The Code

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. 

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.

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Chapter C - Article C-2