12. The public body evaluates the tenders received, ensuring that the suppliers are eligible and their tenders are compliant.
Despite the foregoing, where the tender documents provide for compliance tests, the tests are first carried out in respect of the goods proposed by the supplier who, in the absence of those tests, would be the successful tenderer. The tests are then carried out in respect of the goods proposed by the next supplier only if the goods proposed by the preceding supplier fail to pass the compliance tests and so forth until the tests are successful. However, in the case of a delivery order contract entered into with a number of suppliers, the compliance tests are carried out in respect of the goods proposed by all the suppliers who, except for those tests, would be retained.
If the public body rejects a tender because the supplier is ineligible or the tender is non-compliant, it must so inform the supplier and give the reason for the rejection no later than 15 days after awarding the contract.
A tender received after the closing date and time for receiving tenders may not, for that sole reason, be considered non-compliant if the delay is attributable solely to the public body.
O.C. 531-2008, s. 12; O.C. 292-2016, s. 111; S.Q. 2018, c. 10, s. 15.