terboxes. At fourth-class offices, if a letterbox is not supplied, provide a slot in the outer post office door. When messengers or star route carriers have access to lobbies, door slot deposits must lead to a locked box.

(f) Hour signs. Display hours of window service prominently at all first-, second-, and third-class post offices, classified stations and branches, and annexes. Use Sign 41, Hours decal set, available in supply centers.

(g) Service of process on postal premises. Postmasters or other installation heads shall permit service on postal premises of civil and criminal process affecting employees in personal matters, when such service of process will not interfere with postal operations. Process servers should be directed to the postmaster's or installation head's office, where the employee will be called in and service made. Section 265.10 of this chapter contains rules regarding compliance with subpoena duces tecum, court orders, and summonses where official business or official records are involved.

(h) Public service areas-prohibited items. Photographs of an incumbent or former President or Postmaster General are not to be displayed in post office lobbies or in common use public service areas such as elevator lobbies and corridors in facilities owned by or leased to the Postal Service. Further, such photographs are not to be requisitioned or purchased by postal installations at Postal Service expense.

(39 U.S.C. 501)

[36 FR 4765, Mar. 12, 1971, as amended at 39 FR 38376, Oct. 31, 1974; 40 FR 8820, Mar. 3, 1975; 42 FR 33722, July 1, 1977; 44 FR 39854, July 6, 1979]

PART 244-POST OFFICE FUNCTIONS

§ 244.1 Administering oaths.

(a) All postmasters and assistant postmasters. Postmasters and assistant postmasters are required, empowered, and authorized, when requested, to administer oaths with a like force and effect as officials having a seal, as follows:

(1) Expense accounts. Accounts for travel or other expenses against the United States.

(2) Customs documents. At post offices where customs officers are not stationed, any oath required to be made to statements in customs documents by importers of merchandise by mail, not exceeding $100 in value.

(3) Recruitments for Job Corps program. Oaths of office to prospective Job Corps enrollees.

(4) Fees. Do not collect fees for these services. The United States will not reimburse postal employees for fees paid for administering oaths.

(b) Postmasters in Alaska as notaries public. (1) Administer oaths and affirmations; take acknowledgments and make and execute certificates thereof; and perform all other functions of a notary public within Alaska whenever a certification is necessary to comply with any Act of Congress or of the Legislature of Alaska.

(2) When executing certificates of oath, affirmation, or acknowledgment, and the title "Postmaster" after your signature and give the name of the post office and date document is executed. Place legible postmark impression of the post office on the document.

(3) Keep a record of all deeds and other instruments of writing acknowledged, relating to the title to or transfer of property. This record shall be available to your successors, and shall be subject to public inspection.

(c) Fees for notarial service. An officer or employee who is a notary public shall not charge or receive compensation for notarial services for another officer or employee regarding Government business; nor for notarial services for any person during the hours of the notary's services to the Government, including the lunch period.

(39 U.S.C. 401)

[36 FR 4767, Mar. 12, 1971. Redesignated at 38 FR 20327, July 31, 1973]

(a) Basic authority and responsibilities. (1) Executive Order 11246, amended by Executive Order 11375, requires all Government contracting agencies to include in every nonexempt Government contract, clauses which require nondiscrimination by the contractor against any employee or applicant for employment because of race, color, religion, sex, or national origin.

(2) The Secretary of Labor, responsible for administering this program, created the Office of Federal Contract Compliance within the Department of Labor. He designated this Agency as a compliance agency, responsible for obtaining compliance by certain contractors with the provisions of the Executive order and the rules, regulations and orders of the Office of Federal Contract Compliance.

(b) Definitions. (1) Government contract means any agreement or modification thereof between any contracting agency and any person for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements. The term services includes, but is not limited to, the following services: Utility, construction, transportation, research, insurance, and fund depository. The term Government contract does not include agreement in which the parties stand in the relationship of employer and employee.

(2) Modification means any alteration in the terms and conditions of a contract, including supplemental agreements, amendments, and extensions.

(3) Subcontract means any agreements or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and employee):

(i) For the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one or more contracts; or

(ii) Under which any portion of the contractors obligation under any one or more contracts is performed, undertaken, or assumed.

§ 253.2 Nondiscrimination provisions required in contracts and contract modification.

(a) All contracts or contract modifications entered into by the Postal Service, except those in paragraph (3) of this section, must include the following provisions of section 202, Executive Order 11246 as amended:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agree

ment or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September, 24, 1965, and such order sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued to section 204 pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protest the interest of the United States.

(b) Each nonexempt contractor or subcontractor shall include the clauses in paragraph (a) of this section in each of its nonexempt subcontracts. The clauses may be incorporated by reference in Government bills of lading,

transportation requests, contract for deposit of Government funds, contracts for issuing and paying U.S. savings bonds and notes, and contracts and subcontracts less than $50,000.

§ 253.3 Contracts exempt from section 202, Executive Order 11246, as amended.

(a) Contracts, subcontracts, purchase orders, and other transactions not exceeding $10,000, other than Government bills of lading, are exempt. (Government bills of lading in any amount are subject to the order. For star route and other term contracts, only those not exceeding $10,000 for the full term are exempt. For indefinite term contracts, such as mail messenger and rural stations, only those where the payments, in a 4year period from the inception of the contract, do not exceed $10,000 are exempt.)

(b) Contracts and subcontracts for work performed outside the United States by employees who were not reIcruited within the United States are exempt.

(c) Contracts, subcontracts, or purchase orders specifically exempted by the Director, Office of Federal Contract Compliance, are not subject to the order.

(d) Notwithstanding the inclusion in any contract of the provisions in section 202 of the order, the contractor shall be exempt under any exemptions in the rules, regulations, and orders issued by the Office of Contract Compliance.

§ 253.4 Nondiscrimination posters.

(a) Each contracting officer, upon award of a contract, shall furnish the contractor with an adequate supply of posters and inform each contractor that:

(1) Copies of posters must be furnished to a subcontractor.

(2) Posters must be displayed in all employment offices, on bulletin boards and other conspicuous places available to employees and applicants for employment, and must be similarly displayed by his subcontractor.

(3) Additional copies of the posters may be obtained from the contracting officer.

(b) The posters, in English or Spanish, are available in GSA stores depots. Supplies of posters may be requisitioned through usual channels.

§ 253.5 Reporting contracts and proposed awards.

(a) Contracting officers must furnish the Contract Compliance Division, Law Department, the following information on 5′′ x 8′′ cards for each nonexempt contract within 3 business days:

(1) Name and address of contractor.

(2) Amount of contract. (Total payment for term. For indefinite term contracts, use annual payment. For construction contracts, use Form 4839.)

(3) Identification number of contract, if any.

(4) Date contract entered into. (5) Date of expiration of contract. (6) One sentence explanation of nature of contract.

(b) The contracting officer shall notify the Contract Compliance Division of the proposed award of any supply contract in the amount of $1 million or more at least 20 working days prior to the proposed date of award, unless time does not permit. The Contract Compliance Division will then conduct a preaward compliance review. The contracting officer will be advised of the eligibility of the proposed contractor for the award.

§ 253.6 EEO employer information report.

(a) Each contractor and subcontractor having a contract containing a nondiscrimination clause set forth in § 253.2(a) shall file SF-100, Employer Information Report EEO-1 according to instructions accompanying the form. The form must be filed within 30 days after award of the contract or at such times as may be required by the form or order of the Office of Federal Contract Compliance.

(b) Contracting officers shall furnish an adequate supply of forms to each contractor when the contract is awarded. Order forms from supply centers on regularly scheduled requisition.

8 253.7 Compliance review.

Routine compliance reviews will be made under the supervision of the

Contract Compliance Division to ascertain the extent to which contractors and subcontractors are complying with the Executive order.

§ 253.8 Complaints.

(a) Any employee of any Government contractor or subcontractor or any qualified applicant for employment with such contractor or subcontractor may by himself or by an authorized representative, file in writing a complaint of alleged discrimination in violation of the Equal Opportunity Clause.

(b) All complaints submitted to the Postal Service shall be forwarded immediately to the Contract Compliance Division, Law Department.

(c) Complaints will be processed in accordance with the rules, regulations and orders issued pursuant to Executive Order 11246, as amended.

(a) Policy. The Postal Service cooperates with Federal Agencies whenever the overall costs to Government will be reduced. Assistance in a number of special projects and programs is provided when the knowledge and abilities of postal employees are helpful.

(b) Reimbursement. The Postal Service establishes reasonable fees and charges for nonpostal services performed for agencies of the Federal as well as State governments. In establishing such fees and charges, the Postal Service considers the value of time of the personnel directly involved in the performance of the service, including direct supervision and supporting functions, plus the cost of materials and supplies specifically sold, used or consumed. Also included is an element representing a reasonable share of Postal Service general overhead costs which are not attributable or assignable specifically to any product or service. The establishment of such fees and charges shall be reasonably

consistent with the methods employed in establishing rates and fees for postal services then in effect.

(c) Except as provided in paragraph (d) of this section, arrangements for Postal Service participation in special surveys, censuses, and other activities must be made between the national headquarters of the requesting agencies and the Customer Services Department, U.S. Postal Service, Washington, D.C. 20260. Refer all requests to the Regional Postmaster General for forwarding to Headquarters. Authority to perform services for Government agencies is announced in the Postal Bulletin or by individual letters to the offices involved.

(d) Housing Vacancy Surveys. (1) General. An interagency agreement between the U.S. Postal Service (USPS) and the Federal Home Loan Bank Board (FHLBB) establishes the terms and conditions and reimbursement rates under which USPS will conduct Housing Vacancy Surveys in City Delivery offices when requested by FHLBB.

(2) Restrictions. The Agreement only authorizes the disclosure of aggregate statistical data. Postal managers must not permit the name or address of any past or present postal patron, or any other person to be disclosed unless such disclosure is authorized in writing by USPS Regions or Headquarters and is not in violation of 39 U.S.C. 412.

(3) Postmaster's Responsibility. (i) A postmaster will receive notification from FHLBB when his office has been selected to conduct a Housing Vacancy Survey. Normally, written notification will be mailed to the postmaster 30 days in advance of the date FHLBB would like USPS to conduct the survey, since USPS is under no obligation to use overtime or auxiliary assistance to conduct these surveys. The postmaster or his designee will schedule the survey on or near the date requested and will promptly reply to FHLBB so that the necessary forms will be provided on time.

(ii) All necessary forms and instructions will be supplied directly to each post office to be surveyed. Postmasters will designate a manager in each delivery unit to coordinate the survey

within the unit and to review completed survey forms for accuracy.

(iii) FHLBB may request USPS to perform special or emergency surveys with less than 30 days advance notice. Since FHLBB has agreed to reimburse USPS at twice the normal rates for promptly performing such surveys, every reasonable effort should be made to accommodate such requests in a timely manner.

(iv) Housing Vacancy Surveys will not be conducted during the month of December of any year.

(v) Postmasters will notify the Office of Delivery and Collection, Washington, D.C. 20260, of the number of each type survey form completed for FHLBB. FHLBB will then remit payment directly to Headquarters, USPS.

(vi) USPS will not release or publish any survey results except in response to a court order, subpoena, or as required by the Freedom of Information Act.

(e) Unauthorized projects prohibited. Do not conduct special surveys or otherwise participate in any cooperative projects without the authorization in paragraph (c) of this section.

(39 U.S.C. 401, 411)

[36 FR 4773, Mar. 12, 1971, as amended at 40 FR 26511, June 24, 1975; 41 FR 56196, Dec. 27, 1976; 42 FR 58170, Nov. 8, 1977; 42 FR 63170, Dec. 15, 1977)

§ 259.2 Red Cross.

(a) General. The Postal Service and the Red Cross cooperate to maintain communication between the individual and the community during times of disaster. This applies only to natural disasters such as those caused by floods, tornados, hurricanes, earthquakes, fires, explosions, etc., and not to those caused by enemy action.

(b) Role of Postal Service. The Postal Service and the Red Cross will share information on the whereabouts of persons displaced by disasters, and otherwise cooperate with each other, as follows:

(1) The Red Cross will use Form 3575, Change of Address Order, as a standard item in Red Cross disaster relief. It will urge disaster victims displaced from their homes to obtain and