The Public Body’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself.
A substantially responsive Bid is one that conforms to all the terms, conditions, and specifications of the Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:
(a)If accepted, would,
(i)Affects in any substantial way the scope, quality, or performance of the Works specified in the Contract; or
(ii)Limits in any substantial way, inconsistent with the Bidding Documents, the Public Body’s rights or the Bidder’s obligations under the Contract; or
(b)If rectified would unfairly affect the competitive position of other Bidders presenting substantially responsive Bid.
If a Bid is not substantially responsive to the salient requirements of the Bidding Documents it shall be rejected by the Public Body and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.
Decisions to the effect that a bid is not substantially responsive t must be duly justified in the evaluation minutes.
If only one Bid meets all salient requirements of the Bidding Documents and is not otherwise disqualified, the Public Body may still complete the full evaluation of that Bid and sign contract with that Bidder if the Bid submitted by such Bidder is satisfactory to the Public Body and the price offered by the Bidder is comparable to or less than the market price of the required object of procurement.
