The policies contained in this Purchasing Manual (PM) are based on a single,
overriding premise: that effective and efficient purchasing can significantly
impact the Postal Service's bottom line and competitive position. In order to
achieve these goals, our policies now maximize (1) coordination between the
contracting officer and the requirements organization and (2) sound business
judgment in furthering service to the mailing public. Following are the
significant policy changes intended to attain these important goals. A
reference to the relevant text is included with each of the changes.
Purchase Teams (throughout; definition at 1.6.2.n) have been established to
ensure corporate cohesion in the Postal Service's purchasing efforts. These
teams are headed by the contracting officer, and are comprised of the
relevant business partners, including the requesting organization, assigned
counsel, and other Postal Service representatives as needed. The purchase
team provides overall guidance and direction to the purchase, primarily
focusing on the business and competitive needs of the Postal Service, but
also taking part in purchase planning, best value determinations and supplier
discussions.
Best Value (see 1.7.2) has been established as the basis of award for all
Postal Service purchases. Best value depends on the item being purchased,
and is determined by the comparative analysis of proposals in accordance
with the evaluation criteria of the solicitation, and the business judgment of
the contracting officer and the purchase team.
Strategic Alliances (see 1.7.11) are addressed in the PM in recognition of
their contractual status. However, due to the fact that these contracts are not
used to purchase supplies, service, and equipment, the policies and
procedures contained in the PM do not apply to strategic alliances.
Contracts with Former PCES Executives or Postal Service Officers, or
with entities substantially owned by them, have been prohibited under certain
circumstances (see 1.7.13).
Electronic Commerce (see 1.10.1) has been introduced as a means of
doing business with suppliers. When fully in place, electronic commerce will
cause significant cuts in purchasing lead time and administrative overhead.
Performance Evaluation Factors (see 2.1.7) have replaced what were
previously known as evaluation factors. There are two types:
proposal-specific factors, which represent the elements of the purchase
critical to its success, and supplier-specific factors (past performance and
supplier capability) which address aspects central to the supplier being
evaluated. Supplier Capability has replaced the concept of supplier
responsibility. Capability is defined as the ability to perform the work
required during the period specified in the contract. Capability is examined
and evaluated as a supplier-specific factor.
Contract Types (see 2.4) have been moved to Chapter 2, Purchase
Planning, to emphasize their importance in purchase planning. Various
clauses related to contract type have been added or revised (see Appendix B
below).
Establishing strong, mutually beneficial Supplier Relations has been
established as policy (see 3.1). It is the intent of the Postal Service to foster
partnerships with its suppliers and to use the purchasing process to work
toward a common goal. Contracting officers have the primary responsibility
for managing supplier relations and for ensuring that they are conducted fairly
and effectively. As a result of this new focus, companies and individuals with
which the Postal Service contracts are now known as "suppliers" (previously
termed "contractors" or "vendors") throughout the Purchasing Manual.
Supplier Diversity (see 3.2) has been given more prominence and visibility.
The Postal Service has restated its commitment to provide competitive
opportunities to small, minority and woman-owned businesses, empowering
our contracting officers to manage supplier diversity as a Postal Service
business initiative.
Purchasing goods and services primarily from Commercial Suppliers (and
using commercial methods to do so; see Commercial Purchasing, below)
has also been established as policy. Contracting officers and purchase
teams are now strongly encouraged to purchase the Postal Service's goods
and services in the same manner as its commercial counterparts and
competitors (see 3.5.1).
Prequalification of suppliers has been established as a preferred way of
doing business. Whenever appropriate, purchase teams should prequalify
suppliers regardless of the commodity being purchased (see 3.5.2).
Publicizing requirements remain at previously established levels.
Contracting officers and purchase teams are also encouraged to alert the
marketplace of purchase opportunities through media in addition to the
Commerce Business Daily or Journal of Commerce (see 3.5.3).
Policy and procedures regarding the acceptance and handling of Unsolicited
Proposals (see 3.5.4) have been added to the PM.
Protests (see 3.6) have been revised by adjusting time schedules for
consistency with other current government protest provisions, and by
establishing the contracting officer's general responsibility for accountability
to prospective suppliers. Provision A-15, Protests, has been revised to
reflect these changes.
In order to promote increasing uniformity and consistency throughout Postal
Service purchasing, a single Purchasing Process (see 4.1 and 4.2)
containing polices and procedures common to all purchases has been
established. The process entails the solicitation of a sufficient number of
offers to ensure adequate competition, the comparative evaluation of
proposals, and discussions with the most qualified suppliers in order to reach
the best business arrangement for the Postal Service. Within this general
framework, there are variations for commodity-specific purchases.
The use of Oral Presentations (see 4.2.4) is encouraged as a performance
evaluation method (see 4.2.5) during the purchasing process. Performance
Evaluation is a two-step process involving (1) the evaluation of individual
proposals and (2) the comparative evaluation of individual proposals to each
other. Discussions (see 4.2.5.c), which, as a concept, replaces what were
previously termed "clarifications," "discussions," or "negotiations," are used
to reach understanding and agreement with suppliers over what is being
required and what is being offered, and final contract terms and conditions.
Best Value Determinations (see 4.2.5.d) are important steps in the
purchase process and involve trade-off judgments made in accordance with
the relative importance of the performance evaluation factors and price.
Notification of Award (see 4.2.7) and Debriefings (see 4.2.8) have been
revised to adjust time schedules and to highlight their importance in the
purchasing process.
Commercial Purchasing (see 4.3) replaces simplified purchasing. It is the
competitive purchase of commercially available items, and purchase teams
are encouraged to use this method whenever practicable. A number of new
provisions and clauses have been added for use in commercial purchasing
(see Appendices A and B below).
Form 8203, Order/Solicitation/Offer/Award (see 4.3.5.b) is to be used
when soliciting and awarding commercial purchases. The form contains new
clauses and provisions relevant to commercial purchases.
Design and Construction Purchasing (see 4.4) replaces the policy and
procedures contained in Chapter 11 of Publication 41, USPS Procurement
Manual. The purchase of facility repairs and alterations is now made using
the commercial purchasing method; other types of design and construction
purchasing is made under the general framework discussed in 4.2, with
variations as noted in this section. A number of new and revised provisions
and clauses (see Appendices A and B below) have been added as a result of
these changes.
Mail Transportation Purchasing (see 4.5) replaces the policy and
procedures contained in Chapter 12 of Publication 41, USPS Procurement
Manual. Purchase of mail transportation may now be made using the
commercial purchasing method or under the general framework discussed in
4.2, with variations as noted in this section. A number of new and revised
provisions and clauses (see Appendices A and B below) have been added as
a result of these changes.
Special Purchasing (see 4.6) replaces the policy and procedures contained
in Chapter 8 of Publication 41, USPS Procurement Manual. These types of
purchases receive distinct treatment and are purchased differently than
other commodities. New policy regarding the purchase of Information
Technology has been added (see 4.7.5), as have a number of new and
revised provisions and clauses related to this area (see Appendices A and B
below).
New policy regarding Responsibilities for Price Evaluation (see 5.1.1)
states that although the contracting officer has the ultimate authority for
pricing decisions, the purchase team as a whole is responsible for this
purchasing function.
New policy regarding Responsibilities for Contract Administration (see
6.1.1) similarly establishes policy requiring purchase teams to work to ensure
quality performance throughout the life of the contract.
Alternative Dispute Resolution (ADR) policy regarding contract disputes
has been added (see 6.8.1). ADR methods may include informal negotiation,
mediation by a neutral third party or other methods mutually agreeable to
both parties. Clause B-9, Claims and Disputes, has been revised to reflect
this new policy and has also been revised to reflect new Contract Disputes
Act dollar thresholds.
Termination on Notice (see 6.9.4) has been added. This termination right,
which has historically been included in certain specialized contracts for either
the Postal Service or for both parties, may now be included in any
appropriate Postal Service contract.
Policy regarding Miller Act requirements for Bonds (see 7.1) has been
revised to reflect changes in the Act. Irrevocable Letters of Credit and
Tripartite Agreements (see 7.1.2.a) have been added as substitutes for
performance bonds in construction contracts. A new Provision 7-5,
Alternative Payment Protections, has been added to reflect these changes.
Walsh-Healey Public Contracts Act (see 9.5) requirements have been
revised as a result of Congressional action. Provision 10-2, Regular
Dealer/Manufacturer Representation, has been deleted, and Clause 9-6
(old 10-8), Walsh-Healey Public Contracts Act, has been revised to reflect
these changes.
A number of minor changes can be found throughout the Purchasing Manual.
Most of these result from the major changes listed above. Others are
clarifications or corrections of previous policies and procedures. All changes
were reviewed and approved by the Purchasing Policy Committee.
The following are new and revised provisions contained in the Purchasing
Manual. Prescriptions for their use are found in Chapters 1 through 9 or
Appendix A. All PM provisions, regardless of whether they have been
changed from previous versions or not, are dated January 1997.
No.
|
Title
|
A-2
|
Submission of Proposals
|
A-3
|
Modification or Withdrawal of Proposals
|
A-15
|
Protests
|
A-17
|
Telegraphic Proposals
|
1-3
|
Contractor Screening Requirements
|
1-6
|
Prohibition Against Contracting with Former Postal Executives
or Officers
|
2-2
|
Time of Delivery
|
2-3
|
Evaluation of Options
|
2-4
|
Evaluation Exclusive of Options
|
2-5
|
Evaluation Exclusive of Unpriced Options
|
2-6
|
Type of Contract
|
3-1
|
Notice of Small, Minority and Women-owned Subcontracting
Requirements
|
4-1
|
Instructions to Offerors - Commercial Items
|
4-2
|
Evaluation - Commercial Items
|
4-3
|
Representations and Certifications - Commercial Items
|
4-7
|
Postal Computing Environment
|
4-8
|
Pre-Proposal Conference
|
4-9
|
Preparation of Proposals (Construction)
|
7-1
|
Performance Bond Requirements
|
7-2
|
Payment Bond Requirements
|
7-5
|
Alternative Payment Protections
|
The following are new and revised contract clauses contained in the
Purchasing Manual. Prescriptions for their use are found in Chapters 1
through 9 or Appendix B. All PM clauses, regardless of whether they have
been changed from previous versions or not, are dated January 1997.
No.
|
Title
|
B-9
|
Claims and Disputes
|
B-31
|
Reserved
|
B-32
|
Differing Site Conditions
|
B-33
|
Inspection and Acceptance (Construction)
|
B-34
|
Notice to Proceed and Commencement, Prosecution and
Completion of Work
|
B-35
|
Specifications and Drawings
|
B-36
|
Postal Service Partial Occupancy
|
B-37
|
Changes (Construction)
|
B-38
|
Accident Prevention
|
B-39
|
Indemnification
|
B-40
|
Construction Cost Breakdown
|
B-41
|
Conditions Affecting the Work
|
B-42
|
Performance of Work by Supplier
|
B-43
|
Superintendence by Supplier
|
B-44
|
Use of Premises
|
B-45
|
Other Contracts
|
B-46
|
Subcontracts (Construction)
|
B-47
|
Permits and Responsibilities
|
B-48
|
Payment (Construction)
|
B-49
|
Building Codes, Fees, and Charges
|
B-50
|
Protection of Existing Vegetation, Structures, Utilities, and
Improvements
|
B-51
|
Heat
|
B-52
|
Debris and Cleanup
|
B-53
|
Survey Monuments and Bench Marks
|
B-54
|
(Reserved)
|
B-55
|
Standard References
|
B-56
|
Shop Drawings, Coordination Drawings, and Schedules
|
B-57
|
Record "As Built" Drawings
|
B-58
|
Spare-Parts Data
|
B-59
|
Construction Progress Chart
|
B-60
|
(Reserved)
|
B-61
|
Warranty (Construction)
|
B-62
|
Samples
|
B-63
|
Materials and Workmanship
|
B-64
|
Accountability of the Supplier (Highway)
|
B-65
|
Adjustments to Compensation
|
B-66
|
(Reserved)
|
B-67
|
Changes (Transportation)
|
B-68
|
Changes in Corporate Ownership or Corporate Officers
|
B-69
|
Events of Default
|
B-70
|
Release of Supplier
|
B-71
|
Termination for Convenience (Transportation)
|
B-72
|
Termination for Convenience - Emergency Contracts
|
B-73
|
Trailer Damage
|
B-74
|
Payment (Highway)
|
B-75
|
Accountability of the Supplier (Non-Highway)
|
B-76
|
Excusable Delays (Mail Transportation Non-Highway)
|
B-77
|
Protection of the Mail
|
B-78
|
Renewal
|
B-79
|
Forfeiture of Compensation
|
B-80
|
Laws and Regulations Applicable
|
B-81
|
Information or Access by Third Parties
|
B-82
|
Access by Officials
|
B-83
|
Payment (Air Taxi)
|
1-8
|
Organizational Conflict of Interest
|
2-24
|
Inspection and Acceptance - Non-fixed Price
|
2-25
|
Unpriced Options
|
2-26
|
Payment - Fixed Price
|
2-27
|
Incentive Price Revision
|
2-28
|
Economic Price Adjustment - Labor and Materials
|
2-29
|
Economic Price Adjustment (Index Method)
|
2-30
|
Allowable Cost and Payment
|
2-31
|
Limitation of Cost
|
2-32
|
Limitation of Funds
|
2-33
|
Cost Contract - No Fee
|
2-34
|
Cost-Sharing Contract - No Fee
|
2-35
|
Incentive Fee
|
2-36
|
Fixed Fee
|
2-37
|
Award Fee
|
2-38
|
Payment (Time-and-Materials and Labor-Hour Contracts)
|
2-39
|
Ordering
|
2-40
|
Delivery-Order Limitations
|
2-41
|
Definite Quantity
|
2-42
|
Indefinite Quantity
|
2-43
|
Requirements
|
2-44
|
Contract Definitization
|
2-45
|
Execution and Commencement of Work
|
2-46
|
Limitation of Postal Service Liability
|
2-47
|
Payment of Allowable Costs Before Definitization
|
3-1
|
Participation of Small, Minority and Women-owned Business
|
3-2
|
Small, Minority and Women-owned Business Subcontracting
Requirements
|
4-2
|
Contract Terms and Conditions - Commercial Items
|
4-3
|
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders - Commercial Items
|
4-16
|
Substitution of Information Technology
|
4-17
|
Technology Enhancement
|
This Appendix has been updated to reflect changes made necessary by the
Federal Acquisition Streamlining Act's amendatory changes to the Contract
Disputes Act.
The new Purchasing Manual is the result of a year-long effort to rewrite
Postal Service purchasing policies and procedures and reposition Purchasing
and Materials within overall Postal Service business objectives. During
this effort, subject and text were completely reorganized. Therefore, the
Purchasing Manual now has nine chapters (the Procurement Manual had
twelve) and six Appendices. Much previous Procurement Manual text was
deleted, while new text was added regarding new topics. Lastly, under the
Postal Service directives system, the Purchasing Manual is now a Manual
rather than a Publication. As the first issuance in this category, it is
designated Issue 1.
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