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State of Rajasthan - Section

Section 56 in Rajasthan Public Procurement Rules, 2012

56. Determination of responsiveness.

(1)The bid evaluation committee's determination of the responsiveness of a bid should be based on the contents of the Bid itself.
(2)A responsive bid is one that meets the requirements of the bidding documents without material deviation, reservation, or omission where: -
(a)"deviation" is a departure from the requirements specified in the bidding documents;
(b)"reservation" is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding documents; and
(c)"Omission" is the failure to submit part or all of the information or documentation required in the bidding documents.
(3)A material deviation, reservation, or omission is one that,
(a)if accepted, would: -
(i)affect in any substantial way the scope, quality, or performance of the subject matter of procurement specified in the bidding documents; or
(ii)limits in any substantial way, inconsistent with the bidding documents, the procuring entity's rights or the bidders obligations under the proposed contract; or
(b)if rectified, would unfairly affect the competitive position of other bidders presenting responsive bids.
(4)The bid evaluation committee shall examine the technical aspects of the bid in particular, to confirm that all requirements of bidding document have been met without any material deviation or reservation.
(5)
(a)Subject to sub-rule (b) of this rule , the procuring entity shall regard a bid as responsive if it conforms to all requirements set out in the solicitation documents.
(b)The procuring entity may regard a bid as responsive even if it contains minor deviations that do not materially alter or depart from the characteristics, terms, conditions and other requirements set out in the bidding documents or if it contains errors or oversights that can be corrected without touching on the substance of the bid. Any such deviations shall be quantified, to the extent possible, and appropriately taken account of in the evaluation of bids.