What makes a problem material?
A bid is substantially responsive when it meets the requirements without a material deviation, reservation or omission. The document gives three tests for material (ITB 30).
- Accepting it would substantially affect the scope, quality or performance of the works.
- Accepting it would substantially limit the employer's rights or your obligations under the contract.
- Fixing it would unfairly affect other bidders who did comply.
What are common examples?
These cases are stated in the same document.
| Problem | What the document says | Clause |
|---|---|---|
| No bid security or declaration, or a defective one | The bid is rejected as non-responsive | ITB 19 |
| Price information in the Technical Part | The bid is declared non-responsive | ITB 11 |
| Your own conditions added to the contract | A material reservation gets the bid rejected | ITB 28 and 30 |
| A late bid | Late bids are rejected | ITB 23 |
| You refuse an arithmetic correction | The bid is rejected | ITB 35 |
Can a small mistake be fixed?
Sometimes it can. If your bid is substantially responsive, the employer may waive a nonmaterial nonconformity (ITB 29).
The employer may also ask you for missing information or documents within a reasonable time. That request cannot relate to any aspect of your price. Do not rely on it, because the choice belongs to the employer.
How do you avoid it?
Most of this work is careful checking. See why tenders are rejected for more.
- 1Read the Instructions to Bidders with the Bid Data Sheet.
- 2List every required document, form, signature and format.
- 3Read every addendum, and update your list.
- 4Check the bid security amount, currency, validity and wording.
- 5Remove any condition you added to the buyer's terms.
- 6Ask a second person to check the package against your list.
How can Bidligence help?
Bidligence records the criteria, mandatory documents and bid security when it reads the tender. Its Submission Guard then builds a checklist and audits the package. When a tender states two envelopes, it keeps the price out of the technical part. It helps you find gaps, but your team must make the final check.
Questions
- Is non-responsive the same as non-compliant?
- People often use them for the same idea. The exact meaning comes from your tender's own words.
- Do I lose my bid security if my bid is non-responsive?
- Not on that ground alone in this document. It lists withdrawing your bid during validity. It also lists a winner failing to sign or to give the performance security (ITB 19).
- Can I complain if my bid was rejected?
- Often, but deadlines are short. See how to challenge a tender award.
Sources
Rules and portals change. Check the tender’s own documents and the official source before you rely on any of this.