Chapter F - Articles F-1 to F-7
The Tendering Code
Chapter A - Definitions
Chapter B – Conditions of application
Chapter C - Commitments to the BSDQ
Chapter D - Tenders and tender securities
- Chapter D - Article D-1
- Chapter D - Articles D-2 to D-3
- Chapter D - Article D-4
- Chapter D - Article D-4.1
- Chapter D - Article D-5
- Chapter D - Article D-5.1
- Chapter D - Articles D-6 to D-9
- Chapter D - Articles D-10 and D-10.1
- Chapter D - Article D-11
- Chapter D - Articles D-12 to D-13.1
- Chapter D - Articles D-14 and D-15
Chapter E - Procedure for filing electronic tenders
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 I - Recall of tenders
Chapter J - Contract
Chapter K - Contractor's liability
Chapter L - Complaints
Schedules
- Schedule I - Regulated specialties
- Schedule I - Regulated specialties (continuation)
- Schedule II - LIST OF LEGAL ENTITIES* AUTHORIZED TO ISSUE A TENDER BOND AND A LETTER OF INTENT
- Schedule III and IV
- Schedule V - Guides prescribing the scope of work
- Schedule V - Reinforcing steel
- Schedule V - Structural steel
- Schedule V - Roofing speciality
- Schedule V - Thermal insulation other than roofing or mechanical
- Schedule V - Masonry
- Schedule V - Fabricated metal
- Schedule V - Metal siding
- Schedule V - Interior systems
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.
F-1 RIGHT OF WITHDRAWAL
The right of withdrawal, as set out in this Chapter, forms part of every tender filed under this Code, notwithstanding any contrary or different stipulation or any omission in the tendering documents. The right of withdrawal does not exist when tenders must be addressed to a single recipient contractor acting as the successful recipient contractor.
F-2 WITHDRAWAL PERIOD
A tenderer may withdraw their tender during the period between the availability of tenders by the BSDQ and the closing time for the filing of tenders by recipient contractors.
The withdrawal period expires eight (8) business hours before the closing time for the filing of tenders by recipient contractors.
Once the withdrawal period has expired, the tender remains irrevocable for the entire period of validity specified therein.
The withdrawal period is not extended by any postponement in the closing time for the filing of tenders by the recipient contractors if such postponement occurs, or if the BSDQ is notified of such postponement, after the tenders filed at the BSDQ have been made available.
F-3 ELECTRONIC WITHDRAWAL OF A TENDER
The tenderer who withdraws their tender must do so electronically, within the prescribed time limit and in accordance with the procedure established by the BSDQ for the use of the TES. This operation is irreversible.
The tender that has been filed and remains available is then identified in the TES as having been withdrawn. The recipient contractors, including those who took possession of the tender before it was identified as such in the TES, are notified of the withdrawal by the BSDQ in a specific manner, by any means deemed sufficient and before the closing time for the filing of tenders by the recipient contractors.
Before filing their own tender to the project owner, the recipient contractors must ensure that the tenders they have taken possession of have not been withdrawn.
F-4 WITHDRAWAL CHARGE
The tenderer must pay the BSDQ, upon invoicing, an amount equivalent to 1% of the tender price. This amount may not exceed $5,000.
F-5 MONITORING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal may only be exercised for legitimate reasons. The BSDQ may request explanations from any tenderer who has exercised their right of withdrawal. If the BSDQ believes that the withdrawal took place without legitimate reason, it shall notify the parties to the agreement in accordance with Chapter L of this Code.
F-6 REPEALED SECTION
F-7 EFFECT OF EXERCISE OF RIGHT OF WITHDRAWAL
For the purposes of Chapter I and Section J-7, a tender withdrawn in accordance with this Chapter is deemed never to have been filed with the BSDQ.