Mandatory Criteria Compliance

Mandatory criteria compliance means meeting every mandatory requirement stated in a solicitation. Canadian procurement guidance treats these requirements as pass/fail conditions. A bid that meets all of them moves on to the next stage of evaluation. A bid that fails even one is non-compliant and is not considered further.

Mandatory criteria are the minimum requirements considered essential to successful performance of the work. Canadian guidance uses the expressions "mandatory criteria" and "mandatory requirements," and the review that checks them is often called a compliance review. The Public Services and Procurement Canada evaluation-criteria template states that mandatory requirements are assessed on a simple pass/fail basis.

How the pass/fail assessment works

Evaluators compare each bid against every mandatory requirement in the solicitation. There is no partial credit. The PSPC template says mandatory requirements identify the minimum requirements for bids, and that they must not be changed or relaxed after bid closing.

The Office of the Procurement Ombud describes mandatory criteria in the same terms. In its procurement practice review, they are requirements that bids must demonstrate to proceed to the next evaluation phase, and failure to meet one results in disqualification.

What mandatory criteria look like in a solicitation

Mandatory criteria are normally written with the words "must," "shall," or "will." Guidance says they must be clearly specified in the solicitation, objective and measurable, and communicated before bid closing.

PSPC identifies several kinds of mandatory requirement:

• licensing
• essential equipment-performance characteristics
• personnel qualifications
• budget limits
• delivery deadlines
• technical requirements
• certifications

Mandatory criteria versus point-rated criteria

Mandatory criteria are different from point-rated criteria. Mandatory criteria are pass/fail, and failure generally disqualifies the bid. Point-rated criteria are scored comparatively and may determine ranking once the mandatory requirements have been satisfied. A strong score on rated criteria cannot make up for a failed mandatory criterion, because a non-compliant bid never reaches that stage.

Where mandatory compliance appears in Canadian and NATO procurement

The concept is used across federal procurement. Indigenous Services Canada's tendering guidance requires each proposal to be reviewed against the mandatory requirements in the call for proposals. Missing information, or proposing an alternative to a mandatory requirement, makes the proposal non-compliant and it is not considered further.

The expression "Mandatory Compliance" can also identify a contractual obligation in federal supply arrangements and contracts, such as compliance with the federal Ineligibility and Suspension Policy and related directives.

NATO procurement documents use the same logic. An Allied Command Transformation solicitation refers to a successful determination of compliance on mandatory criteria, recorded as compliant or non-compliant. NATO conditions of this kind can include NATO-country eligibility, personnel citizenship, facility-security clearances, or specified experience.

What it means for a supplier bidding on Canadian public contracts

Treat every mandatory criterion as a gate. Before you write the bid, do the following:

• Identify every mandatory criterion in the solicitation.
• Provide the exact evidence or documentation requested.
• Satisfy each criterion by the stated closing date.
• Do not substitute an alternative unless the solicitation expressly permits it.
• Check that no mandatory response is omitted, because one gap can end the evaluation of your bid.

Because buyers cannot relax a mandatory requirement after closing, questions about unclear wording should be raised while the solicitation is open.