File 5 - Availability and taking possession
Step 1
First contact with the BSDQ
Step 2
How to use the BSDQ
Step 3
After the project owner's closure
Step 4
Complaint
After the project closes at the BSDQ, bids are made available to recipient contractors. This process is called « making tenders available ».
Once this step is completed, recipient contractors can access the TES to check for any bids addressed to them and take possession of those bids. This must be done before the call for tenders' closing date and time with the project owner.
At the time of taking possession of the bids, this warning is displayed:
The message informs recipient contractors that all bids are initially rejected by default, and it is their responsibility to accept the desired ones.
It is possible to reject bids for the following two reasons:
- If the contractor does not want to open one or more bids for reasons that are their own.
- If the contractor wishes to perform the work of a specialty themselves, all bids for that specialty must be rejected to allow them to do so.
In summary, when a contractor accepts bids in a specialty, they commit to awarding a contract from among those bids. Conversely, if all bids are rejected, the contractor commits to performing the work with their own workforce.
Please note:
When a bid is identified in the 'UNIQUE' column, it means that it is the only one submitted in that specialty for the entire project. If desired, the recipient contractor awardee can request a call for new bids; see Step 3 – Sheet 3.
It is possible to accept a previously rejected bid in the TES until the project owner's closing date and time.
Possession
Additionnal information
Related Tendering Code articles
It should be noted that, for interpretation purposes, the French text shall prevail over the English, the latter being a translation of the French original.
Chapter G - Articles G-1.1, G-5 and G-6
G-1.1 Tallying by BSDQ
After the deadline for filing tenders, the BSDQ tallies the tenders filed to make them available to the recipient contractors who file them, in accordance with the information to which it has access, within the time frame it sets and according to the procedure established for the use of the TES.
G-5 Availability and taking possession of tenders
As soon as the tenders are made available by the BSDQ, the recipient contractors who have signed the commitment provided for in Section C-2 of this Code and to whom they are addressed may take possession thereof. The BSDQ shall not make the tenders available to a recipient contractor who has not signed the commitment provided for in Section C-2 of this Code and who does not have access to the TES.
The recipient contractors take possession of the tenders addressed to them in accordance with the procedure established by the BSDQ for the use of the TES.
No recipient contractor may take possession of the tenders addressed to them for a given project after the closing time for the filing of tenders by recipient contractors.
The period during which tenders are made available is extended by a postponement in the closing time for the filing of tenders by recipient contractors, unless the BSDQ is notified of the postponement after making the compilation of tenders available in the TES in accordance with Chapter H of this Code.
G-6 Refusal to take possession of one or more tenders
The recipient contractor may refuse to accept one or more tenders addressed to them. They shall confirm this refusal electronically in accordance with the procedure established by the BSDQ for the use of the TES.
This refusal may be revoked by the contractor who confirmed it, until the closing time for the filing of tenders by the recipient contractors to whom they were addressed, and in accordance with the procedure established by the BSDQ for the use of the TES.
Chapter J - Article J-8
J-8 Recipient contractor who wishes to perform the work of a regulated specialty themselves
A recipient contractor who wishes to perform all the work on a project involving several specialties, including those subjected to this Code, shall not take possession of tenders addressed to them for the regulated specialty to which they wish to perform themselves.
Subject to Schedule IV, if they do not take possession of any tenders, they may not subsequently award a contract to another contractor for that specialty and must perform the work themselves.
If the recipient contractor takes possession of the tenders addressed to them, they are required to award the contract to one of the tenderers in accordance with the provisions of this Code.
IV – Special application of section J-8
As for the “interior systems” specialty:
If the recipient contractor has refused all tenders for work in the regulated specialty “interior systems,” they may, notwithstanding Section J-8 of the Code, subcontract part of the work covered by these tenders. However, for the subjected territories of Centre du Québec (Drummondville), Estrie (Granby), Outaouais (Hull), Lanaudière (Joliette), Montréal, Capitale-Nationale et Chaudière-Appalaches (Québec), Montérégie (Saint-Jean), Laurentides (Saint-Jérôme), Montérégie (Saint- Hyacinthe), Estrie (Sherbrooke), Montérégie (Sorel), Mauricie (Trois-Rivières), subcontracting is only permitted for the part of the work relating to jointing (treatment of joints).
As for the “thermal insulation other than on the roof or mechanical” specialty:
If the recipient contractor has refused all tenders for work in the regulated specialty “thermal insulation other than roofing or mechanical,” they may, notwithstanding Section J-8 of the Code, subcontract part of the work covered by these tenders only in the subjected territories of Capitale-Nationale et Chaudière-Appalaches (Québec City), Saguenay-Lac-Saint-Jean (Jonquière), and Bas-Saint-Laurent-Gaspésie-Îles (Rimouski). However, for the territory of Capitale-Nationale et Chaudière-Appalaches (Québec), subcontracting is only permitted for the part of the work relating to sprayed or injected urethane foam insulation.