Demystifying the
BSDQ

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 I - Articles I-1 to I-6

I-1 Cases of a recall for tenders

A recall for tenders for work in a regulated specialty may be requested by the project owner or by the successful recipient contractor and authorized by the BSDQ in the following cases:

1. when the project owner decides to modify the tendering documents that were the subject of a previous call for tenders;
    
   
2. when a unique tender has been filed;
    
   
3. when more than one tender has been filed, but only one has not been withdrawn before the expiry of the withdrawal period provided for in Chapter F of this Code;
    
   1. c.1) when, following a written request by the recipient contractor, the lowest compliant tenderer has refused to extend the validity period of their tender under the same conditions as those required of the recipient contractor by the project owner;
       
4. when, because of a law, decree, or government regulation, an insufficient number of tenders have been filed;
    
5. when the BSDQ, after consulting with the project owner, deems it appropriate to authorize a recall for tenders.

In the cases mentioned in Subsections a) and d) of the previous paragraph, if the request for a new round of tendering is made by the successful recipient contractor, the request must first be approved by the project owner.

If more than one tender has been filed, no recall for tenders shall be authorized at the request of the successful recipient contractor on the grounds that only one compliant tender has been filed to them.

Even if only one tender has been filed to the successful recipient contractor for a regulated specialty, if the contractor has taken possession of it and if more than one tender has been filed for that specialty but for other recipient contractors, it shall not be considered, for the purposes of this Section and Sections I-2 and I-3 of this Code, to be a case of a single tender. Nevertheless, in such circumstances, a recall for tenders may be authorized at the request of the successful recipient contractor if the filed tenders that are not addressed to them are addressed to only one recipient contractor. The successful recipient contractor must demonstrate, at the time of their request, that they have availed themselves of the provisions of Section J-7 of this Code.

Even if a single tender covering several specialties has been filed as permitted by Sections D-4 and D-4.1 of this Code, no recall for tenders shall be permitted when more than one tender has been filed for each of the specialties covered by the tender covering several specialties.

If more than one tender covering several specialties has been filed, as permitted by Sections D-4 and D-4.1 of this Code, a recall for tenders may be authorized only for those specialties for which no tenders or only one tender has been filed.

I-1.1 Recall for tenders ruled on by a BSDQ special committee

A recall for tenders for work in a regulated specialty may be requested by the successful recipient contractor and authorized by a decision of a special committee set up for this purpose by the BSDQ, in the following cases:

1. when all tenders addressed to the successful recipient contractor and of which they have taken possession are non-compliant;
2. when all tenders addressed to the successful recipient contractor and of which they have taken possession relate to different works and cannot be compared with each other;
3. when all tenders addressed to the successful recipient contractor and of which they have taken possession are unreasonably priced in relation to market conditions or the requirements of the tendering documents.

Through this request, the successful recipient contractor entrusts the mandate to this ad hoc committee, composed of contractors who have signed the commitments provided for in Sections C- 1 or C-2, to authorize or not to authorize the recall for tenders on behalf of the BSDQ, in a final manner and according to the procedure established by the BSDQ. The successful recipient contractor must pay in advance the fees determined by the BSDQ for their request to be considered. These fees are refunded if the committee accepts their request and authorizes the recall for tenders.

The project owner is informed by the BSDQ when a recall for tenders requested under Subsection c) of this Section is authorized.

I-2 Recall for tenders restricted to tenderers having filed a tender upon initial call for tenders

Except in the cases mentioned in Section I-3 of this Code, only tenderers who filed a tender during the initial call for tenders may file a tender during a recall for tenders, in accordance with the procedure established by the BSDQ for the use of the TES. A tenderer may then only file a tender for the regulated specialty covered by their initial tender.

A tenderer who has exercised the right to withdraw their tender in accordance with Section F of this Code during the initial call for tenders may not file a tender during a recall for tenders restricted to tenderers who filed a tender during the initial call for tenders, as stipulated in Section F-7 of this Code.

I-3 Recall for tenders open to all tenderers

Any tenderer may file a tender during a recall for tenders in the following cases:

1. when a single tender was filed during the initial call for tenders;
    
   1. a.1) when more than one tender was filed in response to the initial call for tenders, but only one was not withdrawn before the expiry of the withdrawal period provided for in Chapter F of this Code;
       
2. when fewer than three (3) tenders were filed during the initial call for tenders and there is a change to the tendering documents;
    
   1. b.1) when, following a written request by the recipient contractor, the lowest compliant tenderer has refused to extend the validity period of their tender under the same conditions as those required of the recipient contractor by the project owner;
       
3. when the number of tenders filed during the initial tender process was less than the number required by a law, decree, or government regulation;
    
4. when the project owner is a public body subject to a law or regulation approved by the Government of Canada or Québec requiring it to proceed by public notice in newspapers for the execution of construction work, and when that body has determined that it must act in the same manner for the recall for tenders;
    
   1. d.1) when the recall for tenders has been authorized pursuant to Paragraph four of Section I- 1 of this Code;
       
5. when the BSDQ deems it appropriate, after consulting with the project owner, to allow the recall for tenders to be open to all tenderers;
    
6. when the recall for tenders has been authorized by the special committee in accordance with Section I-1.1 of this Code.

I-4 Refusal by the BSDQ to authorize recall for tenders

The BSDQ may, after investigation, refuse to authorize a recall for tenders that it deems unjustified based on changes made to the tendering documents and that would serve only to allow tenderers who filed a tender during the initial call for tenders to change the price of their tender in order to change their ranking in relation to the lowest compliant tenderer.

In the cases provided for in this Section, as well as in cases where the BSDQ refuses to authorize a recall for tenders pursuant to Sections I-1 or I-1.1 of this Code, any tenderer who sends their tender directly to a recipient contractor or a successful recipient contractor is in violation of this Code, as stipulated in the last paragraph of Section D-2.

I-5 Prohibition on contracting without a recall for tenders in the event of changes to the tendering documents, except for the lowest compliant tenderer

No contractor, except the tenderer who filed the lowest compliant tender during the initial call for tenders, may contract for work in a regulated specialty other than that covered by their tender during the initial call for tenders, unless a recall for tenders has been authorized in accordance with the provisions of this chapter.

I-6 Forfeiture

When a filed tender has not been accepted within six (6) months of the closing date for the filing of tenders to the BSDQ, the obligations arising from the BSDQ rules do not apply and new tenders may be requested for the same work. However, if a general contractor’s contract is awarded before the expiry of the period specified at the beginning of this Section, the forfeiture shall only occur after one (1) year from the closing date for the filing of tenders to the BSDQ if none of them have been accepted.