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if it proves at such hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect.
8 101-8.723 Remedial action by recipi
ent. If GSA finds a recipient discriminated on the basis of age, the recipient must take any remedial action that GSA may require to overcome the effects of the discrimination. If another recipient exercises control over the recipient that discriminated, GSA may require both recipients to take remedial action.
8 101-8.724 Exhaustion of administra
(f) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, to which this regulation applies, and may contain such terms, conditions and other provisions as are consistent with and will effectuate the purposes of the Act and this regulation, including provisions designed to assure that no Federal financial assistance to which this regulation applies will thereafter be extended under such law or laws to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this regulation, or to have otherwise failed to comply with this regulation unless and until it corrects its noncompliance and satisfies the responsible GSA official that it will fully comply with this regulation.
(g) Post-termination proceedings. (1) An applicant or recipient adversely affected by an order issued under paragraph (f) of this section shall be restored to full eligibility to receive Federal financial assistance if it satisfies the terms and conditions of that order for such eligibility or if it brings itself into compliance with this part and provides reasonable assurance that is will fully comply with this part.
(2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request the responsible GSA official to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (g)(1) of this section. If the responsible GSA official determines that those requirements have been satisfied, he or she shall restore such eligibility.
(3) If the responsible GSA official denies any such request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with rules of procedure issued by the responsible GSA official. The applicant or recipient will be restored to such eligibility
(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:
(1) 180 calendar days elapse after the complainant files the complaint and GSA makes no finding with regard to the complaint; or
(2) GSA Issues a finding in favor of the recipient.
(b) If GSA fails to make a finding within 180 days or issues a finding in favor of the recipient, GSA must:
(1) Promptly advise the complainant of this fact;
(2) Advise the complainant of his or her right to bring civil action for injunctive relief; and
(3) Inform the complainant:
(i) That the complainant may bring civil action only in a United States district court for the district in which the recipient is located or transacts business;
(ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that the complainant must demand these costs in the complaint;
(iii) That before commencing the action the complainant must give 30 calendar days notice by registered mail to the Secretary, HHS, The Administrator, the Attorney General of the United States, and the recipient;
101-9.000 Scope of part.
Subpart 101-9.1-General Provisions
101-9.101 Authority. 101-9.102 Objective. 101-9.103 Definitions.
Subpart 101-9.2-Program Implementation
101-9.201 Agency responsibilities. 101-9.202 Operational cost control functions
at the facility level.
Subpart 101-9.3-Reporting Requirements
8 101-9.103 Definitions.
In part 101-9, the following definitions apply:
Addressing standards means the rules and regulations governing the addressing of mail, developed by the U.S. Postal Service, that enhance the processing and delivery of mail, reduce “undeliverable as addressed” mail, and provide cost reduction opportunities.
Class of mail means the classes of mail (First-Class, Second-Class, ThirdClass, Fourth-Class, and Express Mail) established by the U.S. Postal Service for U.S. domestic mail.
Courier means a private delivery company or an individual that works for such a company.
Expedited mail is a generic term used to describe mail to be delivered faster than U.S. Postal Service delivery of First, Second, Third, and Fourth-Class mail.
Facility means any location where mail is processed for dispatch.
101-9.301 Agency mail manager information. 101–9.302 Agency mail program data.
Subpart 101-9.4–GSA Responsibilities and
Subpart 101-9.5–U.S. Postal Service
101-9.4900 Scope of subpart. 101-9.4901 (Reserved] 101-9.4902 Format for mail profile data.
Facility mail manager means the persons responsible for mail management at a facility.
Federal agency or agency means any executive department as defined in 5 U.S.C. 101, a wholly owned Government corporation as defined in 31 U.S.C. 9101, any independent establishment in the executive branch as defined in 5 U.S.C. 104, any establishment in the legislative or judicial branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol).
Incoming mail means mail coming into the agency delivered by an outside source (vendor or agency).
Internal mail means mail that is transmitted within an agency by that agency's mail center staff, including worldwide distribution, and is not processed for delivery by the U.S. Postal Service or any private company.
Letter means a message directed to a specific person or address and recorded in or on a tangible object. A message consists of any information or intelligence which is recorded on tangible objects such as paper in sheet and card form, or magnetic media.
Mail means letters, hard copies of electronic communications, memoranda, post and postal cards, documents, drawings, microfiche, publications, catalogs and other hard copy communications, as well as packages meeting U.S. Postal Service size and weight requirements, for distribution or dispatch regardless of the distribution, dispatch, or delivery method including messengers and couriers. An item is considered mailable if it meets the following requirements set by the U.S. Postal Service: a mailable item is an item that will not injure people or property, weighs 70 pounds or less, and is not more than 108 inches (combined length and girth). Mailability requirements, restrictions, and exceptions are found in the U.S. Postal Service's Domestic Mail Manual (other mail vendors provide similar written guidance for items sent via their delivery seryices).
Mail center means a centralized location where mail is processed.
Mail piece design means preparation of letters, cards, and flats consistent with U.S. Postal Service requirements and recommendations.
Mail preparation means those processes involved in preparing mail for dispatch in such a way that it meets U.S. Postal Service
Service requirements. These processes include, but are not limited to: sorting, barcoding, banding, air control tagging (ACT), designing mail pieces, and palletizing.
Messenger means an agency employee who delivers agency mail.
Outgoing mail means mail generated from within an agency facility that is addressed for delivery outside that facility; i.e., within or outside the agency, and is processed for delivery by the U.S. Postal Service or a private company.
Service standard means the dependability (consistency of arrival at addressee's location) and timeliness (meets delivery standard established for the class of service procured) of mail delivery.
Special services means services for fees other than postage; e.g., registered, certified, insured, business reply mail, merchandise return, certificates of mailing, and return receipts.
Worksharing means presorting, barcoding, or otherwise processing outgoing mail in such a way as to qualify for reduced postage rates. Agencies may participate in worksharing through contracts with vendors, when authorized by that agency to enter into such contracts, or through in-house efforts.
8 101-9.201 Agency responsibilities.
The head of each agency, or his or her designee, must designate an agency mail manager to be responsible for establishing an agencywide mail management program. The agency mail manager must have visibility within the agency and be at a managerial level enabling him or her to execute an agencywide program. The responsibilities of the agency mail manager include:
(a) Ensuring agencywide awareness and compliance with the mail management standards set forth by the U.S. Postal Service in the Domestic Mail Manual, the International Mail Manual, the Memo to Mailers, and the Postal Bulletin, as well as GSA standards and guidelines.
(b) Negotiating on behalf of the agency with the U.S. Postal Service for mail related services and implementing operational procedures for services acquired from private delivery vendors and couriers.
(c) Developing and distributing throughout the agency an agency mail cost control program. The agency cost control program must include, in addition to written policies regarding actions and procedures necessary to provide timely and cost-effective dispatch and delivery of mail, a plan for transition to automated mailing procedures, including: automated addressing, address list management, and electronic mail. This program must include:
(1) Developing and issuing on an agencywide basis program directives, guidance, and policies for timely and cost-effective mail management. Copies of program directives, policies, and guidance must be available for inspection by GSA. This includes at a mini
accordance with any existing contracts or agreements for such services to which the agency is a party.
(ii) Maximizing agency cost-effective participation in worksharing programs. This includes proper address list management, compliance with automation addressing standards, presorting, and barcoding.
(2) Monitoring through the agency's local mail managers at all mail facilities, mailings, and other mail management activities using onsite inspections, checklists, or other inspection/ review methods.
(3) Developing and directing agency programs and plans for proper use of transportation, equipment, and supply vendors, relative to mail management.
(4) Maintaining records of agencywide volumes (in pieces) and agency postage expenditures (in dollars) by class, weight, special services, and subclass/rate category of mail. One consolidated report on outgoing mail volumes, postage expenditures, and mailable matter dispatched to all carriers must be maintained. (Suggested format appears in § 101-9.4902.)
(5) Establishing procedures for the review and verification of vendor charges including charges contained in the U.S. Postal Service's Official Mail Accounting System billings. U.S. Postal Service charges and other vendor charges must be reviewed and verified at each facility to ensure billing accuracy.
(6) Ensuring that facility mail managers increase their knowledge and skills in mail management on a continuing basis. Training sources include, but are not limited to: U.S. Postal Forums, Postal Customer Council meetings, and training offered by the GSA Interagency Training Center.
(i) Instructing mailers to use expedited mail only when required. Mail managers should require that mailers avoid excessive use of expedited mail services. Generally, expedited mail should not be used on Fridays, weekends, or the day before a holiday. When expedited mail is needed on Fridays, weekends, or the day before a holiday, the mail manager must coordinate with the mailer to ensure delivery to the addressee. For example, if the addressee's building will not be opened consider other delivery arrangements. The mail manager must establish control procedures including written instructions on cost-effective use of expedited mail and must review scheduled expedited mail dispatches to determine if expedited service is necessary. If expedited mail is not necessary, alternatives to be considered include, but are not limited to: First-Class and Priority Mail, from the U.S. Postal Service and package delivery services from other vendors, if the agency has the authority to contract for or enter into agreements with such vendors and in
8 101-9.202 Operational cost control
functions at the facility level. The following operations and procedures are applicable to all Federal mail centers, facilities, and offices that generate and process mail. Each facility must designate a mail manager. The facility mail manager is responsible for:
(a) Reviewing, on a continuing basis, facility mail practices and procedures to identify opportunities for improvement and simplification.
(b) Providing centralized control at each facility of all mail processing activities including regularly scheduled and specialized mail messenger seryices, equipment, and personnel.
(c) Providing training which:
(1) Informs all levels of facility personnel on cost-effective mailing practices for incoming, internal, and outgoing mail.
(2) Includes supplemental guidance and instruction in a format designed for easy reference, revision, and use by persons processing incoming, internal, and outgoing mail or using mail messenger operations. Such information must be distributed to all persons processing mail and users of mail messenger services.
(d) Establishes a policy of and procedures for participation in the Cooperative Administrative Support Unit (CASU) program where applicable and when cost-effective. A CASU can typically provide pickup, sorting, and dispatch of mail through a CASU-managed mail center.
(e) Where authorized, contracting for worksharing programs when mail volumes or lack of resources for proper mail preparation; e.g., presorting and barcoding, make contracting for worksharing the cost-effective choice. Any solicitation for contracting for a mail center must require the contractor to comply with operational procedures of the agency mail cost control program.
(f) Conducting discussions with local U.S. Postal Service for mail related services and implementing operational procedures for services acquired from mail delivery vendors or couriers.
(g) Processing mail by class with expedited mail, First-Class, and Priority Mail being processed before lower classes of mail.
(h) Attempting to deliver mail to the action office (the office responsible for taking action on the mail once it is received) within 6 hours after it is received by the agency from the carrier. Every attempt should be made to deliver mail to the address or addressee's office; however, incoming bulk business rate mail addressed to an individual may be discarded if the facility cannot readily ascertain the name or whereabouts of the addressee. Incom
ing First-Class mail that cannot be delivered must be returned to the sender, per the U.S. Postal Service's Domestic Mail Manual.
(i) Reporting unauthorized use of agency postage including penalty or commercial mail stamps, meter impressions, or other postage indicia immediately upon discovery to the agency Inspector General or internal security office, as appropriate.
(j) Reporting mail center deviations from the agency's occupational, safety and health program, in accordance with 29 CFR part 1960 and 29 CFR part 1910.
(k) Establishing and implementing procedures to ensure that mail complies with U.S. Postal Service addressing standards which include automated and electronically generated mailing addresses in order to eliminate as many handwritten addresses as possible. Compliance includes ensuring machine readability, proper formatting, use of directionals (N. Main St., 4th St., NW, etc.), and accurate mail preparation for the various classes and discount rates and/or for the best possible delivery service. The U.S. Postal Service publications (Domestic Mail Manual, International Mail Manual, Memo to Mailers, and the Postal Bulletins) contain all U.S. Postal Seryice regulations for proper mail preparation and dispatch, and must be utilized at each location where outgoing mail is processed.
(1) Establishing and reviewing annually in conjunction with the agency security office, a mail security program to ensure appropriate security requirements while not creating undue delay in mail processing. The mail security program must, at a minimum, detail policy and procedures for safe and secure facility operations and for the safe transportation and processing of mail.
(m) Reviewing, prior to the creation of the pieces to be dispatched, all mailings which will (i) consist of 200 or more pieces, or (ii) weigh 50 or more pounds, including mail to be dispatched on behalf of the agency by a third party, for example, the Government Printing Office, to ensure that the agency's needs are met at the lowest