In a complaint filed last week with the Postal Regulatory Commission, Capital One claims that the US Postal Service is breaking the law by refusing to agree to a Negotiated Service Agreement similar to the deal it implemented with Bank of America earlier this year. The Bank of America deal was criticized for using ten year old industry average data as a baseline to measure improvement. Capital One claims that when it attempted to open discussions with the USPS on a “functionally equivalent” arrangement for itself, the USPS refused:

Over the past year, Capital One Services, Inc. (Capital One), faced with the competitive advantage conferred on Bank of America by the NSA, has repeatedly asked the Postal Service for a similar NSA. Indeed, it has even proffered a substantively identical agreement “to use the vast array of the specified processes on the vast majority of its qualifying mail for the full NSA term, as done by BAC.”10 The Postal Service, however, has refused, and has insisted on mailer-specific baselines and reduced per-piece discounts in an attempt to enforce true “pay-for-performance” conditions that were never imposed on Bank of America.

Capital One submitted what it claims to be an proposal identical to the BAC agreement, which the complaint says was rejected by the USPS. When asked to specify which provisions of the proposed NSA needed to be changed, Capital One’s Director of DM Operations, Ben Lamm, says the USPS declined, and suggested a face to face meeting. Lamm says he met with USPS VP Stephen Kearney on June 9:

During that meeting, Mr. Kearney explicitly stated that the Postal Service would not offer the same NSA to Capital One that it offered to Bank of America, and, more specifically, that, rather than the 1998 industry-average baselines offered to Bank of America, Capital One would have to use mailer-specific baselines. In addition, the per-piece discount rates would have to be reduced to reflect that Capital One was not the “first” adopter. Mr. Kearney argued that the changes in the baselines and discount schedules were justified by changes in circumstances. When asked whether those changes had occurred since the date of implementation (April 1, 2008), he said that they had not.

If there is any benefit to the Postal Service from Bank of America’s adoption of the technologies specified in its NSA, those same benefits should accrue if Capital One is given the opportunity to participate in a similar NSA. If not allowed that opportunity, however, our Company is placed at a real competitive disadvantage, making it relatively more expensive for us to conduct our business by millions of dollars.

Capital One has asked the PRC to expedite the processing of its complaint, contending that the information to decide the case already exists in the record. The PRC has opened docket C2008-3 to consider the complaint.

Looks like someone at the NALC forgot to renew their domain name:

Update Tuesday, 6/24: the NALC web site is back online.