Fairness, Openness, and Transparency

Fairness, openness, and transparency aren't just buzzwords in Canadian government procurement—they're the legal foundation that governs how billions of dollars in contracts get awarded each year. These three principles guide everything from how you structure a Request for Proposal to how evaluation committees score bids, and they're backed by federal legislation, regulations, and trade agreements like the Canadian Free Trade Agreement. If you're working with federal procurement, understanding how these principles translate into actual process requirements can save you from costly protests and delays.

How It Works

Here's the thing: these principles aren't abstract concepts. They have teeth. Fairness means applying the same procedural rules to every bidder without discrimination. When you set evaluation criteria, you must apply them consistently across all submissions. The Code of Conduct for Procurement makes this explicit—PSPC and other departments must conduct procurement activities in ways that maintain confidence from both vendors and the Canadian public.

Openness ensures qualified suppliers actually get the chance to compete. This is why you'll see solicitations posted on CanadaBuys (formerly GETS) and why there are specific minimum advertising periods. The Canadian Free Trade Agreement reinforces this, requiring each party to provide "open, transparent, and non-discriminatory access" to covered procurement. In practice, this means you can't quietly direct a contract to a preferred supplier when the value triggers competitive requirements under trade agreement thresholds.

Transparency is where many procurement processes get scrutinized. You need to disclose evaluation criteria upfront, explain your selection methodology, and make contract award decisions public. The Fairness Monitoring Program provides independent oversight specifically to verify PSPC conducts activities—procurement, real property transactions—in line with these principles. Fairness monitors become mandatory for departmental activities requiring ministerial or Treasury Board approval (except non-competitive procurements and contract amendments) and for competitive procurements rated complexity level 4-5 or with medium-high to high risk assessments. When a fairness monitor reviews your file, they're checking whether you documented decisions, applied criteria consistently, and gave all bidders equal treatment.

Key Considerations

• Documentation is your shield. If a supplier files a complaint with the Office of the Procurement Ombud, your evaluation records need to show exactly how you applied the published criteria. Gaps in documentation often look like unfairness, even when none existed.

• Changes mid-process are dangerous territory. If you need to amend evaluation criteria or extend deadlines, you must communicate those changes to all bidders simultaneously. No exceptions. Selective communication violates openness requirements and invites challenges.

• The national security exception exists but gets scrutinized. While you can invoke exceptions to competitive requirements, the OPO notes that fairness, openness, and transparency remain "the guiding principles of the trade agreements" even when exceptions apply. Use them carefully and document your rationale thoroughly.

• Vendors have responsibilities too. The Code of Conduct requires suppliers to respond to solicitations honestly and comprehensively. This creates reciprocal obligations—you ensure a fair process, they provide truthful information.

Related Terms

Best Value, Trade Agreements, Evaluation Criteria, Non-Competitive Procurement

Sources

• Code of Conduct for Procurement - Government of Canada

• Fairness Monitoring Program - Public Services and Procurement Canada

• Best Value in Procurement - Office of the Procurement Ombud

The real test of these principles happens when something goes wrong. Build your process assuming someone will review every decision you made, because when contracts get protested, they often do.