Interim Internal Purchasing Guidelines > Summary of Changes

Summary of Changes

Introduction

On May 15, 2005, the Postal Service promulgated new regulations governing the acquisition of goods and services at 39 C.F.R Part 601, and is currently drafting new Supplying Principles and Practices focused on the supply chain management business philosophy. The Supplying Principles and Practices are scheduled to become effective later this year, and in the meantime these Interim Internal Purchasing Guidelines are intended to assist Postal Service™ employees in obtaining best value and conducting supply chain functions. These Guidelines replace the Postal Service Purchasing Manual. They apply to all purchasing activities except those unique to real estate and related services, and, in turn, they will be replaced upon publication of the new Supplying Principles and Practices. That publication will be announced in the Postal Bulletin.

Throughout

The term "Postal Service Purchasing Manual" has been replaced by "Postal Service Interim Internal Purchasing Guidelines" or "Interim Internal Purchasing Guidelines."

Major Changes

Chapter 1 - Authority, Responsibility and Policy

Section 1.1.1.a, Background, has been rewritten to state that these new Guidelines replace the Postal Service Purchasing Manual and to highlight the fact that:

1. The Guidelines are not binding regulations of the Postal Service;

2. The Guidelines are intended for internal use only; and

3. The Guidelines do not create any right, substantive or procedural, enforceable against the Postal Service.

Section 1.1.1.b, Responsibility for the Guidelines, has been rewritten to address the new Supply Chain Management Advisory Council and Supply Chain Management Principles and Practices Committee and the membership and responsibilities of each.

Paragraph 1.5.2.i, Performance Evaluation Factors, has been rewritten to state that these factors are included in solicitations so that prospective offerors will be made aware of the elements of value that will help determine which proposal offers the best value to the Postal Service.

Section 1.6.1, Business Objectives and Practices, has been rewritten to state that the Postal Service will be business-like in its actions and business practices.

Paragraph 1.6.13.d, List of Excepted Articles and Materials, has been updated.

Chapter 2 - Purchase Planning

Subparagraph 2.1.7.b.3 (Developing Strategies), has been revised to state that if purchase teams believe that prospective offerors may propose more effective technical solutions than those anticipated in the requirements, the solicitation should state that extra evaluation credit may be given for such solutions.

Chapter 3 - Supplier Relations

Section 3.1.1, General, has been rewritten to state that contracting officers must manage supplier relations to ensure that business or competitive objectives are met or exceeded.

Paragraph 3.2.1.a, General (Supplier Diversity), has been rewritten for clarity.

Paragraph 3.5.2.a, Introduction (Prequalification), has been retitled, and Paragraph 3.5.2.b, General, has been rewritten for clarity.

Subparagraph 3.5.2.e.3.(a) (Selecting Suppliers), has been rewritten to state that contracting officers must ensure that all suppliers are treated in a business-like manner, and that business reasons alone are the basis if including on or excluding a supplier from selection for prequalification.

Section 3.6, Protests, has been retitled "Business Disagreements." Information on this topic is now included in 39 CFR, Part 601, available at the Government Printing Office website (www.access.gpo.gov/nara/cfr/cfr-table-search.htm#page1).

Section 3.7, Debarment and Suspension, is now addressed in 39 CFR Part 601. This information is available at the Government Printing Office website (www.access.gpo.gov/nara/cfr/cfr-table-search.htm#page1).

Chapter 4 - Purchasing

Paragraph 4.2.2.a General (Solicitations), has been revised to state that solicitations should inform prospective offerors whether extra credit may be given for technical solutions which exceed the requirements of the solicitation.

Subparagraph 4.2.2.i.1 (Amendment of Solicitations), has been revised to state that solicitations must be amended when changes such as quantity, specifications, delivery schedule, date of receipt of proposals, or changes to clarify or correct solicitation ambiguities or defects are necessary.

Subparagraph 4.2.2.k.1.(a), (General), has been revised to state that the contracting officer has wide discretion regarding the release of information, and that he or she must take care to ensure that the integrity of the purchasing process is not compromised.

Subparagraph 4.2.5.c.3.(a) (Use - Discussions), has been revised to state that contracting officers must ensure that information provided the Postal Service during discussions is protected. Similar language has been deleted from subparagraph 4.2.5.c.3.(c).

Subparagraph 4.2.8.a.5 (Notification), has been revised to state that the notification must contain a statement providing the pertinent facts that led the purchase team to determine that a particular proposal offered the best value to the Postal Service.

Subparagraph 4.3.3.a.3, Purchase Method (Construction), has been revised for clarity.

Section 4.5.1, General (Special Categories of Purchases), has been rewritten for clarity.

Chapter 5 - Contract Pricing

Section 5.1.1, General, has been rewritten for clarity.

Paragraph 5.1.2.e.4 (Cost or Pricing Data), has been revised to state that contracting officers are to consult the next level of management when an offeror or supplier refuses to provide necessary cost or pricing data.

Chapter 6, - Contract Administration

Paragraph 6.2.1.a, General (Postaward Orientation), has been rewritten for clarity.

Subparagraph 6.4.4.c.2 (Disallowing Costs)

Subparagraph 6.4.5.d.4 (Administration - Progress Payments), has been rewritten to state that contracting officers must act in a reasonable and business-like manner in carrying-out administrative functions related to progress payments.

Section 6.8, Claims and Disputes, has been revised to refer readers to 39 CFR 601. This information is available at the Government Printing Office website (www.access.gpo.gov/nara/cfr/cfr-table-search.htm#page1).

Section 6.9.4, Termination on Notice, has been revised to state that, in some cases, termination on notice may be an acceptable substitute for termination for convenience, but that all contracts which include a clause addressing termination on notice should also include a clause addressing termination for default.

Chapter 8 - Patents and Data Rights

Paragraph 8.3.2.a General (Data Rights Acquisition), has been rewritten for clarity.

Appendices D, Rules of Practice in Proceedings Relative to Debarment and Suspension from Contracting, and E, Rules of Practice Before the Postal Service Board of Contract Appeals.

These reprints from 39 CFR (Parts 957 and 955, respectively) have been deleted. This information is available at the Government Printing Office website (www.access.gpo.gov/nara/cfr/cfr-table-search.htm#page1).