Mandatory Requirement

A mandatory requirement is a minimum requirement that a bid must satisfy to be considered in a Canadian public procurement. Buyers assess it on a simple pass/fail basis. If a bid fails even one mandatory requirement, it is non-compliant and receives no further consideration.

The term is used mainly in bid evaluation. Mandatory requirements set out the capabilities, qualifications, technical characteristics, certifications or delivery commitments that the buyer considers necessary to perform the work. Public Services and Procurement Canada (PSPC) describes them in its evaluation criteria guidance as the minimum requirements for bids to be considered.

How mandatory requirements are written and assessed

Solicitations express mandatory requirements in imperative language. PSPC guidance names the terms “shall,” “must” and “will.” When you see one of these words attached to a criterion, treat it as a pass/fail test.

Evaluators check each mandatory criterion against the bid. They do not score how well it is met. A bid either demonstrates compliance or it does not, and a failure on any one criterion generally renders the bid non-compliant.

Mandatory requirements versus point-rated requirements

Mandatory requirements differ from point-rated requirements. Compliant bids earn comparative scores on point-rated criteria, so a stronger response earns more points. Mandatory requirements work as a gate: they decide whether a bid is evaluated further, and the point-rated criteria then separate the bids that pass.

Strong performance on rated criteria does not offset a failed mandatory item. The Office of the Procurement Ombudsman states that mandatory requirements cannot be waived later for an otherwise strong bid, as set out in its 2023 procurement practice review.

Examples of mandatory criteria

Federal guidance on bidding on opportunities gives these examples of mandatory criteria:

• accessibility features
• financial stability
• essential equipment characteristics
• service performance specifications

PSPC guidance adds that criteria for professional services can cover licences, personnel qualifications, budget limits, delivery deadlines, technical requirements and certifications.

Standard federal solicitation language works the same way. In a CanadaBuys request for proposals, the bidder must address each mandatory technical criterion and provide supporting documentation. Failing one makes the proposal non-responsive and ends its evaluation.

The same approach appears internationally. A NATO request for proposals states that failure to comply with any listed mandatory requirement may automatically exclude the bidder from evaluation.

Rules buyers must follow

The Office of the Procurement Ombudsman states that mandatory criteria must represent genuinely essential requirements. They must be clearly specified, and failing them results in disqualification. In practice, buyers should keep mandatory requirements to essential elements and should not change or relax them after bid closing.

Do not confuse mandatory requirements with mandatory procurement instruments. CanadaBuys buyer guidance says federal departments and agencies must use a mandatory standing offer or supply arrangement when one exists and meets their requirement. That rule governs how a buyer chooses its method of supply. It is separate from the pass/fail criteria used to evaluate bids.

What it means for a supplier

Read every solicitation for “must,” “shall” and “will,” and build a checklist of each mandatory item before you start writing. Respond to each one exactly as instructed. Where the solicitation asks for evidence, such as certifications, licences or financial information, include it with your bid, and submit everything before the closing time.

Do not assume that relevant experience or an otherwise strong proposal can make up for a missing mandatory item. Federal guidance treats these requirements as stringent, so a single gap can end your evaluation before anyone reads the rest of your bid.