ARCHIVED Fairness Monitoring Policy

Introduction

The Departmental Oversight Branch recently announced the release of its Fairness Monitoring Policy (DP 098). The Policy is effective immediately.

A Fairness Monitoring Program has been in place since 2004 in Acquisitions Branch (AB) as a proactive measure to provide management, client departments, government suppliers, Parliament and Canadians with independent assurance that Public Works and Government Services Canada (PWGSC) large or complex procurement activities are conducted in a fair, open and transparent manner. The Policy establishes fairness monitoring as a formal oversight mechanism for obtaining independent validation on the fairness of departmental activities.

Policy

The Fairness Monitoring Policy may affect procurements undertaken in AB. The Policy requires that contracting officers formally assess the merits and document the decision reached on whether or not fairness monitoring will be used for procurements that require the Minister's approval or above. Contracting officers may also recommend the use of fairness monitoring as an optional oversight mechanism where an enhanced assurance of fairness is desired.

Contracting officers should consult the Fairness Monitoring Policy (accessible to government employees only) for more information.

Revisions to the Supply Manual

All changes will be reflected in Version 09-1 of the new SM, to be released sometime in the fall. See Annex A for the changes to chapters 1, 3 and 5 of the new SM.

Contact Person

Please direct any inquiries to Susan Blakeney, Acquisition Policy and Process Directorate, by telephone at 819-956-8235 or by e-mail to: susan.blakeney@tpsgc-pwgsc.gc.ca.

Annex A

Changes to the Supply Manual

Chapter 1 - Public Procurement

1.50 Fairness Monitors

1. PWGSC's fairness monitoring process provides independent assurance that specific PWGSC procurements are conducted in a fair, open, and transparent manner.
2. A fairness monitor is an independent third-party whose role is to observe all or part of a procurement process, to provide related feedback on fairness issues to the project team and to PWGSC's Departmental Oversight Branch, and to provide an unbiased and impartial opinion on the fairness of the observed procurement process.
3. The involvement of a fairness monitor in a procurement process in no way diminishes or absolves any PWGSC official of their accountabilities or responsibilities. (See 3.140 for more details.)

Chapter 3 - Procurement Strategy

3.140 Fairness Monitors

1. For all procurements requiring the Minister's approval or above, contracting officers must formally assess the merits, at the procurement strategy phase, of using a fairness monitor.
2. Contracting officers may optionally consider, at the procurement strategy phase, using a fairness monitor where an enhanced assurance of fairness is desired (e.g. at the request of the client, complex procurement).
3. Contracting officers must complete the Fairness Monitoring Coverage Assessment and Recommendation Form (accessible to federal government employees only) (PWGSC-TPSGC 587 PDF Version, 32KB) (Help on File Formats) for both mandatory and optional fairness monitor use and submit for the Assistant Deputy Minister, Acquisitions Branch (ADM/AB), signature.
4. The signed form PWGSC-TPSGC 587 is then forwarded to the ADM, Departmental Oversight Branch (DOB). In the event that the ADM/AB does not recommend the use of a fairness monitor in optional situation (see (b) above), the signed form is not forwarded to the DOB but must be kept on the procurement file.
5. The ADM/AB reviews the request for fairness monitor coverage of the procurement process on behalf of the Business Operations Committee (BOC) and forwards the recommendation to the BOC who renders a decision on whether use of a fairness monitor is appropriate and desirable.
6. For more information, see the Fairness Monitoring Policy (accessible to government employees only). (See also 1.50 and 5.25.)

Chapter 5 - Evaluation and Selecting the Contractor

5.25 Use of Fairness Monitors

1. When a fairness monitor has been engaged to support a procurement process, he/she will provide written reports to the Departmental Oversight Branch (DOB), in accordance with the statement of work included in the fairness monitor's contract, attesting to the fairness of the procurement process.
2. If a fairness monitor observes a situation that constitutes, or has the potential to create, fairness deficiencies, the fairness monitor will inform the project team of its concerns and seek a resolution. If a resolution cannot be reached, the fairness monitor will immediately advise DOB.
3. The fairness monitor will submit a final report to DOB, which includes, among other things, the fairness monitor's overall attestation of assurance on the fairness of the monitored activity and any unresolved fairness deficiencies observed. This report will be made public after tabling with senior management.