(d) All available mail not taken. (e) Departure of carrier ahead of schedule without permission of responsible postal official.

(f) Damage to or destruction of mail. (g) Misconduct of driver or contractor.

(ii) Submit report to the director, transportation division, when roads regularly traveled by carrier are changed or become permanently obstructed, necessitating use of other roads.

(2) By carriers. Carriers who fail to provide required service must make a prompt explanation to the postmaster at the head of the route.

[30 F.R. 10150, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 521.8 Routes under administration of postmasters.

(a) Selection of routes and designation of postmaster. Certain star routes, consisting principally of those maintained exclusively for box service, those emanating from a sectional center and operating only to satellite offices, and those making no connection to major carriers or sources of supply at outer or intermediate termini, are placed under the immediate supervision and administrative control of one of the postmasters on the route. The Regional Operations Director will select the routes and designate the postmasters to whom the administrative and supervisory authority will be delegated.

(b) Issuance of instructions. Appropriate instructions in connection with this delegated authority will be issued to postmasters and contractors by the distribution and traffic manager.

(c) Responsibilities and duties of postmasters. Postmasters at all other offices on a route shall report, on Form 5177, "Transit Mail Delay or MVS Platform Irregularity" irregularities complaints, and any other local problems regarding operation of the route to the designated postmaster, who shall:

(1) Give daily supervision to the contractor's operations to assure compliance with the contract.

(2) Investigate complaints regarding service on the route and take corrective action whenever possible.

(3) Investigate irregularities shown in 521.3(g) (2) (vi) or any other serious irregularities, and report them to the di

rector, transportation division, using the same Form 5177, or initiating a new Form 5177. Make similar report of any full or partial trips not performed due to fault or negligence of contractor, showing miles of service omitted, and reason for omissions.

(4) Prepare recommendations for establishment, discontinuance or changes in existing routes on Form 5471, "Recommendation for Star Route Change", and forward to the director, transportation division.

(5) Make an annual inspection during September of box delivery routes. Report inspection on Form 5406, "Box Delivery Star Route Inspection Report." Prepare in triplicate, send original to transportation division, one copy to delivery services officer, and keep a copy.

(6) Make inspection of nonbox delivery star routes when directed to do so by the director, transportation division. Report inspection on Form 5407, "Survey of Star Route." Prepare in duplicate, submit original to transportation and keep a copy.

(7) Review contractor's request for readjustment of pay. See Subpart F of this part.

(8) Certify service performed at end of each accounting period to the transportation division on Form 5399, after reviewing and consolidating information obtained from Forms 5399, from other postmasters on the route who have been directed to submit their 5399's to the administrative postmaster. See § 521.7(b). Include all omitted service and reasons therefor even though previously reported on Form 5177.

[26 F.R. 11631, Dec. 6, 1961, as amended at 30 F.R. 10151, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 521.9 Screening contractors, subcontractors, and certain employees.

(a) Who must be screened. Each contractor, subcontractor, or person employed by a contractor or subcontractor, to handle mail or drive a mail vehicle except those enumerated in paragraph (b) of this section must complete Form 2025, "Contract Personnel Questionnaire," and have his fingerprints taken on Form FD-258 (Fingerprint Chart), within 30 days after beginning service. The 30-day limit may be extended by the director, transportation division, in unusual circumstances.

(b) Those exempted from screening. The following are exempted from completing screening forms:

(1) Certificated interstate carriers and their employees.

Sec.

PART 522-MAIL MESSENGER SERVICE

(2) Civil service personnel otherwise subject to investigation under Executive Order 10450.

(3) Persons who have been screened previously for another route.

(4) Employees hired for an emergency of only a few days. This does not exempt regular, relief or substitute employees.

(c) When to complete forms. When a new contract is awarded or a subcontract recognized, the director, transportation division, will determine whether the contractor, subcontractor, or their employees handling mail need to be screened according to the requirements in paragraph (a) of this section and shall act as follows:

(1) If the contractor, subcontractor, or their employees must be screened, the transportation division will forward to the administrative postmaster or to the postmaster at the head of the route sufficient copies of the screening forms, together with Notice 77, "Instructions for Completion and Handling of Screening Forms 2025 and FD-258."

(2) If the contractor or subcontractor is exempted from screening as set forth in paragraph (b) of this section, the transportation division will send the contractor or subcontractor Form 5415, "Reminder of Post Office Department Screening Program", reminding him of his responsibility for screening any new employee he may hire to handle mail on the route.

(d) Removals. Contractors, subcontractors, or their employees handling mail or driving a mail vehicle, may with Departmental approval, be removed if the screening process shows they have been convicted of a crime such as embezzlement, robbery, burglary, larceny, perversion or other notoriously immoral acts; have associated with known criminals; or have a record of serious moving traffic violation, unless they have since been rehabilitated and have become responsible citizens.

[30 FR. 10151, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

522.2

Establishing service.

Mail messenger service is a local mail transportation service performed by mail messengers designated by the Post Office Department to collect, transport, and transfer mail between post offices, stations, and branches and railroad terminals, steamboats, highway post offices, star routes, truck terminals, airport mail facilities, and stop points in the same or adjacent communities, including collection of mail from collection boxes when so directed by the director, transportation division. It may be used for occasional unscheduled trips of intercity mail or mail equipment transportation over longer distances. When service is principally for scheduled intercity transportation, use star route service. When local service is so extensive that a performance bond is needed to protect the Government's interest, use contract motor vehicle service. Mail messenger service will not be authorized to transport mail consigned between an airport and a post office at which there is Government-owned vehicle service operated by motor vehicle operators when the distance is not more than 35 miles, if it is possible to transport the mail by Government-owned motor vehicles.

[29 F.R. 6538, May 20, 1964. Redesignated at 31 F.R. 15351, Dec. 8, 1966] § 522.2 Establishing service.

(a) Authorizing service. (1) When an immediate need for service develops, the postmaster shall apply to the transportation requirements and procurement officer for authority to employ a temporary messenger. Application must show the necessity for service and the lowest rate obtainable.

(2) If the transportation requirements and procurement officer determines that temporary service is justified, he will authorize the postmaster to employ a temporary messenger. No service

shall be put into effect until authorized by the transportation requirements and procurement officer.

(3) When the need for service is not immediate it is usually desirable for the transportation requirements and procurement officer to advertise for regular service. He may advertise temporary routes for regular service at any time he considers it desirable.

(4) The postmaster shall furnish the transportation requirements and procurement officer a detailed description of the service required showing for each one-way trip, the origin, loading time, leaving time, average number of pieces handled, distance, destination, arriving time, unloading time, train or trip number connected (if any), and average waiting time (if any) for late train or other carrier.

(5) The director, transportation division, shall require postmasters at fourthclass offices to transport mail between the post office and railroad station or other exchange points without additional pay: Provided:

(1) The exchange point is within onefourth of a mile of the post office.

(ii) No motor or horse-drawn vehicle is required.

(iii) Transporting the mail will not cause an unreasonable hardship on the postmaster.

(6) When mail messenger service cannot be obtained at a reasonable rate, the regional operations director may authorize postmasters to assign postal employees to transfer mail between the post office and exchange points as a part of their regular duties.

(7) If a truck is needed to perform the service, the director, transportation division, shall require the messenger to provide one with fully enclosed body, waterproof, equipped with secure locking devices, such as key or combination locks, and it must be kept locked enroute between exchange points.

(b) Advertising for service. (1) When a regular designation is necessary, the transportation requirements and procurement officer will prepare advertisements and forward them to the postmaster at the post office where service is needed. Advertisements will allow at least 10 days posting from the date of receipt until the closing date for bids.

(2) The postmaster shall post the advertisements in the most conspicuous place in the lobby of the post office and at other points where they can be seen

by persons most likely to place bids. He must give the widest publicity possible to all advertisements, without expense to the Postal Service.

(c) Requirements for bidders-(1) Age. Mail messengers must not be under 18 years of age.

(2) Residence. The bidder must either reside on or adjoining the route on which service is to be performed, or file with his bid an agreement that, if designated as mail messenger, he will reside on or adjoining the route.

(3) Reliability. Postmasters and director, transportation division, shall disapprove bidders who:

(i) Are known to have been convicted of a crime as those listed in § 521.3 (c) (2) (i) (e) unless he has since been rehabilitated and has become a responsible citizen.

(ii) Have traffic records which indicate that it would be hazardous to permit them to operate vehicles.

(iii) Are unable to furnish adequate equipment.

(ii) Any employee is ineligible if his interest in mail messenger service interferes with his postal duties. Before accepting an employee's proposal or permitting his employment under a mail messenger designation, the transportation requirements and procurement officer must get a statement from the postmaster that the employee's interest in mail messenger service will not interfere with his postal duties.

(iii) Any employee or any member of his immediate family is ineligible if the employee has access to mail messenger files during the period when bids are being received.

(d) Bid procedures—(1) Submitting. Advertisements specify that bids will be submitted to the distribution and traffic manager. Postmasters shall not accept bids except as sealed, postage-paid letters addressed to the distribution and traffic manager. Bids mistakenly mailed to postmasters should be forwarded at once unopened to the distribution and traffic manager. If the amount of any bid becomes known in any way to the postmaster, he must not divulge it to anyone. This type of information may be disclosed only after all bids have been opened, subject to public observation, by the regional bid-opening committee and the information made available, as may be requested, to interested parties.

(2) Returning advertisement. Immediately after the closing date of the advertisement, the postmaster shall forward the actual posted copy to the distribution and traffic manager, endorsed to show the period of time and place it was posted, accompanied by a statement showing how it was publicized.

(3) Opening and awarding. The proposals shall be opened in the office of the distribution and traffic manager. The lowest acceptable bidder must be designated as the mail messenger if award is made. The right is reserved to reject any or all bids if they are not acceptable, but sufficient information must be shown on the designating order to justify such action.

(e) Designation of messenger. The director, transportation division, shall prepare the mail messenger's notice of designation on Form 5489, "Notice of Designation of Mail Messenger." One copy of Form 5489 will be sent to the postmaster concerned, together with a copy of Form 5498, "Oath of Mail Messenger." Immediately on receipt of his

copy, the postmaster must administer the oath and notify the designated messenger to begin service on the date specified in the notice. At the same time, he must inform the retiring messenger of the date he is to be released.

(f) Form 5498 is required of all designated regular and temporary mail messengers. Immediately on their acceptance of the position, the postmaster shall forward the completed Form 5498 to the director, transportation division. Postmaster shall not stock Form 5498.

(g) Employment of assistants. Messengers shall personally supervise the performance of service. They must not assign or sublet the service, but they may employ assistants at their own expense during absence from duty for short periods. The assistants must conform to all requirements stated for the messenger himself. They must be approved by the postmaster in charge of the service.

[26 F.R. 11631, Dec. 6, 1961, as amended at 26 F.R. 12218, Dec. 21, 1962; 28 F.R. 6452, June 22, 1963; 29 F.R. 6538, May 20, 1964; 30 F.R. 10151. Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

(a) Postal services provided. (1) Mail messengers shall obey all orders and regulations or special instructions from the Post Office Department, transportation planning and procurement officer, the field services officer, or the postmaster affecting the mail messenger service.

(2) When required by the transportation requirements and procurement officer, mail messengers must:

(i) Receive the mail from and deliver it into post offices and to air carriers or airport mail facilities; and receive from and deliver to mail cars and steamboats when such cars or boats are accessible.

(ii) Deliver and receive mail at mail cars even when not accessible to his vehicle, if mail trains arrive at times when no railroad representative is on duty. If the use of hand trucks is necessary, the railroad company shall furnish them. Messengers are not required to load mail across or move hand trucks across live tracks.

(iii) Deliver and receive mail at mail cars not accessible to his vehicle if the mail can be readily handled by hand on one trip, even though a railroad representative is on duty.

(iv) Place mail on cranes, at points where the use of cranes is necessary, if the mail can be readily handled by hand at one trip, even though a railroad representative is on duty.

(v) Deliver to and receive from railroad and steamboat employees at the nearest accessible point when those employees are on duty and the volume of mail is too large to be handled by hand at one trip.

(vi) Make collections from hasp and staple-type collection boxes locked by METRO series padlocks. Postal installations managers will arrange for METRO padlocks and keys to be furnished postmasters at offices where mail messengers are authorized to make collections from collection boxes.

(vii) Perform service in accordance with the schedules of arrivals and departures prescribed by the postmaster. (viii) See § 521.3 (e) (6) (iv).

(1)

(b) Instructions to messengers. The transportation requirements and procurement officer will prepare Form 5489 "Notice of Designation of Mail Messenger," so that service requirements will be properly and clearly stated.

(2) The postmaster must instruct the messenger in the performance of his duties as stated on Form 5489. Subject to the approval of the transportation requirements and procurement officer, the postmaster must prescribe schedules of arrival and departures. He must require the messenger to wait for and receive mail from and deliver it to delayed trains, planes, or boats. Messengers may be required to wait 2 hours for delayed carriers unless local conditions are such that the transportation requirements and procurement officer designates a specific waiting time more or less than 2 hours.

(3) Where payment for service is on a trip basis, the postmaster should notify the mail messenger in advance when flights are canceled making service to the airport or heliport unnecessary. The mail messenger must make provision for receipt of notifications by telephone or other direct means of communication. When so notified payment for the trip will not be made.

(c) Changes in service-(1) Extension. The postmaster shall obtain authorization from the transportation requirements and procurement officer before extending the service of a mail messenger beyond the limits stated in the advertisements. The transportation re

quirements and procurement officer will issue the necessary instructions on Form 5440 C-D-E, "Contract Route Service Order."

(2) Reduction. Observe the following before making any reduction in service:

(i) Postmasters shall report promptly to the transportation requirements and procurement officer when requirements are reduced due to curtailment of RPO service, change of location of post office, railroad station, or airport, etc.

(ii) In the event of service changes, postmasters shall not reduce requirements without appropriate instructions from the transportation requirements and procurement officer.

(iii) The transportation requirements and procurement officer is responsible for negotiating a lower rate, if possible, when service is reduced. He should request assistance from the postmaster or the field services officer in this respect.

(iv) If a reasonable lower rate is obtained, the transportation requirements and procurement officer will restate service and pay on Form 5440 C-D-E.

(v) When a reasonable rate cannot be negotiated, the transportation requirements and procurement officer will readvertise the route.

(d) Irregularities—(1) Observation of service. Postal employees shall observe the services performed by mail messengers at railroad stations or other facilities and report any failures or irregularities that come to their atten

tion.

(1) The

(2) Record of irregularities. postmaster shall: (a) Keep an accurate record of all delays, omitted trips, and other irregularities; (b) report omitted trips when certifying payment of Form 2640, "Postmaster Certification of Mail Messenger Service Performed (RS-FI78)"; (c) immediately report each irregularity, including omitted trips, by memorandum to the transportation requirements and procurement officer. Report should show cause and messenger's explanation, if known.

(ii) The transportation requirements and procurement officer must issue a brief against the messenger on Form 5178, "Notification of Irregularity," for each serious irregularity unless the postmaster's report includes satisfactory explanation.

(3) Assessing fines. (i) Messengers shall be allowed a reasonable time to explain irregularities briefed on Form