Any public, semi-public or private body that decides to proceed with a call for tenders for the realization of a work or a service must respect the established legal framework and especially the principle that it is the compliant bidder having offered the lowest bid that should normally obtain the contract. Nevertheless, all bidders must be aware that the client retains discretion as to whether or not a bid conforms to the plans and specifications. In particular, the client may award the contract to an adjudicator who does not offer the lowest bid if the bid has minor irregularities relating to incidental and non-essential considerations of the call for tenders, subject to the rules of equal treatment of all. For example, a call for tenders awarding a contract to a contractor who does not have an RBQ license, even though the call for tenders documents explicitly state that the contractor must have one, could be the subject of an annulment action before the Superior Court by the second compliant bidder and would likely be granted.
If you are a contractor who bid on a call for tenders and believe that the contract should have been awarded to you, our experienced lawyers can advise you adequately on the steps to follow.