Tender bid clarification may be sought for non-material deficiency when it does not alter qualification criteria or favour a bidder.

The HC held that a bid evaluation committee may seek a missing document to cure a non-material deficiency where the request does not substantively alter qualification information or convert an unqualified bidder into a qualified one. Rule 60(4) was read as barring substantive changes, not permissible clarifications, while Rule 61 authorised waiver of non-material non-conformities and the calling of documents within a reasonable time. On the facts, the shortfall notice for the successful bidder's technical document was issued in a non-selective manner, no special favour was shown, and acceptance of the document was permissible. No illegality or arbitrariness in the tender process was found.

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Issues: Whether the bid evaluation committee acted illegally in calling for a shortfall document from the successful bidder and whether such action violated the bid conditions and Rule 60(4) of the Rajasthan Transparency in Public Procurement Rules, 2013.

Analysis: The bid conditions required filing of the necessary technical documents, including the latest PF inspection report, but the record showed that shortfall notices were issued to all deficient bidders and not selectively to the successful bidder. Rule 60(4) prohibits a substantive change to qualification information or a change that would make an unqualified bidder qualified, but it does not bar a permissible clarification where the deficiency is not shown to alter the substance of the bid. Rule 61 specifically permits waiver of non-material non-conformities and authorises the committee to seek necessary documents within a reasonable period. On the facts, the sought document was treated as a non-material clarification connected with compliance verification and no special favour to the successful bidder was established.

Conclusion: The shortfall notice and acceptance of the document were held to be permissible, and no illegality or arbitrariness in the tender process was found.

Ratio Decidendi: A bid evaluation committee may seek a missing document or clarification for a non-material deficiency where the request does not effect a substantive change in qualification information or the substance of the bid, and such action is protected by the rule permitting waiver and rectification of non-material non-conformities.

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