The contractual administrative policy of local authorities was implemented in the CGR on 1 January 2018 in accordance with Article 278 of the Law, mainly to recognise that municipalities are local governments and to strengthen their autonomy and powers as such. In addition to the possibility of establishing the contractual rules, the CGR must provide the following: In order to promote transparency in the management of municipal contracts, the municipality introduces measures with this directive in accordance with section 573.3.1.2 of the Cities and Municipalities Act (R.S.Q., c.C-19): Regulation 37-2021 – Amendment of by-law 35-2020 on the contractual management of the RRGMRP The AMP receives, where applicable, complaints by an interested person or undertaking concerned that the tender documents or the procurement procedure do not comply with the applicable contractual provisions. The law provides© that the rules on transparency and contract management apply to the following entities: the main objective of the Contract Management Regulation is to assure citizens that the amounts spent on the purchase of goods and services are spent in accordance with the principles of good administration. All contract management policies adopted by the local municipalities of Brome-Missisquoi under the provisions of section 573.3.1.2 of the Cities and Towns Act or section 938.1.2 of the Municipal Code of Québec are considered to be contract management acts adopted under the same sections as those amended by law, primarily to recognize that municipalities are local governments and, as such, to increase their autonomy and powers (LQ 2017, c 13). The Cities and Towns Act© (Article 573.3.1.2) obliges municipal bodies to issue an ordinance on contract©management and make it available on the Internet. The awarding of contracts is an important and strategic task that requires sound and rigorous management on the part of municipalities. Municipalities have obligations and responsibilities arising from legislative, regulatory and administrative provisions to regulate the awarding of contracts and ensure transparency of processes and accountability to citizens. These provisions are summarized in the document General Plan for the Award of Municipal Contracts (148 KB) and are set out in the document Scheme for the Attribute of a Municipal Contract for the Supply, Execution of Works and Services, whose expenses meet or exceed the threshold of the public tender (139 KB). Municipal authorities must include in their contract management articles measures to promote the purchase of Québec that, in the case of contracts whose expenses are below the threshold of those subject to a public call for tenders, for a period of three years after three months after the approval of the law, that is, from June 25, 2021 to June 25, 2024, be valid. These may relate, for example, to the origin of products and services in Québec or to the establishment of suppliers in Québec. Independent service contracts valued at $25,000 or more may not be awarded using the least compliant tendering method, unless the municipal body provides in its contract management ordinance special rules for the award of contracts whose value is equal to or greater than $25,000 and below the threshold of a public call for tenders. Certain clauses should be included in both tender documents and contracts. The document entitled Contractual clauses that can be added to tender documents and contracts (261 KB) contains examples of clauses that can be used.
In accordance with the applicable legislation, the contract management rules adopted by local municipalities are permanently published on their respective websites. However, if a local municipality does not have a website, the MRC Brome-Missisquoi must permanently publish the MrC Brome-Missisquoi contract management ordinance on its website. Any organization with any of the following characteristics must also comply with the contractual rules of the municipalities: in accordance with its contract management by-law, the MRC must publish on its website the contract management information document in Schedule 1 of the said by-law in order to inform citizens and potential contractors of the measures it has taken in the application of the statutes. The Act to Establish a New Planning Regime for the Floodplains of Lakes and Rivers, which temporarily gives municipalities the power to meet certain needs and amends various provisions adopted on March 25, 2021, amends the contractual and administrative provisions relating to the following issues: Local municipalities remain fully responsible for the content and validity of their contract management by-laws. Municipal entities can establish contract rules that set expenses of more than $25,000 or less than the threshold that requires a public call for tenders in a Contract Management Ordinance (RMC), which specifies to which types of contracts these rules apply. . A contractor who is not eligible for municipal contracts may not, for a period of five years, submit an offer for the conclusion of a municipal contract, enter into such a contract or subcontract directly related to such a contract. Municipal authorities may conclude construction, supply and service contracts with suppliers. For any supply or service contract with expenditures of less than USD 366,200, for any works contract with expenditures of less than USD 9,100,000 and for certain service contracts (see note 1), regardless of the amount of expenditure, a municipality may require the following: In addition, the Law on Public Procurement stipulates that an enterprise, which responds to a call for tenders for the conclusion of a contract, a public contract or a public subcontracting contract must be approved on the day of the submission of its tender, unless the call for tenders provides for a different date, but before the date of conclusion of the contract. An authorisation must be maintained throughout the performance of the public contract or subcontract.
The integrity conditions must also be met throughout the validity period of the licence, and the company must submit an application for renewal before the end of these three years. Before concluding a contract, the municipal authority must ensure that each successful tenderer or tenderer is not registered with RENA or, if registered, that its period for blocking public contracts has expired. Registration is available on the RENA website. In the case of an enterprise, the information contained in the register is as follows: An entrepreneur who does not have a branch in Québec where he carries on his activity permanently is not required to hold the certificate. The same applies to a contractor if a construction or subcontract must be concluded due to an emergency affecting the safety of persons or property. The following three tables illustrate the possible territorial discrimination and the minimum time limits for the receipt of tenders on the basis of expenditure and the nature of the contract, as provided for, inter alia, by the Ministerial Order. According to the latter, the threshold for public tenders is $105,700. A person who wishes to provide information must disclose to the Commissioner any information that, in the opinion of that person, can prove that misconduct has been committed or is imminent or that the person has been asked to commit such an act. If the Electronic Tendering System (SEAO) indicates that a tender is not encrypted, the tenderer has two days to resubmit the original tender documents. .
