21.18. An enterprise that responds to a call for tenders for a public contract or subcontract or that is part of a consortium that responds to such a call for tenders must hold an authorization on the date the bid is submitted. An enterprise that enters into a public contract or subcontract by mutual agreement must hold an authorization on the date the contract or subcontract is entered into.
However, if the call for tenders concerns the carrying out of a partnership contract, the enterprise that responds to the call for tenders and, in the case of a consortium, every enterprise in the consortium must hold an authorization on the date the bid is submitted unless the tender documents specify a later date which, however, may not be later than the date the public contract is entered into.
An authorization must be maintained throughout the contract or subcontract.
Within the scope of application of the second paragraph, a bid submitted by a group of enterprises forming a consortium that is not required to be registered in the enterprise register established under the Act respecting the legal publicity of enterprises (chapter P-44.1) is deemed to be submitted by a consortium taking the juridical form of a legal person established for a private interest, a general partnership or a limited partnership, as the case may be, if the enterprises forming the group have together constituted, since the bid was submitted, such a legal person or such a partnership for the purposes of the call for tenders. The legal person or partnership must then hold an authorization on the date determined under the second paragraph.
2012, c. 25, s. 10; 2022, c. 182022, c. 18, s. 211; 2024, c. 282024, c. 28, s. 911.