Declaration Forms for Government Tenders in South Africa
Government tender submissions require several mandatory declaration forms. These forms are legal documents and signing them incorrectly — or making false declarations — can result in disqualification, criminal prosecution, and permanent blacklisting from the supplier database. This guide explains each declaration form and how to complete it correctly.
Why Declaration Forms Matter
Declaration forms are part of South Africa's supply chain management framework designed to prevent corruption, conflict of interest, and anti-competitive behaviour in government procurement. They are prescribed by National Treasury and are legally binding once signed.
Under the Prevention and Combating of Corrupt Activities Act (PRECCA) and the Public Finance Management Act (PFMA), false declarations can constitute criminal offences. Directors and authorised signatories should understand what they are signing before completing these forms.
SBD4: Declaration of Interest
SBD4 requires bidders to declare any financial or personal interest in the bid being submitted, and any relationship between company directors/shareholders and officials of the procuring institution. This is a Section 4 of the PFMA requirement.
You must disclose if any director, partner, or shareholder of your company is an employee of the state institution issuing the tender, or a spouse, child, or parent of such an employee. If a relationship exists, it does not automatically disqualify you, but it must be disclosed.
Failure to disclose a known relationship constitutes fraud and can result in the contract being cancelled, monies recovered, and referral to law enforcement authorities.
SBD8: Declaration of Bidder's Past SCM Practices
SBD8 requires bidders to declare whether they (or their directors) have previously been found guilty of improper conduct in any tender process, been blacklisted, or are currently under investigation for such conduct.
You must also declare whether any director has been convicted of fraud, corruption, or breach of trust in relation to any procurement process. All convictions must be disclosed regardless of when they occurred.
A 'yes' answer does not automatically disqualify you, but the procuring institution will investigate. Non-disclosure of known past conduct is itself a ground for disqualification.
SBD9: Certificate of Independent Bid Determination (Anti-Collusion)
SBD9 is an anti-collusion declaration. By signing it, you certify that your bid price was determined independently, without consultation, communication, or agreement with any competitor about prices, market allocation, or bid rigging.
This form directly implements South Africa's Competition Act. Bid rigging is a criminal offence. The Competition Commission actively investigates collusion in government procurement, particularly in construction, pharmaceuticals, and ICT sectors.
If you have communicated with a competitor about any aspect of this bid, you should obtain legal advice before signing SBD9. Signing when collusion has occurred exposes you to criminal liability.
Municipal Equivalent: MBD4, MBD8, MBD9
Municipalities use equivalent forms prefixed 'MBD' (Municipal Bid Document) instead of 'SBD'. The content and purpose are identical to the SBD equivalents but reference the Municipal Finance Management Act (MFMA) rather than the PFMA. Complete these forms with the same diligence as SBD forms.
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Frequently Asked Questions
What happens if I forget to submit a declaration form?
Missing declaration forms are typically grounds for administrative non-compliance disqualification. Some procuring institutions will allow you to provide outstanding documents within a specified period (usually 5–7 working days). However, this depends on the tender conditions — many tenders specify that missing mandatory documents are an automatic disqualification.
Can a family member of a government employee own shares in a bidding company?
It is not automatically prohibited, but it must be declared on SBD4. The procuring institution will then apply its conflict of interest policy. In practice, close family relationships with officials of the same institution issuing the tender often result in disqualification.
Does the anti-collusion declaration apply if I am part of a joint venture?
Yes. JV partners must each complete SBD9. The declaration covers your own independent price determination. JV pricing as part of the JV structure is not considered collusion, but pricing your JV bid to benefit your other solo bids for the same tender would be.
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