§ 3041.320 Procedures and filing requirements for non-published rates negotiated service agreements. ( a ) A request to add a non-published rates product to the competitive product list must comply with the requirements of this section and the requirements of § 3035.105(a) of this chapter.
( b ) A non-published rates product contract template may be proposed at any time during or following the pendency of a streamlined-option rulemaking considering a proposed financial model, minimum rates, and Mail Classification Schedule changes for standardized distinct products and non-published rates products.
( c ) A non-published rates product is added to the competitive product list after: ( 1 ) Issuance of a Commission order authorizing the use of an applicable financial model, minimum rates, and Mail Classification Schedule changes in a streamlined-option rulemaking; and
( 2 ) Issuance of a Commission order approving the non-published rates product contract template.
( d ) A non-published rates product financial model, minimum rates, and Mail Classification Schedule changes must be, or have been, proposed in a streamlined-option rulemaking.
( e ) A proposal for a non-published rates product contract template must include the following information: ( 1 ) The proposed non-published rates product contract template;
( 2 ) The rate and class decision of the Postal Service Board of Governors under 39 U.S.C. 3632 relating to the proposed non-published rates product contract template and the record of the proceedings in connection with such decision;
( 3 ) A copy of the applicable sections of the Mail Classification Schedule and the proposed addition therein in legislative format;
( 4 ) The number of the Commission order approving the use of the financial model associated with the proposed non-published rates product contract template or the number of the docket in which the financial model associated with the proposed non-published rates product contract template is being considered;
( 5 ) A description clearly explaining the operative components of the non-published rates product contract template;
( 6 ) A description of the availability and nature of enterprises in the private sector engaged in the delivery of the postal services involved in the proposed non-published rates product contract template;
( 7 ) A description of the views of those who will use the postal services involved in the proposed non-published rates product contract template on the appropriateness of the proposed non-published rates product contract template;
( 8 ) A description of the likely impact of the proposed non-published rates product contract template on small business concerns;
( 9 ) In lieu of the certified statement required by § 3035.105(c)(2) of this chapter, a sworn statement of a Postal Service executive certifying that the proposed non-published rates product contract template is not inconsistent with the financial model approved, or under consideration by the Commission, in the order or docket identified in paragraph (e)(4) of this section;
( 10 ) All other supporting justification upon which the Postal Service proposes to rely; and
( 11 ) Such other information and data, and such statements of reasons and bases, as are necessary and appropriate to fully inform the Commission of the nature, scope, significance, and impact of the proposed non-published rates product contract template.
( f ) A non-published rates product contract template may include optional provisions to be selected by customers, provided that: ( 1 ) The addition of any optional provision in any included contract will not be inconsistent with the standards of 39 U.S.C. 3633;
( 2 ) The addition of any optional provision in any included contract represents a minor change to the included contract; and
( 3 ) Each included contract that could be derived from the contract template is functionally equivalent to every other included contract that could be derived from the contract template.
( g ) In order to authorize the addition of a non-published rates product to the competitive product list, the Commission must: ( 1 ) Give due regard to: ( i ) The availability and nature of enterprises in the private sector engaged in the delivery of the proposed product;
( ii ) The views of those who will use the proposed product on the appropriateness of adding the proposed product to the competitive product list; and
( iii ) The likely impact of adding the proposed product to the competitive product list on small business concerns; and
( 2 ) Make the following findings: ( i ) The proposed non-published rates product is a competitive product; and
( ii ) The proposed non-published rates product contract template is not inconsistent with the standards of 39 U.S.C. 3633.
( h ) After a non-published rates product has been approved, the Postal Service may add one or more included contracts to the product without filing a request or otherwise obtaining further approval from the Commission, provided that: ( 1 ) The included contract does not deviate in any way from the non-published rates product contract template;
( 2 ) No rate in any included contract is less than the corresponding minimum rate authorized in the associated streamlined-option rulemaking;
( 3 ) The included contract bears a unique serial number; and
( 4 ) Within 10 days after the effective date of each included contract, the Postal Service: ( i ) Notifies the Commission of the effective date and scheduled expiration date of the included contract; and
( ii ) Files a version of the applicable financial model updated to include all projected cost, revenue, and volume data specific to the included contract.
( i ) Only the Postal Service is permitted to add an included contract to a non-published rates product.
( j ) If any included contract is terminated before its scheduled expiration date, the Postal Service must inform the Commission within 7 days after such termination.
( k ) If the Commission finds that the Postal Service has failed to comply with any requirements of paragraph (h) or (j) of this section, the Commission may take any of the following actions: ( 1 ) Require the Postal Service to request Commission approval in accordance with such terms as the Commission may specify by order, and obtain such approval, before adding any additional included contracts to non-published rates products; or
( 2 ) Take other appropriate remedial action.