{"id":86592,"date":"2021-06-21T10:26:11","date_gmt":"2021-06-21T14:26:11","guid":{"rendered":"https:\/\/formationconstruction.com\/uncategorized\/submissions-respond-to-calls-for-tenders-with-the-appropriate-rbq-license-subcategories\/"},"modified":"2023-08-22T15:03:01","modified_gmt":"2023-08-22T20:03:01","slug":"submissions-respond-to-calls-for-tenders-with-the-appropriate-rbq-license-subcategories","status":"publish","type":"post","link":"https:\/\/formationconstruction.com\/en\/articles\/submissions-respond-to-calls-for-tenders-with-the-appropriate-rbq-license-subcategories\/","title":{"rendered":"Submissions – Respond to calls for tenders with the appropriate RBQ license subclasses"},"content":{"rendered":"
\n

Contractors, when you bid in response to a call for tenders, you must ensure that you have all the categories of license necessary to carry out the contract.<\/p><\/blockquote>\n

 <\/p>\n

If you do not have the appropriate subclasses for the targeted work, your submission may be validly rejected by the client.<\/p>\n<\/div>\n

You must hold all the licenses necessary to perform a contract before submitting a bid, even if you intend to subcontract some work.<\/p>\n

The client does not have the obligation to indicate in his call for tenders which are the precise licenses that you must\u00a0 hold and it is your responsibility to ensure that you hold the required license (s).<\/p>\n

\n

This principle was reiterated by the Superior Court in the decision\u00a0PE Pageau inc. vs. Quebec Society of Outdoor Establishments .<\/span><\/em><\/p>\n

 <\/p>\n

Short story<\/h3>\n

In February 2017, the Soci\u00e9t\u00e9 des establishments de plein air du Qu\u00e9bec (\u201cS\u00e9paq\u201d) launched a call for tenders for the redevelopment of the entrance routes to Parc de la Chute-Montmorency.<\/p>\n

The planned works also include the construction of three buildings for the new gatehouses.<\/p>\n

In response, PE Pageau inc. (\u201cPageau\u201d) submits the lowest bid.<\/p>\n

However, S\u00e9paq withdraws the tender on the grounds that the latter does not hold one or the other of the two licenses required for the construction of the proposed buildings, either the license of subclass 1.2 (Contractor in small buildings) or that of subclass 1.3 (Building contractor of all kinds).<\/p>\n

PE Pageau inc. retorts that its subclass license\u00a0 1.4 (Road and pipeline contractor) authorizes him to carry out all the work provided for in the call for tenders, since the building construction work constitutes work “similar or related” to those for which he holds a qualification. . PE Pageau inc. specifies that its intention is, in any case, to outsource the construction of these three buildings to a licensed contractor\u00a0 1.2 or 1.3.<\/p>\n

PE Pageau inc.\u00a0 believes that the contract should have been awarded to him and is therefore claiming from S\u00e9paq the profit it would have made if its bid had been accepted.<\/p>\n

 <\/p>\n

decision<\/h5>\n

The court concludes that S\u00e9paq was right to refuse PE Pageau inc’s bid.\u00a0 since the license\u00a0 1.2 or 1.3 was mandatory for the execution of the work, in addition to the license\u00a0 1.4 owned by PE Pageau inc.<\/p>\n

In the court’s opinion, a contractor who does not have the appropriate license at the time of the submission of his tender does not have the legal capacity to enter into the contract which is the subject of the tender. It is moreover impossible to remedy this irregularity.<\/p>\n

In addition, the court rejected the argument of PE Pageau inc. \u00a0\u00a0requiring that building construction work be “similar or related” to work covered by the license\u00a0 1.4, namely works relating to roads and public thoroughfares, sewers, aqueducts, pipelines, railway works and tunnels.<\/p>\n

According to the court, works are not related<\/strong> simply because their performance is required under the terms of the contract between the contractor and the client. Indeed, related works are those that are underlying the main works<\/strong> or, at least, which are required to ensure or increase their functionality, quality or durability.<\/p>\n

The court also rejected the argument of PE Pageau inc. \u00a0\u00a0that the contract should have been awarded to him since he intended to outsource the construction of the buildings to a licensed subcontractor\u00a0 1.2 or 1.3.<\/p>\n

In the court’s opinion, the licensed contractor is only allowed to have construction work carried out.\u00a0 included in its own license subclass. Thus, barring exceptions, a general contractor cannot subcontract any kind of construction work, but only those for which he holds a license.<\/strong><\/p>\n

In fact, a general contractor who subcontracts work that he is not himself authorized to organize, coordinate or perform under his license would not have the necessary knowledge to ensure that he is their quality.<\/p>\n

 <\/p>\n

 <\/p>\n<\/div>\n

\n

Reminder of existing RBQ license subclasses<\/h3>\n

Annex 3<\/h5>\n

2.5 Excavation and earthworks
\n<\/a>2.7 Site works
\n<\/a>3.2 Small concrete structures
\n<\/a>4.2 Masonry work no\u00a0 structural, marble and\u00a0 ceramic
\n<\/a>5.2 Metal structures
\n<\/a>6.2 Wood and plastic work
\n<\/a>7. Insulation, waterproofing,\u00a0 covers and upholstery\u00a0 outside
\n<\/a>8. Doors and windows
\n<\/a>9. Finishing work
\n<\/a>11.2 Equipment and products\u00a0 specials
\n<\/a>12. Cabinets and machined counters
\n<\/a>13.5 Special installations or\u00a0 prefabricated
\n<\/a>17.2 Intercommunication,\u00a0 telephony and surveillance<\/a><\/p>\n

 <\/p>\n

Annex 2<\/h5>\n

2.1 Drilled wells
\n<\/a> 2.2 Non-drilled water catchment structures
\n<\/a> 2.3 Groundwater pumping systems
\n<\/a> 2.4 On-site sanitation systems
\n<\/a> 2.6 Piles and special foundations<\/a>
\n<\/a>2.8 Jumping
\n<\/a> 3.1 Concrete structures<\/a>
\n<\/a>4.1 Masonry structures<\/a>
\n<\/a>5.1 Metal structures and precast concrete elements<\/a>
\n<\/a>6.1 Timber frames<\/a>
\n<\/a>10. Localized heating systems at\u00a0 solid fuel
\n<\/a>11.1 Industrial or institutional piping under pressure
\n<\/a>13.1 Lightning protection
\n<\/a>13.2 Fire alarm systems
\n<\/a>13.3 Fire extinguishing systems
\n<\/a>13.4 Localized fire extinguishing systems
\n<\/a>14.1 Lifts and freight elevators
\n<\/a>14.2 Lifts for disabled people
\n<\/a>14.3 Other types of lifting devices
\n<\/a>15.1 Forced air heating systems
\n<\/a>15.1.1 Forced air heating systems for certain jobs which are not reserved exclusively for master mechanics in\u00a0 piping<\/a>
\n<\/a>15.2 Natural gas burner systems<\/a>
\n<\/a>15.2.1 Natural gas burner systems<\/a>\u00a0 not reserved for master pipe-mechanics
\n<\/a>15.3 Oil burner systems
\n<\/a>15.3.1 Oil burner systems for certain jobs which are not reserved exclusively for master mechanics in\u00a0 piping
\n<\/a>15.4 Hydronic heating systems<\/a>\u00a0 (Hot water and steam heating)
\n<\/a>15.4.1 Hydronic heating systems for certain works which are not reserved exclusively for master mechanics in\u00a0 piping
\n<\/a>15.5 Plumbing
\n<\/a>15.5.1 Plumbing for certain work that is not reserved exclusively for master pipe-mechanics
\n<\/a>15.6 Propane
\n<\/a>15.7 Residential ventilation
\n<\/a>15.8 Ventilation
\n<\/a>15.9 Small systems of\u00a0 refrigeration
\n<\/a>15.10 Refrigeration
\n<\/a>16 Electricity
\n<\/a>17.1 Instrumentation, control and regulation<\/a><\/p>\n

 <\/p>\n

Annex 1<\/h5>\n

1.2 Small building contractor
\n<\/span><\/a> 1.3 Building contractor of all kinds
\n<\/span><\/a> 1.4 Roads and pipeline
\n<\/span><\/a> 1.5 Structures of\u00a0 Civil engineering<\/a><\/span>
\n<\/span>1.6 Submerged civil engineering structures<\/a><\/span>
\n<\/span>1.7 Telecommunications, transport, transformation and distribution of electrical energy<\/a>
\n<\/span> 1.8 Installation of petroleum equipment<\/a><\/span>
\n<\/span>1.9\u00a0 Building mechanic<\/a><\/span>
\n<\/span>1.10 Ski lifts<\/a><\/span><\/p>\n<\/div>\n

 <\/p>\n

 <\/p>\n

ABOUT US<\/strong><\/h4>\n

Founded in 2000, Formation Construction is the largest provider of preparatory training for passing RBQ exams in Canada.<\/p>\n

Thousands of entrepreneurs – from various industries – have taken a course at Formation Construction.<\/p>\n

Our 100% online courses are designed by leading specialists in the construction industry.<\/p>\n

Throughout your study, the trainers are available to help you, answer your questions and monitor your progress 24\/7.<\/p>\n

We help you to put together your compliant file, which should be sent to the RBQ.<\/p>\n

At each stage of your project, you get\u00a0 advice from expert professionals to help you ask yourself the right questions and provide you with the essential tools to ensure you start a lucrative business.<\/p>\n

You are oriented on the insurance and mandatory guarantees related to your entrepreneur’s license and have access to a panel of services essential to your business launch.<\/p>\n

 <\/p>\n

Contact us: 1 866 626-8055<\/p>\n","protected":false},"excerpt":{"rendered":"

Contractors, when you bid in response to a call for tenders, you must ensure that you have all the categories of license necessary to carry out the contract.   If you do not have the appropriate subclasses for the targeted work, your submission may be validly rejected by the client. You must hold all the licenses necessary to perform a …<\/p>\n","protected":false},"author":1,"featured_media":85917,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_vibebp_attr":"","_vibebp_dimensions":"","_vibebp_responsive_height":"","_vibebp_accordion_ie_support":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0},"categories":[229],"tags":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t