Postal Service Disadvantaged Business Procurement Act of 1988

Postal Service Disadvantaged Business Procurement Act of 1988 - Establishes in the United States Postal Service an Office of Disadvantaged Business Utilization to implement the goals, objectives, and purposes of this Act. Provides for the Office to be headed by a Director of Disadvantaged Business Utilization (Director).

Requires the Postmaster General, after consultation with the Director, to establish annual goals for the participation by disadvantaged business concerns in procurement contracts of the Postal Service. Requires goals for prime contract awards of not less than: (1) ten percent for disadvantaged business concerns owned and controlled by other than women; and (2) five percent for disadvantaged business concerns owned and controlled by women.

Sets forth the procurement authorities of the Postal Service so that it can assure that a fair proportion of total purchases for contracts for property and services are placed with disadvantaged business concerns. Authorizes the Postal Service to set aside or reduce procurement requirements for such concerns.

Authorizes the Postal Service to enter into single-source negotiations with disadvantaged business concerns for the award of any contract under specified circumstances. Requires such contracts to result in a cost to the Postal Service that is fair and reasonable and that does not exceed the estimated current fair market price of the work to be performed.

Entitles a disadvantaged business concern, if the Postal Service withdraws a procurement requirement because the prices offered by the concern exceed the current fair market price: (1) to a written statement, upon its request, from the Postal Service on the method used to estimate the current fair market price; and (2) to protest the use of such method to the Director. Declares the Director's decision on the protest to be conclusive.

Prohibits a procurement officer from precluding any disadvantaged business concern or group of concerns from being awarded a contract on any basis dealing with the responsibility of the offeror without referring the matter for a final disposition to the Director.

Requires the Postal Service to provide for prompt and expeditious payments due to disadvantaged business concerns. Requires the Postal Service to require its prime contractors to ensure timely payments to such concerns.

Requires a clause in all Postal Service contracts that states the policy of the Postal Service with respect to small business concerns owned and controlled by socially and economically disadvantaged individuals, and that the contractor agrees with such policy. Exempts from such requirement any contract which: (1) does not exceed $10,000; (2) will be performed outside the United States (and all the subcontracts under such contract); or (3) is for personal services.

Requires certain contracts which are awarded through other than the sealed bid method of procurement to contain a clause notifying potential offering companies of the provisions of this Act relating to such contracts.

Requires the apparent successful offeror to negotiate with the procurement authority a subcontracting plan with specified contents before the Postal Service awards any contract, or any amendment or modification to any contract already let, which: (1) is to be awarded, or was let, through other than the sealed bid method of procurement; (2) is required to include the clause on Postal Service policy with respect to disadvantaged business concerns; (3) may exceed $1,000,000 in the case of a contract for the construction of a postal facility, or $500,000 in the case of all other contracts; and (4) offers subcontracting possibilities. Provides that if the apparent successful offeror fails to negotiate such subcontracting plan, then the offeror shall become ineligible to be awarded the contract.

Prohibits the awarding of a contract to any offeror unless the procurement authority determines that the subcontracting plan provides the maximum practicable opportunity for disadvantaged business concerns to participate in the contract's performance.

Authorizes the Postal Service to provide such incentives as may be deemed appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals, except with respect to contracts let pursuant to other than the sealed bid method.

Requires certain contracts to be awarded under the sealed bid method of procurement to contain a clause requiring the incorporation of a subcontracting plan. Makes the bidder selected to be awarded such contract ineligible if it fails to submit the subcontracting plan.

Describes the subcontracting plan to be incorporated into contracts let under this Act with respect to providing opportunities for disadvantaged business concerns.

Declares that the failure of any contractor or subcontractor to comply in good faith with the clause stating the policy of the Postal Service with respect to disadvantaged business concerns shall be a material breach of contract. Declares that any contract that does not contain a required subcontracting plan shall be considered void.

Sets forth the duties of the Director with respect to subcontracting plans.

Sets forth penalties for any person who makes or uses any document, writing or entry knowing it to be false for the purpose of obtaining a contract or subcontract let, or to be let, under this Act.

Directs the Postal Service to establish annual goals specifically for funding agreements for research or research and development with disadvantaged business concerns. Authorizes each disadvantaged business concern to elect to retain title to any invention first conceived or first actually reduced to practice in the performance of a funding agreement. Sets forth provisions to be included in each funding agreement with respect to the rights of contractors and the Postal Service to the title to any invention conceived under the agreement.

Requires Postmaster General approval before the Postal Service can require the licensing to third parties of inventions owned by the contractor that were not conceived or first actually reduced to practice in the performance of work under a funding agreement.

Declares that with respect to any invention in which a disadvantaged business concern has acquired title under this Act, the Postal Service has the right to require the contractor, an assignee, or exclusive licensee of such invention, to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant upon terms that are reasonable under the circumstances, and if the contractor, assignee, or exclusive licensee refuses such request, to grant such a license itself. Requires the Postal Service to make a written determination that such action is necessary.

Prohibits a disadvantaged business concern which receives title to any subject invention and an assignee of such concern from granting to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention, or produced through the use of such invention, will be manufactured substantially in the United States. Sets forth the circumstances under which such prohibition will be waived.

Authorizes the Postal Service to withhold from public disclosure any invention in which it owns a right, title, or interest for a reasonable time in order for a patent application to be filed. Declares that the Postal Service shall not be required to release copies of any document which is part of a patent application.

Directs the Postal Service to publicize notice of certain contracting opportunities in a manner to encourage the maximum practicable participation by disadvantaged business concerns. Authorizes the Postmaster General to exempt any purchase or class of purchases from such requirement if such exemption is determined to be in the public interest or if the notice would substantially impede a legitimate acquisition objective of the Postal Service.

Directs the Postal Service to provide means whereby bidders and offerors may identify themselves as a disadvantaged business concern. Requires the Small Business Administration to make a final and binding decision on all disputes regarding the size status of a firm or its status as a socially and economically disadvantaged small business concern.

Requires the Postal Service to report annually to specified congressional committees on its compliance with this Act. Requires a special report to such committees if the Postal Service fails to meet procurement goals established by the Director.