d.

Prior to the detailed evaluation, the Owner will determine whether each Bid is of
acceptable quality, is complete and is substantially responsive to the Bidding
Documents. For purposes of this determination, a substantially responsive Bid is one
that conforms to all the terms, conditions and specifications of the Bidding
Documents without material deviations, objections, conditionsor reservations. A
material deviation, objection, conditionality or reservation is one,
1. that affects in any substantial way the scope, quality or performance of the
contract;
2. that limits in any substantial way, inconsistent with the Bidding documents, the
Owner‘s rights or the Successful Bidder‘s obligations under the contract; or
3. whose rectification would unfairly affect the competitive position of other
Bidders who are presenting substantially responsive Bids.
e. If a Bid is not substantially responsive, it will be rejected by the Owner, and may not
subsequently be made responsive by the Bidder by correction of the nonconformity.
The Owner‘s determination of a Bid‘s responsiveness is to be based on the contents
of the Bid itself without recourse to extrinsic evidence.

5.4. Technical Evaluation

a. The Owner will carry out a detailed evaluation of the Technical Sections previously
determined to be substantially responsive in order to determine on a pass/fail basis
whether the technical aspects are in accordance with the requirements set forth in the
Bidding Documents. Bidders acknowledge that, in order to reach such a
determination, the Owner will examine and analyse the technical aspects of each Bid
on the basis of the information supplied by Bidders, taking into account the
completeness, consistency and level of detail of the following factors:
1. with respect to the Design-Build construction plan,
i. the Bidder‘s ability to demonstrate how it will meet the Owner‘s project
objective and requirements, the technical standards and the
Environmental Management Plan;
ii. the soundness of the proposed methodology and approach, and the extent
to which the Design-Build Work plan demonstrates an understanding of
the local conditions and specific Project requirements;
2. with respect to the Operation and Maintenance Work plan,
i. the extent to which the Operations Work plan addresses all of the
Operations Services that are to be provided in accordance with the
Contract;
ii. the soundness of the proposed methodology and approach, and the extent
to which the Operations Work plan demonstrates an understanding of the
local conditions and specific Project requirements; and the Bidder‘s
ability to demonstrate how it will meet the technical standards; and
3. with respect to the Staffing Plan,

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