Electronic bid submission within tender time: transmission completed when data entered the designated computer resource before the deadline.

Electronic bid submission was treated as complete when the bid data entered the addressee's designated computer resource before the tender deadline and moved beyond the bidder's control. Forensic reports showed the last file was uploaded on the respondent's portal before 14:00 hours, and the petitioner's server reflected immediate follow-on activity, supporting timely transmission under the rule on dispatch and receipt of electronic records. The absence of a matching server log on the respondent's side did not undo an already completed electronic submission. The bidder was entitled to be treated as having submitted a valid bid within time.

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Issues: Whether the petitioner's bid was submitted within the tender deadline and, if so, whether it was entitled to be considered in the bidding process.

Analysis: The tender permitted submission only through the e-procurement system before the system time reached the deadline. The forensic reports showed that the last file was uploaded and reflected in the respondent's portal before 14:00 hours, that the petitioner's server recorded two further activities immediately thereafter, and that the bid data had entered the respondent's designated computer resource before the cut-off time. Applying the statutory rule governing dispatch and receipt of electronic records, the relevant point was when the electronic record entered the addressee's designated computer resource and moved beyond the originator's control. The absence of a corresponding server log on the respondent's side did not negate the transmission already completed by the petitioner.

Conclusion: The bid was held to have been submitted within time and the petitioner was entitled to be treated as a valid bidder.

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