39 U.S.C. § 5005

Mail transportation

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(a) The Postal Service may obtain mail transportation service—(1) from air carriers as provided in chapter 54 of this title;(2) from water carriers as provided in chapter 56 of this title; and(3) by contract from any person or carrier for surface and water transportation under such terms and conditions as it deems appropriate, subject to the provisions of this section.(b)(1) Contracts for the transportation of mail procured under subsection (a)(3) of this section shall be for periods not in excess of 4 years (or such longer period of time as may be determined by the Postal Service to be advisable or appropriate) and shall be entered into only after advertising a sufficient time previously for proposals. The Postal Service, with the consent of the holder of any such contract, may adjust the compensation allowed under that contract for increased or decreased costs resulting from changed conditions occurring during the term of the contract.(2) A contract under subsection (a)(3) of this section may be renewed at the existing rate by mutual agreement between the contractor or subcontractor and the Postal Service.(3) Any contract between the Postal Service and any carrier or person for the transportation of mail shall be available for inspection in the office of the Postal Service and either the Surface Transportation Board or the Secretary of Transportation if for the carriage of mail in foreign air transportation (as defined in section 40102(a) of title 49), as appropriate, and in post offices on the post roads involved as determined by the Postal Service, at least 15 days prior to the effective date of the contract.(c) The Postal Service, in determining whether to obtain transportation of mail by contract under subsection (a)(3) of this section or by Government motor vehicle, shall use the mode of transportation which best serves the public interest, due consideration being given to the cost of the transportation service under each mode.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 767; Pub. L. 92–286, May 1, 1972, 86 Stat. 133; Pub. L. 98–443, § 9(g)(2), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 103–272, § 5(k)(2), July 5, 1994, 108 Stat. 1375; Pub. L. 104–88, title III, § 307(1), (2), Dec. 29, 1995, 109 Stat. 945, 946; Pub. L. 109–435, title X, § 1002(a)(2), (b)(1), Dec. 20, 2006, 120 Stat. 3254, 3255.)Editorial NotesAmendments

2006—Subsec. (a). Pub. L. 109–435, § 1002(a)(2)(A), struck out par. (1), which related to common carriers by rail and motor vehicle or persons as provided in chapter 52, redesignated pars. (2) to (4) as (1) to (3), respectively, and, in par. (3), struck out “(as defined in section 5201(6) of this title)” after “any person”.

Subsec. (b)(1), (2). Pub. L. 109–435, § 1002(a)(2)(B), (b)(1), substituted “(a)(3)” for “(a)(4)” in pars. (1) and (2) and “(or such longer period of time as may be determined by the Postal Service to be advisable or appropriate)” for “(or where the Postal Service determines that special conditions or the use of special equipment warrants, not in excess of 6 years)” in par. (1).

Subsec. (c). Pub. L. 109–435, § 1002(a)(2)(C), substituted “by contract under subsection (a)(3) of this section or” for “by carrier or person under subsection (a)(1) of this section, by contract under subsection (a)(4) of this section, or”.

1995—Subsec. (a)(4). Pub. L. 104–88, § 307(1), substituted “5201(6)” for “5201(7)”.

Subsec. (b)(3). Pub. L. 104–88, § 307(2), substituted “Surface Transportation Board” for “Interstate Commerce Commission”.

1994—Subsec. (b)(3). Pub. L. 103–272 substituted “section 40102(a) of title 49” for “section 101 of the Federal Aviation Act of 1958”.

1984—Subsec. (b)(3). Pub. L. 98–443 substituted “Secretary of Transportation if for the carriage of mail in foreign air transportation (as defined in section 101 of the Federal Aviation Act of 1958)” for “Civil Aeronautics Board”.

1972—Subsec. (b)(2). Pub. L. 92–286 substituted “contractor or subcontractor” for “holder”.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1973–2021 · leading case: Emery Worldwide Airlines, Inc. v. United States & Fed. Express Corp., 264 F.3d 1071 (Fed. Cir. 2001).

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Emery Worldwide Airlines, Inc. v. United States & Fed. Express Corp., 264 F.3d 1071 (Fed. Cir. 2001). · cites it 3× “The trial court next examined 39 U.S.C. § 5005 (b)(3) and indicated that the USPS violated the statute’s plain language, which requires that a contract between the USPS and a carrier be made available for public inspection at least fifteen days prior to the effective date of the…”

Emery Worldwide Airlines, Inc. v. United States, 49 Fed. Cl. 211 (Fed. Cl. 2001). · cites it 5× “§ 101 (f); (2) the USPS failed to give the statutory notice required by 39 U.S.C. § 5005 (b)(3); 7 (3) the USPS improperly failed to seek competition in violation of Purchasing Manual § 1.”

Myers & Myers, Inc. v. United States Postal Serv., 527 F.2d 1252 (2d Cir. 1975). · cites it 7× “Prior to 1973 their contracts were renewed regularly pursuant to what is now 39 U.S.C. § 5005 (a)(4), (b)(2). 2 Over this period they accumulated an investment of some $77,000 in the vehicles and equipment involved in the administration of their six star route contracts.”

Mail Transp., Inc. v. United States, 133 Fed. Cl. 413 (Fed. Cl. 2017). · cites it 5× “The plaintiffs contend that the Postal Service violated 39 U.S.C. § 5005 (c) in deciding to convert their routes from HCR to PVS.”

Nat'l Star Route Mail Contractors Ass'n, Inc. v. United States Postal Serv., 223 F. Supp. 3d 14 (D.D.C. 2016). · cites it 2× “” 39 U.S.C. § 5005 (a)(3). The Act further provides that such HCR contracts are to be awarded for a term no longer than four years (unless deemed “advisable or appropriate” by the Postal Service) and only “after advertising a sufficient time previously for proposals” to allow…”

Toole v. United States, 443 F. Supp. 1204 (E.D. Pa. 1977). · cites it 2× “While the legislative history of 39 U.S.C. § 5005 (a)(4), (b)(2), indicates that the statute was enacted to give star route contractors a measure of security, .”

United States v. LaBar, 521 F. Supp. 203 (M.D. Penn. 1981). “Among the multitude of statutory and regulatory provisions applicable to postal contractors is 39 U.S.C. § 5005 (b)(1) which provides that the Postal Service with the consent of the holder of a transportation contract may adjust the compensation allowed under that contract “for…”

Baumgold Bros., Inc. v. Allan M. Fox Co., East, 375 F. Supp. 807 (N.D. Ohio 1973). “Under former 39 U.S.C. § 5005 , “[u]nless otherwise prescribed by the Postmaster General, the mailer shall declare the full value of registered mail .”

United States v. LaBar, 506 F. Supp. 1267 (M.D. Penn. 1981). “21 of the Postal Contracting Manual, limits cost adjustments to circumstances over which the contractor has “little if any control” while another, Regional Instructions, Filing No.”

Roger B. Tunder & Juneva B. Tunder v. United States of Am., 522 F.2d 913 (10th Cir. 1975). “39 U.S.C. §§ 5005 (a)(4) and 5212. The various sections of the Postal Reorganization Act had various and different effective dates.”

Mail Transp., Inc. v. United States (Fed. Cl. 2021). · cites it 4× “Compare AR 5574 (route 8), 5575 (route 49) with AR 3346 (route 49), 3347 (route 8).”

Mail Transp., Inc. v. United States (Fed. Cl. 2021). · cites it 4× “Plaintiffs argue that the declaration shows that 3 Two other swaps were made at this time: HCR 98337 for HCR 983AT, and HCR 197M6 for HCR 19446.”

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