Fairness monitoring

Fairness monitoring is the independent observation of all or part of a government activity, such as a procurement, to provide an unbiased opinion and assurance that the activity is conducted fairly, openly and transparently. The person who does this work is a fairness monitor: an objective third party who observes the activity and reports observations, impartial opinions and a professional attestation.

In Canada, the term is most closely tied to Public Services and Procurement Canada (PSPC), which runs a Fairness Monitoring Program. Fairness monitors help identify fairness-related issues while a process is under way, and they support the integrity and transparency of government contracting. The monitor is an oversight mechanism. The monitor does not act as the contracting authority and does not evaluate bids.

How the PSPC Fairness Monitoring Program works

PSPC describes its program as a way to provide independent assurance that departmental activities are conducted fairly, openly and transparently. The department applies fairness monitoring to activities that include procurement and real-property transactions. Its stated objectives are real-time monitoring, early handling of fairness issues, integrity in procurement and public trust. Details are published on the PSPC fairness monitoring page.

Because the monitor observes while the process is live, concerns can be raised promptly rather than discovered after an award. The monitor watches the buyer's conduct. The contracting authority remains responsible for running the procurement and for the evaluation.

When a fairness monitoring assessment is required

PSPC requires a fairness-monitoring coverage assessment in defined circumstances. These include departmental activities that need ministerial or Treasury Board approval, subject to stated exceptions. They also include competitive procurements with a procurement-complexity assessment of level 4 or 5, or a procurement-risk assessment of medium-high or high.

Monitoring can also be assessed for other departmental activities when enhanced assurance of fairness, openness and transparency is wanted. An assessment does not always lead to a monitor being assigned, but the assessment itself is mandatory in the cases above.

PSPC's evaluation of the program found there was no government-wide policy on fairness monitoring, while PSPC had a departmental policy requiring assessments in specified circumstances. The 2019-2020 evaluation report sets out that finding.

What a fairness monitor reports

Fairness-monitor reports contain observations, impartial opinions and a professional attestation about the fairness, openness and transparency of the monitored activity. The attestation is the formal statement that the monitor has observed the process and can speak to whether it was fair.

PSPC publishes fairness-monitor reports for some procurements, which lets suppliers see how monitors describe their role and findings in practice.

Examples of monitored Canadian procurements

• Canadian Forces Contractor Augmentation Program II (CANCAP II): a Department of National Defence procurement conducted by PWGSC. The fairness monitor independently observed the competitive procurement, raised fairness concerns promptly and attested to the fairness of the process. See the archived fairness monitor report.
• Pay Equity Expert Services: a procurement conducted for the Treasury Board of Canada Secretariat. PSPC published the fairness monitor report.
• Maintenance of electronic security system equipment: a procurement conducted for the Correctional Service of Canada. PSPC published the fairness monitor report.

What fairness monitoring means for a supplier

A supplier does not bid to a fairness monitor or submit proposal material through one. The monitor observes the buyer's process, so suppliers should keep following the instructions in the solicitation. If a supplier has a concern about how a procurement is being run, it should raise it with the contracting authority or use any mechanism the solicitation expressly provides.

When a procurement is high in complexity or risk, a bid team can reasonably expect that the buyer's process may be under independent observation. Clear compliance with the solicitation rules, and well-documented questions sent through the designated channels, fit that environment. Published monitor reports are also useful reading for understanding how federal buyers are expected to conduct competitions.