S-4.2, r. 16 - Regulation respecting the leasing of immovables by public institutions and agencies

Schedule Disposition versions

2012-09-01

SCHEDULE I

(ss. 12, 18 and 19)

PROVISIONS THAT SHALL BE MENTIONED IN INSTRUCTIONS TO TENDERERS

SECTION I

ESSENTIAL CONDITIONS FOR THE ADMISSIBILITY OF A TENDER

1. The tenderer shall submit a tender on the tender form provided by the applicant. The form shall be completed clearly and accurately and be duly signed in the places prescribed for that purpose by the person or persons authorized to sign.

2. The tenderer shall submit the tender and all documents accompanying it in the envelope provided by the applicant, duly sealed. That envelope shall contain

(1) the tender form;

(2) the preliminary sketches or a plan of the premises describing the proposed layout and the parking areas;

(3) the information form concerning the tenderer, duly completed;

(4) the authorization of signature required by section 3 of this Division;

(5) a security bond, certified cheque or letter of guarantee provided by a bank, where security is required by the applicant; and

(6) any other document required by the applicant, with an express mention that failure to provide such document will entail the inadmissibility of the tender.

3. Unless the tenderer is a self-employed natural person who personally signs the documents included in a tender, authorization to sign the documents shall be declared, as the case may be,

(1) in a certified copy of a resolution where the tenderer is a company;

(2) in a power of attorney duly signed by the tenderer where the signatory is a natural person other than the tenderer; or

(3) in a power of attorney duly signed by all partners where the tenderer is a partnership and the documents are not signed by all partners.

4. Documents shall be drawn up in the official language of Québec.

5. The annual costs of the basic rent, layout work, operating expenses excluding taxes, and an estimate of the taxes to be paid shall be indicated in the tender form.

6. Any deletion or correction to amounts in a tender shall be initialed by the person or persons who signed the tender. Any amendment or deletion made in the text of the tender form by the tenderer automatically entails the refusal of the tender.

7. The applicant shall not accept any tender after the time limit fixed for the call for tenders or, where the time limit for receiving tenders is postponed pursuant to section 14 of this Regulation, after the time limit specified in the addendum sent to tenderers.

8. Any other condition respecting the form of a tender indicated as essential in instructions to tenderers and specifically stating that failure to comply therewith entails the inadmissibility of the tender, shall be satisfied by the tenderer.

SECTION II

ESSENTIAL CONDITIONS FOR TENDER CONFORMITY

9. A tender shall not be subject to conditions or restrictions; such conditions or restrictions may not be considered as errors or omissions.

10. Subject to the provisions respecting admissibility, errors or omissions in the documents of a tenderer do not entail refusal of the tender, provided that the tenderer corrects them to the satisfaction of the applicant within 10 days following the opening of tenders and that such corrections do not entail any change in the updated costs included in the tender submitted.

11. A tender becomes void upon the expiry of the period of validity indicated in the notice of tender, unless the parties agree in writing to extend that period. That extension may not exceed 120 days.

12. The tender submitted shall comply with all the conditions stated in the documents given to tenderers.

M.O. 93-03, Sch. I.