Interim Internal Purchasing Guidelines > 1 Authority, Responsibility and Policy > 1.5 Meaning of Words and Terms

1.5 Meaning of Words and Terms

1.5.1 General

The words and terms defined in this section have the meanings given in this section whenever they are used in these guidelines, unless the context clearly indicates a different meaning or a different definition is given for a particular section, part, solicitation provision or contract clause. Definitions are in alphabetical order.

1.5.2 Definitions

1.5.2.a Agreement. A set of pre-established terms and conditions negotiated between the Postal Service and a supplier which only becomes a contract when an order is placed and accepted by the supplier. A contract is always an agreement; but an agreement is not always a contract.

1.5.2.b Assigned Counsel. The person or persons assigned by the General Counsel to provide legal advice to a VP or contracting officer.

1.5.2.c Change Order. A written order signed by the contracting officer directing the supplier to make changes that the Changes clause (see paragraph c of Clause 4-1) authorizes the contracting officer to make without the specific consent of the supplier.

1.5.2.d Contract. Any understanding that can be legally enforced, formed by two or more parties who promise to perform or to refrain from performing some act. For purposes of this manual, a contract exists when there is a bilateral agreement, a unilateral order (such as a purchase order) by the Postal Service that becomes effective upon performance by the other party, or a binding order under an agreement that did not in itself bind the parties.

1.5.2.e Contract Modification. A written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity or other provisions of an existing contract whether made unilaterally under a provision in the contract or bilaterally by mutual parties to the contract. It includes such bilateral actions as supplemental agreements, and such unilateral actions as change orders, administrative changes, notice of termination, and exercise of options.

1.5.2.f Contracting Officer. A person who has direct purchasing authority or has been delegated purchasing authority (see 1.4). The term includes an authorized representative of a contracting officer acting within the limits of the authority delegated by the contracting officer.

1.5.2.g Days. This means calendar days unless working days are specified.

1.5.2.h Includes. This means "includes but is not limited to."

1.5.2.i Local Buying Authority. The authority to locally buy and pay for day-to-day operational needs. Local buying authority may not be used for certain commodities; see ASM 72 for more information regarding local buying authority.

1.5.2.j May. This is permissive. "May not" and "no [person or thing] may" mean that the act described is prohibited.

1.5.2.k Must. This is imperative.

1.5.2.l Performance Evaluation Factors. A standard by which the worth of a proposal is judged, included in solicitations so that prospective offerors will be aware of the elements of value that will help determine which proposals offers the best value to the Postal Service. There are two types of factors: proposal-specific and supplier-specific.

1.5.2.m Proposal. An offer that, if accepted, creates a contract. A proposal may be made in response to a solicitation, or may be unsolicited.

1.5.2.n Purchase Team. A group of Postal Service internal business partners with an interest in a specific purchase or series of purchases. In addition to other responsibilities, the contracting officer serves as the business leader of the purchase team, and directs and oversees the purchase team's efforts from purchase planning to contract closeout.

1.5.2.o Purchasing. All activities related to the purchase of supplies, services, equipment, design and construction and related services, and mail transportation, including planning, solicitation, source selection, contract award, and contract administration. It does not include activities related to the determination of requirements.

1.5.2.p Purchasing Office. An organizational element responsible for the purchase of supplies, services and equipment, facility design and construction and related services, or mail transportation.

1.5.2.q Quotation. A response to a request for quotation; it is informational in character, and, unlike a proposal, it is not an offer that can be accepted by the Postal Service to form a binding contract.

1.5.2.r Real Estate and Related Services. The term real estate includes the acquisition of real property (including improvements on real property), and any interests in real property, by easement, license, sale, lease, or exchange; the disposal of real property (including improvements on real property); and any interests in real property, by easement, license, sale, lease, exchange; and the development and redevelopment of real property under lease agreements, including acquisition, disposal, or development and redevelopment by contract or agreement with government entities at any level. Related services includes professional services, planning efforts, studies, and the like, in support of the acquisition, disposal, development and redevelopment of real estate (as defined above) including design/engineer, environmental, geo-technical, brokerage, legal, relocation, title, and similar services (other than services in connection with Postal Service-financed construction.

1.5.2.s Services. The performance of identifiable tasks.

1.5.2.t Should. This means desirable but not required.

1.5.2.u Supplemental Agreement. A contract modification that is mutually agreed to by the parties.

1.5.2.v Supplies. Property and rights or interest in property of any kind except real property.

1.5.2.w Vice President. When not otherwise specified, means the Vice President of Supply Management.

1.5.2.x Will. This signifies intent or obligation.