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(ii) limits in any substantial way, inconsistent with the bidding documents, the procuring entity's/authority's rights or the bidder's obligations under the proposed contract; or

(iii) if rectified, shall unfairly affect the competitive position of other bidders presenting responsive Bids.

4.6 Non-material Non-conformities in Bids

(i) The bid evaluation committee may waive any non-

conformities in the Bid that do not constitute a material deviation, reservation or omission, the Bid shall be deemed to be substantially responsive.

23. Change to bidding documents.- (1) In case any modification is made to the bidding documents or any clarification is issued which materially affects the terms contained in the bidding documents, the procuring entity shall publish such modification or clarification in the same manner as the publication of the initial bidding documents.

(2) In case a clarification or modification is issued to the bidding documents, the procuring entity may prior to the last date for submission of bids, extend such time limit in order to allow the bidders sufficient time to take into account the clarification or modification, as the case may be, while submitting their bids.

(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 bidder's 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 documents have been met without any material deviation, reservation or omission.

54. This Court on reading of Rule 59 of the Rules, 2013 finds that the responsive bid should meet the requirements of the bidding documents without material deviation and "deviation" is a departure from the requirements specified in the bidding documents. Material deviation if accepted, should not affect in any substantial way the scope, quality, or performance of the subject matter of procurement. Material deviation if accepted, should not be inconsistent with the bidding documents, the procuring entity's rights or the bidder's obligations under the proposed contract.