No. In J B Leadbitter & Co Ltd v Devon County Council [2009] EWHC 930 (Ch) 124 Con Lr 135 (2009) CILL 2713, it was stated that although there is discretion to accept late submission of a tender, there was no requirement to do so, especially where it resulted from the tenderers’ fault. Proportionality would only apply where the late submission was due to the contracting authority’s fault.