Confirming Orders

Confirming orders are the procurement world's way of cleaning up a mess that's already been made. They're contracts issued after work has started—or even finished—without proper authorization. Not ideal, but they happen when departments skip the formal tendering process and PSPC needs to make things right.

How It Works

Federal procurement rules require that you get proper authority before committing the Crown to any expenditure. That means contracts, purchase orders, or standing offers need to be in place before a supplier delivers goods or services. But sometimes departments jump the gun.

Maybe someone thought they had approval when they didn't. Maybe an urgent need bypassed the usual channels. Whatever the reason, work gets done without a valid contract backing it up.

When this happens, PSPC may issue a confirming order to formalize the arrangement retroactively. According to the Supply Manual, these are strongly discouraged because they undermine competitive procurement principles and proper financial controls. You're essentially validating something that shouldn't have happened in the first place. The process typically involves documenting what went wrong, explaining why the expenditure was necessary, and ensuring the pricing is fair even though you've lost your negotiating position.

In practice, confirming orders put you in a weak spot. The supplier has already completed the work. They know you need to pay them to avoid breaching contract law and damaging the government's reputation. You can't negotiate better terms when the cards are already on the table. That's precisely why Treasury Board and PSPC want departments to avoid them. Each confirming order usually requires detailed justification, approval from senior management, and sometimes triggers internal audits. Nobody wants that scrutiny, which is why Advance Contract Award Notices and proper planning matter so much.

Key Considerations

• Confirming orders aren't a workaround for urgent needs—there are legitimate emergency procurement mechanisms available through PSPC when you actually need speed

• The department that requested the unauthorized work typically faces internal accountability measures, not just paperwork headaches

• You still need to demonstrate that the pricing is reasonable and that the supplier was qualified, even after the fact

• Repeated use of confirming orders in a department can trigger reviews of their procurement practices and financial controls

Related Terms

Standing Offer, Contract Authority, Supply Arrangement

Sources

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

• Canada Buys - Federal government procurement information and opportunities

• Buy and Sell - Federal government tender opportunities

The best approach to confirming orders is never needing one. Build relationships with your procurement officers early, understand your authority limits, and plan ahead whenever possible.