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ARTICLE · 21 MARCH 2023

Tendering: Does Your Bid Contain A Minor Or Major Irregularity?

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You have submitted a bid in response to a public call for tenders, but it does not meet all the conditions of tender. Does this discrepancy constitute a minor irregularity...

CanadaReal Estate and Construction
Joey Suri
Joey Suri
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You have submitted a bid in response to a public call for tenders, but it does not meet all the conditions of tender. Does this discrepancy constitute a minor irregularity or a major one?

In its Jan. 10, 2023 decision in Location Martin-Lalonde Inc. c. Municipalité de Mansfield-et-Pontefract,1 the Superior Court of Quebec applied the Quebec Court of Appeal's criteria from Tapitec c. Ville de Blainville2 ("Tapitec") to determine whether non-compliant aspects of a bid constituted a minor or a major irregularity.

Specifically, the Superior Court had to determine whether the failure to provide a letter guaranteeing the issuance of a performance bond and a labour and material payment bond3 constituted an essential condition of the call for tenders.

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