Common use of Determination of Responsiveness Clause in Contracts

Determination of Responsiveness. ‌ 31.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the tender itself, as defined in ITT 13. 31.2 A substantially responsive Tender is one that meets the requirements of the Tender document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that, if accepted, would: a) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or b) limit in any substantial way, inconsistent with the tender document, the Procuring Entity's rights or the tenderer's obligations under the proposed contract; or c) if rectified, would unfairly affect the competitive position of other tenderers presenting substantially responsive tenders. 31.3 The Procuring Entity shall examine the technical aspects of the tender submitted in accordance with ITT 18, to confirm that all requirements of Section VII, Works' Requirements have been met without any material deviation, reservation or omission. 31.4 If a tender is not substantially responsive to the requirements of the tender document, it shall be rejected by the Procuring Entity and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

Determination of Responsiveness. ‌ 31.1 29.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the tender thetender itself, as defined in ITT 1311. 31.2 29.2 A substantially responsive Tender is one that meets the requirements of the Tender document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that, if accepted, would: a) affect Affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or b) limit in any substantial way, inconsistent with the tender document, the Procuring Entity's rights or the tenderer's obligations under the proposed contract; or c) if rectified, would unfairly affect the competitive position of other tenderers presenting substantially responsive tenders. 31.3 29.3 The Procuring Entity shall examine the technical aspects of the tender submitted in accordance with ITT 1816, to confirm that all requirements of Section VII, Works' Requirements have been met without any material deviation, reservation or omission. 31.4 29.4 If a tender is not substantially responsive to the requirements of the tender document, it shall be rejected by the Procuring Entity and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.