Clause 4-1 General Terms and Conditions (July 2007)
a. Inspection and Acceptance. The supplier will only tender for
acceptance those items that conform to the requirements of this
contract. The Postal Service reserves the right to inspect or test
supplies or services that have been tendered for acceptance. The
Postal Service may require repair or replacement of nonconforming
supplies or reperformance of nonconforming services at no increase in
contract price. The Postal Service must exercise its post acceptance
rights (1) within a reasonable period of time after the defect was
discovered or should have been discovered and (2) before any
substantial change occurs in the condition of the items, unless the
change is due to the defect in the item.
b. Assignment. If this contract provides for payments aggregating $10,000
or more, claims for monies due or to become due from the Postal
Service under it may be assigned to a bank, trust company, or other
financing institution, including any federal lending agency, and may
thereafter be further assigned and reassigned to any such institution.
Any assignment or reassignment must cover all amounts payable and
must not be made to more than one party, except that assignment or
reassignment may be made to one party as agent or trustee for two or
more parties participating in financing this contract. No assignment or
reassignment will be recognized as valid and binding upon the Postal
Service unless a written notice of the assignment or reassignment,
together with a true copy of the instrument of assignment, is filed with:
(1) The contracting officer;
(2) The surety or sureties upon any bond; and
(3) The office, if any, designated to make payment, and the
contracting officer has acknowledged the assignment in writing.
(4) Assignment of this contract or any interest in this contract other
than in accordance with the provisions of this clause will be
grounds for termination of the contract for default at the option of
the Postal Service.
(1) The contracting officer may, in writing, without notice to any
sureties, order changes within the general scope of this contract
in the following:
(a) Drawings, designs, or specifications when supplies to be
furnished are to be specially manufactured for the Postal
Service in accordance with them;
(b) Statement of work or description of services;
(c) Method of shipment or packing;
(d) Places of delivery of supplies or performance of services;
(e) Delivery or performance schedule;
(f) Postal Service furnished property or facilities.
(2) Any other written or oral order (including direction, instruction,
interpretation, or determination) from the contracting officer that
causes a change will be treated as a change order under this
paragraph, provided that the supplier gives the contracting officer
written notice stating (a) the date, circumstances, and source of
the order and (b) that the supplier regards the order as a change
(3) If any such change affects the cost of performance or the delivery
schedule, the contract will be modified to effect an equitable
(4) The supplier's claim for equitable adjustment must be asserted
within 30 days of receiving a written change order. A later claim
may be acted upon - but not after final payment under this
contract - if the contracting officer decides that the facts justify
(5) Failure to agree to any adjustment is a dispute under Clause B-9,
Claims and Disputes, which is incorporated into this contract by
reference (see paragraph s). Nothing in that clause excuses the
supplier from proceeding with the contract as changed.
(1) The supplier's invoices must be submitted before payment can be
made. The supplier agrees that submission of an invoice to the
Postal Service for payment is a certification that:
(a) Any services being billed for have been performed in
accordance with the contract requirements; and
(b) Any supplies for which the Postal Service is being billed
have been shipped pr delivered in accordance with the
instructions issued by the contracting officer and that the
supplies are in the quantity and of the quality designated in
(2) To ensure prompt payment, an original invoice (or electronic
invoice, if authorized) must be submitted to the address
designated in the contract to receive invoices for each
destination and shipment. An invoice must contain:
(a) The supplier's name, remit to address (including ZIP+4_)
and phone number;
(b) Unique invoice number and invoice date;
(c) Any applicable task or delivery order number;
(d) A description of the supplies or services and the dates
delivered or performed;
(e) contract - if the contracting officer decides that the facts
justify such action.The point of shipment or delivery;
(f) Quantity, unit of measure, unit price(s) and extension(s) of
the items delivered;
(g) Shipping and payment terms, including GBL number if
(h) Any additional information required by the contract.
h. Patent Indemnity. The supplier will indemnify the Postal Service and its
officers, employees and agents against liability, including costs for
actual or alleged direct or contributory infringement of, or inducement to
infringe, any United States or foreign patent, trademark, or copyright,
arising out of the performance of this contract, provided the supplier is
reasonably notified of such claims and proceedings.
(1) Payment will be made for items accepted by the Postal Service
that have been delivered to the delivery destinations set forth in
this contract. The Postal Service will make payment in
accordance with the Prompt Payment Act (31 U.S.C. 3903) and 5
CFR 1315. Payments under this contract may be made by the
Postal Service either by electronic funds transfer (EFT), check, or
government credit card at the option of the Postal Service. When
the EFT payment method is selected, the Postal Service will
provide the supplier with Form 3881, Supplier's Electronic Funds
Transfer Enrollment Form, at contract award. The supplier must
complete the form and submit it to the designated Postal
Accounting Service Center to ensure the proper routing of
(2) In conjunction with any discount offered for early payment, time
will be computed from the date of the invoice. For purposes of
computing the discount earned, payment will be considered to
have been made on the date which appears on the payment
check or the date on which an electronic funds transfer was
j. Risk of Loss. Unless the contract specifically provides otherwise, risk of
loss or damage to the supplies provided under this contract will remain
with the supplier until, and will pass to the Postal Service upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b.
(2) Delivery of the supplies to the Postal Service at the destination
specified in the contract, if transportation is f.o.b. destination.
k. Taxes. The contract price includes all applicable federal, state, and
local taxes and duties.
l. Termination for the Postal Service's Convenience. The Postal Service
reserves the right to terminate this contract, or any part hereof, for its
sole convenience. In the event of such termination, the supplier must
immediately stop all work and must immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this
contract, the supplier will be paid a percentage of the work performed
prior to the notice of termination, plus reasonable charges the supplier
can demonstrate to the satisfaction of the Postal Service using its
standard record keeping system, have resulted from the termination.
The supplier will not be paid for any work performed or costs incurred
which reasonable could have been avoided.
m. Termination for Default. The Postal Service may terminate this contract,
or any part hereof, for default by the supplier, or if the supplier fails to
provide the Postal Service, upon request, with adequate assurances of
future performance. In the event of termination for default, the Postal
Service will not be liable to the supplier for any amount for supplies or
services not accepted, and the supplier will be liable to the Postal
Service for any and all rights and remedies provided by law. The
debarment, suspension, or ineligibility of the supplier, its partners,
officers, or principal owners under the Postal Service's procedures (see
39 CFR Part 601) may constitute an act of default under this contract,
and such act will not be subject to notice and cure pursuant to any
termination of default provision of this contract. If it is determined that
the Postal Service improperly terminated this contract for default, such
termination will be deemed a termination for convenience.
n. Title. Unless specified elsewhere in this contract, title to items furnished
under this contract will pass to the Postal Service upon acceptance,
regardless of when or were the Postal Service takes physical
o. Warranty. The supplier warrants and implies that the items delivered
under this contract are merchantable and fit for the use for the
particular purpose described in this contract.
p. Limitation of Liability. Except as otherwise provided by an express or
implied warranty, the supplier will not be liable to the Postal Service for
consequential damages resulting from any defect or deficiencies in
q. Other Compliance Requirements. The supplier will comply with all
applicable Federal, State, and local laws, executive orders, rules and
regulations applicable to its performance under this contract.
r. r. Order of Precedence. Any inconsistencies in this solicitation or
contract will be resolved by giving precedence in the following order;
(1) the schedule of supplies and services; (2) the Assignment,
Disputes, Payments, Invoice, Other Compliances and Compliance with
Laws Unique to the Postal Service Contracts paragraphs of this clause;
(3) the clause at 4-2 Contract Terms and Conditions Required to
Implement Policies, Statutes or Executive Orders; (4) addenda to this
solicitation or contract, including any license agreements for computer
software; (5) solicitation provisions if this is a solicitation; (6) other
paragraphs of this clause; (7) Form 8203; (8) other documents,
exhibits, and attachments, and (9) the specifications.
s. Incorporation by Reference. Wherever in this solicitation or contract a
standard provision or clause is incorporated by reference, the
incorporated term is identified by its title, the provision or clause
number assigned to it in the Postal Service Supplying Practices and its
date. The text of incorporated terms may be found at
following clauses are incorporated in this contract by reference:
(1) B-1, Definitions
(2) contract - if the contracting officer decides that the facts justify
such action.B-9, Claims and Disputes
(3) B-15, Notice of Delay
(4) B-16, Suspensions and Delays
(5) B-19, Excusable Delays
(6) B-30, Permits and Responsibilities
t. Shipping. The supplier must deliver goods that meet the prescribed
physical limitations of the current U.S. Postal Service Domestic Mail
Manual either by its own personnel/equipment or by use of the United
States Postal Service, unless the contracting officer grants a waiver of
this requirement. The supplier is responsible for ensuring that the
packing and packaging are sufficient to protect the goods and ensure
usability upon receipt.
Clause 4-2 Contract Terms and Conditions Required to Implement
Policies, Statutes or Executive Orders (March 2006)
a. Incorporation by Reference
(1) Wherever in this solicitation or contract a standard provision or
clause is incorporated by reference, the incorporated term is
identified by its title, the provision or clause number assigned to it
in the Postal Service Supplying Practices. The text of
incorporated terms may be found at http://www.usps.com/
purchasing/purchasingpubs/pubsmenu The following clauses are
incorporated in this contract by reference:
(1) Clause 1-5, Gratuities or Gifts
(2) Clause B-9, Claims and Disputes
(3) Clause B-25, Advertising of Contract Awards
(4) Clause 9-1, Convict Labor
(5) Clause 9-5, Contract Work Hours and Safety Standards
Act - Safety Standards
(2) If checked, the following additional clauses are also incorporated
in this contract by reference:
(Contracting officer will check as appropriate.)
(1) Clause 1-1, Privacy Protection ___
(2) Clause 1-6, Contingent Fees ___
(3) Clause 1-9, Preference for Domestic Supplies___
(4) Clause 1-10, Preference for Domestic Construction
(5) Clause 3-1, Small, Minority, and Woman-owned Business
Subcontracting Requirements ___
(6) Clause 3-2, Participation of Small, Minority, and
Woman-owned Businesses ___
(7) Clause 9-2, Contract Work Hours and Safety Standards Act -
Overtime Compensation ___
(8) Clause 9-3, Davis-Bacon Act ___
(9) Clause 9-6, Walsh-Healey Public Contracts Act __
(10) Clause 9-7, Equal Opportunity ___
(11) Clause 9-10, Service Contract Act ___
(12) Clause 9-11, Service Contract Act - Short Form
(March 2006) ___
(13) Clause 9-12, Fair Labor Standards Acts and Services
Contract Act - Price Adjustments ___
(14) Clause 9-13, Affirmative Action for Handicapped
(15) Clause 9-14, Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era ___
b. Examination of Records.
(1) Records. "Records" includes books, documents, accounting
procedures and practices, and other data, regardless of type and
regardless of whether such items are in written form, in the form
of computer data, or in any other form.
(2) Examination of Costs. If this is a cost-type contract, the supplier
must maintain, and the Postal Service will have the right to
examine and audit all records and other evidence sufficient to
reflect properly all costs claimed to have been incurred or
anticipated to be incurred directly or indirectly in performance of
this contract. This right of examination includes inspection at all
reasonable times of the supplier's plants, or parts of them,
engaged in the performance of this contract.
(3) Cost or Pricing Data. If the supplier is required to submit cost or
pricing data in connection with any pricing action relating to this
contract, the Postal Service, in order to evaluate the accuracy,
completeness, and currency of the cost or pricing data, will have
the right to examine and audit all of the supplier's records,
including computations and projections, related to:
(a) The proposal for the contract, subcontract, or modification;
(b) The discussions conducted on the proposal(s), including
those related to negotiating;
(c) Pricing of the contract, subcontract, or modification; or
(d) Performance of the contract, subcontract or modification.
(4) Reports. If the supplier is required to furnish cost, funding or
performance reports, the contracting officer or any authorized
representative of the Postal Service will have the right to examine
and audit the supporting records and materials, for the purposes
(a) The effectiveness of the supplier's policies and procedures
to produce data compatible with the objectives of these
(b) The data reported.
(5) Availability. The supplier must maintain and make available at its
office at all reasonable times the records, materials, and other
evidence described in paragraphs (a) through (d) of this clause,
for examination, audit, or reproduction, until three years after final
payment under this contract or any longer period required by
statute or other clauses in this contract. In addition:
(a) If this contract is completely or partially terminated, the
supplier must make available the records related to the
work terminated until three years after any resulting final
termination settlement; and
(b) The supplier must make available records relating to
appeals under the claims and disputes clause or to litigation
or the settlement of claims arising under or related to this
contract. Such records must be made available until such
appeals, litigation or claims are finally resolved.
Note: (Note to contracting officers: Any contemplated changes to
this paragraph (b.) may not be made before (1) consulting with
assigned counsel and the Office of the Inspector General and (2) a
deviation has been reviewed and approved by a higher level than
the contracting officer who holds deviation approval authority.
Clause 4-3 (Reserved) (March 2006)
Clause 4-4 Nondisclosure (Professional Services) (March 2006)
The supplier acknowledges that confidential information might be generated
or made available during the course of performance of this agreement. In
addition to the restrictions on disclosure established under the supplier's
code of ethics, the supplier specifically agrees not to disclose any information
received or generated under this contract, unless its release is approved in
writing by the contracting officer. The supplier further agrees to assert any
privilege allowed by law and to defend vigorously Postal Service rights to
Clause 4-5 Inspection of Professional Services (March 2006)
a. The contracting officer may, at any time or place, inspect the services
performed and the products, including documents and reports. No
matter what type of contract is employed, and in addition to any specific
standards of quality set out in this agreement, the contracting officer
may reject any services or products that do not meet the highest
standards of professionalism. No payment will be due for any services
or products rejected under this clause.
b. Acceptance of any product or service does not relieve the supplier of
the duties imposed by supplier's code of professional ethics, and the
supplier remains liable for the period allowed under federal law for
claims by the United States, for any errors or omissions occurring
Clause 4-6 Invoices (Professional Services) (March 2006)
a. In addition to the information required elsewhere in this agreement, all
invoices for services under this agreement must indicate in detail the
(1) Person performing service each day by hour and part of an hour.
(2) Services performed each day by hour and part of an hour.
(3) Rates and charges for each service so detailed.
(4) Individual expenses charged, if allowed under this agreement.
b. Minimum charges for portions of an hour may be allowed, if such a
charging practice has been disclosed before award of this agreement.
Clause 4-7 Records Ownership (March 2006)
Notwithstanding any state law providing for retention of rights in the records,
the supplier agrees that the Postal Service may, at its option, demand and
take without additional compensation all records relating to the services
provided under this agreement. The supplier must turn over all such records
upon request but may retain copies of documents produced by the supplier.
Clause 4-8 Key Personnel (March 2006)
a. To the extent that the statement of work provides for services to be
performed by key personnel, those services must be performed by the
personnel identified in the supplier's proposal to perform them unless
substitutes have been approved in writing by the contracting officer.
Use of junior personnel, even under key personnel supervision (for
example, associates or student workers), is not authorized unless they
are identified in the supplier's proposal by name or position, with a
description of their duties.
b. This agreement may be terminated if the key personnel named in the
supplier's proposal become unavailable for any reason. If the
unavailability of key personnel is not the fault of the supplier, the
contracting officer may terminate by giving notice of termination. The
supplier will be paid for service performed up to the date of termination.
If the contracting officer finds that the supplier is at fault for the
unavailability of key personnel, the agreement may be terminated for
Clause 4-9 Inspection and Acceptance - Systems (March 2006)
a. System Acceptance Performance Criteria - Postal Service Testing.
The proposed system will be considered acceptable to the Postal
Service when the Postal Service's personnel have verified that the
system has been installed and made ready for use and the
performance test has been conducted in accordance with the
acceptance performance criteria specified. No system will be certified
as ready for use until all equipment and software for that site, as
specified on the delivery order, are ready for use.
b. Standard of Performance and Acceptance of System. A standard of
performance must be met before any system (equipment, software, or
other material) is accepted by the Postal Service. These procedures
also apply to replacement of substituted equipment, and software, or
other material added or field modified after a successful performance
trial has been completed on the system.
(1) The performance period begins when the supplier has certified
that the system and software are ready for use and ends when
the system has met the standard of performance period of 30
consecutive calendar days by operating at an effectiveness level
of 95 percent or more.
(2) In the event the system does not meet the standard of
performance during the initial 30 days, the test must continue on
a day-by-day basis until the standard of performance is met for a
total of 30 consecutive calendar days.
(3) If the system hardware or software fails to meet the standard of
performance after 90 calendar days from the installation date, the
Postal Service may, at its option, request a replacement or
terminate the contract.
(4) The effectiveness level for a system (as a percentage) is
computed by dividing the operational use time by the sum of that
time plus system failure downtime and multiplying by 100.
(5) The effectiveness level for an added, field-modified, substituted, or
replacement machine is a percentage figure. This figure is
determined by dividing the operational use time of the machine by
the sum of that time plus downtime resulting from equipment or
software failure of the machine being tested and multiplying by 100.
(6) Operational use time for performance testing of a system is
defined as the accumulated time during which the system is in
actual operation in accordance with the acceptance test plan.
(7) Operational use time for performance testing of a machine added,
field-modified, substituted, or replaced is defined as the
accumulated time during which the machine is in actual use in
accordance with the acceptance test plan.
(8) System failure downtime is that period of time when any machine
in the system is inoperable because of equipment or software
(9) During a period of system downtime, the Postal Service may use
operable equipment when such action does not interfere with
maintenance of the inoperable equipment. The entire system will
be considered down during such periods.
(10) Downtime for each incident begins at the time the Postal Service
makes a bona fide attempt to contact the supplier's designated
representative, at the prearranged contact point, and ends when
the system or machine is again operating. Downtime excludes
actual travel time required by the supplier's maintenance
personnel in excess of two hours on the day the service was
(11) As a basis for computing the effectiveness level, a minimum of
100 hours of operation use time for a system with productive or
Postal Service-provided simulated work will be required during
the performance period. However, in computing the effectiveness
level, the actual number of operational hours must be used when
in excess of the minimum of 100 hours.
(12) The Postal Service maintains appropriate daily records to satisfy
the performance requirements and will notify the supplier, in
writing, the date of the first day of a successful performance
(13) Equipment, software, or other material will not be accepted and
payment will not be made until the standard of performance is
met. The date of acceptance and payment begins the first day of
a successful performance period.
(14) Operational use time and downtime will be measured in hours
and whole minutes.
c. Acceptance Test Plan. The offeror's proposal must provide a
preliminary version (detailed outline) of an acceptance test plan. A
completed plan must be submitted 5 working days after contract award.
The Postal Service will review the plan within 10 working days after
submission. The Postal Service reserves the right to disapprove the
plan, and the offeror must correct unacceptable areas before
resubmission. The approved acceptance test plan will form the basis for
testing during the performance period. The supplier-furnished plan
must include rerunning those portions of the test demonstration
applicable to the configuration. The plan must provide for running
actual Postal Service work as it is available during the performance
period. The execution of the test plan must meet the performance
criteria specified in this contract.
d. Inspection and Acceptance of Maintenance
(1) All services (includes services performed, materials furnished or
used in performance or service, and workmanship in the
performance of services) is subject to inspection and test by the
Postal Service, to the extent practicable at all times and places
during the term of the contract. The Postal Service must conduct
inspections in such a manner as not to delay work.
(2) If any services performed do not conform to the requirements of
this contract, the Postal Service may require the supplier to
perform the services again in conformity with the contract
requirements at no additional increase in total contract price.
When the services to be performed are such that the defect
cannot be corrected by reperformance, the Postal Service may:
(a) Require the supplier to immediately take all necessary
steps to ensure future performance of the services in
conformity with the contract requirements;
(b) Reduce the contract price to reflect the reduced value of the
services performed; or
(c) Terminate this part of the contract
(3) In the event the supplier fails to promptly perform the services
again or to take the necessary steps to ensure future
performance of the services in conformity with the contract
requirements, the Postal Service may terminate this contract for
default as provided in the Default clause.
(4) The supplier must provide and maintain an inspection system
acceptable to the Postal Service covering the services to be
performed. The supplier's records of all inspection work must be
kept complete and must be available to the Postal Service during
the term of this contract and for such longer period as may be
specified elsewhere in this contract.
Clause 4-10 Liquidated Damages - Industrial Supply or Service Items
Not Ready for Use (March 2006)
If individual supply or service items are not ready for use or not delivered but
the total system is operational, the supplier will be assessed liquidated
damages for each individual item of $ __________ (Contracting officer insert
amount) for each day's delay or ___________ (Contracting officer insert
fraction) of the total monthly charges for that item, whichever is greater.
Clause 4-11 Use of Hardware or Software Monitors (March 2006)
a. The supplier must permit inclusion or attachment of such devices as the
Postal Service may choose to employ for the purpose of examining or
measuring the activity within the computer system. These devices
include hardware monitors physically connected to the computer
system and software monitors that may require portions of the
computer system's control software to be displaced.
b. The supplier may not prohibit the installation of these devices unless
the particular device will cause significant or permanent damage to the
computer system. The supplier must assist the Postal Service in
identifying and locating device connections when requested by the
Postal Service if the supplier provides the services to other customers.
If attachments cause equipment failure, the Postal Service is liable for
any damage, and any maintenance credit provisions contained in this
contract do not apply.
Clause 4-12 Site Preparation (March 2006)
a. The supplier must furnish in writing site preparation specifications,
including communications requirements, as part of the systems
proposal. These specifications must be in such detail as to ensure that
the system to be installed will operate in accordance with the
requirements of this contract.
b. At the request of the Postal Service and within one week after
notification, the supplier must prepare, in cooperation with the Postal
Service, a detailed site plan tailored to the Postal Service's facility. The
detailed site plan supplements the general specifications furnished as
part of the systems proposal.
c. The Postal Service will prepare the site as its own expense in
accordance with the supplier's specifications and will maintain these
site requirements throughout the contract term.
d. If any alterations or modifications in site preparation are required
involving additional expense to the Postal Service and are due to
incomplete or erroneous specifications of the detailed site plan provided
by the supplier, those expenses will be assessed to the supplier.
e. Unless specified otherwise in the supplier's proposal, the Postal
Service will be responsible for purchasing, installation, and
maintenance of nonsupplier communication media necessary for the
remote transmission of data.
f. The supplier must inspect the site and furnish the Postal Service an
inspection report 15 days before the scheduled installation.
Clause 4-13 Software License Warranty and Indemnification
a. The supplier warrants that it has full power and authority to grant the
rights contained in this contract with respect to the software without the
consent of any other person. Neither the performance of the services
by the supplier nor the license to and use by the Postal Service of the
software and documentation (including copying) will in any way
constitute an infringement or other violation of any copyright, trade
secret, trademark, patent, invention, proprietary information,
nondisclosure, or other rights of any third party.
b. The supplier indemnifies and holds harmless (including reasonable
attorney's fees) the Postal Service and its employees or agents against
all liability to third parties arising from the negligence of the supplier or
its agents and the license to or use by the Postal Service of the
software, including but not limited to the violation of any third party's
trade secrets, proprietary information, trademark, copyright, or patent
rights in connection with the licensing of the software. The Postal
Service may, at this option, conduct the defense in any third-party
action, and the supplier promises fully to cooperate with this defense.
This indemnification is limited to the software delivered to the Postal
Service or as modified by the supplier, and does not cover third-party
claims arising from modifications by the Postal Service not authorized
by the supplier.
c. If a third-party claim causes the Postal Service's quiet enjoyment and
use of the software to be seriously endangered or disrupted, the
supplier must either:
(1) Replace the software, without additional charge, by a compatible,
functionally equivalent, and noninfringing product;
(2) Modify the software to avoid the infringement;
(3) Obtain a license for the Postal Service to continue use of the
software for the term of this contract, and pay for any additional
fee required for the license; or
(4) If none of these alternatives is possible even after the supplier's
best efforts, return a pro rata portion of the license, or ten years,
whichever is less.
Clause 4-14 Software Development Warranty (March 2006)
If at any time during the 12-month period immediately following acceptance,
the supplier or the Postal Service discovers defects or errors in the software
or any respect in which the software fails to conform to the provisions of any
other warranty contained in this contract, the supplier must, entirely at its own
expense, promptly correct the defects, errors, or nonconformity by, among
other things, supplying the Postal Service with corrective codes and making
additions, modification, or adjustments to the package as may be necessary
to keep the software in operating order in conformity with the warranties in
Clause 4-15 Warranty Exclusion and Limitation of Damages
a. Except as specifically provided in this contract, there are no warranties
express or implied. In no event will the supplier be liable to the Postal
Service for consequential damages, which are defined as:
(1) Any loss resulting from general or particular requirements and
needs known to the supplier at the time of contracting that could
not reasonably be prevented by cover or otherwise; and
(2) Injury to person or property in proximity resulting from any breach
b. The provisions of this clause do not apply to the supplier's obligation to
indemnify the Postal Service from third-party claims.
Clause 4-16 Substitution of Information Technology (March 2006)
This clause acknowledges that some of the contracted for equipment may not
be readily available or may permanently go out of production. Based on the
authority of this clause, the supplier may request a one-time or permanent
substitution of one or more contract line items. Such requests must be made
in writing to the contracting officer, with a copy to the COR.
The following conditions must be met:
a. The replacement item(s) must meet or exceed all contract
specifications that were applicable to the items being replaced.
b. The replacement item(s) must be priced equal to, or less than, the
item(s) being replaced.
c. The replacement item(s) must be reviewed, and be determined to be
acceptable by the Postal Service technical representative.
d. The replacement item(s) must be approved in writing by the contracting
officer and incorporated into the contract.
The supplier's request for a replacement may not exceed the required
delivery time of any items. Upon formal acceptance of a replacement, the
contracting officer may grant a day-to-day extension to the delivery schedule
for the time the Postal Service took to approve the replacement. No
extension may be granted in the case of unaccepted proposed replacements.
Clause 4-17 Technology Enhancement (March 2006)
(1) Enhancement, replacement, and upgrade are used
interchangeably throughout this clause.
(2) Cost to performance ration is a form of comparative
measurement and means the contracts costs of a given item or
configuration per a quantifiable unit of performance or capability,
such as (but not limited to) storage capacity (in megabytes),
speed (in megahertz), energy consumption efficiency, etc.
b. The supplier must propose technology enhancement of information
technology equipment, firmware, or software configurations being
provided under this contract whenever product lines of newer
technology become available that may save money, improve
performance, or save energy. All proposed upgrades must meet the
(1) All mandatory requirements of the contract must continue to be
(2) Overall contract life cycle costs may not increase as a result of
(3) The proposed upgrade or enhancement will: (1) either afford a
better cost to performance ration compared to existing contract
offerings/configurations; or (2) at minimum, must result in at least
equal operability, maintainability, reliability, and overall system
performance while providing some additional benefit or
advantage to the Postal Service.
(4) The replacement configuration proposal must be acceptable to
c. As a minimum, the following information must be submitted by the
supplier with each proposal:
(1) A description of the difference between the existing contract
requirement and the proposed change along with the comparative
advantages and disadvantages of each.
(2) Suggested contract requirements which should be changed if the
proposed technology enhancement is adopted.
(3) A complete pricing proposal that evidences the commerciality of
the pricing. (The price for the upgraded product, or configuration,
can be no greater than the standard commercial price of the
replacement product less a discount factor equal at least to the
discount afforded the Postal Service in the supplier's final
proposal for the original, taking into account the age of the
original product in its life cycle.
(4) An evaluation of the proposed change's effect on collateral costs,
costs of related items, and costs of maintenance and operation.
(5) Timing as to when the modification adopting the technology
enhancement must be issued to ensure the maximum benefit to
the Postal Service.
(6) Identify any effect on the contract completion or delivery
(7) Any other information that may be required by the contracting
d. Technology enhancements, as contemplated by this clause, will not be
added to the contract except by written, bilateral modification to the
e. The decision by the contracting officer to accept or reject any proposal
under this contract is final and not subject to the Disputes clause.
Clause 4-18 Information Technology Accessibility Standards
a. Information technology purchased under this contract or order must
conform to the applicable provisions of the Architectural and
Transportation Barriers Compliance Board's Electronic and Information
Technology Accessibility Standards (36 CFR part 1194) at the time of
delivery, except when the contracting officer has advised that
compliance is not required.
b. At the time of delivery, the supplier must provide documentation of the
commercial availability of accessibility features incorporating the
standards of the applicable provisions of 36 CFR part 1194 for the
commercial off-the-shelf products ordered under this contract.
Clause 4-19 Application Information Security Requirements
The Postal Service is committed to creating and maintaining an environment
that protects Postal Service application systems from accidental or intentional
unauthorized use, modification, disclosure, or destruction. Handbook AS-805,
Information Security, establishes Postal Service information security policies.
Handbook AS-805-A, Application Information Security Assurance (ISA)
Process, provides the process for identifying the sensitivity and criticality of
the application system, determining information security requirements for
protecting the application system, and ensuring appropriate, cost-effective
information security controls, mechanisms, and procedures are implemented
to protect the application system. If the supplier has not already performed
the following, it must, following contract award and before beginning contract
• Comply with the policies delineated in Handbook AS-805, Information
Security, and processes defined in Handbook AS-805-A, Application
Information Security Assurance (ISA) Process.
• Cooperate with the Postal Service in completing the application
Business Impact Assessment (BIA) to identify the sensitivity and
criticality of the application and to determine the information security
• Include and comply with the information security requirements
generated by the BIA and included in the contract or agreement.
• Coordinate ISA activities with the Postal Service's Corporate
Information Security Office (CISO).
• Complete ISA templates and provide applicable documentation and
deliverables to the CISO.
Supplier(s) are responsible for mitigating all security vulnerabilities identified
from site security reviews conducted by the Postal Service Inspection Service
and CISO, or audits conducted by the Office of the Inspector General.
Postal Service data may not be stored outside of postal premises or placed
onto laptops or other mobile media without the prior consent of the CO.
Requests to store Postal Service data on laptops or other mobile media are
sent to the CO. The CO will coordinate such requests with the CISO.