The section would further require that the Postal Service issue regulations providing that wine and beer is mailed directly to a person who is at least 21 years old and presenting a valid, government-issued form of identification at the time of delivery.
Section 405 – Annual Report on U.S. Mailing Industry
This section requires the PRC to publish annually a report on the financial health of the U.S. mailing industry, and requires the Postal Service and any other appropriate federal agency to assist in the report‘s preparation.
Section 406 – Use of Negotiated Service Agreements
This section authorizes the Postal Service to enter into Negotiated Service Agreements (NSAs) with individual mailers to retain existing mail volume, clearing up an ambiguity in the law. The section also requires the Postal Service to coordinate with the PRC to increase the use of NSAs.
Section 407 – Contracts Disputes
This section corrects a mistake in the Postal Accountability and Enhancement Act of 2006, which inadvertently deleted the Postal Service and the PRC from the list of agencies covered by the Contract Disputes Act of 1978. The Contract Disputes Act governs how contractor claims against federal agencies are to be handled.
Section 408 – Contracting Provisions
This section institutes contracting reforms and new ethics provisions for the Postal Service and the PRC. These include: 1) establishing the position of Advocate for Competition, who will encourage the use of commercial items, challenge barriers to competition, and review procurement; 2) clarifying that the Postmaster General and the PRC Chairman are ultimately responsible for any delegation of authority with respect to contracting, and requires public posting of such delegations; 3) requiring the Postal Service and PRC to publicly post justifications for noncompetitive contracts, with the PRC required to post all such contracts, and the Postal Service required to post all contracts valued at more than $250,000; 4) requiring that if a contracting officer identifies an ethical issue surrounding a proposed contract, that contract must be submitted to the agency‘s designated ethics official before it is awarded; 5) clarifying ethics rules by requiring employees who have a decision-making role in the award of noncompetitive contracts to disclose any relationship that could potentially lead to questions about their impartiality, requiring a review by the ethics counsel of any disclosures to determine if disqualification of the employee from participation is warranted, and requiring contractors to disclose conflicts of interest. This section also allows the Postmaster General and the PRC Chairman to void a contract and recover funds when a violation is proven. This section also prohibits the Postal Service from entering into any contracts that restrict Congress from exercising its oversight authority.