Interim Internal Purchasing Guidelines > Appendix B Contract Clauses > B.2 Basic Contract Clauses
B.2.1 Clause 4-1, General Terms and Conditions;
Modifications of Clauses
Clause 4-1, General Terms and Conditions, contains the basic terms and
conditions of Postal Service contracts. Its terms and conditions are modeled
on those used in the private sector, and are intended to minimize
administrative effort, thereby reducing costs. As discussed in 4.2.7.d, and
subject to the restrictions in 1.3.1, these terms and conditions may be
modified, added to, or supplemented as required. In addition, subject to
4.2.7.d, 1.3.1, and B.2.2 below, the other clauses in this Appendix may be
modified, added to, or supplemented when doing so would ensure the
success of the purchase. Assigned counsel must be consulted before
modifying, adding to, or supplementing these clauses, unless a clause
contained in these Guidelines is used to replace a paragraph in Clause 4-1
addressing a similar subject. Purchase teams should remember that less
onerous terms and conditions usually result in lower overall cost.
B.2.2 Clause 4-2, Contract Terms and Conditions
Required to Implement Policies, Statutes, or
Executive Orders
Clause 4-2, Contract Terms and Conditions Required to Implement Policies,
Statutes, or Executive Orders, contains several clauses, some of which are
incorporated by reference, enforcing certain policies, statutes or Executive
Orders applicable to Postal Service contracts. Clause 4-2 also contains a
series of clauses which, depending on the nature of the purchase, may apply
to a given contract, and which are checked-off by the contracting officer when
they do. Neither Clause 4-2 nor any of the clauses incorporated by reference
in it may be modified or replaced unless (1) a deviation has been granted
(see 1.3.1.b) or the discussion of the clause provides instructions for such
action (see, for example, 9.3.2 regarding exceptions granted by the Secretary
of Labor). In addition, no change may be made to paragraph (b) (Examination
of Records) of this clause before (1) consulting with assigned counsel and
the office of the Inspector General and (2) having a deviation reviewed and
approved by a higher level than the contracting officer who holds deviation
approval authority (see 1.3.2.b).
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