Justification Form

A Justification Form is a written record that explains why a buyer or client made a particular procurement decision. In Canadian federal procurement, the clearest use is for accessibility. Public Services and Procurement Canada (PSPC) provides a form for documenting why accessibility criteria will not be included in a requirement.

The term is not tied to one decision. Its meaning depends on what is being documented. Canadian federal sources use it for accessibility decisions, exceptions to the phased offer compliance process, and sole-source contracting. The form is a departmental record and approval document, and it is kept on the procurement file.

The PSPC accessibility justification form

PSPC publishes a template titled "Considering accessibility criteria in procurement: justification form" for federal department clients. A department or client can place the completed form on the procurement file to document its decision about whether to use accessibility criteria. The template is on the PSPC accessibility justification form page.

If accessibility criteria are not included after meaningful consideration, the client must give the procurement officer or buyer a clear justification. The buyer should retain that justification in the procurement file. Accessibility Standards Canada points to the PSPC form as an example of a justification form for accessible procurement in its general requirements for accessible procurement.

Signed forms in Department of National Defence procurement

CanadaBuys buyer guidance sets a firm rule for requirements handled under agreements with the Department of National Defence. Where accessibility criteria or considerations will not be included in a requirement, the client must provide a signed Justification Form. The rule appears in the guidance on agreements with the Department of National Defence.

Exemption and Inclusion forms for phased offer compliance

The phased offer compliance process has its own pair of justification forms. According to CanadaBuys guidance on phased offer compliance, PSPC directors can approve two kinds of departures from the normal approach:

• An exception from the phased offer compliance process, approved with a completed Exemption Justification Form.
• Use of the process where it would not normally apply, approved with a completed Inclusion Justification Form.

In both cases the form carries the director's approval of a departure from standard practice.

Sole-source justification forms

The term also appears in audit work on contracting. A Canadian Heritage procurement audit states that sole-source files should contain the required sole-source justification form, along with a supporting narrative or other documentation. The audit is published on the Canadian Heritage site. Here the form documents the reasons for awarding a contract without a competitive process.

What a Justification Form means for a supplier

The sources describe Justification Forms as buyer and client records, completed inside the department and kept on the procurement file. They do not set a general obligation for suppliers to complete one. A supplier bidding on a Canadian public contract will not usually fill in these forms.

Suppliers can still read what the forms signal. A solicitation without accessibility criteria, for example, may reflect a documented client decision. A defence requirement without accessibility considerations carries a signed form behind it. Bid teams should rely on the solicitation documents themselves for the requirements that apply to their offer.