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• Signed copy of Statement of Integrity, Eligibility and Social and Environmental Responsibility A ‘NO’ answer to any of the above items will disqualify the Bid/ Bidder.
29.1.2 Evaluation of Technical Package: The Employer will evaluate the technical proposal to determine the technical suitability and acceptability as per Works Requirements -

General Specifications and Technical Specifications of only such Bidders who qualify based on BDS ITB 29.1.1 above. The Technical Proposal as submitted in accordance with BDS ITB Para 11.3.1 (including its relevant sub-paras) shall be evaluated for its conformity with the general and technical requirements as per Par 2, Sections VII-A and VII-B, as well as against the back of the parameters provided in Part1, Annexure IV-C. Furthermore, the adequacy and appropriateness of the Bidder’s responses to the related requirements in Part 1 shall be evaluated. 29.2 A substantially responsive bid is one that meets the requirements of the bidding documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that,

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29.4 Bids which are:
• not fulfilling the General Evaluation Criteria as per ITB 29.1.1 above, • not substantially responsive as per ITB 29.2 above • having material deviation or reservation as per ITB 29.2 above • not fulfilling the qualifying conditions as per ITB 29.2.1 above, and • not fulfilling the Employer’s Requirements – General Specification and Technical Specification as per ITB 29.1.2 above will be deemed non-conforming and shall be rejected by the Employer, and shall not be allowed subsequently to be made responsive by correction or withdrawal of the nonconforming deviation or reservation.
29.5 If any Bid is rejected, pursuant to ITB 29.4 above, the Financial Package of such Bidder shall be returned unopened.
29.6 Bidders may note that pursuant to their qualification in the ‘Initial Filter Evaluation Criteria’ and ‘Technical Evaluation’ as per ITB 29.4 above, in case the Bidder (applies to each individual member in case of a Joint Venture/Consortium) is debarred/blacklisted by Government of India/State Government/Government undertaking after the due date of submission of Bid but before opening of financial package by NMRCL, they shall inform the same to NMRCL in writing within 5 working days of issue of such debarment, failing which it will be considered that the Bidder has willfully concealed the information and the Bidder shall be solely responsible for all implications that may arise in accordance with the conditions of this Bid. Any such debarment will result in disqualification of the Bidder and the Financial Package of such Bidder shall be returned unopened.”

21 (2001) 2 SCC 451 ensure their enforcement lest the rule of law should be a casualty. Relaxation or waiver of a rule or condition, unless so provided under the ITB, by the State or its agencies (the appellant) in favour of one bidder would create justifiable doubts in the minds of other bidders, would impair the rule of transparency and fairness and provide room for manipulation to suit the whims of the State agencies in picking and choosing a bidder for awarding contracts as in the case of distributing bounty or charity. In our view such approach should always be avoided. Where power to relax or waive a rule or a condition exists under the rules, it has to be done strictly in compliance with the rules. We have, therefore, no hesitation in concluding that adherence to the ITB or rules is the best principle to be followed, which is also in the best public interest.