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-2 RECALL OF TENDERS RESTRICTED TO TENDERERS HAVING FILED A TENDER UPON INITIAL CALL FOR TENDERS

Except in the cases mentioned in Section I-3 of this Code, only tenderers who filed a tender during the initial call for tenders may file a tender during a recall for tenders, in accordance with the procedure established by the BSDQ for the use of the TES. A tenderer may then only file a tender for the regulated specialty covered by their initial tender.

A tenderer who has exercised the right to withdraw their tender in accordance with Section F of this Code during the initial call for tenders may not file a tender during a recall for tenders restricted to tenderers who filed a tender during the initial call for tenders, as stipulated in Section F-7 of this Code.

I-3 RECALL OF TENDERS OPEN TO ALL TENDERERS

Any tenderer may file a tender during a recall for tenders in the following cases:

1. when a single tender was filed during the initial call for tenders;
   a.1) when more than one tender was filed in response to the initial call for tenders, but only one was not withdrawn before the expiry of the withdrawal period provided for in Chapter F of this Code; 
2. when fewer than three (3) tenders were filed during the initial call for tenders and there is a change to the tendering documents; 
   b.1) when the project owner is a public body subject to a law or regulation approved by the Government of Canada or Québec requiring it to proceed by public notice in newspapers for the execution of construction work, and when that body has determined that it must act in the same manner for the recall for tenders;
3. when the number of tenders filed during the initial tender process was less than the number required by a law, decree, or government regulation;
4. when the project owner is a public body subject to a law or regulation approved by the Government of Canada or Québec requiring it to proceed by public notice in newspapers for the execution of construction work, and when that body has determined that it must act in the same manner for the recall for tenders;
   d.1) when the recall for tenders has been authorized pursuant to Paragraph four of Section I-1 of this Code;
5. when the BSDQ deems it appropriate, after consulting with the project owner, to allow the recall for tenders to be open to all tenderers;
6. when the recall for tenders has been authorized by the special committee in accordance with Section I-1.1 of this Code.

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Chapter I - Articles I-4 to I-6