Mandatory Requirements (M)

In Canadian federal procurement, mandatory requirements are the minimum requirements that a bid must meet to be considered. Public Services and Procurement Canada (PSPC) describes them as criteria assessed on a simple pass/fail basis, with no partial credit and no scoring. They appear in solicitation documents and bid evaluation plans, usually next to point-rated requirements.

A bid that fails any one mandatory requirement is normally declared non-compliant and receives no further consideration. For that reason, the mandatory requirements are the first thing a bid team should read and the last thing it should check before submitting. PSPC sets out the approach in its evaluation criteria guidance.

How pass/fail evaluation works on a mandatory requirement

Evaluators check each mandatory requirement against the evidence in the bid and record whether it is met or not met. The Government of Canada's guidance on bidding confirms this simple pass/fail approach. Mandatory requirements are not point-rated, and PSPC guidance says they must be kept separate from point-rated requirements.

PSPC's procurement-practice review states that a bid failing a mandatory requirement must be disqualified. The Office of the Procurement Ombud review sets out that expectation for contracting officers.

What mandatory requirements typically cover

Mandatory requirements identify the essential capabilities, qualifications, technical features, certifications, security conditions or other conditions needed for successful performance. PSPC lists these examples:

• Licensing
• Essential equipment characteristics
• Personnel qualifications
• Delivery deadlines
• Technical requirements
• Certifications

Solicitations usually express them with imperative words such as "shall," "must" or "will." When you see those words in a requirement, treat it as pass/fail.

Rules buyers follow when setting mandatory requirements

PSPC's procurement-practice review states that contracting officers must ensure mandatory requirements are genuinely essential, clearly specified and not overly restrictive. Once a solicitation closes, PSPC guidance says mandatory requirements must not be changed or relaxed. A deficiency cannot be waived for one bidder after the fact.

Other departments apply the same logic. Indigenous Services Canada's tendering policy reviews proposals against mandatory requirements on a pass/fail basis. Under that policy, missing information, or proposing an alternative to a stated mandatory requirement, makes a proposal non-compliant and ends further consideration. PSPC's task-based professional-services templates likewise require a bid to meet all minimum mandatory criteria for the applicable category before it can be declared responsive.

Related uses of the word "mandatory" in federal procurement

PSPC publishes mandatory environmental criteria for applicable procurement instruments. These include requirements tied to greenhouse-gas disclosure and emissions-reduction targets for major suppliers in procurements over $25 million.

CanadaBuys also uses "mandatory" in a related but distinct sense. Under its guidance on choosing a method of supply, departments and agencies must check whether a mandatory standing offer or supply arrangement exists and use it when it meets the requirement. That rule governs how the buyer purchases. It is separate from the pass/fail criteria a bidder must meet.

What mandatory requirements mean for a supplier

Address every mandatory requirement exactly as the solicitation states it. Provide the required evidence or documentation before the closing time. Do not assume a gap can be corrected, waived or offset by a high score elsewhere, because mandatory requirements are not scored.

• Build a compliance checklist from every "shall," "must" and "will" in the solicitation.
• Do not propose an alternative to a stated requirement.
• Confirm that each item has supporting evidence in the bid.
• Review the checklist again before submission.