41.5. In the case of a complaint under section 41.3, the mixed enterprise company must send the complainant its decision electronically after the complaint filing deadline but not later than three days before the tender closing date it has determined. If necessary, the mixed enterprise company must defer the tender closing date.
If the mixed enterprise company has received two or more complaints about the same call for tenders, it must send both or all of its decisions at the same time.
The mixed enterprise company must, when sending its decision on a complaint filed with it, make an entry to that effect on the electronic tendering system without delay.
The mixed enterprise company must defer the tender closing date by the number of days needed to allow a minimum period of seven days to remain from the date its decision is sent.
The mixed enterprise company must also, if applicable, inform the complainant of the complainant’s right to file a complaint under section 37 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within three days after receiving the decision.
If, two days before the tender closing date, the mixed enterprise company has not indicated on the electronic tendering system that it has sent its decision on a complaint, the system operator must, without delay, defer the tender closing date by four days. If the deferred date falls on a holiday, it must again be deferred to the second next working day. In addition, if the day preceding the deferred date is not a working day, that date must be deferred to the next working day. For the purposes of this section, Saturday is considered a holiday, as are 2 January and 26 December.