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Supplying Principles and Practices > USPS Supplying Practices Commodity Specific > Professional/Technical and Consultant Services
The Postal Service contracts for professional/technical and consultant
services when doing so makes good business sense in light of available
personnel resources. For example, short-term expertise may be necessary to
assist in the development of new customer service programs or to manage
spikes in operational workload. In other cases, long-term contracts for these
services may prove more fiscally and technically beneficial than the use of
career employees. When contemplating contracting for these services, and
for personal services (see below), Purchase/SCM Teams must consider the
financial commitment and potential return on investment. For certain
requirements, such as those affecting craft positions and duties, additional
reviews and approvals are required; these include meeting legal and labor
agreement obligations set forth in Federal regulations and labor agreements.
In these cases, Purchase/SCM Teams must consult with Strategic Initiatives
at Headquarters. In addition, reviews and approvals are required for contracts
with former Postal Service officers, executives, and employees, regardless of
whether these individuals are contracted with directly or are employed or
proposed to be employed by a supplier, as discussed in the Contracts with
Former Postal Service Officers, Executives, and Employees, and Employees
and Their Immediate Families topic of the General Topics.
Conflicts of Interest. When purchasing professional/technical or consultant
services, Purchase/SCM Teams must pay particular attention to the potential
for organizational conflicts of interest, and consider using Clause 1-7:
Organizational Conflict of Interest, or a similar clause in the contract.
Definitions. Generally, professional services are those performed by
individuals or firms of recognized status, such as accounting, engineering,
law, and the sciences. Technical services are provided by individuals or firms
who are expert in a given field, such as information technology, training,
writing and editing, purchasing, marketing and demographics, and other such
areas. These services may be used to: (a) provide needed expertise on an
individual or group basis; (b) to supplement the career workforce as required
by workload; and (c) to provide turn-key services in support of postal
operations.
Licenses. When prequalifying or purchasing professional services for which
individuals are normally required to be licensed (such as medical, legal,
accounting, and architecture), licenses must be required as a prerequisite to
prequalification or contract award. Acceptable licenses may be limited to
those issued by a particular state or entity, but only when local expertise is
necessary to successful performance.
Required Clauses. All contracts for professional/technical services must
include the following clauses:
• Clause 4-4: Nondisclosure (Professional Services). This clause
may be modified after consultation with assigned legal council.
• Clause 4-5: Inspection of Professional Services. The clause
provides for inspection of the supplier's work product and
acceptance of only those products that meet reasonable
professional standards. The clause is to be used in lieu of, not in
addition to, the standard inspection language contain in
Clause 4-1: General Terms or Conditions, or for Clause 2-1:
Inspection and Acceptance, when used as a substitute for
Clause 4-1.
• Clause 4-7: Records Ownership. The clause gives the Postal
Service ownership of contract files, including copies of all supplier
work papers. While this clause is mandatory for professional
service contracts, Purchase/SCM Teams have to decide whether
to include it or not in technical services contracts, depending on
the nature of the service.
Depending on the particular purchase, the following clauses should be
included in contracts for professional/technical services:
• Clause 4-6: Invoices (Professional Services). This clause is
included in all non-fixed-price contracts for professional/technical
services. The clause requires presentation of invoices showing
who performed the services, the hours and partial hours of
service provided each day, and the services provided each hour
or partial hour. Suppliers may be allowed to set minimum charges
for partial hours or days.
• Clause 4-8: Key Personnel. This clause requires use of the key
personnel identified in the supplier's proposal, unless the
Contracting Officer approves substitution, and provides for
contract termination for failure to comply.
• Clause 1-1: Privacy Protection, must be included as applicable.
See the discussion in the Privacy Considerations topic of the
General Practices.
Definition. Consultant services are services provided by expert individuals or
firms possessing exceptional qualifications in a particular technical or
professional field. They are used to enhance the understanding of complex
issues and to provide new insights into alternate solutions to, or make
recommendations on, business or decision-making functions of a postal
organization. Consultants neither involve themselves in the day-to-day
operations of Postal Service organizations except for study purposes, nor
work under the immediate direction and control of Postal Service employees.
Usually, consultant service suppliers provide reports or analyses as the
deliverable upon completion of their contractual duties.
Use. Consultant services are used to enhance the understanding of complex
issues and to provide new insights into alternate solutions to, or
recommendations on, business or decision-making functions of a postal
organization.
Definition. A personal services contract is a contract with an individual under
the terms of which the individual will:
1. Work under the direct supervision of postal personnel;
2. Work on postal premises and use postal equipment; and
3. Perform duties similar in nature to those of postal employees.
A personal services contract may create the appearance of an
employee-employer relationship, and may result in additional costs, such as
tax withholding. For this reason, Purchase/SCM Teams should strive to use
contracting vehicles other than personal services contracts, but, when
deemed appropriate, they may be used, subject to the reviews and approvals
discussed in the Contracts with Former Postal Service Officers, Executives,
and Employees, and Employees and Their Immediate Families topic of the
General Topics.
Use. Personal services contracts may be awarded for professional/technical
services but may not be awarded for consultant services.
Contracts. All personal services contracts should be written to ensure that the
Postal Service does not incur unnecessary costs or liabilities. Purchase/SCM
Teams should work with assigned counsel to ensure that the interests of the
Postal service are protected in areas such as taxes, unemployment
liability, etc.
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