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 E - Article E-2

E-2 Tender content

All tenders must bear the tenderer’s electronic signature and be filed using the form prescribed in Section D-3 of this Code. They contain all the elements mentioned in this form, including:

1. the project description;
    
2. the tenderer’s identification;
    
3. the specialty selected for the tender;
    
4. the list of specifications sections included in the tender, if applicable;
    
   1. d.1) the reference to Schedule V guide prescribing the scope of work of the specialty, as applicable;
       
5. the list of plans included in the tender, if applicable;
    
6. the list of addenda included in the tender, if applicable;
    
7. the tender price; 
    
8. the names of the recipient contractors to whom the tender is addressed;
    
9. the names of other persons who may obtain a copy, such as the project owner, the architect and the project engineer.

The list required in Subsections (d), (e), and (f) of the preceding paragraph may be replaced by a list attached to the tender, in accordance with the procedure established by the BSDQ for the use of the TES.

Only the items mentioned in Subsections a), b), c), d) and e) of the first paragraph may be accessible to the BSDQ after the closing time for the filing of tenders with the BSDQ, in accordance with the established procedure. The other items contained in the tender shall be made available to the contractors concerned or to the BSDQ only under the conditions provided for in Chapters G and H of this Code and the procedure established by the BSDQ for the use of the TES. However, the names of the recipient contractors to whom the tender is addressed constitute information that is brought to the attention of the BSDQ when a withdrawal is made in accordance with Section F-3 or when a request is made in accordance with Section J-7 of this Code.

Chapter D - Articles D-1 to D-5.1 and D-9

D-1 Tender compliance

The tender must comply with the tendering documents and the rules of this Code. It must respect the scope of work specified in these tendering documents. If the tendering documents do not specify the scope of work for the specialty concerned, the tender must comply with that specified in a guide adopted at the time of its subjection, if applicable.

Subject to the provisions of this chapter, a tender must cover only one specialty and must not contain any exclusions, to remain comparable.

D-2 Filings done exclusively through the BSDQ

All tenders must be filed by the tenderer and sent to the recipient contractors solely through the BSDQ, electronically and in accordance with the procedure established by the BSDQ for the use of the TES.

Any document required by the project owner, the recipient contractor, or by the rules of this Code must be filed at the same time as the tender and sent to the recipient contractors solely through the BSDQ, electronically and in accordance with the procedure established by the BSDQ for the use of the TES.

A tenderer may not send a tender directly or tender directly to a recipient contractor.

D-3 Prescribed tender form

The tender must be completed electronically and in accordance with the form prescribed by the procedure established by the BSDQ for the use of the TES.

D-4 Distinct tender for each specialty

Unless otherwise specified in writing in the tendering documents, a separate tender, prepared on a separate form, must be filed for each regulated specialty and for each project.

However, unless otherwise specified in writing in the tendering documents, when a division of a specification includes several regulated specialties, the tenderer may file a tender for each specialty of their choice or a tender covering several or all the specialties included in the division. However, they may only contract for all the work included in their tender.

The term “division” used in the present section has a generic meaning and refers to any part of the specifications that contains divisions or subdivisions.

D-4.1 Grouping of regulated specialties according to either Subsections A, B , O r C o f schedule I (specialties referred to as electrical or mechanical)

Notwithstanding Section D-4 o f t his C ode, a t enderer m ay fi le a t ender c ombining s eparate mechanical specialties or a tender combining separate electrical specialties, even if these specialties are described in different divisions of a specification, unless otherwise specified in writing in the tendering documents.

However, the tenderer remains subject to the obligation set out in Section D-4 to contract only for the entirety of the work included in their tender.

D-5 The tender must include all work related to the specialty

Unless the scope of work for a specialty provides otherwise, a tender must include all work falling within the specialty, as defined in Section A-15 of this Code. All work described in a section of a tender with the work of a regulated specialty is deemed to be part of that specialty.

Subject to the scope of work provided for a specialty in the tendering documents, a tenderer is prohibited from excluding certain work described in a section covered by their tender, such as, for example, drilling, excavation, concrete work, painting, etc., to ensure that tenders remain comparables.

D-5.1 Specialties subject to a guide prescribing the scope of work (specialties known as regulated architectural specialties according to Subsection D of schedule I)

Unless the tendering documents specify the scope of work for a regulated specialty, a tender filed for that specialty must comply with the scope of work prescribed in the guides reproduced in Schedule V for that specialty and adopted at the time of its subjection. Where such a guide has been adopted, Sections D-4 and D-5 of this Code do not apply to tenders for these architectural specialties.

The scope of work prescribed in these guides and the instructions for their use pertaining thereto, reproduced in Schedule V of the present Code, have the purpose of favouring comparison of the tenders filed for a regulated specialty, accounting for and complying with the practices and customs of the construction industry.

D-9 Different tender prices from one recipient contractor to the next

A tenderer may file tenders with different prices and terms for different contractors for the performance of the same work. This must be done in accordance with the procedure established by the BSDQ for the use of the TES.