9. A public body may amend the tender documents by means of an addendum sent to the suppliers concerned. An addendum must contain the information relating to the deadline for filing complaints under section 21.0.4 of the Act or, as the case may be, for filing complaints under section 40 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or for making an application under section 52.1 of that Act. If the amendments to the tender documents result from a decision of the Autorité des marchés publics, the previously mentioned information is replaced by an indication to that effect.
If the amendment is likely to affect the prices, the addendum must be sent at least 7 days before the tender closing time; if that 7-day period cannot be complied with, the closing time must be extended by the number of days needed to ensure compliance with the minimum period.
An amendment made before the complaint filing deadline indicated on the electronic tendering system that modifies the tender closing date defers the complaint filing deadline by a period corresponding to half the time by which the bid submission period is extended.
Subject to the second paragraph, any amendment made 3 days or less before the tender closing date results in a minimum 3-day deferral of that date. However, the deferral must be such as to ensure that the day preceding the new tender closing date is a business day.
Provided that it is specified in the tender documents, a public body may reserve the right to not consider a request for details made by a supplier if the request is sent to the public body less than 3 business days before the tender closing date and time.
O.C. 531-2008, s. 9; O.C. 679-2011, s. 2; 292-2016O.C. 292-2016, s. 71; S.Q. 2017, c. 27, s. 232; S.Q. 2022, c. 18, s. 138.