The CA is appointed by the VP, SM, and is generally responsible for promoting competition throughout the purchasing process, challenging barriers to the competition of Postal Service requirements, and assisting purchase/SCM teams in the development of effective supply chain management (SCM) solutions and obtaining best value. More specifically, the CA completes an independent review of all NPRs for purchases valued at $1 million or more, provides independent advice to contracting officers regarding proposed noncompetitive purchases, and produces an annual report on noncompetitive purchase activity; the report is submitted to the VP, SM, and posted on-line for both internal Postal Service and public audiences.
During the review, the CA should consider the following questions:
After the review of the NPR is complete, the CA must prepare his/her recommendations to the contracting officer. This recommendation should provide advice to the contracting officer during his/her evaluation and recommendation on the NPR.
The contracting officer reviews the NPR and performs a written evaluation of the proposed supplier’s past performance and supplier capability and any other matter he or she believes will lead to a more informed and effective purchase decision, including the Competition Advocate’s guidance if applicable. The contracting officer must document his or her approval or disapproval if within his or her delegated authority, or forward his or her recommendation through the management chain to the appropriate approval authority. The contracting officer’s or approval authority’s approval of the NPR does not constitute approval of contract award, and, in all cases, the contracting officer is required to negotiate reasonable pricing and terms and conditions prior to contract award, including review of relevant market pricing, when applicable, and a determination that the contract price is fair and reasonable.
If the parties should disagree as to purchase method, they should collaborate in order for the final purchase method determination or recommendation to be made. This collaboration will provide the requesting organization with the opportunity to bring forth any new or changed information which may affect the opinions of the contracting officer and approval authority. The CA may assist in these deliberations.
The portfolio managers (Facilities, Mail Equipment, Services, Supplies, and Transportation) within Supply Management may approve purchase method recommendations for noncompetitive purchases valued up to $10 million, except for noncompetitive purchases of professional, technical, and consultant services valued at $1 million or more. Requests for noncompetitive professional, technical, and consultant services purchases valued at $1 million or more, and all other noncompetitive purchases valued at $10 million or more, must be reviewed and approved by the VP, SM. Portfolio managers may delegate up to $250,000 of this purchase method approval authority to subordinate Team Leaders or managers in the applicable purchasing organizations.
All noncompetitive contract awards valued at more than $1 million must be publicized in the Government Point of Entry (GPE) and other media, as appropriate.
See section 2-40.3.2, Contract Files for Noncompetitive Contracts, for information on required documentation.
