Chapter J - Article J-3
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.
J-3 CASE WHERE A REQUEST FOR PERMISSION TO AWARD A CONTRACT TO A TENDERER WHO DID NOT FILE THE LOWEST COMPLIANT TENDER IS GRANTED BY THE BSDQ
The request to award a contract to a tenderer who has filed a compliant tender, but who has not filed the lowest tender will be granted in either of the following circumstances:
- when the project owner requires in writing that the subcontract for a regulated specialty be awarded to a tenderer who has filed a tender through the BSDQ in that regulated specialty but who is not the lowest tenderer, and if the contract with that tenderer is awarded at the price and conditions of the tender that they themselves filed in accordance with the Code;
- when a comparison of the various tenders filed does not make it possible to determine which tender is the lowest because these tenders relate to different works, provided that the contract with the successful tenderer is then awarded at the price and conditions of their tender;
- when the lowest compliant tenderer refuses to enter a contract or when, despite filing a letter of intent, the lowest compliant tenderer is unable to obtain a performance bond and a bond for the payment of labour and materials;
- 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.
The request made to the BSDQ must be in writing and contain the reasons justifying it. All contractors concerned must have received a copy of the request and may make written representations to the BSDQ and provide any evidence they deem useful.
The BSDQ may, in all cases, require the filing of written and sworn statements and must rule on the request within ten (10) days of their receipt.
Subject to the requirement of the project owner set out in Subsection a), when the BSDQ agrees that the contract should not be awarded to the tenderer who addressed the lowest compliant tender to the successful recipient contractor, the latter may only award the contract to the compliant tenderer who addressed to them the lowest tender immediately after the tenderer covered by a request made in accordance with this Section.