1 Authority, Responsibility and Policy1 Authority, Responsibility and Policy 1.1 Authority and...

1.1.1Authority, Responsibility and Policy

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1May 19, 2005Updated With Postal Bulletin Revisions Through January 19, 2006

1 Authority, Responsibility and Policy

1.1 Authority and Responsibility

1.1.1 Background1. The United States Postal Service was established by the Postal

Reorganization Act (PRA), Public Law 91-375 (codified at Title 39 of theUnited States Code) as an independent establishment within theexecutive branch whose purpose it is to bind the nation through thepersonal, educational, literary, and business correspondence of theAmerican people. The Postal Service operates from its own revenuesin providing its public service. Since it was established, it has facedrapidly increasing competition from both technology and businessestargeting market niches within the postal product line. Consequently,the Postal Service’s ability to provide efficient, economical service isdriven by market forces.

2. The Postal Service acquires property and services in accordance withthe PRA and all other applicable laws enacted by Congress. ThePostal Service has promulgated regulations governing the acquisition ofgoods and services at 39 C.F.R Part 601. The public should referenceboth the PRA and the regulations for guidance regarding the PostalService’s purchasing regulations. These Interim Internal PurchasingGuidelines are not binding regulations of the Postal Service. The publicshould be guided by and may rely on the regulations of the PostalService at 39 CFR Part 601 and by the terms of specificsolicitations/requests for proposals rather than these Guidelines, whichare intended for internal use only to assist the Postal Service inobtaining best value and efficiently conducting its supply chainfunctions. These Interim Internal Purchasing Guidelines are advisoryand illustrative of approaches that may generally be used by PostalService employees, but are intended to provide for flexibility anddiscretion in their application to specific business situations. TheseInterim Internal Purchasing Guidelines, therefore, create no rights,substantive or procedural, enforceable against the Postal Service.

1.1.2 Interim Internal Purchasing Guidelines

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2 May 19, 2005Updated With Postal Bulletin Revisions Through January 19, 2006

3. These Guidelines are intended to provide Postal Service purchaseteams with general directions and flexible guidance when purchasinggoods and services. They are interim because the Postal Service iscurrently developing a set of Business Principles and Practices focusedon the supply chain management business philosophy that will replacethese guidelines in the near future. These guidelines apply to allpurchasing activities except those unique to real estate and relatedservices (see 1.1.2.a.1).

1.1.2 Responsibility for These Guidelines1.1.2.a Vice President, Supply Management. The Vice President (VP), Supply

Management (SM), is responsible for these guidelines. In addition, the VPhas delegated related authority as follows:

1. Responsibility for guidelines unique to the acquisition, lease, anddisposal of real estate and to services related to those transactions hasbeen delegated to the Vice President, Facilities (see 1.5.2.r for adefinition of real estate and related services).

2. Responsibility for supplemental guidelines with respect to therequirement categories listed in Exhibit 4.5.2, Supplemental Policy andProcedural Authority, has been delegated to the positions described inthat exhibit.

1.1.2.b Supply Chain Management Advisory Committee. The Supply ChainManagement Advisory Committee (SCMAC) advises the VP, SM on thePostal Service’s strategic direction and how best SM can further the PostalService’s business and competitive objectives. The members of the SCMACare:

1. The VP, SM (Chair)

2. The VP and Chief Technology Officer

3. The VP, Engineering

4. The VP, Facilities

5. The VP, Network Operations Management, and

6. The Deputy General Counsel.

1.1.2.c Supply Chain Management Principles and Practices Committee. The SupplyChain Management Principles and Practices Committee (SMCPPC) overseesthe development of these guidelines. In addition, the SMPPC reviews andevaluates proposed changes to these guidelines for the VP, SM and theSCMAC. The SMPPC meets at least annually. The members of theSMCPPC are:

1. The manager, Supply Management Infrastructure (the Chair).

2. The senior counsel, Contract Protests and Policies.

3. The manager, Facilities Portfolio.

4. The manager, Mail Equipment Portfolio.

5. The manager, Services Portfolio.

6. The manager, Supplies Portfolio.

1.3.1.bAuthority, Responsibility and Policy

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7. The manager, Transportation Portfolio.

8. The manager, Supply Chain Management Strategies.

9. The manager, Supply Management Operations. Representatives of theChief Technology Office, and the Vice Presidents, Engineering,Facilities, and Network Operations Management.

1.1.2.d Supply Management Infrastructure. The staff of Supply ManagementInfrastructure, SM, assists the SCMPPC in its deliberations.

1.2 Publication and Changes

1.2.1 Publication1.2.1.a Issuance. These guidelines are issued and maintained by the VP, SM, and

are published and available to users on the World Wide Web athttp://www.usps.com/business.

1.2.2 Changes1.2.2.a Proposed Changes. Individuals interested in proposing changes to these

guidelines may do so by sending the proposed change to the manager,Supply Management Infrastructure. Proposed changes should address thefollowing areas (supporting documentation should be included as necessary):

1. The text (chapter, part, etc.) in which the change is sought.

2. The proposed wording.

3. The rationale for the change.

4. Potential effects of the change in terms of cost and personnel.

5. Other documents or directives which will be affected by the proposedchange.

6. Any other relevant information.

1.2.2.b Issuance. Changes to these guidelines are made to the online version whenapproved by the VP, SM.

1.3 Deviations

1.3.1 General1.3.1.a Conformance with these guidelines promotes consistency and integrity

throughout Postal Service purchasing. There are circumstances, however,when departures are necessary or desirable. Deviations from the mandatoryrequirements of these guidelines may be authorized in such circumstances.

1.3.1.b The following are examples of deviations requiring authorization:

1. Omitting or modifying a provision or clause required by theseguidelines, supplementing a required provision or clause with another

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which modifies its substance or intent, or using a provision or clausethat differs from a required clause covering the same subject. However,using provisions or clauses included in these guidelines to replaceselected text contained in Provisions 4-1, Standard SolicitationProvisions, and 4-2, Evaluation, and Clause 4-1, General Terms andConditions, does not constitute a deviation and does not requireauthorization (see also 4.2.2.e and 4.2.7.d).

2. Using a clause that is inconsistent with the substance or intent of aclause covering the same subject, or inconsistent with the discussion ofthe subject, even when the clause is not required to be used verbatim.

3. Any procedure, method, or practice which is inconsistent with the theseguidelines, and any variance from the guidelines’ limitations on the useof clauses, procedures or types of contracts.

1.3.1.c The following are not deviations from these guidelines:

1. Clauses drafted specifically to meet unique requirements when notinconsistent with the substance or intent of a clause covering the samesubject.

2. Procedures or instructions that are (a) developed to meet specificoperational needs or the needs of specialized commodity areas and (b)approved by the VP, SM.

3. Interim procedures or instructions to (a) test new purchasingtechniques or methods, or (b) promote Postal Service efficiency.

1.3.2 Authorization of Deviations1.3.2.a Request for Authorization. Deviations must be authorized in advance of their

use. Contracting officers must forward a request through organizational levelsto an individual authorized deviation approval authority (see 1.3.2.b). Eachrequest must include:

1. Identification of the guideline from which deviation is sought.

2. A full description of the deviation and the period of time andcircumstances under which it will be used.

3. An explanation of why the deviation is necessary or desirable.

4. Copies of any documents involved, such as forms, clauses,memoranda of negotiations, or correspondence.

1.3.2.b Approval

1. The VP, SM, may approve any request for deviation regarding a singlepurchase or series of purchases.

2. Deviations concerning a single purchase may be approved regardlessof commodity group (supplies, services and equipment, design andconstruction and related services, and mail transportation and relatedservices) by any of the following:

(a) The manager, Facilities Portfolio.

(b) The manager, Mail Equipment Portfolio.

(c) The manager, Supply Management Operations.


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(d) The manager, Services Portfolio.

(e) The manager, Supplies Portfolio.

(f) The manager, Supply Chain Management Strategies.

(g) The manager, Supply Management Infrastructure.

(h) The manager, Transportation Portfolio.

3. Deviations concerning a single purchase of facility design, constructionand related services may be approved by the manager, Major FacilitiesPurchasing (this authority may be redelegated).

4. Deviations concerning a single purchase of mail transportation may beapproved by the manager, National Mail Transportation Purchasing(this authority may be redelegated).

1.3.2.c Records. Approval officials must keep copies of all deviation approvals.

1.4 Purchasing Authority

1.4.1 Vice President, Supply Management1.4.1.a General. The VP, SM, has unlimited contracting authority. This authority

includes the authority to award and administer contracts and to carry out allrelated responsibilities.

1.4.1.b Contracting Authority

1. General. The VP, SM, has delegated contracting authority, includingredelegation authority, throughout Postal Service purchasingorganizations. An individual contracting officer’s contracting and relatedauthorities are enumerated in his or her letter of delegation (see 1.4.2).

2. Special Purchases. The VP, SM, has delegated contracting authority forcertain special requirements to other Postal Service officials. Some ofthese delegations are set out in Exhibit 4.5.2, Supplemental Policy andProcedural Authority.

3. Local Buying Authority. In the Administrative Support Manual (ASM) theVP, SM, has delegated local buying authority to various positionsthroughout the Postal Service. Exhibit 1.4.1b, Local Buying Authorities,shows these delegations by position. Local buying authority is definedin 1.5.2.i.

4. Required Approvals. If a proposed contract award or modification willexceed $10 million, the VP, SM must give prior written approval to theindividual purchase plan and the proposed contract award ormodification (however, see 2.1.6.c.4 regarding noncompetitivepurchases). The VP’s written approval of the proposed contract awardor modification serves as the delegation of authority required by 1.4.2.dif the proposed award or modification exceeds the contracting officer’sdelegated authority. See 6.9.1.b for information regarding prior VPapproval of certain contract termination actions.


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Exhibit 1.4.1.bLocal Buying AuthoritiesAmount Position Commodity

$10,000 Officers/Vice Presidents at Headquarters Supplies, Services Capital Equipment

$10,000 Vice Presidents Area Operations Supplies, Services Capital Equipment

$10,000 Plant Managers, P&D Supplies, Services Capital Equipment

$10,000 District Managers Customer Services Supplies, Services Capital Equipment

$10,000 PCES Postmasters Supplies and Services

$10,000 Inspectors in Charge Supplies and Services

$2,000 Postmasters CAGs A–J, Vehicle Managers Supplies and Services

$1,000 Postmasters CAGs K&L Supplies and Services

1.4.2 Contracting Officers1.4.2.a General Responsibilities. Contracting officers have the authority to enter into,

administer, and terminate contracts and to make related decisions. They areresponsible for ensuring the performance of all actions necessary for efficientand effective purchasing, ensuring compliance with the terms of contracts,and with protecting the interests of the Postal Service in all of its contractualrelationships. Operating under these guidelines (and, when necessary,seeking and gaining approval for deviations to them), contracting officershave wide latitude to exercise sound business judgment based on thecompetitive and business needs of the Postal Service. In meeting theseresponsibilities, contracting officers are expected to consult and confer withtheir internal business partners and purchase teams (see 1.5.2.n for adefinition of purchase teams). Lastly, contracting officers are also responsiblefor managing supplier relationships by overseeing the integrity andeffectiveness of the purchasing process, ensuring that all suppliers aretreated in a business-like and objective manner, and maintaining effectivecommunications with suppliers during contract performance.

1.4.2.b Funding Availability. Contracting officers must ensure that sufficient funding isavailable before taking a contractual action (such as a purchase, modificationor termination) requiring additional funds.

1.4.2.c Delegations of Authority. Contracting authority is delegated to namedindividuals, rather than to positions, based on the individual’s education,experience and training. Only individuals with this delegated authority maycontractually bind the Postal Service. See Management InstructionAS-710-1999-2, Unauthorized Contractual Commitments. Information on thelimits of contracting officers’ authority must be readily available to the publicand to Postal Service personnel. Unless specifically limited in their letters ofdelegation, Postal Service contracting officers may award contractsregardless of commodity group (supplies, services and equipment, designand construction and related services, and mail transportation and relatedservices).

1.4.2.d Actions Exceeding a Contracting Officer’s Delegated Authority. A contractingofficer may take a contractual action (a purchase, modification, ortermination) exceeding his or her authority after receiving a written delegationof authority from a contracting officer delegated and authorized to redelegate


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the required authority. The delegation must be placed in the contract file.When determining the appropriate redelegation authority, contracting officersmust consider the anticipated total dollar value of the action.

1.4.3 Contracting Officers’ RepresentativesA contracting officer may delegate certain responsibilities to individuals to acton behalf of the contracting officer. These individuals are referred to ascontracting officers’ representatives (see also 4.4.3, 6.1.1.b, andManagement Instruction PM-610-2001-1, Contracting Officer’sRepresentative Program).

1.4.4 Appointment and Selection

1.4.4.a Appointment Authority

1. Contracting officers are appointed by the VP, SM, and by individualsdelegated that authority by the VP. Appointees to the position ofcontracting officer levels I through IV must be career employees ingood standing, and must meet the qualifications for the particular level(see 1.4.4.b.3).

2. Contracting officers must be appointed by letter and on Form 7378,Certificate of Appointment. The letter must state any limitations on thecontracting officer’s authority. Appointing officials must keep a record ofall letters of delegation and certificates of appointment, anddocumentation concerning the contracting officer’s education,experience and training related to the individual’s CO level.

1.4.4.b Selection

1. General. Appointing officials must ensure that contracting officers arefully qualified by education, experience and training to solicit, negotiate,award, and administer contracts on behalf of the Postal Service.

2. Contracting Officer Levels. Generally, contracting authorities aregrouped by contracting officer level. There are four general levels ofcontracting officer:

(a) Level I contracting officers. Generally, these contracting officersare delegated up to $100,000 of contracting authority, and up tothe maximum limit for orders placed against indefinite deliverycontracts and ordering agreements.

(b) Level II contracting officers. Generally, these contracting officersare delegated up to $1 million of contracting authority, and up tothe maximum limit for orders placed against indefinite deliverycontracts and ordering agreements.

(c) Level III contracting officers. Generally, these contracting officersare delegated up to $10 million of contracting authority, and up tothe maximum limit for orders placed against indefinite deliverycontracts and ordering agreements.

(d) Level IV contracting officers. Level IV contracting officers aredelegated unlimited contracting authority.

1.4.4.b Interim Internal Purchasing Guidelines

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3. Qualifications. Appointment to a particular contracting officer levelrequires progressively more exacting qualifications. However, allindividuals nominated to be contracting officers, with the exception ofthose individuals nominated and holding a certification described in (a)below must have baccalaureate degrees. The individual nominatedmust have earned at least 24 semester hours in subjects related topurchasing, such as accounting, business finance, commercial(business) law, economics, quantitative analysis, marketing, contractingor purchasing, organization, or management. The required 24 semesterhours may have been earned during the individual’s pursuit of abaccalaureate degree, or at any other time. In addition, the followingqualifications apply to contracting officers appointed by the VP, SM:

(a) Contracting Officer Level I:

(1) Experience: One year of experience performing substantivepurchasing tasks.

(2) Education: The following professional certifications mayserve as a substitute for the baccalaureate degree forlevel I contracting officers:

(i) Certified Professional Contract Manager from theNational Contract Management Association.

(ii) Certified Purchasing Manager from the Institute ofSupply Management.

(iii) Certified Public Purchasing Officer from the NationalInstitute of Governmental Purchasing.

(3) Training: Satisfactory completion of 32 hours of formaltraining in each of the following subjects:

(i) Fundamentals of Supply Management.

(ii) Contracting Methods and Principles.

If the contracting officer will be delegated purchasingauthority for design and construction purchases, thefollowing Postal Service training course is also required:

(iii) Introduction to Facilities R&A Contracting (this courseis available at the Postal Service’s Center forLeadership Development).

Note: The formal training may be obtained through an accreditedcollege or university, a federally sponsored program, a nationallyrecognized training organization, or a supply management-relatedprofessional association or organization.

(b) Contracting Officer Level II:

(1) Experience: Three years of current, progressively complexand responsible experience in performing competitive andnoncompetitive purchasing (not including simplifiedpurchasing). Generally, this experience must have beengained in intermediate level contracting positions.


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(2) Training: In addition to the training requirement of1.4.4.b.3.(a).(3), satisfactory completion of 32 hours offormal training in each of the following subjects:

(i) Negotiation Strategies.

(ii) Total Cost of Ownership/Cost and Price Analysis.

(iii) Contract Management/Administration.

(iv) Project Management.

(v) Contract Law.

If the contracting officer will be delegated purchasingauthority for design and construction purchases, thefollowing Postal Service training course is also required:

(vi) Contract Administration, Pricing, and Claims (thiscourse is available at the Postal Service’s Center forLeadership Development).

Note: The formal training may be obtained through anaccredited college or university, a federally sponsoredprogram, a nationally recognized training organization,or a supply management-related professionalassociation or organization.

(c) Contracting Officer Level III:

(1) Experience: Five years of current, progressively complexand responsible experience in soliciting, negotiating,awarding, and administering competitive andnoncompetitive purchasing actions. Ordinarily, thisexperience must have been in higher-level purchasingpositions.

(2) Training: In addition to the training requirement of1.4.4.b.3.(a).(3) and 1.4.4.b.3.(b).(2), satisfactorycompletion of 32 hours of formal training inPurchasing/Supply Management Advanced StrategicIssues.

Note: The formal training may be obtained through an accreditedcollege or university, a federally sponsored program, a nationallyrecognized training organization, or a supply management-relatedprofessional association or organization.(d) Contracting Officer Level IV. The holders of the following positions

are Level IV contracting officers:

(1) Manager, Facilities Portfolio.

(2) Manager, Mail Equipment Portfolio.

(3) Manager, SM Operations.

(4) Manager, Services Portfolio.

(5) Manager, Supplies Portfolio.

(6) Manger, Supply Chain Management Strategies.

(7) Manager, Supply Management Infrastructure.

(8) Manager, Transportation Portfolio.


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1.4.5 Waivers and Interim Appointments1.4.5.a Waivers. Waivers to the qualification requirements may be requested for

individuals who, due to their extraordinary experience or extraordinarycircumstances, should be granted contracting officer authority. Requestsmust be submitted through organizational levels to the VP, SM.

1.4.5.b Interim Appointments. Ordinarily, individuals will not be appointed ascontracting officers if they do not meet the relevant qualification criteria.However, when necessary, appointing officials may grant an interimappointment to an individual who has not yet completed necessary training oreducation. No interim appointment may exceed one year, and no interimappointment may be granted to an individual more than once if the individualfails to complete the required training or education.

1.4.6 Continuing ProfessionalismAll contracting officer appointments, regardless of level, must be reviewedannually by the appointing official in order to ascertain that the contractingofficer has maintained professional proficiency and otherwise remainsqualified. Therefore, contracting officers must:

1. Attend 21 hours of formal purchasing training covering such areas asnew requirements, techniques, or policies and procedures broughtabout by changes in statutes, regulations, business research, orevaluations of postal purchasing practices.

2. Maintain their professionalism through (a) attendance at seminars,conferences, meetings, or other professional activities and (b)performing coursework in contracting and purchasing commensuratewith their CO level and responsibilities. The appointing official willdetermine whether a particular CO’s efforts in these areas meet theprofessional development requirements.

3. Sustain and expand their knowledge of the purchasing field throughreading professional literature.

1.4.7 TerminationTermination of a contracting officer appointment may be made by anappointing authority or by the VP, SM. Terminations may be made for reasonssuch as reassignment, termination of employment, or unsatisfactoryperformance. The termination must indicate the effective date of termination.Termination of employment automatically terminates a contracting officer’sappointment. Terminations may not be made retroactively.

1.5 Meaning of Words and Terms

1.5.1 GeneralThe words and terms defined in this section have the meanings given in thissection whenever they are used in these guidelines, unless the context

1.5.2.lAuthority, Responsibility and Policy

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clearly indicates a different meaning or a different definition is given for aparticular section, part, solicitation provision or contract clause. Definitionsare in alphabetical order.

1.5.2 Definitions1.5.2.a Agreement. A set of pre-established terms and conditions negotiated

between the Postal Service and a supplier which only becomes a contractwhen an order is placed and accepted by the supplier. A contract is alwaysan agreement; but an agreement is not always a contract.

1.5.2.b Assigned Counsel. The person or persons assigned by the General Counselto provide legal advice to a VP or contracting officer.

1.5.2.c Change Order. A written order signed by the contracting officer directing thesupplier to make changes that the Changes clause (see paragraph c ofClause 4-1) authorizes the contracting officer to make without the specificconsent of the supplier.

1.5.2.d Contract. Any understanding that can be legally enforced, formed by two ormore parties who promise to perform or to refrain from performing some act.For purposes of this manual, a contract exists when there is a bilateralagreement, a unilateral order (such as a purchase order) by the PostalService that becomes effective upon performance by the other party, or abinding order under an agreement that did not in itself bind the parties.

1.5.2.e Contract Modification. A written alteration in the specifications, delivery point,rate of delivery, contract period, price, quantity or other provisions of anexisting contract whether made unilaterally under a provision in the contractor bilaterally by mutual parties to the contract. It includes such bilateralactions as supplemental agreements, and such unilateral actions as changeorders, administrative changes, notice of termination, and exercise of options.

1.5.2.f Contracting Officer. A person who has direct purchasing authority or hasbeen delegated purchasing authority (see 1.4). The term includes anauthorized representative of a contracting officer acting within the limits of theauthority delegated by the contracting officer.

1.5.2.g Days. This means calendar days unless working days are specified.

1.5.2.h Includes. This means “includes but is not limited to.”

1.5.2.i Local Buying Authority. The authority to locally buy and pay for day-to-dayoperational needs. Local buying authority may not be used for certaincommodities; see ASM 72 for more information regarding local buyingauthority.

1.5.2.j May. This is permissive. “May not” and “no [person or thing] may” mean thatthe act described is prohibited.

1.5.2.k Must. This is imperative.

1.5.2.l Performance Evaluation Factors. A standard by which the worth of a proposalis judged, included in solicitations so that prospective offerors will be aware ofthe elements of value that will help determine which proposals offers the best

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value to the Postal Service. There are two types of factors: proposal-specificand supplier-specific.

1.5.2.m Proposal. An offer that, if accepted, creates a contract. A proposal may bemade in response to a solicitation, or may be unsolicited.

1.5.2.n Purchase Team. A group of Postal Service internal business partners with aninterest in a specific purchase or series of purchases. In addition to otherresponsibilities, the contracting officer serves as the business leader of thepurchase team, and directs and oversees the purchase team’s efforts frompurchase planning to contract closeout.

1.5.2.o Purchasing. All activities related to the purchase of supplies, services,equipment, design and construction and related services, and mailtransportation, including planning, solicitation, source selection, contractaward, and contract administration. It does not include activities related to thedetermination of requirements.

1.5.2.p Purchasing Office. An organizational element responsible for the purchase ofsupplies, services and equipment, facility design and construction and relatedservices, or mail transportation.

1.5.2.q Quotation. A response to a request for quotation; it is informational incharacter, and, unlike a proposal, it is not an offer that can be accepted bythe Postal Service to form a binding contract.

1.5.2.r Real Estate and Related Services. The term real estate includes theacquisition of real property (including improvements on real property), andany interests in real property, by easement, license, sale, lease, or exchange;the disposal of real property (including improvements on real property); andany interests in real property, by easement, license, sale, lease, exchange;and the development and redevelopment of real property under leaseagreements, including acquisition, disposal, or development andredevelopment by contract or agreement with government entities at anylevel. Related services includes professional services, planning efforts,studies, and the like, in support of the acquisition, disposal, development andredevelopment of real estate (as defined above) including design/engineer,environmental, geo-technical, brokerage, legal, relocation, title, and similarservices (other than services in connection with Postal Service-financedconstruction.

1.5.2.s Services. The performance of identifiable tasks.

1.5.2.t Should. This means desirable but not required.

1.5.2.u Supplemental Agreement. A contract modification that is mutually agreed toby the parties.

1.5.2.v Supplies. Property and rights or interest in property of any kind except realproperty.

1.5.2.w Vice President. When not otherwise specified, means the Vice President ofSupply Management.

1.5.2.x Will. This signifies intent or obligation.

1.6.3.cAuthority, Responsibility and Policy

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1.6 General Policies

1.6.1 Business Objectives and PracticesThe primary goal of Postal Service purchasing is to support the PostalService’s business and competitive objectives. To meet this mandate,purchase teams, headed by the contracting officer, determine the mosteffective business practices for a given purchase. These business practicesinclude such matters as whether a purchase should be made competitively ornoncompetitively and whether suppliers should be prequalified. In makingthese determinations, purchase teams must consider the potentialramifications on other important business objectives, such as supplierdiversity, supplier relations, and the Postal Service’s obligation to bebusiness-like in, and accountable for, its actions.

1.6.2 Best ValueThe Postal Service awards its contracts to the suppliers offering the bestvalue to the Postal Service. What constitutes the best value will depend onthe goods or services being purchased. When a purchase is madecompetitively, best value is determined by the comparative analysis of thevalue contained in a proposal, taking into consideration such matters as thePostal Service’s business objectives, suppliers’ past performance andcapability, price and total cost of ownership, quality and risk (see, generally,2.1.9). Ordinarily, a best value determination is made by the purchase team,subject to applicable review and approval.

1.6.3 Competition1.6.3.a Generally, purchases valued at more than $10,000 should be made on the

basis of adequate competition, although, in some cases, purchase teamsmay decide during purchase planning that the most effective businesspractice is to make the purchase noncompetitively (see 2.1.6). Adequatecompetition means the solicitation of a sufficient number of qualified suppliersto ensure that the required quality and quantity of goods and services isobtained when needed and that the price is fair and reasonable.

1.6.3.b Contracting officers, working with the purchase team, must determine thatadequate competition has been obtained when competition is used. Inmaking that determination, contracting officers must take into account boththe Postal Service’s business objectives and its commitment to identifyingnew suppliers and providing opportunities for them to join the Postal Service’ssupplier base.

1.6.3.c Competition among prequalified suppliers is sufficient to meet the adequatecompetition standard.


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1.6.4 Contracts with Postal Service Employees and TheirImmediate Families

1.6.4.a Except as provided in b and c below, contracts may not be awarded to PostalService employees, their immediate families, or business organizationssubstantially owned or controlled by Postal Service employees or theirimmediate families. Postal Service employees means all postal officers andemployees, whether in full-time, part-time, career or noncareer positions,including specifically persons in temporary positions such as postmasterreplacements and rural carrier reliefs. Immediate family means spouse, minorchild or children, and individuals related to an employee by blood who areresidents of the employee’s household.

1.6.4.b The prohibition against contracting with Postal Service employees and theirimmediate families may be waived (all waivers must be in writing), by thecontracting officer for:

1. New real estate leases of interior space of 3,000 square feet or less.

2. Renewals of existing highway contract routes with immediate familymembers of a postal employee, subject to review and concurrence bythe Associate Ethical Conduct Officer.

3. Cleaning service contracts with immediate family members ofnonsupervisory employees.

4. The licensing of a patented invention that is the sole property of theemployee.

1.6.4.c This prohibition does not apply to the lease of an individual employee’svehicle in connection with his or her employment, and renewals andextensions of leases of interior space of 3,000 square feet or less. When todo so is in the best interests of the Postal Service, contracting officers mayrenew or extend existing leases of over 3,000 square feet from PostalService employees or their immediate families, or business organizationssubstantially owned or controlled by them, with the concurrence of theAssociate Ethical Conduct Officer (see 39 CFR 447.31).

1.6.5 Release and Exchange of Information1.6.5.a General. The Postal Service makes records, data, and information available

to the public to the maximum extent consistent with the Postal Service’sinterest, the privacy rights of customers, employees, and other individuals,ownership of rights in the data requested (see Chapter 8), and the need toprotect Postal Service and other confidential business information (includinginformation relating to the Postal Service’s commercial operations) fromdisclosure.

1.6.5.b Release. Records properly identified and requested by any member of thepublic must be made available, to the extent not exempt from disclosure, inaccordance with Handbook AS-353, Guide to Privacy and the Freedom ofInformation Act, and implementing regulations in 39 CFR 265.


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1.6.5.c Exchange. Subject to any restrictions on disclosure, the Postal Serviceexchanges information with other government agencies regarding theperformance of suppliers.

1.6.6 Privacy Protection1.6.6.a General. When required by 1.6.6.b below, contracts direct suppliers and

subcontractors to comply with Postal Service requirements protecting theprivacy of customer, employee, and other individual’s information, as well aspostal information and records. These requirements include the Privacy Actof 1974 (5 USC 552a), implementing regulations at 39 CFR 266-267, and theprivacy policy at www.usps.com/common/docs/privpol.htm.

1.6.6.b Clause 1-1, Privacy Protection. Clause 1-1, Privacy Protection, must beincluded in:

1. Contracts in which a supplier or subcontractor operates a Privacy Actsystem of records on the Postal Service’s behalf;

2. Contracts in which a supplier or subcontractor will have access to anyPostal Service customer information, including address information;

3. Contracts in which a supplier or subcontractor assists the PostalService in establishing or administering a customer Web site, or placeslinks or ad banners on a Postal Service Web site or any Web site onthe Postal Service’s behalf; and

4. Contracts in which a supplier or subcontractor assists the PostalService to conduct a marketing e-mail campaign.

1.6.7 Advance Payments and Progress Payments1.6.7.a General. Usually, the Postal Service pays for supplies and services after

delivery or performance. However, for some purchases, sources may beunavailable or competition too limited without the availability of advancepayments or progress payments.

1.6.7.b Advance Payments. Approval to make advance payments must be obtainedas required by Management Instruction FM-610-2003-1, Advance Payments.

1.6.7.c Progress Payments

1. If the dollar value of a prospective contract is within the contractingofficer’s delegated contracting authority, he or she may approve the useof progress payments for the particular contract. For contracts over$1,000,000 (excluding construction, architect/engineer and constructionmanagement contracts), progress payments must also be approved bythe VP, Finance.

2. Before approving progress payments, the contracting officer must makea written determination establishing that:

(a) Progress payments are in the Postal Service’s best interests.

(b) The supplier’s accounting system and controls are adequate forproper administration of progress payments, or their adequacywill be ascertained before contract award.

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(c) Monthly progress reports will be obtained from the supplier,showing progress of the work as related to progress paymentsmade.

1.6.7.d Clauses. Any contract providing for advance payments must include Clause1-2, Advance Payments. Any contract, other than a construction contract,providing for progress payments must include Clause 1-3, ProgressPayments. (For construction contracts, see Clause B-48, Payment(Construction).)

1.6.7.e Partial Payment. See 6.4.1.b regarding partial payments to suppliers.

1.6.8 Conflicts of Interest

1.6.8.a Organizational Conflicts of Interest

1. An organizational conflict of interest exists when the nature of the workto be performed under a contract may give an offeror an unfaircompetitive advantage, or when an offeror has other interests that mayimpair its objectivity or ability to perform satisfactorily. Such conflicts arenot limited to any particular type of purchase, but are more likely tooccur in contracts involving:

(a) Professional services (see 4.5.3).

(b) Consultant services (see 4.5.3).

(c) Performance of or assistance in technical evaluations.

(d) Projects that are procured in separate phases, such as designand then construction or research and development and thenproduction.

2. As part of purchasing planning (see 2.1) contracting officers, with theassistance of the purchase team, must attempt to identify potentialconflicts of interest so that they may be avoided or mitigated. When apotential conflict is foreseen, the contracting officer should consult withassigned counsel and obtain the assistance of appropriate technicalspecialists to mitigate or avoid conflict. Such mitigation actions mayinclude, but are not limited to, the development of solicitation provisionsrestricting competition to offerors not subject to a conflict of interest, ora contract clause limiting the supplier’s eligibility for future contracts orsubcontracts or other actions to mitigate or avoid an apparent conflictsuch as the adoption of measures to ensure as even a competition aspossible, as may be in the interest of the Postal Service and theofferors. Any limit on future contracts must be for a reasonable periodsufficient to avoid unfair competitive advantage or potential bias. See,for example, Clause 1-7, Organizational Conflict of Interest.

3. If it does not become apparent until proposals are received thatparticipation by a particular offeror could lead to a conflict of interestand unfair competition, the offeror may be disqualified and its proposalrejected, or the contracting officer may take such other actions asdeemed necessary in the interest of the Postal Service and the offerorsto avoid or mitigate the situation, acting in the interest of the Postal


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Service, and in consultation with assigned counsel and appropriatetechnical specialists to ensure a fair competition.

4. If the contracting officer determines to mitigate a situation that couldlead to a conflict or which appears to constitute a conflict of interest,such determination should be reduced to a written analysis of thecourse of action chosen. Such analysis should include a considerationof benefits and detriments to the Postal Service and the offerors andmay consider information provided by offerors in response to thesolicitation or obtained during negotiations.

5. The provisions of this section may be waived as to any procedure orrule by determining that its application in a particular situation would notbe in the Postal Service’s interest. Any such waiver should be in writingby the contracting officer and processed in accordance with 1.3.

1.6.8.b Participation by Members of Congress. The participation of members ofCongress in contracts or agreements made on behalf of the United States(including the United States Postal Service) is prohibited by 41 USC.section 22.

1.6.9 Standards of ConductPostal Service employees are held to the highest standard of conduct in theperformance of their duties, and must conduct themselves so as to avoideven the appearance of any impropriety. All employees must adhere to theStandards of Ethical Conduct for Employees of the Executive Branch,5 CFR 2635.

1.6.10 Gratuities or Gifts1.6.10.a Postal Service employees, with limited exceptions, are prohibited from

accepting gratuities or gifts from suppliers or persons seeking postalcontracts or other business under detailed rules prescribed in 5 CFR201-205.

1.6.10.b Clause 1-5, Gratuities or Gifts, which is incorporated by reference in Clause4-2, Terms and Conditions Required to Implement Policies, Statutes, orExecutive Orders, provides for termination of the contract for default upon afinding by the Postal Service Board of Contract Appeals that a supplier, or thesupplier’s agent or representative, offered or gave a gratuity or gift to a PostalService employee to obtain a contract or favorable treatment under acontract.

1.6.10.c Information or allegations concerning unlawful gratuities or gifts mustpromptly be referred to the Office of the Inspector General (OIG). If the OIGfinds evidence that an unlawful gratuity or gift was offered or given, thecontracting officer must determine whether debarment is appropriate (see3.7.1.d), in addition to actions taken under a specific contract.


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1.6.11 Supplier Clearances1.6.11.a ASM 272.3 requires that all individuals performing services pursuant to

Postal Service purchases (other than mail transportation contracts, see 4.4)who have access to occupied Postal Service facilities, and/or Postal Serviceinformation and resources, including Postal Service computer systems, mustobtain clearance before being provided that access. In accordance with thatregulation, the contracting officer and the purchase team determine, with theconcurrence of the Inspection Service, when a clearance requirement exists.

1.6.11.b Include Provision 1-1, Supplier Clearance Requirements, in any servicecontract, other than a mail transportation contract, for which a supplierclearance requirement exists.

1.6.12 Strategic AlliancesStrategic alliances are contractual agreements used to promote marketinginitiatives that benefit the Postal Service, enhancing postal businessperformance through increased revenues, reduced costs, or improvedcustomer satisfaction. They result in partnerships that combine the corestrengths, competitive advantages, or needs of the Postal Service with theattributes of other companies for mutual market advantage. Strategicalliances are not purchasing contracts, and may not be used to replace orsupplement the purchasing methods prescribed in these guidelines, which donot apply to strategic alliances. Handbook F-66D, Other Investment-RelatedPolicies and Procedures, contains further guidance on strategic alliances.

1.6.13 Domestic Preference1.6.13.a General. The Postal Service gives preference to domestic-source products

and materials when purchasing supplies and services. With respect toindividual purchases or purchase categories, the Postmaster General mayadopt more stringent standards for domestic manufacture when in the bestinterests of the Postal Service.

1.6.13.b Supplies

1. Applicability. These procedures apply to all purchases of supplies orservices that involve the furnishing of supplies. Deviations may beauthorized by the VP, Supply Management.

2. Definitions

(a) End products. Articles, materials and supplies to be purchased forPostal Service use.

(b) Components. Articles, materials and supplies directlyincorporated in end products.

(c) Domestic-source end products. An unmanufactured end productmined or produced in the United States or an end productmanufactured in the United States, if the cost of its componentsmined, produced, or manufactured in the United States exceeds50 percent of the cost of all of its components. The cost ofcomponents includes transportation costs to the place of


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incorporation into the end product and, in the case of componentsof foreign origin, duty (whether or not a duty-free entry certificateis issued). For purchases in excess of $25,000, Canadian endproducts are treated as domestic source end products. Thearticles and materials listed in 1.6.13.d are considered to havebeen mined, produced, or manufactured in the United States,regardless of their source in fact.

(d) Foreign end product. An end product other than adomestic-source end product.

(e) Domestic proposal. A proposed price for a domestic-source endproduct, including transportation to destination.

(f) Foreign proposal. A proposed price for a foreign end product,including transportation to destination and duty (whether or not aduty-free entry certificate is issued).

(g) Canadian end product. An article that is wholly the growth,product, or manufacture of Canada or, in the case of an articleconsisting in whole or in part of materials from another country,has been substantially transformed in Canada into a new anddifferent article of commerce distinct from that from which it wastransformed. For purposes of calculating the value of the endproduct, it includes the value of services (except transportationservices) incidental to the article, provided that the value of theincidental services does not exceed the value of the article itself.

3. Requirement. Only domestic-source end products may be purchased,except when the VP, Supply Management, determines that:

(a) The articles, materials or supplies are of a class or kind notmined, produced or manufactured in the United States insufficient and reasonable available commercial quantities ofsatisfactory quality (see 1.6.13.d); or

(b) Purchases of domestic-source end products would beinconsistent with the interest of the Postal Service, or that its costwould be unreasonable, as when the price comparisonprocedures described in 1.6.13.b.5 result in the purchase of aforeign end product.

4. Proposal Evaluation

(a) If performance evaluation factors will have a significant weight inproposal evaluation, domestic-source end products receive apreference in the case of closely ranked proposals, but no pricecomparison should be made.

(b) If award is to be based solely on price, each foreign priceproposal must be adjusted for purposes of evaluation by addingto the foreign proposal (inclusive of duty) a factor of six percent ofthat proposal. If a tie results between a foreign proposal and adomestic proposal, the domestic proposal must be selected foraward. When more than one line item is involved, the six percentevaluation factor is applied on an item-by-item basis, except that

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the factor may be applied to any group of items that thesolicitation specifies will be awarded as a group.

5. Solicitation Provision. Provision 1-2, Domestic Source Certificate —Supplies, is incorporated by reference in Provision 4-3, Representationsand Certifications, and must be checked-off by contracting officers whenthe solicitation calls for the purchase of supplies.

6. Clause. Clause 1-94-2, Preference for Domestic Supplies, isincorporated by reference in Clause 4-2, Terms and ConditionsRequired to Implement Policies, Statutes, or Executive Orders, andmust be checked-off by contracting officers when the contract calls forthe purchase of supplies.

1.6.13.c Construction Materials

1. Applicability. The procedures in this part apply to all constructioncontracts. Deviations may be authorized by the VP, SupplyManagement.

2. Definitions

(a) Components. Articles, materials, and supplies incorporateddirectly into construction materials.

(b) Construction materials. Articles, materials, and supplies broughtto the construction site for incorporation into the building or work.

(c) Domestic construction material. This means (1) anunmanufactured construction material mined or produced in theUnited States, or (2) a construction material manufactured in theUnited States, if the cost of its components mined, produced, ormanufactured in the United States exceeds 50 percent of the costof all its components. The cost of each component includestransportation costs to the place of incorporation into theconstruction material and any applicable duty (whether or not aduty-free entry certificate is issued). Components of foreign originof the same class or kind as those listed in 1.6.13.d are treated asdomestic.

(d) Foreign construction material. A construction material other thana domestic construction material.

3. Requirement. Only domestic construction materials may be used inconstruction, except:

(a) When the contracting officer determines that use of a particulardomestic construction material would be impracticable, or that itscost would be unreasonable, under guidelines established by theVP, Supply Management, in the relevant handbook; or

(b) When the VP, SM, determines that a construction material is notmined, produced, or manufactured in the United States insufficient and reasonably available commercial quantities ofsatisfactory quality (see 1.6.13.d).

4. Solicitation Provision. Provision 1-3, Domestic Source Certificate —Construction Materials, is incorporated by reference in Provision 4-3,

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and must be checked-off by contracting officers when the solicitationcalls for the purchase of construction materials.

5. Clause. Clause 1-10, Preference for Domestic Construction Materials,is incorporated by reference in Clause 4-2, and must be checked off bycontracting officers when the contract calls for the purchase ofconstruction materials.

1.6.13.d List of Excepted Articles and Materials

1. General. The VP, Supply Management, has determined that the articlesand materials listed below are not mined, produced, or manufactured inthe United States in sufficient and reasonably available commercialquantities of satisfactory quality, or that it would be inconsistent with theinterest of the Postal Service to apply the domestic preference policy tothese articles and materials. When incorporated into end products orconstruction materials manufactured in the United States, these itemsmay be regarded as components of domestic origin for the purpose ofdetermining the origin of the manufactured end products or constructionmaterials:

Acetylene, black.

Agar, bulk.

Anise.

Antimony, as metal or oxide.

Asbestos, amosite, chrysotile, and crocidolite.

Bamboo shoots.

Bananas.

Bauxite.

Beef, corned, canned.

Beef extract.

Bephenium hydroxynapthoate.

Bismuth.

Books, trade, text, technical, or scientific; newspapers; pamphlets;magazines; periodicals; printed briefs and films; not printed in the UnitedStates and for which domestic editions are not available.

Brazil nuts, unroasted.

Cadmium, ores and flue dust.

Calcium cyanamide.

Capers.

Cashew nuts.

Castor beans and castor oil.

Chalk, English.

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Chestnuts.

Chicle.

Chrome ore or chromite.

Cinchona bark.

Cobalt, in cathodes, rondelles, or other primary ore and metal forms.

Cocoa beans.

Coconut and coconut meat, unsweetened, in shredded, desiccated, orsimilarly prepared form.

Coffee, raw or green bean.

Colchicine alkaloid, raw.

Copra.

Cork, wood or bark and waste.

Cover glass, microscope slide.

Crane rail (85-pound per foot).

Cryolite, natural.

Dammar gum.

Diamonds, industrial, stones and abrasives.

Emetine, bulk.

Ergot, crude.

Erythrityl tetranitrate.

Fair linen, altar.

Fibers of the following types: abaca, abace, agave, coir, flax, jute, juteburlaps, palmyra, and sisal.

Goat and kidskins.

Goat hair canvas.

Grapefruit sections, canned.

Graphite, natural, crystalline, crucible grade.

Hand file sets (Swiss pattern).

Handsewing needles.

Hemp yarn.

Hog bristles for brushes.

Hyoscine, bulk.

Ipecac, root.

Iodine, crude.

Kaurigum.


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Lac.

Leather, sheepskin, hair type.

Lavender oil.

Manganese.

Menthol, natural bulk.

Mica.

Microprocessor chips (brought onto a government construction site asseparate units for incorporation into building systems during construction orrepair and alteration of real property).

Modacrylic fur ruff.

Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxideand nickel salts.

Nitroguanidine (also known as picrite).

Nux vomica, crude.

Oiticica oil.

Olive oil.

Olives (green), pitted or unpitted, or stuffed, in bulk.

Opium, crude.

Oranges, mandarin, canned.

Petroleum, crude oil, unfinished oils, and finished products.

Pine needle oil.

Platinum and related group metals, refined, as sponge, powder, ingots, orcast bars.

Pyrethrum flowers.

Quartz crystals.

Quebracho.

Quinidine.

Quinine.

Rabbit fur felt.

Radium salts, source and special nuclear materials.

Rosettes.

Rubber, crude and latex.

Rutile.

Santonin, crude.

Secretin.


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Shellac.

Silk, raw and unmanufactured.

Spare and replacement parts for equipment of foreign manufacture, and forwhich domestic parts are not available.

Spices and herbs, in bulk.

Sugars, raw.

Swords and scabbards.

Talc, block, steatite.

Tantalum.

Tapioca flour and cassava.

Tartar, crude; tartaric acid and cream of tartar in bulk.

Tea in bulk.

Thread, metallic (gold).

Thyme oil.

Tin in bars, blocks, and pigs.

Triprolidine hydrochloride.

Tungsten.

Vanilla beans.

Venom, cobra.

Water chestnuts.

Wax, carnauba.

Wire glass.

Woods; logs, veneer, and lumber of the following species: Alaskan yellowcedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak.

Yarn, 50 Denier rayon.

1.6.14 Contracts With Former Postal Service Officers,Executives, and Employees

1.6.14.a General. Under certain conditions, the Postal Service contracts with formerofficers, executives, and employees when their expertise is deemedimportant to furthering the business and competitive interests of the PostalService. Whether these individuals are the subject of personal servicescontracts, or are key personnel, expert, or consultants employed by asupplier, the following restrictions apply and these procedures must befollowed.


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1.6.14.b Contracts With Former Officers and Executives

1. General. The Postal Service does not contract with former officers orPostal Service Executive Service (PCES) executives or entities withwhich such individuals have a substantial interest for five years after thedate of their separation from the Postal Service (whether by retirementor otherwise) if the contract calls for substantially the same duties asthey performed during their career with the Postal Service, asdetermined by the Vice President of Human Resources. Purchaseteams must ensure that this prohibition is followed when purchasingprofessional/technical or consulting services (see 4.5.3 for definitions ofthese types of services), and include Provision 1-4, Prohibition AgainstContracting with Former Officers or PCES Executives, in relevantsolicitations, and Clause 1-11, Prohibition Against Contracting withFormer Postal Service Officers or PCES Executives, in resultingcontracts.

2. Exceptions. The Vice President of Human Resources may grantexceptions to this prohibition when he or she determines that doing sois in the best interest of the Postal Service. All such exceptions must bedocumented and included in the contract file.

1.6.14.c Contracts With Other Former Employees

1. General. The Postal Service may contract with former employees (otherthan former officers or PCES executives) or with suppliers proposingthe use of former employees during contract performance when theformer employee’s expertise will further the success of the purchaseand the business and competitive interests of the Postal Service.Contracts with former employees or with suppliers offering the servicesof former employees should not be confused with the employment ofannuitants (see 1.6.14.c.2).

2. Reviews and Approvals

(a) All requests for contracts with former employees (non-officer orexecutive) must be forwarded by the purchasing organization tothe manager of Corporate Personnel Management (CPM), forreview and approval. The manager of CPM will decide whetherthe former employee should be hired as a retired annuitant (seeEmployee and Labor Relations Manual 323.33) or should becontracted with by the purchasing organization. Whenappropriate, the purchasing organization may award a personalservices contract to the former employee (see 4.5.4).

(b) When a supplier proposes using a former employee, the managerof CPM will review the former employee’s employment historyand advise the purchase team as to whether the substitution ofanother individual is in the best interests of the Postal Service. Ifsuch substitution is the case, the contracting officer must advisethe supplier to propose another individual to perform the dutiescalled for. If, following contract award, the supplier proposes theuse of a former employee, the same review and approval processis required before the former employee may begin work.

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3. Provision and Clause. Purchase teams must consider this policy in lightof the particular purchase, and the potential need for reviews andapprovals, and as necessary, include Provision 1-5, Proposed Use ofFormer Postal Service Employees, in relevant solicitations, and Clause 1-12, Use of Former Postal Service Employees, in resultingcontracts.

1.7 Anticompetitive Practices

1.7.1 GeneralAn anticompetitive practice is any practice designed to eliminate competitionor restrain trade. Such practices include collusion, follow-the-leader pricing,rotated low price proposals, sharing of business, identical prices, and anyother device intended to deprive the Postal Service of the benefits ofcompetition. These practices may violate federal antitrust laws and be subjectto prosecution by the Attorney General. Proposals suspected of reflectinganticompetitive practices may be rejected.

1.7.2 ReportsAny suspected anticompetitive practice must be reported promptly throughnormal management channels to the VP, SM (or the VP, Facilities, if thematter involves real estate). Identical prices are not reported automatically,but only if there is reason to suspect an anticompetitive practice. If the VPbelieves that there is reasonable evidence of violation of federal antitrustlaws, the report must be forwarded to the Office of Inspector General (OIG).The OIG will refer the matter to the Attorney General for prosecution, ifappropriate.

1.8 Contingent Fees

1.8.1 GeneralA supplier may not pay a fee to an agent contingent upon the agent’ssoliciting or obtaining the award of a contract. Such a fee arrangement isimproper because it may lead to the attempted or actual exercise of improperinfluence. The prohibition does not apply to contingent fee arrangementsbetween suppliers and bona fide employees or bona fide agencies employedby suppliers to secure business.

1.8.2 ClauseClause 1-6, Contingent Fees, is incorporated by reference in Clause 4-2,Contract Terms and Conditions Required to Implement Policies, Statutes or


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Executive Orders, when checked-off by the contracting officer. Clause 1-6 isnot to be used in:

1. Contracts for public utility services furnished by a public utility companywhen the utility company’s rates for the services are subject toregulation by a federal, state, or other regulatory body and the publicutility company is the sole source of supply.

2. Other contracts, individually or by class, as designated by the VP, SM.

1.8.3 Bona Fide Employee or Agency1.8.3.a Bona Fide Employee. For the purpose of Clause 1-6, this means an

individual employed by the concern in good faith and over whom the concernhas the right to exercise supervision and control as to time, place, andmanner of performance of work.

1.8.3.b Bona Fide Agency. In determining whether an agency is a bona fideestablished commercial selling agency employed by the supplier for thepurpose of securing business, the factors below must be considered:

1. The fee must be commensurate with the nature and extent of theservices and not excessive compared with the fees customarily allowedin the trade for similar services related to commercial business. Inevaluating reasonableness of the fee, services of the agent other thanactual solicitation should be considered, such as technical, consultant,or managerial services, and assistance in obtaining personnel, facilities,equipment, materials, or subcontractors for the performance of thecontract.

2. The agency should be an established concern, with knowledge of theproducts and the business of the concern represented and otherqualifications necessary to sell the products or services on their merits,and there should ordinarily be a continuity of relationship between thesupplier and the agency.

1.8.3.c Use of Improper Influence. No employee or agency is bona fide if theemployee or agency seeks to obtain or claims to be able to obtain a contractthrough the use of improper influence.

1.8.4 Misrepresentation or ViolationIn case of misrepresentation concerning contingent fees, or violation orbreach of Clause 1-6, the VP, SM, may take one or more of the followingactions, or other action, as is appropriate:

1.8.4.a If the award has not been made, determine whether the proposal should berejected.

1.8.4.b If award has been made, take action to enforce the clause, either annullingthe contract without liability or recovering the amount of the fee involved.

1.8.4.c Consider suspension or debarment.

1.8.4.d Consider referring the matter to the Attorney General, through the samechannels as in 1.7.2.

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