Tender compliance checklist

Tender compliance checklist: a plain-English, South African guide

To start, here’s the definition you asked for: a Tender compliance checklist is a structured, itemised list of the legal, administrative, and documentary requirements that a bidder must meet before submitting a tender in South Africa. It translates legislation, National Treasury guidance, and entity-specific bid conditions into practical tasks and documents so that your submission is responsive (meets the specs) and compliant (meets the rules)—and therefore eligible to be evaluated on price and preference.

Definition and scope

A complete Tender compliance checklist covers at least: (1) registration and standing (CSD, SARS TCS PIN, COIDA), (2) empowerment (B-BBEE), (3) sector credentials (e.g., CIDB for construction), (4) statutory disclosures and forms (SBD/MBD), (5) municipal status, and (6) bid-specific technical and pricing schedules. It also builds in quality controls—signatures, version control, file naming, and deadline discipline—to avoid “non-responsive” outcomes.

How public tenders work in South Africa (a quick primer)

Most organs of state procure under the Constitution, the Preferential Procurement Policy Framework Act (PPPFA), the Public Finance Management Act (PFMA) or Municipal Finance Management Act (MFMA) with their Supply Chain Management regulations and the National Treasury practice notes/instructions. In practice, this creates three filters you must pass:

1. Eligibility (you’re registered, tax compliant, and not prohibited),

2. Responsiveness (your bid includes every required document, in the right form, fully completed), and

3. Evaluation (price, functionality, and preference—often 80/20 or 90/10).
   A Tender compliance checklist ensures you clear Filters 1 and 2 every time, so your proposal actually gets scored.

Tender compliance checklist: Central Supplier Database registration South Africa (CSD)

Why it matters: Most organs of state verify supplier identity, banking, tax, B-BBEE, and director data via the National Treasury Central Supplier Database registration South Africa. Without an active CSD supplier number, many bids are disqualified.
What to do

1. Register/Confirm your entity on CSD (company/CC/co-op/sole prop).

2. Load banking details (official bank letter or verified account).

3. Ensure directors/members appear correctly (CIPC sync).

4. Match SARS TCS PIN and B-BBEE fields to your current documents.

5. Keep your contact email and cellphone current; many entities use OTPs.
   Pro tip: Export your CSD report PDF and save it in your bid pack. Add it to your Tender compliance checklist so your team can tick it off quickly.

Tender compliance checklist: SARS Tax Compliance Status PIN for tenders

Why it matters: Bids require you to be tax compliant at closing and often through award. The sars tax compliance status pin for tenders lets institutions check your status live.
What to do

1. Get your TCS PIN from SARS eFiling under “Tax Compliance Status”.

2. Ensure all returns (VAT, PAYE, CIT, UIF) are filed and amounts arranged or settled.

3. Add the TCS PIN and your VAT/PAYE numbers to your bid and to your Tender compliance checklist.

4. Calendar a pre-submission status check 48 hours before closing; fix issues immediately.
   Instant disqualifier: A TCS that shows “non-compliant” on the deadline. Build a buffer.

Tender compliance checklist: Letter of Good Standing COIDA requirements

Why it matters: For services involving employees on client premises or construction/repairs, employers must provide proof of coverage under COIDA. The letter of good standing COIDA requirements confirm your Compensation Fund assessment is paid and active.
What to do

1. Ensure you’re registered as an employer with the Compensation Fund (or your mutual association, e.g., Rand Mutual/FAIS relevant).

2. Submit annual ROE (Return of Earnings) and settle assessments.

3. Request a Letter of Good Standing (LoGS) covering the tender period.

4. Add LoGS renewal dates to your Tender compliance checklist so it doesn’t expire mid-bid.
   Tip: If subcontracting, insist on each subcontractor’s LoGS and keep copies in your pack.

Tender compliance checklist: B-BBEE affidavit vs certificate thresholds

Why it matters: The PPPFA regime awards preference points using your B-BBEE status level. Depending on your size and sector, you may submit either a sworn affidavit or a verification certificate. Understanding bbbee affidavit vs certificate thresholds avoids costly mistakes.
Quick rules of thumb

• EMEs (turnover ≤ R10m) generally use a sworn affidavit (or certificate).

• QSEs (R10m–R50m) may require a certificate unless 100% Black-owned (affidavit qualifies).

• Generic (>R50m) require a SANAS-accredited certificate.

• Sector codes may vary (e.g., Construction, ICT, Transport).
  Checklist actions

1. Confirm your turnover bracket and the applicable code.

2. Obtain the correct affidavit/certificate for the year of account.

3. Make sure the deponent signs before a commissioner of oaths and the document is legible.

4. Keep ID copies of signatories where required by the bid.

5. Insert your B-BBEE level consistently across all schedules.
   Common pitfall: Submitting an expired B-BBEE letter or an affidavit with any alterations/erasures. Include a validation step in your Tender compliance checklist.

Tender compliance checklist: CIDB grading requirements contractors

Why it matters: For construction works, public entities must use contractors with appropriate Construction Industry Development Board grades. Knowing cidb grading requirements contractors ensures you’re eligible for the class/value.
What to do

1. Register with CIDB in the proper Class of Works (e.g., CE, GB, ME) and Grade (1–9).

2. Keep contact and shareholding data aligned with CIPC and CSD.

3. Verify the tender’s minimum grade and class; if JV, calculate the combined grade per CIDB rules and submit the JV agreement.

4. Add your Active Status printout to the Tender compliance checklist.
   Pro tip: If your current grade is one level below the requirement, check if potentially emerging provisions apply in the tender—then supply the supporting business plan.

SBD/MBD forms explained South Africa (and how to complete them)

Most national/provincial bids use SBD (Standard Bidding Documents); municipalities use MBD variants. Your sbd forms explained south africa snapshot:

• SBD/MBD 1: Invitation to Bid—complete entity name, registration, contact, and sign.

• SBD/MBD 3.x: Pricing schedule (goods/services). Align with VAT status; check arithmetic; ensure figures match the bill of quantities and the Form of Offer.

• SBD/MBD 4: Declaration of Interest/Relationships (conflicts); declare any past employment of officials or family relations.

• SBD/MBD 6.1/6.2: Preference points claim and local content (where designated). Attach B-BBEE proof and complete Annexure C/D/E for local content if applicable.

• SBD/MBD 8: Declaration of Past SCM Practices, including previous awards and restrictions.

• SBD/MBD 9: Certificate of Independent Bid Determination (no collusion).
  Checklist actions:

1. Use the exact forms issued with the bid, not older templates.

2. Initial each page, sign where indicated, date consistently.

3. Where forms ask for CSD number, TCS PIN, B-BBEE level, copy-paste from your Tender compliance checklist to avoid discrepancies.

4. Keep a second reviewer to spot blanks and mismatches.

Company registration documents for tender and director/beneficial ownership

Bidders must prove legal capacity and authority. Your company registration documents for tender should include:

• CIPC registration certificate (CoR14.3/CK1/Founding docs) and latest disclosure of directors/members.

• Resolution/Power of Attorney authorising the signatory to bind the bidder.

• Share certificates or beneficial ownership registers where requested.

• Joint Venture: a signed JV agreement stating percentage share and lead partner.

• Consortium/Subcontracting: letters of intent, SLA drafts, and the percentage of work allocated.
  Tip: Put these items in a folder called 01_Entity in your Tender compliance checklist file structure.

Municipal rates clearance for tenders and other local compliance

Many municipalities require proof that the bidder (and sometimes its directors) is not in arrears for municipal rates, taxes, or service charges. A current municipal rates clearance for tenders or statement is often mandatory.
Checklist actions

1. Get a recent statement showing no arrears (within 30–90 days per bid).

2. If you rent, obtain a landlord confirmation that accounts are up to date.

3. For directors living in other areas, gather individual municipal confirmations if required.

4. For municipal bids, check for business licence, trading permit, or health permits where relevant (e.g., food services).
   Pitfall: Submitting a statement that is older than the specified window.

Common pitfalls and instant disqualifiers

Add these to a red-flag box in your Tender compliance checklist so your team checks them every time:

• Late submission—even one minute late.

• Unsigned forms (SBD/MBD, JV agreement, resolutions).

• Mathematical errors on pricing schedules without initialled corrections.

• Non-compliant TCS or expired LoGS/B-BBEE proofs at the deadline.

• Wrong CIDB grade/class or no active status at closing.

• Failure to meet compulsory briefing/site meeting or pre-qualification criteria (e.g., minimum B-BBEE level where lawfully set).

• Missing returnables listed as mandatory in the checklist of the bid.

• Tampering/erasures on affidavits; misrepresentations or undeclared subcontracting; bid collusion.

• No proof of company banking or identity where requested.

Step-by-step timeline and file labelling system

A time-boxed approach makes compliance routine:
T-15 to T-10 working days

• Read the Conditions of Bid and the returnables list—convert it into your internal Tender compliance checklist with owner and due date.

• Allocate workstream leads: admin/legal pack; pricing; technical; subcontracting/JV; site attendance.

• Pull your CSD report, SARS TCS PIN, B-BBEE proof, COIDA LoGS, CIDB printout.
  T-9 to T-6

• Draft and review all SBD/MBD forms; create signature packs with sticky tabs.

• Finalise technical method, resource plans, and mandatory experience proofs.
  T-5 to T-3

• Second reviewer checks every item on the Tender compliance checklist.

• Validate maths and VAT. Verify TCS still compliant and CSD active.
  T-2 to T-1

• Print/compile hard copies if required; paginate and index.

• Prepare USB/electronic packs per the bid’s naming conventions.
  T-0 (Submission day)

• Re-check signatures, dates, seals (if required), and packaging.

• Arrive early; obtain a stamped receipt or a digital confirmation.
  File structure (example for electronic submission)

FAQ: Tender compliance checklist — your top questions answered

1) What is the single most important item on a Tender compliance checklist?
There isn’t just one: CSD registration, a valid SARS TCS PIN, and fully completed SBD/MBD forms are the trio most commonly checked first. If any of these fail, the rest of your bid won’t be scored.

2) Do I need to be on the CSD to bid?
Almost always yes. The central supplier database registration South Africa record allows organs of state to verify your identity, banking, tax, and B-BBEE status quickly. Some entities will reject bids without an active CSD number.

3) My taxes are under arrangement—can I still submit?
Yes, if SARS shows your tax status as compliant through the sars tax compliance status pin for tenders (arrangement in place). Always check this 48 hours before closing.

4) When is a COIDA Letter of Good Standing required?
Any contract placing employees on a client site (repairs, maintenance, construction, security, cleaning) typically requires it. The letter of good standing COIDA requirements confirm your assessment is up to date for the period of performance.

5) Affidavit or certificate for B-BBEE—how do I decide?
Use the bbbee affidavit vs certificate thresholds: EMEs (≤R10m) usually affidavit; QSEs often certificate unless 100% Black-owned; Generics certificate. Sector codes can alter thresholds—always check the applicable Code.

6) How do JVs handle B-BBEE and CIDB?
For B-BBEE, follow the bid’s JV rules—some allow an averaging formula or the lead partner’s level. For cidb grading requirements contractors, use the CIDB’s formula to compute combined capacity and attach the signed JV agreement.

7) What SBD/MBD forms cause the most rejections?
SBD/MBD 1, 4, 6.1 and 9—because they require signatures, dates, conflict declarations, and preference claims. Our sbd forms explained south africa guidance: use the exact templates, initial every page, and double-check that the preference points claim matches your B-BBEE proof.

8) What municipal documents are usually required?
A municipal rates clearance for tenders or statement showing no arrears, dated within the period specified in the bid (e.g., 30 days). Where bidders rent, a landlord letter may be requested.

9) Which company documents must I include?
At a minimum: CIPC registration, latest director/member disclosure, authorising resolution, and the precise legal name matching your CSD and SARS records. See our company registration documents for tender list above.

10) Can I correct a pricing mistake after submission?
No. Bids close at a fixed time and may not be altered afterwards. If your pricing schedule or Form of Offer is wrong, it usually stands. Use your Tender compliance checklist to institute a maths review and VAT check before submission.

11) Are tender briefing sessions compulsory?
If marked “compulsory”, yes. Non-attendance is typically an instant disqualifier. Keep the attendance certificate in your 00_Admin folder.

12) What if my B-BBEE affidavit expires during evaluation?
Most entities require validity at closing; some require it to remain valid through award. Track expiry dates on your Tender compliance checklist, and refresh documents proactively.

References (South African legal authorities)

The above references are included so you understand where each item on the Tender compliance checklist comes from and why evaluators insist on it.

Useful Links

• SARS – Tax Compliance Status (TCS) PIN: Guidance on generating and sharing your PIN; essential for proving tax compliance in tenders.

• National Treasury – Central Supplier Database (CSD): Official portal to register and maintain supplier details used by organs of state.

• CIDB – Contractor Registration: Explains classes of works, grading rules, and how to register or update your CIDB profile.

If you would like to know more about Employment Contracts click here

If you would like to know more about municipal disputes click here

If your query is about how to amend a contract click here.

If you would like to know more about suspension conditions and the effect they have on the termination of contracts click here.

If you would like to know more about specific performance as an alternative to cancellation click here.

If you would like to know more about the effect of estoppel when dealing with cancellations click here.

If you would like to know more about the inter-play between novation and cancellation click here.

If you would like a more in-depth article about the cancellation of contracts click here.  

If you would like to know more about retention amounts in contracts, click here

If you would like to know more about challenging pay when paid clauses, click here.

If you would like to know more about completion certificates, click here. 

If you would like to know more about when completion certificates can be withheld, click here. 

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for errors, omissions, loss, or damage arising from reliance upon any information herein. Don’t hesitate to contact Meyer and Partners Attorneys Incorporated if you require further information or specific and detailed advice. Errors and omissions excepted (E&OE).

Meyer and Partners Attorneys have offices in Centurion and can assist with all of your Family Law, Civil Law, Contractual, and labour-related matters.