Tender Submission Letter (Ghana)

A Tender Submission Letter in Ghana sets out, in writing, the request or notice the sender directs to the recipient.

The Public Procurement Act 2003 (Act 663) is the primary statute governing public procurement in Ghana. The Public Procurement Authority (PPA), established under Section 1 of Act 663, regulates and monitors all public procurement activities in Ghana. Section 44 of Act 663 sets out the requirements for the submission of tenders, including the requirement that tenders be submitted in writing, in sealed envelopes, by the deadline specified in the invitation to tender, and in the form prescribed by the tender documents.

The Public Procurement (Amendment) Act 2016 (Act 914) amended Act 663 to strengthen the PPA's oversight role, introduce electronic procurement (e-GP), and tighten the accountability of procuring entities and suppliers. The PPA operates the Ghana Electronic Procurement System (GHANEPS), an online platform through which eligible suppliers registered with the PPA may submit tenders electronically for contracts above prescribed thresholds. A Tender Submission Letter submitted through GHANEPS must comply with the electronic submission requirements of the Electronic Transactions Act 2008 (Act 772).

The Financial Administration Act 2003 (Act 654) and the Public Financial Management Act 2016 (Act 921) govern the use of public funds in Ghana and require procuring entities to follow the competitive tendering process prescribed by Act 663 before committing public expenditure. The Auditor-General of Ghana — appointed under Article 187 of the Constitution of Ghana 1992 — audits public procurement transactions and reports to Parliament on any irregularities, including non-compliance with Act 663 tendering requirements.

The Ghana Revenue Authority (GRA) requires bidders for government contracts to produce a valid Tax Clearance Certificate before being awarded a contract. A Tender Submission Letter for a government contract in Ghana should confirm that the bidder holds a current Tax Clearance Certificate from the GRA and that its Ghana Revenue Authority Taxpayer Identification Number (TIN) is current.

A Tender Submission Letter that correctly identifies the bidder, references the specific invitation to tender, confirms compliance with bid requirements, states the total bid price, specifies the bid validity period, and is signed by an authorised representative of the bidder provides the procuring entity with the assurance it needs to process the bid in accordance with Act 663. The PPA and its regional offices can advise procuring entities and bidders on the current standard tender documents and procurement thresholds.

The legal framework governing the Tender Submission Letter (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Parties executing a Tender Submission Letter (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Public Procurement Act 2003 (Act 663) sets the foundational requirements.

A Tender Submission Letter in Ghana is needed whenever a company, firm, or individual submits a formal bid in response to an invitation to tender issued by a procuring entity under the Public Procurement Act 2003 (Act 663) or a private sector organisation's internal procurement policy.

A Tender Submission Letter is required when a construction company registered with the Ghana Contractors Association and licensed by the Public Works Department tenders for a government infrastructure contract — such as a road, bridge, school, or hospital — advertised by a government ministry or district assembly under the Public Procurement Act 2003 (Act 663).

A Tender Submission Letter is needed when a technology company registered with the Office of the Registrar of Companies (ORC) under the Companies Act 2019 (Act 992) responds to a Request for Proposals (RFP) issued by a state-owned enterprise or statutory body for the supply of information and communications technology systems, software, or managed services.

A Tender Submission Letter is required when a supplier of goods — such as pharmaceuticals, medical equipment, office supplies, or food items — submits a bid in response to a Request for Quotation (RFQ) or an open international tender issued by a government ministry or the Ghana Health Service.

A Tender Submission Letter is needed when a consultancy firm tenders for a professional services contract — such as legal, engineering, auditing, or management consulting services — under a consultancy selection process conducted by a procuring entity in accordance with the PPA standard request for proposals and the Public Procurement Act 2003 (Act 663).

A Tender Submission Letter is required when a bidder who has pre-qualified under a restricted tendering process as specified in Section 38 of Act 663 submits a full technical and financial proposal in response to the final invitation to tender issued to pre-qualified bidders.

Bidders should submit the Tender Submission Letter together with all required attachments — including the bid bond or tender security, Tax Clearance Certificate from the Ghana Revenue Authority (GRA), company registration certificate, audited accounts, and technical proposal — by the deadline stated in the invitation to tender, because late submissions are rejected under Section 44 of Act 663.

A Tender Submission Letter in Ghana under the Public Procurement Act 2003 (Act 663) must contain the following essential elements.

Bidder Identification: Full legal name of the bidding company or individual, company registration number issued by the Office of the Registrar of Companies (ORC) under the Companies Act 2019 (Act 992), business address, telephone number, email address, and Ghana Revenue Authority Taxpayer Identification Number (TIN). The letter must be signed by a director or authorised representative of the bidder, and the signatory's name and title must be stated.

Procuring Entity and Reference: Full name of the procuring entity (ministry, department, district assembly, or state-owned enterprise), the tender reference number or invitation to tender number as stated in the tender documents, and the description of the goods, works, or services being tendered.

Declaration of Compliance: A declaration that the bidder has read and understood the tender documents, that the bid complies with all requirements of the invitation to tender and the Public Procurement Act 2003 (Act 663), and that the bidder accepts the terms and conditions set out in the tender documents without material deviation.

Bid Price: The total bid price (in Ghana Cedis or in the currency specified by the invitation to tender) for the supply of the goods, execution of the works, or provision of the services described in the technical and financial proposal. The bid price must be consistent with the bill of quantities or schedule of rates submitted with the bid.

Bid Validity: The period (typically 90 days from the bid submission deadline) during which the bidder is bound by the terms of the bid and during which the procuring entity may evaluate bids, request clarifications, and make an award under Section 44 of Act 663.

Tender Security: Confirmation that a valid tender security (bid bond) in the form and amount specified by the invitation to tender — typically issued by a bank licensed by the Bank of Ghana (BoG) or an insurance company licensed by the National Insurance Commission (NIC) — is enclosed with the submission.

Tax Clearance: Confirmation that a current Tax Clearance Certificate issued by the Ghana Revenue Authority (GRA) is enclosed with the submission. Procuring entities under Act 663 are required to verify the tax clearance status of potential awardees before issuing a contract.

Anti-Corruption Declaration: A declaration that the bidder has not offered, given, or agreed to give any person employed by or acting for the procuring entity any gift, commission, or other consideration in connection with the tender, consistent with the anti-corruption provisions of the Public Procurement Act 2003 (Act 663) and the Office of the Special Prosecutor Act 2017 (Act 959).

Contact for Clarifications: Name, telephone number, and email address of the person authorised to respond to any clarification requests from the procuring entity during the evaluation period. Forms-legal.com provides this Tender Submission Letter template as a starting point for bidders tendering for public and private sector contracts in Ghana.

Additional compliance elements for a Tender Submission Letter (Ghana) used in Ghana include: Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.