(1) All submitted bids other than those separated for non-
procession pursuant to Section 24, shall be included for evaluation.
(2) Where a bid is found containing minor deviations in the matters such
as the technical specifications, descriptions and characteristics etc. so as not to
reject the bid, the value of such deviations shall be quantified, to the extent
possible, and included in the evaluation of bids pursuant to Sub-section (1).
(3) Where the value of minor deviations under Sub-section (2) exceeds
fifteen percent of the bid price of the bidder, such a bid shall be deemed to be
substantially non-responsive; and shall be excluded from evaluation.
Explanation: For the purposes of this Section, the words “minor
deviations” mean such deviations that do not materially depart from the matters
such as the technical specifications and descriptions as set forth in the bidding
documents.
(4) Where invitation to bid has been made after determination of
prequalification, the bids submitted by the bidder other than the pre-qualified
bidders shall be excluded from evaluation under Sub-section (1).
(5) Bid shall be evaluated in accordance with the criteria and
methodology set forth in the bidding documents; and in carrying out such
evaluation, the bid with the lowest bid price shall be determined by making
comparison of the evaluated price of every bid with the evaluated price of the
other bids.
(6) The qualifications of the bidder of the bid having the lowest bid
price under Sub-section (4) shall be verified in order to ascertain whether it
conforms to the qualification criteria set forth in the bidding documents or not.
(7) Where on examination, the qualification of the bidder of the bid
having the lowest bid price pursuant to Sub-section (4) is in conformity with the
qualification evaluation criteria set forth in the bidding documents under Sub-
section (5), such bid shall be the lowest evaluated substantively responsive bid.
Where, on examination, the qualification of such bidder is found not to be in
conformity with the qualification as evaluation criteria set forth in the bidding
documents, such bid shall be excluded from evaluation; and the qualification of
the next bidder having the next lowest bid price shall be examined on the same
grounds respectively.
(8) The evaluation committee shall prepare an evaluation report stating,
inter alia, the criteria and methodology of evaluation of the lowest evaluated
substantially responsive bid pursuant to Sub-section (6) and submit the report to
the Public Entity.