Purchasing of Property and Services, 1541-1543 [2010-385]
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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations
Postal Service, Domestic Mail Manual,
for the disposal or treatment of books
and sound recordings that are
undeliverable-as-addressed (UAA) in
their original packaging. The disposal of
these items as waste will simplify
handling procedures and reduce costs.
DATES: Effective Date: February 1, 2010.
FOR FURTHER INFORMATION CONTACT: Bert
Olsen, 202–268–7276, Mary Collins,
202–268–5440.
SUPPLEMENTARY INFORMATION: The Postal
Service published a Federal Register
proposed rule (73 FR 39272–39273) on
July 9, 2008 to remove DMM section
507.1.9.2. The intent of this section was
to facilitate a process for identifying and
returning books and recordings that had
become undeliverable as a result of
being ‘‘loose in the mail’’ (contents
separated from packaging and other
address information), to the original
publisher or distributor. This standard
was misinterpreted to allow some
publishers and distributors to reclaim
ownership of all UAA mail and not just
mail that was truly identified as ‘‘loose’’
in the mail.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Comments
We received comments from three
respondents on the proposed rule. One
respondent represented several trade
associations and two other respondents
were from separate publishing
companies. All comments received were
in opposition to the proposal and are
summarized and presented below
followed by our responses:
1. Comment: The Postal Service did
not work closely and discuss the
proposal with affected mailers.
The Postal Service previously offered
an opportunity for mailers to provide
input well before the proposal was
published. Additionally, publication of
the proposed rule and requests for
comments (July 9, 2008) afforded
mailers an additional opportunity to
contribute to the rule-making process
prior to issuing a final rule.
2. Comment: Due to copyright
concerns and privacy issues, mailers are
opposed to the Postal Service selling at
auction undeliverable-as-addressed
books and sound recordings.
Obligations concerning privacy issues
and copyright concerns are the
publisher’s obligations. USPS® ancillary
services allow mailers to fulfill their
obligations by having undeliverable
books returned to them, but only in
accordance with postal services and
endorsements currently available to
mailers. One option when using
Standard Mail® is that UAA mail can be
forwarded or returned at the appropriate
Media Mail or Library Mail price if the
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14:29 Jan 11, 2010
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content of the mail qualifies as Media
Mail under DMM 507.1.5.3, 173, 373, or
473 or Library Mail under DMM 183,
383, or 483 and the mail is marked
‘‘Media Mail’’ or ‘‘Library Mail’’ directly
below the ancillary service
endorsement.
3. Comment: The Postal Service
should recycle undeliverable-asaddressed items.
We are currently exploring a recycling
offering by adding a new ancillary
endorsement that mailers could use to
assure undeliverable-as-addressed mail
would be destroyed so it could not be
used as originally intended. This
potential offering is in its formative
stage but if adopted may provide an
attractive endorsement alternative for
manufacturers and distributors of books
and sound recordings who desire
destruction of their undeliverable
products for a fee.
4. Comment: Provide electronic
notification for the reason a mailpiece
was undeliverable as addressed when
using the ‘‘Return Service Requested’’
endorsement.
The Return Service Requested
endorsement provides the reason of
nondelivery by hardcopy at the time of
return of the product. However, we
understand that mailers would prefer to
know as quickly as possible why a piece
was undeliverable via electronic data.
We intend to evaluate the development
of an electronic notification option with
the Return Service Requested
endorsement for a fee as a future service
offering.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ Accordingly, 39 CFR Part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
■
500
Additional Services
*
*
PO 00000
*
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*
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*
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507
Mailer Services
1.0
Treatment of Mail
*
*
1.9
1541
Dead Mail
*
*
*
*
*
*
*
*
[Delete 1.9.2 in its entirety and
renumber current 1.9.3 as new 1.9.2]
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010–387 Filed 1–11–10; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
39 CFR Part 601
Purchasing of Property and Services
AGENCY:
ACTION:
Postal ServiceTM.
Final rule.
SUMMARY: The Postal Service is revising
its regulations governing the supplier
disagreement resolution (SDR) process
to clarify and explain the purposes of
that process, and to remove extraneous
and duplicative language.
DATES:
Effective Date: January 12, 2010.
FOR FURTHER INFORMATION CONTACT: Paul
D. McGinn, 202–268–4368, or Edward
B. Halstead, 202 268–6221.
The Postal
Service is revising the regulations in 39
CFR 601.107 and 601.108 that govern
the supplier disagreement resolution
(SDR) process in order to clarify certain
SDR procedures. These changes are
explained in more detail below.
SUPPLEMENTARY INFORMATION:
Explanation of Changes
Section 601.107: Initial Disagreement
Resolution
Paragraph (a) has been revised to state
that the Supplier Disagreement
Resolution Official (SDR Official) is a
contracting officer designated by the
Postal Service to perform the functions
established under § 601.108.
Paragraph (b) has been revised to
clarify the timelines for filing initial
disagreements concerning solicitations.
Paragraph (c) is revised to inform
parties that the alternative dispute
resolution (ADR) process may be used to
resolve disagreements and that if an
agreement cannot be reached under
ADR, the supplier has 10 days to lodge
its disagreement with the SDR Official.
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1542
Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations
Section 601.108: SDR Official
Disagreement Resolution
Paragraph (a) has been revised to
remove language that was extraneous or
duplicative of statements made in other
paragraphs.
Paragraph (b) contains editorial
changes and further explains the
purposes of the disagreement resolution
process.
Paragraph (c) clarifies the acceptable
modes for submitting a disagreement
under § 601.107 or contest of decision
under § 601.105 and updates the
dedicated fax number.
Paragraph (d) clarifies that this
paragraph covers both disagreements
under § 601.107 and contests of
decisions under § 601.105. Paragraph
(d)(3) has been revised for clarity.
Paragraph (e) is supplemented to
provide examples of remedies that the
SDR Official is authorized to grant.
Paragraph (g) explains when a
challenged award becomes final, a
status that varies depending on how the
SDR Official resolves the disagreement.
The grounds upon which appeals may
be taken to Federal court, previously
addressed in paragraph (g), are now
addressed in a new paragraph (h).
Paragraph (h) clarifies the grounds
upon which the Postal Service’s final
contract award, as described in
paragraph (g), may be appealed.
Paragraph (h) further clarifies that the
party lodging the disagreement may
seek review of the Postal Service’s final
contract award only after the mandatory
administrative remedies provided under
§ 601.107 and § 601.108 have been
exhausted.
Paragraph (i) is identical to the old
paragraph (h), except that it now
clarifies that the resolution timeframe
applies not only to disagreements under
§ 601.107, but also to contests of
decisions under § 601.105.
List of Subjects in 39 CFR Part 601
Government procurement, Postal
Service.
■ Accordingly, 39 CFR Part 601 is
amended as follows:
PART 601—[AMENDED]
1. The authority citation for 39 CFR
Part 601 continues to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with RULES
■
Authority: 39 U.S.C. 401, 404, 410, 411,
2008, 5001–5605.
2. Revise §§ 601.107 and 601.108 to
read as follows:
■
§ 601.107
Initial disagreement resolution.
(a) Definitions.
(1) Days. Calendar days; however, any
time period will run until a day that is
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14:29 Jan 11, 2010
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not a Saturday, Sunday, or legal
holiday.
(2) Disagreements. All disputes,
protests, claims, disagreements, or
demands of whatsoever nature arising in
connection with the acquisition of
property and services within the scope
of § 601.103 of this chapter, except
those:
(i) That arise pursuant to a contract
under the Contract Disputes Act under
§ 601.109;
(ii) That concern debarment,
suspension, or ineligibility under
§ 601.113; or
(iii) That arise out of the nonrenewal
of transportation contracts containing
other provisions for the review of such
decisions.
(3) Interested parties. Actual or
prospective offerors whose direct
economic interests would be affected by
the award of, or failure to award, the
contract.
(4) Lodge. A disagreement is lodged
on the date it is received by the
contracting officer or the Supplier
Disagreement Resolution Official, as
appropriate.
(5) SDR Official. The Supplier
Disagreement Resolution Official, a
contracting officer designated by the
Postal Service to perform the functions
established under § 601.108.
(b) Policy. It is the policy of the Postal
Service and in the interest of its
suppliers to resolve disagreements by
mutual agreement between the supplier
and the responsible contracting officer.
All disagreements must be lodged with
the responsible contracting office in
writing via facsimile, e-mail, hand
delivery, or U.S. Mail. For
disagreements that concern the award of
a contract, the disagreement shall be
lodged within 10 days of the date the
supplier received notification of award
or 10 days from the date the supplier
received a debriefing, whichever is later.
For disagreements that concern alleged
improprieties in a solicitation, the
contracting officer must receive the
disagreement before the time set for the
receipt of proposals, unless the
disagreement concerns an alleged
impropriety that does not exist in the
initial solicitation but which is
subsequently incorporated into the
solicitation, in which event the
contracting officer must receive the
disagreement no later than the next
closing time for the receipt of proposals
following the incorporation. The
resolution period shall last 10 days from
the date when the disagreement is
lodged with the contracting officer.
During the supplier-contracting officer
10-day resolution period, the
responsible contracting officer’s
PO 00000
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Fmt 4700
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management may help to resolve the
disagreement. At the conclusion of the
10-day resolution period, the
contracting officer must communicate,
in writing, to the supplier his or her
resolution of the disagreement.
(c) Alternative dispute resolution.
Alternative dispute resolution (ADR)
procedures may be used to resolve a
disagreement. If the use of ADR is
agreed upon, the 10-day limitation is
suspended. If agreement cannot be
reached, the supplier has 10 days to
lodge its disagreement with the SDR
Official.
§ 601.108 SDR Official disagreement
resolution.
(a) General. If a disagreement under
§ 601.107 is not resolved within 10 days
after it was lodged with the contracting
officer, if the use of ADR fails to resolve
it at any time, if the supplier is not
satisfied with the contracting officer’s
resolution of the disagreement, or if the
decision not to accept or consider
proposals under § 601.105 is contested,
the SDR Official is available to provide
final resolution of the matter. The Postal
Service desires to resolve all such
matters quickly and inexpensively in
keeping with the regulations in this
part.
(b) Scope and applicability. This
procedure is established as the sole and
exclusive means to resolve
disagreements under § 601.107 and
contests of decisions under § 601.105.
This procedure is intended to
expeditiously resolve disagreements
that are not resolved at the responsible
contracting officer level; to reduce
litigation expenses, inconvenience, and
other costs for all parties; to facilitate
successful business relationships with
Postal Service suppliers, the supplier
community, and other persons; and to
develop further the basis for the Postal
Service’s purchasing decisions and the
administrative records concerning those
decisions. All disagreements under
§ 601.107 and contests of decisions
under § 601.105 will be lodged with and
resolved, with finality, by the SDR
Official under and in accordance with
the sole and exclusive procedure
established in this section.
(c) Lodging. The disagreement under
§ 601.107 or contest of decision under
§ 601.105 must be lodged with the SDR
Official in writing via facsimile, e-mail,
hand delivery, or U.S. Mail. The
disagreement under § 601.107 or contest
of decision under § 601.105 must state
the factual circumstances relating to it
and the remedy sought. A disagreement
under § 601.107 must also state the
scope and outcome of the initial
disagreement resolution attempt with
E:\FR\FM\12JAR1.SGM
12JAR1
WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations
the contracting officer. The address of
the SDR Official is: Room 4130 (Attn:
SDR Official), United States Postal
Service Headquarters, 475 L’Enfant
Plaza, SW., Washington, DC 20260–
4130. e-mail Address:
SDROfficial@usps.gov. Fax Number:
(202) 268–0075.
(d) Lodging timeframes.
Disagreements under § 601.107 or
contests of decisions under § 601.105
must be lodged with the SDR Official
within the following timeframes:
(1) Disagreements under § 601.107 not
resolved with the contracting officer
must be lodged with the SDR Official
within 20 days after they were lodged
with the contracting officer (unless ADR
had been used to attempt to resolve
them);
(2) Disagreements under § 601.107 for
which ADR had been agreed to be used
must be lodged with the SDR Official
within 10 days after the supplier knew
or was informed by the contracting
officer or otherwise that the matter was
not resolved;
(3) Where a supplier is dissatisfied
with the contracting officer’s resolution
of a disagreement under § 601.107, the
supplier must lodge the disagreement
with the SDR Official within 10 days
after the supplier first receives
notification of the contracting officer’s
resolution; and
(4) Contests of decisions under
§ 601.105 to decline to accept or
consider proposals must be lodged with
the SDR Official within 10 days of the
supplier’s receipt of the written notice
explaining the decision.
(5) The SDR Official may grant an
extension of time to lodge a
disagreement under § 601.107 or contest
of decision under § 601.105 or to
provide supporting information when
warranted. Any request for an extension
must set forth the reasons for the
request, be made in writing, and be
delivered to the SDR Official on or
before the time to lodge a disagreement
lapses.
(e) Disagreement decision process.
The SDR Official will promptly provide
a copy of a disagreement to the
contracting officer, who will promptly
notify other interested parties. The SDR
Official will consider a disagreement
and any response by other interested
parties and appropriate Postal Service
officials within a time frame established
by the SDR Official. The SDR Official
may also meet individually or jointly
with the person or organization lodging
the disagreement, other interested
parties, and/or Postal Service officials,
and may undertake other activities in
order to obtain materials, information,
or advice that may help to resolve the
VerDate Nov<24>2008
14:29 Jan 11, 2010
Jkt 220001
disagreement. The person or
organization lodging the disagreement,
other interested parties, or Postal
Service officials must promptly provide
all relevant, nonprivileged materials and
other information requested by the SDR
Official. If a submission contains trade
secrets or other confidential
information, it should be accompanied
by a copy of the submission from which
the confidential matter has been
redacted. The SDR Official will
determine whether any redactions are
appropriate and will be solely
responsible for determining the
treatment of any redacted materials.
After obtaining such information,
materials, and advice as may be needed,
the SDR Official will promptly issue a
written decision resolving the
disagreement and will deliver the
decision to the person or organization
lodging the disagreement, other
interested parties, and appropriate
Postal Service officials. When resolving
a disagreement raised under § 601.107,
the SDR Official may grant remedies
including, but not limited to, the
following:
(1) Directing the contracting officer to
revise the solicitation or to issue a new
solicitation;
(2) Directing the contracting officer to
recompete the requirement;
(3) Directing the contracting officer to
reevaluate the award on the basis of
current proposals and the evaluation
factors contained in the solicitation; and
(4) Directing the contracting officer to
terminate the contract or to refrain from
exercising options under the contract.
(f) Guidance. The SDR Official will be
guided by the regulations contained in
this part and all applicable public laws
enacted by Congress. Non-Postal Service
procurement rules or regulations and
revoked Postal Service regulations will
not apply or be taken into account.
Failure of any party to provide
requested information may be taken into
account by the SDR Official in the
decision.
(g) Final resolution by the SDR
Official and final contract award of the
Postal Service. A resolution by the SDR
Official will be final and binding. If the
SDR Official’s final resolution affirms
the original contract award of the
contracting officer, the contracting
officer’s original contract award
becomes the Postal Service’s final
contract award, and may be subject to
judicial review as described in
paragraph (h) of this section. If the SDR
Official’s final resolution directs that the
Postal Service terminate the contract
award and issue a new solicitation,
recompete the requirement, or
reevaluate the current award, the
PO 00000
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Fmt 4700
Sfmt 4700
1543
contracting officer shall implement
promptly the SDR Official’s final
resolution. However, any contract award
made by the contracting officer after a
resolicitation, recompetition, or
reevaluation directed by the SDR
Official is not a final contract award of
the Postal Service that may be subject to
judicial review unless and until
disagreements concerning that contract
award have been lodged and resolved
with finality by the SDR Official.
(h) Judicial review. The Postal
Service’s final contract award, as
described in paragraph § 601.108(g),
may be appealed to a Federal court with
jurisdiction based only upon an alleged
violation of the regulations contained in
this part or an applicable public law
enacted by Congress. The party lodging
the disagreement may seek review of the
Postal Service’s final contract award
only after the mandatory administrative
remedies provided under § 601.107 and
§ 601.108 have been exhausted.
(i) Resolution timeframe. It is
intended that this procedure generally
will resolve disagreements under
§ 601.107 or contests of decisions under
§ 601.105 within approximately 30 days
after receipt by the SDR Official. The
time may be shortened or lengthened
depending on the complexity of the
issues and other relevant
considerations.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–385 Filed 1–11–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[Docket: EPA–R02–OAR–2009–0508; FRL–
9091–4]
Approval and Promulgation of
Implementation Plans; Puerto Rico;
Guaynabo PM10 Limited Maintenance
Plan and Redesignation Request
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving the Limited
Maintenance Plan for the Municipality
of Guaynabo nonattainment area in
Puerto Rico and the request by the
Commonwealth of Puerto Rico to
redesignate the area from nonattainment
to attainment for the National Ambient
Air Quality Standards for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 10
micrometers (PM10). On March 31, 2009,
E:\FR\FM\12JAR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Rules and Regulations]
[Pages 1541-1543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-385]
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 601
Purchasing of Property and Services
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising its regulations governing the
supplier disagreement resolution (SDR) process to clarify and explain
the purposes of that process, and to remove extraneous and duplicative
language.
DATES: Effective Date: January 12, 2010.
FOR FURTHER INFORMATION CONTACT: Paul D. McGinn, 202-268-4368, or
Edward B. Halstead, 202 268-6221.
SUPPLEMENTARY INFORMATION: The Postal Service is revising the
regulations in 39 CFR 601.107 and 601.108 that govern the supplier
disagreement resolution (SDR) process in order to clarify certain SDR
procedures. These changes are explained in more detail below.
Explanation of Changes
Section 601.107: Initial Disagreement Resolution
Paragraph (a) has been revised to state that the Supplier
Disagreement Resolution Official (SDR Official) is a contracting
officer designated by the Postal Service to perform the functions
established under Sec. 601.108.
Paragraph (b) has been revised to clarify the timelines for filing
initial disagreements concerning solicitations.
Paragraph (c) is revised to inform parties that the alternative
dispute resolution (ADR) process may be used to resolve disagreements
and that if an agreement cannot be reached under ADR, the supplier has
10 days to lodge its disagreement with the SDR Official.
[[Page 1542]]
Section 601.108: SDR Official Disagreement Resolution
Paragraph (a) has been revised to remove language that was
extraneous or duplicative of statements made in other paragraphs.
Paragraph (b) contains editorial changes and further explains the
purposes of the disagreement resolution process.
Paragraph (c) clarifies the acceptable modes for submitting a
disagreement under Sec. 601.107 or contest of decision under Sec.
601.105 and updates the dedicated fax number.
Paragraph (d) clarifies that this paragraph covers both
disagreements under Sec. 601.107 and contests of decisions under Sec.
601.105. Paragraph (d)(3) has been revised for clarity.
Paragraph (e) is supplemented to provide examples of remedies that
the SDR Official is authorized to grant.
Paragraph (g) explains when a challenged award becomes final, a
status that varies depending on how the SDR Official resolves the
disagreement. The grounds upon which appeals may be taken to Federal
court, previously addressed in paragraph (g), are now addressed in a
new paragraph (h).
Paragraph (h) clarifies the grounds upon which the Postal Service's
final contract award, as described in paragraph (g), may be appealed.
Paragraph (h) further clarifies that the party lodging the disagreement
may seek review of the Postal Service's final contract award only after
the mandatory administrative remedies provided under Sec. 601.107 and
Sec. 601.108 have been exhausted.
Paragraph (i) is identical to the old paragraph (h), except that it
now clarifies that the resolution timeframe applies not only to
disagreements under Sec. 601.107, but also to contests of decisions
under Sec. 601.105.
List of Subjects in 39 CFR Part 601
Government procurement, Postal Service.
0
Accordingly, 39 CFR Part 601 is amended as follows:
PART 601--[AMENDED]
0
1. The authority citation for 39 CFR Part 601 continues to read as
follows:
Authority: 39 U.S.C. 401, 404, 410, 411, 2008, 5001-5605.
0
2. Revise Sec. Sec. 601.107 and 601.108 to read as follows:
Sec. 601.107 Initial disagreement resolution.
(a) Definitions.
(1) Days. Calendar days; however, any time period will run until a
day that is not a Saturday, Sunday, or legal holiday.
(2) Disagreements. All disputes, protests, claims, disagreements,
or demands of whatsoever nature arising in connection with the
acquisition of property and services within the scope of Sec. 601.103
of this chapter, except those:
(i) That arise pursuant to a contract under the Contract Disputes
Act under Sec. 601.109;
(ii) That concern debarment, suspension, or ineligibility under
Sec. 601.113; or
(iii) That arise out of the nonrenewal of transportation contracts
containing other provisions for the review of such decisions.
(3) Interested parties. Actual or prospective offerors whose direct
economic interests would be affected by the award of, or failure to
award, the contract.
(4) Lodge. A disagreement is lodged on the date it is received by
the contracting officer or the Supplier Disagreement Resolution
Official, as appropriate.
(5) SDR Official. The Supplier Disagreement Resolution Official, a
contracting officer designated by the Postal Service to perform the
functions established under Sec. 601.108.
(b) Policy. It is the policy of the Postal Service and in the
interest of its suppliers to resolve disagreements by mutual agreement
between the supplier and the responsible contracting officer. All
disagreements must be lodged with the responsible contracting office in
writing via facsimile, e-mail, hand delivery, or U.S. Mail. For
disagreements that concern the award of a contract, the disagreement
shall be lodged within 10 days of the date the supplier received
notification of award or 10 days from the date the supplier received a
debriefing, whichever is later. For disagreements that concern alleged
improprieties in a solicitation, the contracting officer must receive
the disagreement before the time set for the receipt of proposals,
unless the disagreement concerns an alleged impropriety that does not
exist in the initial solicitation but which is subsequently
incorporated into the solicitation, in which event the contracting
officer must receive the disagreement no later than the next closing
time for the receipt of proposals following the incorporation. The
resolution period shall last 10 days from the date when the
disagreement is lodged with the contracting officer. During the
supplier-contracting officer 10-day resolution period, the responsible
contracting officer's management may help to resolve the disagreement.
At the conclusion of the 10-day resolution period, the contracting
officer must communicate, in writing, to the supplier his or her
resolution of the disagreement.
(c) Alternative dispute resolution. Alternative dispute resolution
(ADR) procedures may be used to resolve a disagreement. If the use of
ADR is agreed upon, the 10-day limitation is suspended. If agreement
cannot be reached, the supplier has 10 days to lodge its disagreement
with the SDR Official.
Sec. 601.108 SDR Official disagreement resolution.
(a) General. If a disagreement under Sec. 601.107 is not resolved
within 10 days after it was lodged with the contracting officer, if the
use of ADR fails to resolve it at any time, if the supplier is not
satisfied with the contracting officer's resolution of the
disagreement, or if the decision not to accept or consider proposals
under Sec. 601.105 is contested, the SDR Official is available to
provide final resolution of the matter. The Postal Service desires to
resolve all such matters quickly and inexpensively in keeping with the
regulations in this part.
(b) Scope and applicability. This procedure is established as the
sole and exclusive means to resolve disagreements under Sec. 601.107
and contests of decisions under Sec. 601.105. This procedure is
intended to expeditiously resolve disagreements that are not resolved
at the responsible contracting officer level; to reduce litigation
expenses, inconvenience, and other costs for all parties; to facilitate
successful business relationships with Postal Service suppliers, the
supplier community, and other persons; and to develop further the basis
for the Postal Service's purchasing decisions and the administrative
records concerning those decisions. All disagreements under Sec.
601.107 and contests of decisions under Sec. 601.105 will be lodged
with and resolved, with finality, by the SDR Official under and in
accordance with the sole and exclusive procedure established in this
section.
(c) Lodging. The disagreement under Sec. 601.107 or contest of
decision under Sec. 601.105 must be lodged with the SDR Official in
writing via facsimile, e-mail, hand delivery, or U.S. Mail. The
disagreement under Sec. 601.107 or contest of decision under Sec.
601.105 must state the factual circumstances relating to it and the
remedy sought. A disagreement under Sec. 601.107 must also state the
scope and outcome of the initial disagreement resolution attempt with
[[Page 1543]]
the contracting officer. The address of the SDR Official is: Room 4130
(Attn: SDR Official), United States Postal Service Headquarters, 475
L'Enfant Plaza, SW., Washington, DC 20260-4130. e-mail Address:
SDROfficial@usps.gov. Fax Number: (202) 268-0075.
(d) Lodging timeframes. Disagreements under Sec. 601.107 or
contests of decisions under Sec. 601.105 must be lodged with the SDR
Official within the following timeframes:
(1) Disagreements under Sec. 601.107 not resolved with the
contracting officer must be lodged with the SDR Official within 20 days
after they were lodged with the contracting officer (unless ADR had
been used to attempt to resolve them);
(2) Disagreements under Sec. 601.107 for which ADR had been agreed
to be used must be lodged with the SDR Official within 10 days after
the supplier knew or was informed by the contracting officer or
otherwise that the matter was not resolved;
(3) Where a supplier is dissatisfied with the contracting officer's
resolution of a disagreement under Sec. 601.107, the supplier must
lodge the disagreement with the SDR Official within 10 days after the
supplier first receives notification of the contracting officer's
resolution; and
(4) Contests of decisions under Sec. 601.105 to decline to accept
or consider proposals must be lodged with the SDR Official within 10
days of the supplier's receipt of the written notice explaining the
decision.
(5) The SDR Official may grant an extension of time to lodge a
disagreement under Sec. 601.107 or contest of decision under Sec.
601.105 or to provide supporting information when warranted. Any
request for an extension must set forth the reasons for the request, be
made in writing, and be delivered to the SDR Official on or before the
time to lodge a disagreement lapses.
(e) Disagreement decision process. The SDR Official will promptly
provide a copy of a disagreement to the contracting officer, who will
promptly notify other interested parties. The SDR Official will
consider a disagreement and any response by other interested parties
and appropriate Postal Service officials within a time frame
established by the SDR Official. The SDR Official may also meet
individually or jointly with the person or organization lodging the
disagreement, other interested parties, and/or Postal Service
officials, and may undertake other activities in order to obtain
materials, information, or advice that may help to resolve the
disagreement. The person or organization lodging the disagreement,
other interested parties, or Postal Service officials must promptly
provide all relevant, nonprivileged materials and other information
requested by the SDR Official. If a submission contains trade secrets
or other confidential information, it should be accompanied by a copy
of the submission from which the confidential matter has been redacted.
The SDR Official will determine whether any redactions are appropriate
and will be solely responsible for determining the treatment of any
redacted materials. After obtaining such information, materials, and
advice as may be needed, the SDR Official will promptly issue a written
decision resolving the disagreement and will deliver the decision to
the person or organization lodging the disagreement, other interested
parties, and appropriate Postal Service officials. When resolving a
disagreement raised under Sec. 601.107, the SDR Official may grant
remedies including, but not limited to, the following:
(1) Directing the contracting officer to revise the solicitation or
to issue a new solicitation;
(2) Directing the contracting officer to recompete the requirement;
(3) Directing the contracting officer to reevaluate the award on
the basis of current proposals and the evaluation factors contained in
the solicitation; and
(4) Directing the contracting officer to terminate the contract or
to refrain from exercising options under the contract.
(f) Guidance. The SDR Official will be guided by the regulations
contained in this part and all applicable public laws enacted by
Congress. Non-Postal Service procurement rules or regulations and
revoked Postal Service regulations will not apply or be taken into
account. Failure of any party to provide requested information may be
taken into account by the SDR Official in the decision.
(g) Final resolution by the SDR Official and final contract award
of the Postal Service. A resolution by the SDR Official will be final
and binding. If the SDR Official's final resolution affirms the
original contract award of the contracting officer, the contracting
officer's original contract award becomes the Postal Service's final
contract award, and may be subject to judicial review as described in
paragraph (h) of this section. If the SDR Official's final resolution
directs that the Postal Service terminate the contract award and issue
a new solicitation, recompete the requirement, or reevaluate the
current award, the contracting officer shall implement promptly the SDR
Official's final resolution. However, any contract award made by the
contracting officer after a resolicitation, recompetition, or
reevaluation directed by the SDR Official is not a final contract award
of the Postal Service that may be subject to judicial review unless and
until disagreements concerning that contract award have been lodged and
resolved with finality by the SDR Official.
(h) Judicial review. The Postal Service's final contract award, as
described in paragraph Sec. 601.108(g), may be appealed to a Federal
court with jurisdiction based only upon an alleged violation of the
regulations contained in this part or an applicable public law enacted
by Congress. The party lodging the disagreement may seek review of the
Postal Service's final contract award only after the mandatory
administrative remedies provided under Sec. 601.107 and Sec. 601.108
have been exhausted.
(i) Resolution timeframe. It is intended that this procedure
generally will resolve disagreements under Sec. 601.107 or contests of
decisions under Sec. 601.105 within approximately 30 days after
receipt by the SDR Official. The time may be shortened or lengthened
depending on the complexity of the issues and other relevant
considerations.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-385 Filed 1-11-10; 8:45 am]
BILLING CODE 7710-12-P
