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3.5 Commercial Suppliers

3.5.1 General

Except for those commodities available from the mandatory sources listed in 3.3, it is Postal Service policy to purchase its requirements from commercial suppliers using business practices and terms and conditions customary to the commercial marketplace or from the government sources listed in 3.4.

3.5.2 Prequalification

3.5.2.a Introduction. The Postal Service prequalifies suppliers in order to enhance competition and ensure quality performance. In addition to improving competition and performance, prequalification can also shorten cycle time and strengthen relations between the Postal Service and its suppliers. Contracting officers should consider prequalifying suppliers whenever appropriate.

3.5.2.b General

1. Prequalified suppliers are firms or individuals whose record of performance in the marketplace (commercial or governmental or both) has demonstrated their ability to perform to consistently high standards of quality and reliability.

2. Prequalification opportunities must be publicized in accordance with 3.5.2.e and 3.5.3. However, particular purchases or series of purchases competed solely among prequalified suppliers (see 3.5.2.b.3) need not be publicized, although purchase teams may do so if in the business or competitive interests of the Postal Service.

3. Purchase teams may limit competition solely to prequalified suppliers. Such decisions must be based on the business rationale for the particular purchase (or series of purchases) and its relationship to the business and competitive needs of the Postal Service. These decisions are matters of the purchase team's judgment, as are those determining whether to prequalify suppliers and what means to use. In addition, when in the business interests of the Postal Service, purchase teams may also consider adding suppliers to previously established lists when capable suppliers which did not participate in the prequalification process are identified. Before being placed on the list, such suppliers must be evaluated in the same manner used to establish the original list, but the prequalification process need not be republicized. Similarly, if the purchase team decides that competition solely among prequalified suppliers would not ensure of the purchase, the purchase opportunity may be publicized or republicized.

4. When using prequalification, supplier-specific performance evaluation factors (past performance and supplier capability; see 2.1.9), are evaluated in order to decide which suppliers to include on the prequalified list. The supplier should be evaluated in the same manner as for any other purchase (see 2.1.9).

3.5.2.c Use. Prequalification may be used in either of two ways: (1) on an ongoing basis for commercially available goods or services purchased routinely; or (2) for an individual purchase or series of purchases.

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3.5.2.d Determining the Prequalification Method

1. Any number of methods may be used to prequalify suppliers. When deciding on the method to be used (which should take place during the purchase planning phase), purchase teams must consider the particular purchase and the business and competitive needs of the Postal Service, and tailor the prequalification method to these considerations.

2. Determining the method should be based on:

(a) The particular purchase (or series of purchases) and its relationship to the business and competitive needs of the Postal Service.

(b) The dollar value or sensitivity of the purchase.

(c) The complexity of the item being purchased.

(d) The delivery schedule.

3.5.2.e Determining the Prequalified Suppliers

1. Publicizing. In addition to the publicizing requirements discussed in 3.5.3, purchase teams should use their market awareness to ensure that qualified suppliers are made aware of prequalification opportunities. Based on the state of the marketplace, announcements regarding prequalification opportunities should be made through whatever media are deemed most appropriate and effective. In addition, purchase teams must ensure that market research includes specific efforts to identify small, minority, and woman-owned businesses capable of meeting prequalification criteria and that these firms are encouraged to seek inclusion on prequalified lists. This effort must be outlined in any individual purchase plan (see 2.1.5.b) that contemplates the use of prequalified suppliers. Purchase teams must also ensure that suppliers' subcontracting plans are consistent with 3.2 when they will be considered in prequalification criteria.

2. Time Limits. The length of time in which the prequalification list will be in effect must be established and provided to suppliers before suppliers are selected for the list. Limits will depend on the particular purchase and the business and competitive needs of the Postal Service (although lists must be reassessed periodically; see 3.5.2.f.1), but in all cases must be reasonable in relation to standard commercial practices.

3. Selecting Suppliers

(a) After the evaluation team (see 2.1.8) has reviewed and analyzed the supplier-specific information (see 2.1.9.c), suppliers are placed on the prequalified list. All qualified suppliers need not be placed on the prequalified list if the purchase team determines (1) that a smaller group will provide adequate competition or (2) that some suppliers are considerably more qualified than others, thereby precluding purchase opportunities for the less qualified. During this process, the contracting officer, as business leader of the purchase team, must ensure:

(1) That all suppliers are treated in a business-like manner, and that the inclusion or exclusion of a particular supplier is based on business reasons alone.

(2) That enough suppliers are placed on the list to ensure adequate competition for subsequent purchases.

(3) That any sensitive business information provided by a supplier is sufficiently protected from disclosure.

4. Notification. All suppliers who responded to the prequalification announcement must be notified of whether they were included or excluded from the prequalification list. Suppliers who have not been selected for the list must be provided the rationale so that they may better prepare for future prequalification opportunities.

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3.5.2.f Maintaining Prequalified Lists

1. Reassessment. Periodically, purchase teams should reassess the suppliers included on a prequalified list in order to ensure that they remain qualified and reliable. Purchase teams should also consider whether new suppliers should be included on the list. Such opportunities must be publicized in accordance with 3.5.3, and interested suppliers are subjected to the same prequalification methods used to originally establish the list.

2. Removal. Purchase teams may decide to remove a supplier from a prequalified list, but only when the action is based on sound business reasons. The supplier must be informed of the removal and provided an explanation for the decision.

3.5.2.g Requests for Prequalified Lists. Subject to the restrictions of 1.6.5 and Handbook AS-353, prequalification lists may be provided to parties seeking them, including businesses seeking subcontract opportunities.

3.5.2.h Competition. Purchase teams must ensure that purchases are competed among a sufficient number of prequalified suppliers to ensure adequate competition. The teams have broad discretion in determining when competition is adequate, but must make this determination based on the nature of the purchase, the marketplace, and the business and competitive needs of the Postal Service. All relevant purchases need not be competed among all suppliers included on a prequalified list, but all such suppliers must be treated fairly, and periodically given the opportunity to compete for purchases. Purchase teams must exercise sound business judgment when determining which prequalified suppliers will compete for a particular purchase, and must make a written determination that the suppliers selected to compete provide adequate competition.

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3.5.3 Publicizing Purchase Opportunities and Contract Awards

3.5.3.a Policy

1. Purchase Opportunities

(a) All competitive purchase opportunities valued at over $100,000, including prequalification opportunities, must be publicized unless (1) precluded by emergency, (2) suppliers have been prequalified (see 3.5.2.e.1), (3) an advance notice of services sought was previously published as a part of purchase planning (see 3.5.3.b.3), or (4) the purchase will be of commercially available goods or services, in which case the publicizing threshold is $1 million.

(b) At the discretion of the purchase team, noncompetitive purchase opportunities of any value may be publicized when it is determined that such publicizing would improve the effectiveness of market research.

2. Contract Awards

(a) To promote competition in subcontracting, the Postal Service announces contract awards, competitive or noncompetitive, having significant subcontract opportunities. Such awards must be publicized in the Governmentwide Point of Entry (GPE; see 3.5.3.b.1). Although a matter of judgment, these are normally awards valued over $500,000 with individual subcontract opportunities over $50,000. Announcements of contract awards may also be made available for publication to newspapers, trade journals and magazines.

(b) Other awards may be publicized, when in the judgment of the purchase team, such announcement would benefit future competition.

(c) All noncompetitive contract awards valued at more than $1 million must be publicized in the GPE, and other media as appropriate, upon award.

3.5.3.b Methods

1. Governmentwide Point of Entry. Except for purchases of mail transportation (see 4.4.4.d), solicitations must be synopsized in the GPE. The GPE, successor to the Commerce Business Daily, is the single point where most government purchasing opportunities and contract awards can be accessed electronically by the public. The GPE is accessed via the Internet at http://www.fedbizopps.gov. This publicizing must occur as early in the purchasing process as possible, but not later than the date of issuing the solicitation.

2. Other Media. In addition to the GPE, purchase opportunities may be publicized via other electronic media, or in newspapers or trade journals, depending on three factors: (a) the purchase team's knowledge of the marketplace, (b) the business and competitive needs of the Postal Service, and (c) whether, following contract award, there will be significant subcontracting opportunities. Purchase teams should also consider publicizing in media that target diverse suppliers (see also Handbook P-1, General Purchasing Concepts and Practices).

3. Presolicitation Notices. Purchase teams wishing to identify suppliers may do so by issuing a presolicitation notice (also called a "sources sought" notice). The notice should (a) describe the upcoming Postal Service requirement and any applicable qualification requirements, (b) announce any planned presolicitation conferences, and (c) specify a date by which the notice must be returned to ensure inclusion on the solicitation mailing list.

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3.5.4 Unsolicited Proposals

3.5.4.a Definition. Unsolicited proposals are offers to sell to the Postal Service the rights to ideas, concepts, products, processes, or technology. They are considered unsolicited because they are not submitted in response to a solicitation or request for proposals.

3.5.4.b Unsolicited Proposal Program. The Unsolicited Proposal Program (UPP) provides companies and entrepreneurs the opportunity to submit new technologies or ideas to improve postal operations.

3.5.4.c Procedural Information. Information concerning submittal and review of unsolicited proposals is contained in Publication 131, The Postal Service Unsolicited Proposal Program, available for review at: http://www.usps.com/business.

3.5.4.d Acceptance. If an unsolicited proposal is found acceptable, and a noncompetitive purchase can be justified under one of the scenarios at 2.1.3 (for example, because the supplier is a single source, or because a compelling business interest justifies the use of the noncompetitive process), the contracting officer negotiates a contract with the proposer.

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