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-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.

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Chapter C - Articles C-3 and C-4