NenaLenz Posted March 6, 2019 Report Share Posted March 6, 2019 Q: What terms and conditions apply to a task order placed by the USPS under a GSA Schedule contract? The USPS KO asserted that GSA Contract (FAR) clauses are the same as the USPS clauses and the only difference is the clause number. Therefore, the KO is unwilling to address order of precedence in the agreement. Although the USPS clauses & provisions do largely track the FAR, they are definitely not the same. The USPS task order includes all the terms and conditions that would be required for a USPS purchase -- i.e. the entire procurement process and task order fulfill the USPS "Supplying Principles and Practices" requirements. And USPS is not subject to FAR in any event. Have you encountered this before? How are we supposed to understand the GSA T&Cs read alongside the USPS task order T&Cs? I've done my level best at finding this answer through legal research, but I've come up short. Hoping this group can offer some practical guidance from your experience -- or show me what I missed! Thanks in advance. Link to comment Share on other sites More sharing options...
ji20874 Posted March 7, 2019 Report Share Posted March 7, 2019 You may refer the USPS contracting officer to https://about.usps.com/manuals/ipm/html/ipmc3_004.html, 3.4.3.a, item 2.(a): "GSA's terms and conditions, rather than those used by the Postal Service, apply to orders placed against FSSs." Link to comment Share on other sites More sharing options...
Retreadfed Posted March 7, 2019 Report Share Posted March 7, 2019 The only caveat to what ji wrote is if there is a clause in the USPS Manual that is required by statute to be in all USPS contracts then that clause should be added to the order. Link to comment Share on other sites More sharing options...
ji20874 Posted March 7, 2019 Report Share Posted March 7, 2019 Of course, the contractor would have the right to reject the order if it found the USPS clause to be problematic. Link to comment Share on other sites More sharing options...
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