44.1 During evaluation, the Evaluation Committee, through the Contracting Authority, may at its sole discretion seek written clarifications and/or supplementary information from any Applicant, Shortlisted Bidder or Bidder regarding their Applications, Proposals or Bids (as applicable) through letter and/or email. The Contracting Authority in communicating with the Applicants, Shortlisted Bidders or Bidders may take support of transaction advisers and/or consultants and shall keep the PPP Authority copied in all communications.
44.2 The Applicants, Shortlisted Bidders or Bidders shall respond to the request of the Contracting Authority within the prescribed time and in the manner prescribed in the RFQ, RFP or IFB documents. Any extension to the clarification date shall be at the sole discretion of the Evaluation Committee.
44.3 The Evaluation Committee, with concurrence of the PPP Authority, may waive any minor informality, non-conformity or irregularity in any Application, Proposal or Bid if it does not -
a) constitute any material deviation from the provisions of the RFQ, RFP or IFB (as applicable), and/or any violation under the PPP Act, any policies, rules, regulations, guidance, guidelines or notifications issued thereunder and/or any other applicable laws and regulations; and
b) prejudice or affect the qualification or relative ranking of any other Applicant, Shortlisted Bidder or Bidder, in any way, in the technical and/or financial evaluation.
Where, material deviation means anything that affects in any substantial way the scope, quality, and/or performance of the works and/or which limits in any substantial way the Contracting Authority's rights and/or the Applicant's, Shortlisted Bidders or Bidders obligations. It further refers to anything whose rectification would affect unfairly the competitive position of other Applicants, Shortlisted Bidders or Bidders participating in the bidding process.
Minor informality, non-conformity or irregularity refers to minor and/or insignificant deviations, which do not meaningfully alter or depart from the technical specifications, characteristics and/or commercial terms and conditions and/or other requirements set out in the bid documents. It further refers to errors or oversights, which if corrected, would not alter the key aspects of the bid documents.
44.4 The Evaluation Committee may allow rectification of any bona fide arithmetical errors in the Applications, Proposals or Bids as prescribed in the RFQ, RFP or IFB documents.