S-5, r. 4 - Regulation respecting the lease of buildings by public institutions and regional councils

Schedule Disposition versions

2012-09-01

SCHEDULE I

(s. 12)

PROVISIONS THAT MUST BE MENTIONED IN INSTRUCTIONS TO TENDERERS

DIVISION I

ESSENTIAL CONDITIONS FOR THE ADMISSIBILITY OF A TENDER

1. The tenderer shall submit his tender on the documents issued by the applicant or on any exact reproduction of those documents, which must be completed clearly and accurately, and must be duly signed in the places prescribed for that purpose by the person or persons authorized thereto.

2. Unless the tenderer is a natural person operating a business alone under his own name and signing the tender documents himself, authorization to sign the documents must accompany the tender and be declared:

(1) in a certified copy of the resolution of the legal person to that effect where the tenderer is a legal person;

(2) where the tenderer is a partnership, a power of attorney authorizing the signature must also be furnished where the tender documents where not signed by all the partners;

(3) in a notarial power of attorney designating the person authorized to sign, where it is a natural person operating a business alone under his own name who has not himself signed the tender documents.

3. The total starting rent must be indicated on the tender form and the annual cost of the basic price, the cost of preparation, estimated taxes, operating costs and the cost of housekeeping maintenance where they are not included in operating expenses.

4. The total starting rent, without the estimated cost of taxes must also be indicated on the tender form for the purposes of determining the lowest tender.

5. Any crossings out of and corrections to figures in the tender must be initialed by the person or persons who signed the tender.

6. The documents must be drawn up in the official language of Québec.

7. The applicant does not agree to accept any tender after the time fixed in the tender invitation, or if receipt is delayed, after the time stated in the notice addressed to tenderers.

8. Any other condition indicated as essential in the instructions to tenderers, specifically stating that any failure to comply therewith would render the tender inadmissible, must be satisfied by the tenderer.

DIVISION II

ESSENTIAL CONDITIONS FOR ACCEPTANCE OF A TENDER

9. The tender must not be accompanied by conditions or restrictions.

10. Subject to the provisions respecting admissibility, errors or omissions in tender documents do not involve refusal of the tender, provided that the tenderer corrects them when required to the satisfaction of the applicant within 10 days following the opening of tenders, and that the corrections do not involve an increase in the tender price.

11. The analysis of the tenders may not have the effect that a tenderer, other than the lowest tenderer at the time of the opening of tenders, becomes the lowest tenderer by reason of the correction of an error in his tender whose effect is to reduce the total price.

12. A tender shall be void after the expiry of the time indicated in the call for tenders, except upon agreement of the parties in writing to grant an additional period of validity.

T.B. 171346, Sch. I.