Online bidding has emerged as the preferred mode for the procurement of tenders across government and public sector undertakings, owing to its inherent attributes of efficiency, accessibility, and transparency. Central to this process are strict submission timelines imposed by the tender-inviting authority, which automatically disallow any bid submissions upon their expiration.
While such timelines preserve the integrity and transparency of the process, ensuring a level playing field and preventing bias, they have increasingly become a source of contention as bidders frequently encounter technical glitches on e-procurement portals, such as system freezing, portal unresponsiveness, or delayed performance, which may prevent them from completing bid submissions despite diligent efforts.
In such instances, the tender-inviting authority often has the discretion to extend the submission deadline. Where such relief is denied, aggrieved bidders regularly approach the Courts for redressal – while Courts continue to uphold strict compliance with timelines to preserve procedural sanctity and bidding discipline, in select instances where certain conditions are met and the tender conditions permit, authorities have been directed to extend deadlines in the interest of fairness and healthy competition. The Courts have generally adopted a balanced approach, differentiating between bona fide technical difficulties and delays arising from bidder negligence or last-minute submissions, and granted relief only where bidders have demonstrated genuine, good-faith efforts and encountered system-related obstacles beyond their control. Broadly speaking, Courts have granted relief where:
- The portal was malfunctioning, as confirmed by the National Informatics Centre (NIC) or official logs.
- The bidder acted diligently and in good faith.
- The bid was substantially complete, and the delay was minimal.
Similarly, Courts have denied relief where:
- The alleged glitches were unsubstantiated or attributable to bidder negligence.
- Bidders attempted last-minute submissions, indicating a lack of preparation.
There have been several notable judgments that illuminate the judicial stance, such as:
- In Adani Global Air Cargo Solutions Pvt Ltd v. Union of India,1 the Petitioner claimed it was unable to submit financial documents due to the website malfunctioning. However, the NIC report found no technical glitch, attributing the issue to an improper logout by the Petitioner. The Court observed that due to the frantic, last-minute attempts of the Petitioner to upload the documents that led to the error, there was little scope for judicial review – the Court merely urged the tendering authority to reconsider the issue for its own commercial interest and noted that the bidder's failure to complete the submission of its bid adversely affects not only the bidder but also the tendering authority, which is deprived of a competing bid.
- In Maharashtra Housing Development Authority v. Shapoorji Pallonji & Company Pvt Ltd,2 the bidder, Shapoorji Pallonji, had uploaded its technical and financial bid at about 12.16 PM on July 27, 2017, on the website of the Maharashtra Housing Development Authority. It claimed that though it had pressed the 'freeze button', it could not get an acknowledgement of the bid submitted. Relying on the affidavit of NIC, the Court found Shapoorji Pallonji's claim to be unreliable as no technical glitches were reported for other bidders, and the bidder failed to react promptly when no acknowledgement was generated. As such, the Court concluded that the bid was not validly submitted and set aside Bombay High Court's direction to give the bidder a second chance.
- InBSN Joshi & Sons Ltd v. Nair Coal Services Ltd,3 the Supreme Court of India observed that if the tender conditions permit relaxation of essential conditions thereof, the tender-inviting authority is free to grant any relaxation for any bona fide reasons and such relaxation shall be applicable to all the bidders.
Steps to ensure smooth submissions
In order to ensure smooth submission, safeguard their bid, as well as uphold the credibility of claims of technical glitches, the following practical steps are vital for bidders:
- Check tender flexibility clauses: Review tender documents for provisions allowing bid submission extensions or rectification of technical errors. Participate in pre-bid meetings to clear out queries regarding extension or what to do if any issues arise while uploading the bids.
- Use compatible systems: Ensure that the hardware, browsers, and internet connections are compliant with the portal's technical specifications. Failure to do so may be construed as bidder negligence and is unlikely to be excused by the Courts.
- Avoid last-minute submissions: Begin uploading bids well before the deadline to allow time to resolve unexpected technical issues. Courts have consistently frowned upon attempts to submit bids made close to the cutoff time.
- Maintain evidence of efforts: Keep records such as screenshots, system logs, error messages, and timestamps of failed upload attempts. These can be pivotal for securing both interim and final relief.
- Report issues immediately: Promptly notify the tender-inviting authority and its technical support team of any glitches. A delay in reporting often weakens the credibility of claims.
Although technical glitches are not uncommon, proving a technical failure in Court remains challenging. Securing interim relief – such as an injunction restraining the authority from proceeding with the tender in the absence of the bidder's submission – though critical, is particularly difficult, as Courts are often reluctant to grant injunctions in infrastructure and public procurement matters, especially where other bidders have faced no such issues. A proactive, well-documented approach is therefore essential, not only to navigate technical hurdles effectively but also to preserve legal remedies in the event of a dispute.
Footnotes
1 2025 SCC OnLine Del 1731
2 2018 (3) SCC 13
3 (2006) 11 SCC 548
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
