Mandatory Registrations

Every Invitation for Bids contains a list of required documentation that the bidders should attach to the bidding forms. This documentation is not only required for the positive identification of the company but also serves as a compliance check for the government. This means that public entities only want to do business with companies that comply with government policies and regulations. In this lesson we will discuss the list of mandatory documents as per the act, we further discuss how to obtain these documents and the levies involved.

Mandatory Registrations:

Page 31 of the Public Procurement Act 15 of 2015 prohibits public entities to enter into contract with companies who are not in compliance with the following agencies:

1. Business and Intellectual Property Authority(BIPA)
2. Namibia Revenue Agency (NamRA)
3. Social Security Commission (SSC)
4. Office of the Employment Equity Commissioner and
5. Ministry of Labour, Industrial Relations and Employment Creation(Section 138 of the Labour Act, 2015 and section 50(2)(D) of the Public Procurement Act, 2015)

The Act states the following:

Prohibition of disqualified bidders and suppliers from participation

50. (1) The Board or a public entity must ensure that no disqualified bidder or supplier is permitted to receive a procurement contract or otherwise participate in procurement proceedings.

(2) A bidder or supplier is disqualified from bidding if such bidder or supplier –

(a) is not in good standing with the Receiver of Revenue;

(b) is not in possession of a valid certificate of good standing with the Social Security Commission or, in the case where a company has no employees, a confirmation letter from Social Security Commission;

(c) is not, as required by the Affirmative Action (Employment) Act, 1998 (Act No. 29 of 1998), in possession of –

(i) a valid affirmative action compliance certificate issue under section 41 of that Act;

(ii) an exemption issued under section 42 of that Act; or

(iii) a proof from the Employment Equity Commissioner that the bidder or supplier is not a relevant employer as defined in that Act; or

(d) has not submitted a written undertaking as contemplated in section 138(2) of the Labour Act, 2007.

So according to the details in the Act above the following documents are required before a bidder is allowed to participate in the bidding process:

1. Good standing Certificate from BIPA. Click to view example
2. Good standing certificate from NamRA (Your income tax, import tax, VAT, etc should be filed and up-to date). Click to view example
3. Good standing certificate with Social Security (Your employee contribution and compensation fund should be filed and up-to-date) Click to view example
4. A valid affirmative action compliance certificate Click to view example( or proof that a supplier is not a relevant supplier as per the act. Click to view example
5. Written undertaking as contemplated in section 138(2) of the Labour Act, 2007. Click to view example

Which other very important document do you think a bidder needs to submit for positive identification of the company?

Yes, the company registration documents. This document is used for the positive identification of the bidder as it provides information such as; the company name, name and identity documents of owners/shareholders, description of services/products, location, accounting officer, etc.

Depending on the type of service or product being requested, the industry, and the bidding method used, additional documentation may be requested. Therefore it is vital to acquaint yourself with the basic certifications, qualifications, and regulations within your industry.

The following Documents should always be part of your bid regardless of the industry in which you operate:

• Identity documents of owners. This is for positive identification of the owners and to determine the nationality of bidders in bids reserved for Namibian nationals.
• Appointment of a signatory to commit bidder also known as Power of Attorney. This is a legal document aimed at confirming to the procuring entity that the owners or shareholders of the bidding entity are indeed in agreement with the decision to submit a bid.
  • When you submit a bid you in most cases commit your company to provide the said products/services in the condition and price indicated in the bid. It is therefore in the interest of the owner of the company to be aware of all contractual agreements that employees or co-partners might commit to the company. This document basically says “yes, we have agreed to submit a bid and we have appointed x and y to sign on our behalf. Please click on this link to view and download a template.
  • The document should always be prepared on your letterhead, stamped, and signed by all the shareholders or owners of the company. You are advised to prepare a new document for every submission, however in the cases that the requirements are different please follow the instruction of the buyer. Some buyers also include a template or form to serve the same purpose. So in the case that there is a template or form provided. Please use what is provided to avoid disqualification.

Additional Documents that may be required depending on the industry in which you operate or the type of procurement method used:

• SME certificate for bidding reserved for SMEs
• CV and documentation of staff
• Manufacturers Authorisation
• Regulatory Bodies Registration and Compliance Certificates (e.g. NAMFISA, Law Society of Namibia, Medical Association of Namibia, etc.)
• NPPC- Equitable Economic Empowerment Scorecard for projects reserved for previously disadvantaged bidders.
• NPPC-NEEEF/BEE Confirmation for projects reserved for previously disadvantaged bidders.
• Bid Security
• Performance Guarantee
• Bank Rating
• Insurance
• Product Quality Certifications
• Fitness Certificate
• Licences
• Professional Registrations & Good standing
• Share Certificates
• Reference Letters

Can you think of other documents? List them in the comment section below.