(2) By request. The distribution and traffic manager will recognize the termination of a subcontract prior to its stated period on proper notification by either party to the subcontract.

On

(3) By death of subcontractor. the death of a subcontractor, the contractor, legal representative of the estate of a deceased contractor, or sureties in charge should immediately resume charge of the route. Postmasters should notify the transportation requirement and procurement officer having supervision over the route, who will issue necessary instructions to all concerned.

(g) Contracting with subcontractors. When a contractor has sublet a route in accordance with law and does not indicate in writing to the Postmaster General at least 90 days before the end of the contract term that he desires to renew the contract, the distribution and traffic manager may enter into a contract on the same terms, without advertising the route for bids, with a subcontractor who has performed satisfactory service on the route for a period of at least 6 months. [26 F.R. 11630, Dec. 6, 1961, as amended at 30 F.R. 10150, Aug. 14, 1965; 31 F.R. 12637, Sept. 27, 1966. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 521.5 Temporary service.

(a) On new routes. (1) Contracts for temporary star route service may be made without formal advertisements for periods not to exceed 1 year.

(2) No bond is required with a temporary contract. These contracts may run to the end of the fiscal year or not exceeding 1 full calendar year.

(3) Contracts for temporary service provide for their termination on 15-days' notice by either party.

(4) Before temporary service is authorized, bids are usually solicited by transportation planning and procurement officer. The lowest bid must be accepted unless there is sufficient reason for rejecting it.

(b) On regular routes. Temporary service may be provided under the following conditions:

(1) When a contractor fails to provide service, the transportation requirement and procurement officer in charge of the service, or the postmaster at the head of the route, has authority to employ a carrier at the lowest obtainable rate.

(2) The expense of temporary service is charged to the contractor.

(3) Employment of temporary service is to be continued until regular service is resumed by or for the contractor or his sureties.

(4) Where temporary carriers have been employed by postmasters, full report of the circumstances must be made to the transportation requirement and procurement officer.

(5) When the employment of a temporary carrier is necessary on a regular route, payment to the regular contractor must be suspended until proper adjustments are made.

(6) No payment will be made to a temporary carrier before the director, transportation division has issued an order authorizing the payment.

(c) In lieu of train service—(1) Limited interruption of railroad service. When temporary interruption of railroad service of a very limited nature is expected to last no more than a day or two, temporary service should be employed at the lowest obtainable rate. Bills shall be prepared on Form 2524, "Bill for Temporary Service in Lieu of Railroad Service," and must be charged to the Railroad Transportation account.

(2) Extended interruption of railroad service. When an interruption of railroad service appears to be of an extended nature, such as a strike or damage to or destruction of rail facilities, temporary star route service should be employed. This service shall be certified to on Form 5429, "Certification of Exceptional Contract Service Performed," appropriately marked to be charged to "Temporary in Lieu of Rail" account. When there is temporary interruption of railroad service, temporary service should be employed at the lowest obtainable rate. The cost of the service is chargeable to the Railroad Transportation, and must not be reported as star route service. Bills covering employment of service under these conditions are prepared on Form 2524 "Bill for Temporary Service in Lieu of Railroad Service."

(d) Emergency temporary service. When an emergency makes it necessary to divert mail in transit, temporary service may be provided.

(e) On airmail routes. In the event of a major disaster, temporary service may be provided, without advertising, for the transportation of mail by aircraft to or from the affected localities.

(f) Death of a temporary contractor. When a contractor or carrier for a tem

porary route dies, it is necessary to enter into another temporary contract or employ another temporary carrier. New bids may be solicited by the transportation requirements and procurement

officer.

[26 F.R. 11630, Dec. 6, 1961, as amended at 28 F.R. 6452, June 22, 1963. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 521.6 Protection of mail.

The contractor and his sureties are accountable and answerable in damages for failure to protect the mail from loss, depredation, becoming wet, and other damage either from the elements or other causes.

[28 F.R. 6452, June 22, 1963. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 521.7 Records and reports.

(a) Records-(1) At large installations. Postmasters and heads of large installations having extensive star route operations and who are designated by the director, transportation division, as reporting offices for performance of star route service, shall, when specifically directed by the transportation division maintain Form 5398, "Report of Performance on Star Routes-Large Installations."

(2) At other installations. Postmasters and other installation heads designated by the director, transportation division, as reporting offices for performance of star route service, and who are not specifically directed to use Form 5398, shall "daily" record in duplicate on Form 5399, "Record of Performance of Highway and Water Routes," the actual departure and arrival times and all irregularities. Entries on Form 5399 will not be made by star route contractors or their drivers.

(b) Recurring reports—(1) Form 5398. If directed to use Form 5398, postmasters and other installation heads shall prepare and submit reports as follows:

(i) Assign responsibility for preparation of Form 5398 to the tour supervisor or the postal employee responsible for supervision of the star route operations. This employee shall sign each form certifying its correctness.

(ii) Enter outbound and inbound trips on separate forms, showing all scheduled trips and any extra trips performed. Separate forms shall be prepared by the supervisor of each tour.

(iii) Prepare forms in duplicate and submit original DAILY to the director,

transportation division, as a certification of the service performed. Retain copy at installation. If another region is concerned in the operation of a route, prepare another copy and forward to the transportation division of that region. (2) Form 5399. Postmasters and other installation heads maintaining records of performance on Form 5399 will "immediately, at the end of each accounting period," send original Form 5399, properly certified, to the administrative postmaster of the route or to the director, transportation division, whichever he may have been directed to do, and retain

copy.

(3) Form 5397, star route extra trip authorization. If the director, transportation division, must frequently authorize extra trips on a star route, he will furnish a supply of Form 5397 to the postmaster or other installation head responsible for reporting for extra trips, who will complete the form in accordance with instructions thereon. When an extra trip is authorized and performed, and the postmaster does not have a Form 5397, the transportation division will furnish the postmaster a Form 5397 with instructions as to how it should be completed.

(4) Form 5463, report of performance of highway mail transportation (unit rate contracts). Form 5463 will be used to report performance of service to the director, transportation division, under unit rate contracts (piece rate, pound rate, trip rate, mileage rate, etc.). The transportation division will designate the postmasters and other installation heads who will report on Form 5463. At the close of accounting period, postmaster will forward Form 5463 "immediately" to director, transportation division, so as to facilitate certification and payment.

(c) Special reports-(1) By postmasters and other designated installation heads. (i) Submit immediate narrative report to the director, transportation division, when the following types of irregularities occur:

(a) Failure of carrier to depart or arrive.

(b) Chronic or frequent delays of 15 minutes or more in departure or arrival even though mail is not delayed in delivery.

(c) Any delay resulting in delay in delivery, missed connections, or disruption of work schedules in office. Use Form 5177. See § 521.8(c).

(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 common carriers and their employees.

(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]

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 indiIcate that it would be hazardous to permit them to operate vehicles.

(iii) Are unable to furnish adequate equipment.