A common question raised users, contractors, journalists, and transparency activists is:
“Can I get copies of tender bid documents through the RTI Act?”
Public authorities often reject such requests commercial confidence or trade secrets under Section 8(1)(d) of the RTI Act. However, the law is not as restrictive as many assume. A recent decision of the Central Information Commission (CIC) clarifies what parts of a tender file can and cannot be disclosed.
This article explains the legal position, the exemption, and the CIC’s directions using a real RTI case involving the Heavy Water Plant.
Background of the Case
The appellant filed an RTI application with the Heavy Water Plant, seeking:
- Copies of the bid documents
- Submitted particular bidder
- For a specific tender called public authority
The Public Information Officer (PIO) refused to provide the documents, citing Section 8(1)(d) of the RTI Act, which exempts:
Information including commercial confidence, trade secrets, or intellectual property, the disclosure of which would harm the competitive position of a third party.
This exemption is one of the most frequently cited reasons for denying tender-related RTI requests.
CIC’s Observation: Not All Tender Documents Are Confidential
The Central Information Commission made an important clarification:
1. After the tender process is complete, most documents can be disclosed
Once bids are opened and the process is finalized, transparency becomes essential. Disclosure ensures fairness, prevents favoritism, and strengthens public trust.
2. Only documents involving intellectual property of the bidder are protected
Examples of non-disclosable items include:
- Proprietary designs
- Technical formulations
- Trade secrets
- Unique manufacturing methods
These are protected under Section 8(1)(d) because revealing them may harm a bidder’s competitive position.
3. All other documents must normally be disclosed
This includes:
- Bid submission forms
- Price bid summary (unless it affects future competitive positions)
- Eligibility documents
- Compliance certificates
- General technical details
The CIC reaffirmed that the RTI Act favors transparency once tenders are awarded.
CIC’s Direction in This Case
The Commission instructed the PIO to:
- Revisit all the bid documents submitted bidder.
- Identify which parts qualify as intellectual property or commercially sensitive.
- Disclose all remaining documents to the appellant.
- Withhold only those parts that truly fall under Section 8(1)(d).
This ensures a fair balance between transparency and protection of trade secrets.
What This Means for RTI Users
1. You can obtain tender documents through RTI
Especially after the tender process is completed.
2. The PIO cannot reject the entire file under Section 8(1)(d)
Only specific portions that contain:
- Intellectual property
- Trade secrets
- Proprietary information
can be withheld.
3. You can get:
- Bid submission forms
- Qualification documents
- Technical compliance details
- Non-proprietary portions of the technical bid
- Price bid details (depending on circumstances)
4. Public interest can override exemptions
If there is suspicion of:
- Corruption
- Favoritism
- Irregularities
the authority may be required to disclose even more information.
When Can Tender Records Be Denied?
Denial is justified only when:
- The bidder’s competitive position will be harmed
- The information is proprietary
- The tender is still ongoing (i.e., process not completed)
- Disclosure may influence future bidding unfairly
Even then, the PIO must apply the exemption section-wise, not blanket reject the entire file.
Key Takeaway From This CIC Decision
- Transparency is the default rule in tender processes.
- Only intellectual property is protected, not all bidding documents.
- PIOs must carefully separate disclosable and non-disclosable parts.
- RTI applicants have a right to inspect tender records once the tender is over.
Conclusion
The CIC has made it clear that tender documents cannot be broadly withheld under Section 8(1)(d). Once the bidding process is completed, public authorities must disclose most of the records, except those genuinely related to trade secrets or intellectual property.
This ruling is a major step in promoting transparency, fairness, and accountability in public procurement.
