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State of Rajasthan - Section

Section 59 in Rajasthan Transparency in Public Procurement Rules, 2013

59. Determination of responsiveness.

(1)The bid evaluation committee shall determine the responsiveness of a bid on the basis of biding documents and the provisions of sub-section (2) of section 7.
(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, shall :-
(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, shall 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, reservation or omission.
(5)The procuring entity shall regard a bid as responsive if it conforms to all requirements set out in the bidding documents, or 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.