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. 

I-1 CASES OF RECALL FOR TENDERS

A recall for tenders for work in a regulated specialty may be requested by the project owner or by the successful recipient contractor and authorized by the BSDQ in the following cases:

1. when the project owner decides to modify the tendering documents that were the subject of a previous call for tenders;
2. when a unique tender has been filed;
3. when more than one tender has been filed, but only one has not been withdrawn before the expiry of the withdrawal period provided for in Chapter F of this Code;
   c.1) when, following a written request by the recipient contractor, the lowest compliant tenderer has refused to extend the validity period of their tender under the same conditions as those required of the recipient contractor by the project owner;
4. when, because of a law, decree, or government regulation, an insufficient number of tenders have been filed;
5. when the BSDQ, after consulting with the project owner, deems it appropriate to authorize a recall for tenders.

In the cases mentioned in Subsections a) and d) of the previous paragraph, if the request for a new round of tendering is made by the successful recipient contractor, the request must first be approved by the project owner.

If more than one tender has been filed, no recall for tenders shall be authorized at the request of the successful recipient contractor on the grounds that only one compliant tender has been filed to them.

Even if only one tender has been filed to the successful recipient contractor for a regulated specialty, if the contractor has taken possession of it and if more than one tender has been filed for that specialty but for other recipient contractors, it shall not be considered, for the purposes of this Section and Sections I-2 and I-3 of this Code, to be a case of a single tender. Nevertheless, in such
circumstances, a recall for tenders may be authorized at the request of the successful recipient contractor if the filed tenders that are not addressed to them are addressed to only one recipient contractor. The successful recipient contractor must demonstrate, at the time of their request, that they have availed themselves of the provisions of Section J-7 of this Code. 

Even if a single tender covering several specialties has been filed as permitted by Sections D-4 and D-4.1 of this Code, no recall for tenders shall be permitted when more than one tender has been filed for each of the specialties covered by the tender covering several specialties.

If more than one tender covering several specialties has been filed, as permitted by Sections D-4 and D-4.1 of this Code, a recall for tenders may be authorized only for those specialties for which no tenders or only one tender has been filed. 

I-1.1 RECALL OF TENDERS RULED ON BY BSDQ SPECIAL COMMITTEE

A recall for tenders for work in a regulated specialty may be requested by the successful recipient contractor and authorized by a decision of a special committee set up for this purpose by the BSDQ, in the following cases:

1. when all tenders addressed to the successful recipient contractor and of which they have taken possession are non-compliant;
2. when all tenders addressed to the successful recipient contractor and of which they have taken possession relate to different works and cannot be compared with each other;
3. when all tenders addressed to the successful recipient contractor and of which they have taken possession are unreasonably priced in relation to market conditions or the requirements of the tendering documents.

Through this request, the successful recipient contractor entrusts the mandate to this ad hoc committee, composed of contractors who have signed the commitments provided for in Sections C-1 or C-2, to authorize or not to authorize the recall for tenders on behalf of the BSDQ, in a final manner and according to the procedure established by the BSDQ. The successful recipient contractor
must pay in advance the fees determined by the BSDQ for their request to be considered. These fees are refunded if the committee accepts their request and authorizes the recall for tenders.

The project owner is informed by the BSDQ when a recall for tenders requested under Subsection c) of this Section is authorized.
 

Next ->

Chapter I - Articles I-2 and I-3