discretion, ask any Bidder for a clarification of its bid given a reasonable time for a response. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employer’s request for clarification and the response shall be in writing. No change, including any voluntary increase or decrease in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids, in accordance with ITB 31. If a Bidder does not provide clarifications of its bid by the date and time set in the Employer’s request for clarification, its bid may be rejected. During the evaluation of bids, the following definitions apply: Deviations, Reservations, (a) is a departure from the requirements specified in “Deviation” and Omissions the Bidding Document; (b) is the setting of limiting conditions or “Reservation” withholding from complete acceptance of the requirements specified in the Bidding Document; and (c) is the failure to submit part or all of the “Omission” information or documentation required in the Bidding Document. The Employer’s determination of a responsiveness is to be Determination of bid’s Responsiveness based on the contents of the bid itself, as defined in ITB11. A substantially responsive bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that, (a) if accepted, would: (i) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or (ii) limit in any substantial way, inconsistent with the Bidding Document, the rights or the Employer’s obligations under the proposed Contract; or Bidder’s (b) if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids. The Employer shall examine the technical aspects of the bid submitted in accordance with ITB 16, Technical Proposal, in
discretion, ask any Bidder for a clarification of its bid given a reasonable time for a response. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employer’s request for clarification and the response shall be in writing. No change, including any voluntary increase or decrease in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids, in accordance with ITB 31. If a Bidder does not provide clarifications of its bid by the date and time set in the Employer’s request for clarification, its bid may be rejected. Deviations, Reservations, and Omissions During the evaluation of bids, the following definitions apply: (a) “Deviation” is a departure from the requirements specified in the Bidding Document; (b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and (c) “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document. Determination of Responsiveness The Employer’s determination of a bid’s responsiveness is to be based on the contents of the bid itself, as defined in ITB11. A substantially responsive bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that, (a) if accepted, would: (i) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or (ii) limit in any substantial way, inconsistent with the Bidding Document, the Employer’s rights or the Bidder’s obligations under the proposed Contract; or (b) if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids. The Employer shall examine the technical aspects of the bid submitted in accordance with ITB 16, Technical Proposal, in