The Code

Chapter D - Articles D-10 and D-10.1

The Tendering Code

Chapter B – Conditions of application

Chapter F - Tender withdrawal

Chapter G - Procedure for electronically making available and taking possession of tenders

Chapter H - Access to tenders by the BSDQ and tabulation

Chapter K - Contractor's liability

Chapter L - Complaints

List of agreements that amended the Tendering Code since october 29, 1996

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. 

D-10 MANDATORY TENDER SECURITY

Each tender whose price is equal to or greater than the amount indicated in Schedule III of this Code must, even if the tendering documents do not require it, be accompanied by a tender security. A tender not accompanied by this security is non-compliant and cannot be accepted by the recipient contractor.

The tender security may be provided in the form of a tender bond and letter of intent issued by a legal entity whose name is listed in Schedule II of this Code. This security gives the lowest compliant tenderer the right to obtain the contract, in accordance with Section J-2 of this Code.

The tender security may also be provided through an electronic money transfer to the BSDQ account allocated for this purpose, unless otherwise indicated in the tendering documents. This security does not give the lowest compliant tenderer the right to obtain the contract, in accordance with Section J-2 of this Code, unless they are able to provide a performance bond and a labour and materials payment bond within five (5) business days of a request to that effect from the successful recipient contractor.

The tender security, whether provided in the form of a bond or electronic money transfer, shall be equal to ten percent (10%) of the tender price, unless otherwise indicated in the tendering documents.

D-10.1 TERMS FOR FILING THE TENDER SECURITY

The tender bond and letter of intent are provided using the prescribed form and in accordance with the procedure established by the BSDQ for the use of the TES. They shall be issued and signed in advance by one of the legal entities listed in Schedule II, then attached to the tender, which shall be filed electronically by the tenderer before the deadline for the filing of tenders at the BSDQ.

The electronic transfer of an amount of money shall be made in accordance with the procedure established by the BSDQ when filing the tender. After the tender accompanied by such a security has been filed, and in accordance with the procedure established for the use of the TES, the BSDQ confirms electronically that the required amount has been transferred to its trust account.

Recipient contractors shall make sure this confirmation is received prior to filing their own tenders with the project owner.

 

 

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Chapter D - Article D-11