Mandatory requirements are requirements that must be met by bidders before they can proceed past a particular point in the procurement process. For the purposes of Orbidder, they can be sorted into three main categories: process requirements, submission requirements, and technical requirements.
1. Process Requirements
Process requirements are criteria that focus on submission deadlines and other formalities, e.g. the requirement to comply with the submission deadline, to deliver a proposal in a specified format, or to sign the submission form. These are built into the tendering templates used by Orbidder and do not require any drafting on your part.
2. Mandatory Submission Requirements and Pre-Conditions of Award
These requirements are additional items specific to the project at hand that must be submitted either at the time of bid submission (Mandatory Submission Requirements) or prior to contract award (Pre-Conditions of Award). These should be added by your drafters on a case-by-case basis. Common examples include proof of insurance and proof of relevant certifications.
3. Mandatory Technical Requirements
Mandatory Technical Requirements are criteria of a technical nature that must be demonstrated before the proposal will be considered further. These should be added by your drafters on a case-by-case basis. They should be capable of easy pass/fail assessment and should be limited in most cases.
Remember that assessment of supplier compliance with mandatory requirements can attract legal challenge, which underscores the need to draft clear eligibility requirements that lend themselves to transparent and defensible evaluation decisions. Given that a duty to reject non-compliant bidders typically applies to a tendering process, purchasing institutions should limit eligibility requirements to essential minimum standards.
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