What is a
mandatory requirement
Also known as: minimum requirement, absolute requirement
A mandatory requirement is a non-negotiable condition in a requirements specification that every tender must satisfy. In EU/EEA procurement, these requirements set the baseline for compliance — any bid that fails to meet a mandatory requirement will normally be rejected outright.
How do mandatory requirements work?
Under EU Directive 2014/24/EU, contracting authorities set out mandatory requirements in the tender documents as part of the technical specifications. These must be clearly identified so that all tenderers understand which conditions are absolute and which are merely desirable.
The distinction is critical because deviations from mandatory requirements are typically treated as material deviations, triggering a duty to reject the non-compliant tender. In contrast, deviations from non-mandatory requirements are assessed on a case-by-case basis and may be accepted if not considered significant.
In procedures that allow negotiation, such as the competitive procedure with negotiation, contracting authorities may negotiate many aspects of a tender — but mandatory requirements remain off the table.
Why are mandatory requirements important?
- Legal compliance: Tenders that deviate from mandatory requirements must generally be rejected, ensuring a level playing field for all participants.
- Predictability: Clearly labelled mandatory requirements let suppliers know exactly what is non-negotiable before investing time in preparing a bid.
- Proportionality: Contracting authorities should limit mandatory requirements to what is truly essential for the procurement. Overuse narrows competition and increases the risk of rejection of otherwise strong tenders.
Tools like Cobrief help suppliers quickly identify mandatory requirements across procurement documents, ensuring that bids are fully compliant before submission.
Mandatory requirements are the foundation of a fair tender process. When clearly defined, they protect both buyers and suppliers by establishing unambiguous ground rules. When poorly drafted, they can lead to costly disputes and the unintended exclusion of qualified tenderers.