would bind the U.S. Postal Service or the United States. Failure to mention a statute does not excuse any person from complying with it.

§ 447.91 Statutes and regulations applicable to postal employees.

The following statutes are applicable to all employees in the Postal Service: (a) House Concurrent Resolution 175, 85th Congress, 2nd Session, 72 Stat. B12, the "Code of Ethics for Government Service." (Quoted above at § 447.12)

(b) Prohibition against proscribed political activities (5 U.S.C. subchapter III of chapter 73 and 18 U.S.C. 602, 603, 607, and 608).

(c) Prohibition against appointing or promoting a relative, or advocating such an appointment or promotion (5 U.S.C. 3110).

(d) Prohibitions against disloyalty and striking (5 U.S.C. 7311; 18 U.S.C. 1918).

(e) Chapter 11 of title 18, U.S.C., relating to bribery, graft, and conflicts of interest.

(f) Prohibition against acting as the agent for a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

(g) Prohibition against unauthorized taking or use of documents relating to claims against or by the Government (18 U.S.C. 285).

(h) Prohibition against postal employees becoming interested in any contract for carrying the mail (18 U.S.C. 440).

(i) Prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(j) Prohibition against:

(1) Embezzlement of Government money or property (18 U.S.C. 641);

(2) Failing to account for public money (18 U.S.C. 643); and

(3) Embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(k) Prohibitions against:

(1) Disclosure of classified information (18 U.S.C. 798), and

(2) Disclosure of confidential information (18 U.S.C. 1905).

(1) Prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(m) Prohibition against participation in lottery enterprises (18 U.S.C. 1303). (n) Prohibition against Carriage of Mail contrary to law (18 U.S.C. 1693). (0) Prohibition against Desertion of Mail (18 U.S.C. 1700).

(p) Prohibition against Obstruction of Correspondence (18 U.S.C. 1702).

(q) Prohibition against Delay or Destruction of Mail or newspapers (18 U.S.C. 1703).

(r) Prohibition against theft of mail (18 U.S.C. 1709).

(s) Prohibition against theft of newspapers (18 U.S.C. 1710). (t) Prohibition against Misappropriation of Postal Service funds (18 U.S.C. 1711).

(u) Prohibition against falsification of postal returns (18 U.S.C. 1712). (v) Prohibition against improper issuance of money orders (18 U.S.C. 1713).

(w) Prohibition against misuse of the franking privilege (18 U.S.C. 1719). (x) Prohibition against sale or pledge of stamps (18 U.S.C. 1721).

(y) Prohibition against unlawful collection of postage (18 U.S.C. 1726).

(z) Prohibition against failure to account for postage (18 U.S.C. 1727).

(aa) Prohibition against improper approval of bond or sureties (18 U.S.C. 1732).

(bb) Prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(cc) Prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(dd) Prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(ee) Prohibition against disclosure of lists of names and addresses (39 U.S.C. 412).

(ff) Prohibition against making or receiving political recommendation for appointment or promotion (39 U.S.C. 1002).

(gg) Prohibition against receipt of unauthorized fees (39 U.S.C. 1009).

(hh) Oath of office required for all postal employees (39 U.S.C. 1011).

(ii) Prohibition against opening firstclass mail (39 U.S.C. 3623).

(jj) Privacy Act of 1974 (5 U.S.C. 552a).

NOTE: In addition to these statutes, Executive Order No. 11222 of May 8, 1965, as

made applicable to the Postal Service by Executive Order No. 11590 of April 23, 1971, prescribes standards of ethical conduct for officers and employees of the Government. [39 FR 1990, Jan. 16, 1974, as amended at 40 FR 45726, Oct. 2, 1975]

§ 601.100 Postal Contracting Manual; incorporation by reference.

Section 552(a) of title 5, U.S.C., relating to public information requirements of the Administrative Procedure Act, provides in pertinent part that matter reasonably available to the class of persons affected thereby is deemed published in the FEDERAL REGISTER when incorporated by reference therein with the approval of the Director of the Federal Register." In conformity with that provision, with 39 U.S.C. section 410(b)(1), and as provided in this part, the U.S. Postal Service hereby incorporates by reference

its Postal Contracting

Manual (PCM), Publication 41, a looseleaf publication.

[36 FR 23217, Dec.7, 1971]

NOTE: Incorporation by reference was approved by the Director of the Federal Register on December 3, 1971, and extended at 42 FR 29488, June 9, 1977; 43 FR 22717, May 26, 1978; 44 FR 31976, June 4, 1979 (corrected at 44 FR 32369, June 6, 1979), and at 45 FR 44090, June 30, 1980.

placed into effect at an earlier time by individual procurement officers of the Postal Service for procurement activities under their jurisdiction after December 7, 1971.

[36 FR 23217, Dec. 7, 1971]

§ 601.102 Applicability and coverage.

(a) The Postal Contracting Manual applies to all Postal Service procurements of property and services.

(b) The Postal Contracting Manual supersedes interim regulations on the procurement of property and services published in the FEDERAL REGISTER of June 30, 1971 (36 FR 12451).

[36 FR 23217, Dec. 7, 1971, as amended at 37 FR 1275, Jan. 11, 1972]

§ 601.103 Content of Postal Contracting Manual.

The Postal Contracting Manual consists of 27 sections, some of which are reserved for subsequent use, and two appendices, as follows:

(a) Section 1 covers general procurement policies, including the delegation of procurement responsibilities and authorities; procedures for contracting with small and minority-owned business concerns, and concerns in labor surplus areas; and Buy American Act preferences.

(b) Section 2 establishes procedures for purchase by formal advertising and the determination of protests against award.

(c) Section 3 authorizes purchase by negotiation under certain prescribed circumstances and sets forth applicable procedures and techniques.

(d) Section 5 covers procurement from other Government agencies.

(e) Section 6 prescribes procedures for effecting small purchases not in excess of $5,000, or $10,000 in certain circumstances.

(f) Section 7 prescribes clauses for use in various types of contracts.

(g) Section 8 describes principles and procedures applicable to the termination of contracts for convenience or for default.

(h) Section 9 covers patents and the acquisition of rights in data.

(i) Section 10 sets forth policies and procedures governing bonds and insurance under contracts.

(j) Section 11 discusses the impact of Federal, State, and local taxes upon postal procurements, and provides clauses relating thereto.

(k) Section 12 implements the labor statutes applicable to the Postal Service, and prescribes procedures governing equal employment opportunity under postal contracts.

(1) Section 14 covers inspection and acceptance.

(m) Section 15 establishes cost principles for use in postal contracts.

(n) Section 16 illustrates procurement forms and sets forth instructions for their use.

(0) Section 18 prescribes policies and procedure for the acquisition and control of land, for leasing postal facilities, for the procurement of construction and minor repairs and improvements.

(p) Section 19 establishes policies and procedures for the procurement of mail transportation and directly related ancillary services by contract.

(q) Section 20 deals with administrative matters including numbering procedures for procurement documents and formats for contracts.

(r) Section 22 prescribes procedures for the solicitation, award, and administration of job cleaner contracts.

(s) Section 24 deals with disposition of personal property in possession of contractors.

(t) Section 26 prescribes policies and procedures for the application of transportation and traffic management considerations in procurement of supplies and services.

(u) Section 27 defines policies and procedures applicable to research and development contracts.

(v) Sections 4, 13, 17, 21, 23, and 25 are reserved for future use.

(w) Appendix A sets forth the rules of practice before the Postal Service Board of Contract Appeals (Part 955 of this chapter).

(x) Appendix B contains the rules of practice in proceedings relative to debarment and suspension from contracting (Part 957 of this chapter).

[36 FR 23217, Dec. 7, 1971, as amended at 39 FR 26403, July 19, 1974; 41 FR 20408, May 18, 1976; 42 FR 35158, July 8. 1977]

§ 601.104 Availability of Postal Contracting Manual.

(a) Copies of the Postal Contracting Manual, Publication 41, may be purchased, and changes to the Manual may be obtained, from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Manual may be examined during normal business hours at the U.S. Postal Service, Office of Contracts, 475 L'Enfant Plaza West, S.W., Washington, D.C. 20260, and at the following U.S. Postal Service Regional Contract and Supply Management Branches:

Northeastern Region, 33d Street & Eighth Avenue, New York, N.Y. 10098.

Eastern Region, 1845 Walnut Street, Philadelphia, PA 19101.

Southern Region, Mid-Memphis Tower, 1407 Union Avenue, Memphis, TN 38166. Central Region, 433 West Van Buren Street, Chicago, IL 60699.

Western Region, 850 Cherry Street, San Bruno, CA 94099.

(b) A copy of the Postal Contracting Manual is on file with the Director, Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408.

[36 FR 23217, Dec. 7, 1971, as amended at 41 FR 20408, May 18, 1976; 42 FR 27588, May 31, 1977]

§ 601.105 Amendments to the Postal Contracting Manual.

Notice of changes made in the Postal Contracting Manual will be periodically published in the FEDERAL REGISTER. The text of such changes will be filed with the Director, Office of the Federal Register. Subscribers to the basic Manual will receive from time to time the amendments from the Postal Service in the form of Postal Contracting Manual Circulars. PCM Circulars will be cumulated in an annual Transmittal Letter which subscribers will re

ents (hereinafter, intellectual properties) having significant economic or other business value, except when to do so would be contrary to the best interest of the Postal Service. Intellectual property rights shall be acquired and managed so as to:

(a) Promote the economic, operational, and competitive well-being of the Postal Service;

(b) Limit restrictions on the use of Postal Service intellectual property to a minimum consistent with its statutory obligations;

(c) Assure that all potential users are treated fairly;

(d) Give due regard to other relevant considerations.

In accordance with the foregoing policy, the Postal Service Intellectual Property Rights Board, with the approval of the Assistant Postmaster General, Procurement and Supply Department, formulates the program for the management of the Postal Service's rights in intellectual property. It identifies intellectual properties in which the Postal Service should secure its rights. It receives and makes recommendations for the disposition of applications for use of Postal Service intellectual property. It periodically reviews the intellectual property rights portfolio to determine the extent of the utilization of protected properties and recommends relinquishment of ownership when it considers ownership no longer desirable. It is advised by the Office of Contracts of performance under license agreements and makes recommendations for corrective measures when necessary. In consultation with the Law Department, it recommends appropriate action against unauthorized use of intellectual property.