S-30.01 - Act respecting public transit authorities

Section 103.0.1 Disposition versions

2021-03-25

103.0.1. Subject to compliance with intergovernmental agreements on the opening of public procurement, the Government may, on the recommendation of the Minister of Municipal Affairs, Regions and Land Occupancy, authorize a transit authority that uses the system of bid weighting and evaluating provided for in section 96 to make a contract related to a public transit infrastructure and allow the transit authority, despite sections 96 and 99.0.1 to 99.0.8,

(1)  to defer knowledge and evaluation of the price;

(2)  to evaluate only the price of the tenders that have obtained the minimum score for the other criteria of the system of bid weighting and evaluating;

(3)  for a transit authority that has previously established a certification and qualification process for suppliers or contractors, as soon as the public call for tenders is issued, to carry out discussions with those who are certified or qualified in order to clarify the project;

(4)  to not require the submission of preliminary tenders before final tenders so as to make way for the discussion process intended to clarify the project;

(5)  where all the tenderers have submitted a compliant tender and each of the tenders proposes a price that is higher than the estimate established by the transit authority, to negotiate with all the tenderers individually any provision required to bring the parties to enter into a contract while preserving the fundamental elements of the call for tenders and of the tenders; and

(6)  to pay, on the conditions the Government establishes, a financial compensation to any supplier or contractor that is certified or qualified and, if the contract is awarded, that is not the successful tenderer for the contract for which the process was held where that process is established solely to award a single contract.

The Government may establish the conditions under which the Minister of Municipal Affairs, Regions and Land Occupancy may authorize a transit authority to pay the financial compensation provided for in subparagraph 6 of the first paragraph. It may also confer on the Minister the power to establish the conditions under which the Minister may authorize a transit authority to pay that compensation.

The conditions ordered under the first paragraph may depart from the provisions mentioned by amending them or by providing that one or some of those provisions do not apply and, as the case may be, may replace them by any other provision.

2021, c. 7, s. 108.