7-12 Restrictions on Contracting with Former Postal Service Officers, Executives, Employees, and Other Sources

7-12.1 Restrictions on Contracting with Postal Service Employees, Spouses, Family Members, and Others

Except as specifically discussed below in 7-12.1.1 and 7-12.1.2, the Postal Service does not consider offers from or award contracts to (1) Postal Service employees, (2) their spouses, (3) other family members of a Postal Service employee, (4) individuals residing in the same household as a Postal Service employee, and (5) business organizations substantially owned or controlled by any of the above. A Postal Service employee is any Postal Service officer or employee working on a full-time or part-time basis in a career or noncareer position. Noncareer employees include, but are not limited to those persons serving in temporary positions such as postmaster replacements, rural carrier reliefs, and postal support employees. Paragraph A of Provision 4-3: Representations and Certifications, requires offerors to disclose whether they are such a person or organization. If an offer is received from a Postal Service employee the offer may not be considered unless one of the exceptions in 7-12.1.1 apply. If an offer is received from another restricted source listed above, the contracting officer must consult the Ethics Office for review and recommendation before deciding whether to consider the offer and award a contract (see 7-12.1.2).

7-12.1.1 Employee Exceptions

The Postal Service may contract with a Postal Service employee for the following:

• The lease of an employee’s vehicle in connection with his or her employment;
• The licensing of a patented invention that is the sole property of the employee.

A decision to contract with an employee for these items must be documented in the contract file.

7-12.1.2 Offers from Employees’ Spouses, Other Family Members, Individuals Residing in the Same Household as an Employee, and Business Organizations Substantially Owned or Controlled by Such

Should an employee’s spouse, another family member of an employee, an individual residing in the same household as an employee, or business organizations substantially owned or controlled by such submit an offer, the contracting officer must consult the Ethics Office for review and recommendation. When deciding whether the offer may be considered, contracting officers must consider:

1. The recommendation of the Ethics Office;
2. The availability of other sources capable of meeting the need; and
3. Whether an award to one of these sources would not be in the best interest of the Postal Service (i.e., an award to one of the sources may raise questions regarding the integrity of the purchasing process).

The contracting officer’s rationale for this decision must be documented in the contract file, along with the advice received from the Ethics Office. Such an offer may not be evaluated until the contracting officer has decided to consider the offer. The offeror must be notified if the offer will not be considered.

7-12.1.3 Provision 4-3, Representations and Certifications

Paragraph A of Provision 4-3: Representations and Certifications, requires offerors to disclose whether they are such a person or organization as described in 7-12.1.2. When an offeror so discloses, the contracting officer must take the steps discussed in section 7-12.1.