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 C - Articles C-1 to C-4

C-1 Tenderer’s commitment

In order for their tender to be accepted by the BSDQ, all tenderers must hold a contractor’s licence issued under the Building Act (RLRQ, chapter B-1.1), submit a copy of it to the BSDQ, and after first signing the following commitment:

The aforementioned contractor undertakes to comply with the rules set out in this Tendering Code (Code) enacted pursuant to the agreement establishing the Bureau des soumissions déposées du Québec (BSDQ) as well as with the provisions of any amendment possibly made to said Code.
In the event of any breach or infringement on his part, he agrees to be accountable to all other tenderers having acted in accordance with this Code for damages suffered by them as a result of said breach or infringement.
With respect to the parties to the agreement establishing the BSDQ, subject to and without affecting the obligations, sanctions, rights and recourses provided for by law in such case, he agrees, should he breach or infringe any provision of this Code in making any offer, tender or agreement, to pay, in lieu of liquidated damages, a penalty equal to five percent (5%) of the price of the contract thus secured.
Should he fail to pay the aforementioned penalty, one of the parties hereto may consequently prosecute him accordingly.
He also undertakes to pay any fine and to comply with disciplinary measures possibly taken against him by any one of the parties to the BSDQ agreement in respect of any breach or infringement of this Code.
He also undertakes to file a tender electronically, to make all necessary verifications and to gather any information that may be required, prior to filing a tender, the whole in order to ensure that said tender is submitted in accordance with this Code. He shall sign the User Protocol providing access to TES and comply with the procedure established by the BSDQ for the use of TES.
He authorizes the BSDQ not to make his tender available to a recipient contractor having failed to sign the commitment to the BSDQ contained in Section C-2 of this Code.
Whenever he secures a contract after filing a tender through the BSDQ, he undertakes to inform the BSDQ accordingly. He also undertakes to pay the BSDQ yearly dues as well as any required contribution due and the cost of any item, document or service provided to him, based on amounts set by the latter from time to time and to pay the withdrawal fees mentioned in this Code.
He acknowledges and agrees that should he still be in default with respect to the payment of amounts owing to the BSDQ ninety (90) days after his billing date, the BSDQ may deem this commitment to the BSDQ contract cancelled or null and void.
He also agrees to be bound by the provisions of Section C-2 of this Code when acting as recipient contractor.

The tenderer’s commitment will be considered terminated or void if the tenderer ceases to hold a valid license issued under the Building Act (CQLR, chapter B-1.1).

The BSDQ numbers the commitments and keeps a register of them. It communicates the specific commitment number to each person so committed. It ensures the validity of the commitment before allowing the tenderer to access the TES.

C-2 Recipient Contractor’s Commitment

All recipient contractors wishing to have their tender accepted by the BSDQ shall hold a contractor’s licence issued pursuant to the provisions of the Building Act (CQLR, chapter B-1.1) and shall deliver a copy thereof to the BSDQ after first signing the following commitment:

The aforementioned contractor undertakes to comply, with respect to the awarding of contracts, with the rules set out in this Tendering Code (Code) enacted pursuant to the agreement establishing the Bureau des soumissions déposées du Québec (BSDQ) as well as with the provisions of any amendment possibly made to said Code.
He declares that he requires that a tender security and a letter of intent in accordance with the provisions and modalities provided for in said Code and its Schedules.
He accepts that tenders be made available to him only electronically and undertakes for this purpose to sign the Use Protocol giving him access to TES and to comply with the procedure established by the BSDQ for the use of TES.
In the event of any breach or infringement on his part, he agrees to be accountable to all other recipient contractors having acted in accordance with this Code and to all tenderers for damages suffered by them as a result of said breach or infringement.
With respect to the parties to the agreement establishing the BSDQ, subject to and without affecting the obligations, sanctions, rights and recourses provided for by law in such case, he agrees to pay, should he breach or infringe any provision of this Code, in lieu of liquidated damages, a penalty equal to five percent (5%) of the price of any contract entered into in contravention of this Code. Should he fail to pay the aforementioned penalty, one of the parties hereto may consequently prosecute him accordingly.
He also undertakes to pay any fine and to comply with disciplinary measures possibly taken against him by any one of the parties to the BSDQ agreement in respect of any breach or infringement of this Code.
When awarding a contract to any tenderer having addressed to him a tender for each governed specialty, he undertakes to inform the BSDQ thereof within thirty (30) days following the signing of said contract. He also undertakes to pay the BSDQ yearly dues and to pay the cost of any item, document or service provided to him, based on amounts set by the latter from time to time.
He acknowledges and agrees that should he still be in default with respect to the payment of any amounts owing to the BSDQ ninety (90) days after their billing date, the BSDQ may deem this commitment to the BSDQ contract cancelled or null and void.

The recipient contractor’s commitment will be considered terminated or void if the recipient contractor ceases to hold a valid licence issued under the Building Act (CQLR, chapter B-1.1).

The BSDQ numbers the commitments and keeps a register of them. It communicates the specific commitment number to each person so committed. It ensures the validity of the commitment before allowing the recipient contractor to access the TES.

C-3 Authorization o f t he Signatory of the Tenderer’s Commitment and the recipient contractor’s Commitment

The tenderer’s commitment or the recipient contractor’s commitment, where the tenderer or recipient c ontractor is a legal entity, must be accompanied by a resolution or, in the case of a company, a letter signed by all the partners, confirming that the signatory is duly authorized to bind such legal entity or company.

C-4 Revocation of the commitments

The tenderer’s commitment or the recipient contractor’s commitment is valid for all acts performed prior to its revocation. Any revocation shall be valid only if it is in writing and accompanied by the documents mentioned in Section C-3 of this Code in the cases mentioned therein. Any revocation shall take effect only thirty (30) days after it has been received by the BSDQ.

Chapter E - Article E-1 

E-1 Obtaining access code for tenderers 

Tenderers who have signed the commitment provided for in Section C-1 of this Code have access to the TES by signing the User Protocol, which allows them to be assigned a master user code and password by the BSDQ. The procedure for filing tenders electronically is that established by the BSDQ for the use of the TES.

Chapter G - Article G-1 

G-1 Obtaining an access Code for recipient contractors

Recipient contractors who are signatories to the commitment set out in Section C-2 of this Code have access to the TES by signing the User Protocol, which allows them to be assigned a master user code and password by the BSDQ. The procedure for making tenders available and taking possession of them electronically is that established by the BSDQ for the use of the TES.