Which identity should be checked?
Start with the buyer's actual tender instructions and the bidder's approved entity records. Keep the legal entity name, relevant registration identifiers, business label and contact name in separate fields. Do not infer a subsidiary or joint venture's identity from its parent's branding.
ASIC's company-types guidance explains that a company is a separate legal entity with its own rights and obligations and can be a party to a contract. That supports checking the actual proposed party. It does not determine the correct bidder or signature method for a specific tender.
Tender Glossary is independent and is not affiliated with ASIC. This worksheet is not legal advice. Entity structure, joint ventures, trusts and signing authority require the bidder's responsible legal and commercial advisers.
Sources: Australian Securities and Investments Commission: Company types and separate legal identity
Which fields belong in a submission identity check?
Use the same controlled basis across the response set. Record a discrepancy without silently changing a signed document or inventing a registration number.
| Record | Evidence | Review question |
|---|---|---|
| Proposed bidder | Approved full entity identity | Which party proposes to contract? |
| Registration | Verified identifiers applicable to that party | Do they belong to the named entity? |
| Business label | Approved business or trading label if used | Does the form also identify the intended party? |
| Tender forms | Actual form names and signature fields | Are the bidder references consistent? |
| Signatory | Actual authorised person and required capacity | Who verifies the authority and signing method? |
| Group or joint venture | Approved participation and identity basis | No parent or member substituted silently |
| Final disposition | Qualified review and corrected version references | Final submitted set matches the approved basis |
What can a familiar brand conceal?
Illustrative example. A fictional electrical bidder uses the public label Demo Power Services. Its approved bid basis identifies a separate fictional company, Example Electrical Projects Pty Ltd. A response cover uses the public label, while a declaration uses a different fictional group entity.
The reviewer records the mismatch and asks the authorised commercial owner to confirm the proposed party and required wording. The names are synthetic, contain no real business identifiers and do not imply a particular company exists.
The review does not determine whether a form is legally valid. It makes inconsistent identity fields visible before the qualified reviewer confirms the final response. A signature image is not a substitute for checking the actual required authority.
What should be retained with the final submission?
Keep the approved entity basis, form review, authority confirmation reference and final submitted versions in the bidder's authorised records. Distribute only information required by the tender process; do not broadly circulate private identity documents as a routine checklist attachment.
Recheck affected forms if the proposed bidder changes during tender preparation. Preserve earlier versions so the response history is clear. The submission identity check is separate from portal receipt verification and from the substantive technical and commercial approval of the offer.
Common questions
What else should the bid team know?
Does a logo prove the contracting party?
No. Use the approved entity identity and applicable records.
May a parent company name be substituted automatically?
No. Obtain the authorised proposed-bidder basis.
Does this checklist establish signature validity?
No. The actual requirements need qualified review.
Primary sources
- Company types and separate legal identityAustralian Securities and Investments Commission