Confirming Order

A confirming order formalizes a transaction that's already happened—usually because work needed to start before the paperwork could catch up. Think of it as the government's way of making things official after the fact. While this might sound irregular, these orders serve a legitimate purpose in federal procurement, though they come with strict approval requirements tied to non-competitive contracting authority.

How It Works

Confirming orders typically emerge when departments face urgent operational needs. A contractor performs work, delivers goods, or provides services before a formal purchase order gets issued. The confirming order then documents what actually occurred—the parties involved, scope of work, dates, amounts, and any intellectual property transfers.

According to the Government of Canada Supply Manual, these orders require approval from officials with appropriate delegated authority. The approval level depends on the contract value and aligns with the department's non-competitive contract approval limits. So a $5,000 transaction faces different scrutiny than a $50,000 one. Your procurement officer can't just rubber-stamp these—they need solid justification for why normal competitive processes didn't apply.

In practice, Public Services and Procurement Canada (PSPC) expects departments to minimize confirming orders. They're not meant to bypass competitive procurement requirements or circumvent proper planning. Most departments track these carefully because excessive use raises red flags during internal audits. Treasury Board monitors patterns across government, and repeated reliance on confirming orders at any department suggests systemic planning problems that need fixing.

Key Considerations

• Authority limits matter: You can't approve a confirming order beyond your delegated spending authority, even if the work's already done. Higher-value transactions need escalation to senior officials with appropriate limits.

• Documentation is everything: The order must capture all essential elements—not just amounts and dates, but justification for why normal procurement processes couldn't be followed. Weak documentation won't survive audit scrutiny.

• This isn't emergency contracting: Don't confuse confirming orders with legitimate emergency procurement. Emergencies have their own authorities and processes. Confirming orders typically result from planning failures or miscommunication, not genuine crises.

• Contractor risk exists: Suppliers who start work without a formal agreement take on significant risk. Here's the catch: if your department later determines the expenditure wasn't proper, payment might be denied. Reputable contractors understand this and usually resist working without signed agreements.

Related Terms

Purchase Order, Non-Competitive Procurement, Delegated Financial Authority

Sources

• Government of Canada Supply Manual - Official federal procurement policy and procedures

• Canada Buys - Procurement Portal - Federal government procurement information and opportunities

The best confirming order is the one you never have to issue. Proper procurement planning and clear communication with your contracting team prevent most situations where these become necessary.