Chapter J - Articles J-4 to J-6
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-4 AWARDING OF CONTRACT TO A TENDERER WHO DID NOT FILE THE LOWEST COMPLIANT TENDER WITHOUT THE PERMISSION OF THE BSDQ
In an emergency, the successful recipient contractor may award a contract to a tenderer who did not file the lowest compliant tender without the permission of the BSDQ if the conditions set out in Section J-3 of this Code are met.
The BSDQ may investigate and proceed in accordance with the provisions of Chapter L of this Code without prejudice to the rights and remedies of any tenderer who considers themselves aggrieved.
J-5 CONTRACT WITH A RECIPIENT CONTRACTOR
A tenderer may not enter a contract with a recipient contractor to whom they have not addressed a tender through the BSDQ, or who has not taken possession of it.
J-6 AWARDING OF THE CONTRACT TO A NON-COMPLIANT TENDERER
The successful recipient contractor shall not be liable to fines or disciplinary measures or be required to pay penalties or damages if they have awarded the contract to a tenderer whose tender was noncompliant, if this non-compliance was not significant enough to change the fact that the latter’s tender price was the lowest and if there was no room for bargaining.
A tenderer who has filed a non-compliant tender may, in the circumstances referred to in the preceding paragraph, be subject to fines or disciplinary measures or a penalty but may not be ordered to pay damages.
A tenderer who has filed a non-compliant tender within the meaning of the first paragraph of this Section may not, on that ground, refuse to contract with the successful recipient contractor.