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The review of a noncompetitive contractual action must focus on the following:
- Whether the proposed action complies with the Postal Service’s purchasing regulations contained in 39 CFR Part 601 and applicable guidance contained in the SPs and Ps, management instructions, or other corporate directives.
- Whether exceptions or deviations to the supplying principles, practices, provisions, or clauses have been documented and previously approved.
- The Noncompetitive Purchase Request, and whether all elements have been addressed fully and completely, and all necessary signatures and certifications have been made in accordance with the Management Instruction on Noncompetitive Purchases.
- The advice provided by the Competition Advocate for purchases of $1 million or more and the contracting officer’s response to any recommendations from the Competition Advocate.
- The contracting officer’s evaluation of the NPR and recommendation.
- Whether the contract file adequately documents the supplier’s proposal, evaluation of submitted proposal information, price or cost analysis, negotiations and the results, and the best value decision.
- Whether the contract file contains a determination that the contract price is fair and reasonable and a description of how the contracting officer made that determination.
- Ethics considerations, including potential conflicts of interest and post-employment matters.
- If cost and pricing data were certified by the supplier, the contracting officer’s documentation of the extent to which he or she relied upon the certified cost or pricing data in negotiating the final price.
- Whether the contract file contains sufficient documentation to permit a third party not directly involved in the transaction to review and understand the process and the business decision(s) that have led to the proposed action.
- Any other applicable considerations the reviewer deems important to the purchase action.
The approving authority must signify his or her review and approval for the record. The contract file must maintain and include the approving authority’s review and approval documentation. Such documentation also includes any review and approval authority’s questions and recommendations as well as the disposition of such questions during the approval process.
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