Check tender eligibility requirements
A missing requirement may disqualify you, lower your score or need to be met later. Check its source and deadline in the complete buyer documents.
First find out what the missing requirement does.
For a procurement under the Procurement Act 2023, a condition of participation tests the supplier's legal and financial capacity or technical ability. An award criterion assesses the tender. Either can have a pass/fail consequence if the published procedure says so. A delivery requirement describes what the winning supplier must provide. The notice and associated tender documents should tell you how and when each is assessed.
If the wording or timing could change your decision, ask the buyer through the procurement's stated clarification route before its question deadline. Do not assume that a missing certificate is always fatal, or that a good score can cure a mandatory gap.
Four checks for common disqualifiers.
| What you found | What to check | Decision signal |
|---|---|---|
| Supplier condition of participation | The tender notice, any supporting schedule, assessment stage, required proof and whether another supplier's capacity may be relied on. | Stop if a required condition cannot be met by the stated stage. Clarify an uncertain equivalent or later deadline. |
| Award criterion | The published weighting and assessment method, including any pass/fail threshold. | A weak answer may score poorly. A published pass/fail threshold can stop the tender. |
| Delivery obligation | The specification and contract: what must be delivered, from when, and with whose resources. | Do not bid on a promise your firm and committed partners cannot fulfil. |
| Unclear requirement | The exact clause, other pack documents, amendment notices and the buyer's clarification process. | Record the uncertainty. Ask before the question deadline; do not silently treat it as a pass. |
Cabinet Office guidance explains the distinction between conditions of participation and award criteria. Check the published assessment method for the procurement in front of you.
Worked example: an IT support tender that looks like a fit.
Fictional example: a small managed IT supplier finds a council support contract. The example clauses and document references below are invented to show the review method. They are not terms from a live tender.
| Example requirement and location | Supplier's position | Decision |
|---|---|---|
| Two comparable service contracts Example tender notice, conditions of participation; detail in example selection schedule, section 2. |
One comparable council contract and one private-sector contract. The schedule does not define “comparable”. | Clarify. Ask whether the second example meets the published condition. Do not count it as accepted without the buyer's answer. |
| Round-the-clock incident response from service start Example service specification, section 4. |
The firm currently covers weekdays and has no committed partner for nights or weekends. | Do not bid on current evidence. A relevant service title cannot compensate for a delivery promise the team cannot meet. |
| Contract insurance at commencement Example contract schedule, section 7. |
The firm has lower cover and a written broker quotation for an increase. | Check the timing and proof. For Act-covered procurements, a condition cannot require contract-performance insurance to be in place before award. The buyer may ask for evidence that cover will be in place for commencement. |
| Service method statement Example evaluation schedule, section 3. |
The firm has a documented approach and relevant delivery proof. | Score the answer. Check the published award criteria and any pass/fail rule. This does not remove the unresolved supplier and delivery gaps above. |
Decision on the example: do not bid yet.
The unsupported round-the-clock service is the blocker. If the supplier secures credible coverage, it can ask the buyer about the comparable-contract condition and confirm the insurance evidence and timing. The buyer's published documents and answers control the decision.
Keep a short record for each real requirement.
Use one row per possible blocker. Record the source before deciding whether the gap is fatal, fixable or only affects the score. This is a review aid, not a substitute for the complete tender pack.
| Requirement | Official document and section | When it must be met | Evidence or gap | Action and owner |
|---|---|---|---|---|
| Exact wording | Notice URL, pack title/version, page or clause | Submission, assessment, award or commencement | Named document, person or unanswered question | Proceed, clarify or no bid; who will check |
Read any amendment before the final decision. If the buyer's answer changes a requirement, update the row and keep the new document version.
Check the legal regime and the route.
The Procurement Act 2023 also has formal exclusion and debarment rules. A weak scored answer and an undeliverable service promise are different issues. Read the official exclusions guidance where a formal ground may apply.
This is a practical review aid, not legal advice. It uses the Act's terminology for covered procurements. Older procurements and many procurements by devolved Scottish authorities can follow different rules. Check the notice, route and transitional guidance before applying the example.
What TenderLead can check first
TenderLead compares notice information with your company profile and saved no-bid rules, then shows a source-linked fit decision and evidence gaps. It does not establish compliance with every attachment. Open the official notice and full buyer pack before committing bid time.
Common questions.
Can I bid if I do not meet every tender requirement?
It depends on the type of requirement, when it must be met and what the buyer's documents say. Check conditions of participation, any pass/fail award criteria and delivery obligations separately. Ask the buyer through the stated clarification route if a material point is unclear.
Are conditions of participation the same as award criteria?
No. For procurements under the Procurement Act 2023, conditions of participation assess the supplier's legal and financial capacity or technical ability. Award criteria assess the tender. The notice and associated documents set out how each is assessed.
Must I buy the contract insurance before bidding?
For procurements under the Procurement Act 2023, a condition of participation cannot require insurance relating to contract performance to be in place before award. The buyer may require evidence that the cover can be obtained and will be in place for contract commencement. Check the tender documents and any separate legal insurance duties.
