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. 

J-1 CONTRACT FOLLOWING A TENDER

Subject to Section I-5, the tenderer and the successful recipient contractor may only enter a contract for a regulated specialty to the prices and conditions of a tender filed in accordance with this Code.

The tenderer and the successful recipient contractor may not agree to a reduction in the price of a tender filed in accordance with this Code, nor to a commission, discount, share, or other benefit that would have the effect of changing the actual price.

J-1.1 PAYMENT DISCOUNT

A discount granted in exchange for faster payment (payment discount) and freely agreed upon at the time of conclusion of the contract between the lowest compliant tenderer and the successful recipient contractor shall not be deemed to contravene Section J-1 of this Code.

The same applies to a payment discount freely granted at the time of conclusion of the contract between the tenderer designated by the project owner in accordance with Subsection (a) of Section J-3 of this Code and the successful recipient contractor. 

However, unless required by the tendering documents, such a payment discount may never be considered in determining the ranking of tenderers. 

The successful recipient contractor and the tenderer may not refuse to enter a contract with each other on the grounds that one of them refuses to agree to such a payment discount.

J-2 AWARDING OF CONTRACT TO LOWEST COMPLIANT TENDERER IN CASES WHERE A TENDER SECURITY HAS BEEN PROVIDED BY THE TENDERER

The successful recipient contractor is required to award the contract for a regulated specialty to the tenderer who addressed to them the lowest compliant tender and of which they have taken possession, subject to the provisions of Sections J-3, J-4 and J-6 of this Code, in all cases where the tenderer has provided, together with their tender, a tender security in accordance with the provisions of Chapter D of this Code, whether or not such a security is required by the tendering documents or by this Code.

Thus, in cases not provided for in Schedule III of this Code, the obligation to award the contract to the lowest compliant tenderer is maintained only if the latter has attached a tender security to their tender. If the lowest compliant tenderer has not attached such a security to their tender, the successful recipient contractor is no longer bound by this rule. However, the successful recipient contractor may only award the contract to a tenderer who has addressed a compliant tender through the BSDQ, of which they have taken possession, and at the price and conditions of that tender.

In addition, the successful recipient contractor may not award the contract to a tenderer whose tender price is higher than the price of the lowest compliant tenderer who has provided a tender security.

When the tender security is provided by electronic money transfer, the obligation of the successful recipient contractor to award the contract to the lowest compliant tenderer remains, subject to the provisions of the third paragraph of Section D-10 of this Code.

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Chapter J - Article J-3