(a) This part applies to competitive negotiated service agreements.

(b) When a general rule conflicts with a rule governing a specific streamlined option, the rule governing the specific streamlined option shall take precedence.

(c) Commission findings that the addition of a competitive negotiated service agreement to the competitive product list is not inconsistent with the standards of 39 U.S.C. 3633 are provisional and subject to subsequent review.

(d) The addition of a competitive negotiated service agreement to the competitive product list is limited to the term of the negotiated service agreement, as it may be extended. The Commission will remove a negotiated service agreement from the competitive product list automatically upon the expiration or termination of the negotiated service agreement. Any request to remove a negotiated service agreement from the competitive product list unrelated to expiration or termination of the negotiated service agreement shall follow the applicable procedures outlined in part 3040 of this chapter.

(e) When a rule in subpart E of this part conflicts with a provision of a negotiated service agreement added to the competitive product list before September 19, 2024, the provision of the negotiated service agreement shall take precedence.

The definitions in this section apply to this part.

(a) Baseline agreement. A negotiated service agreement that serves as a model for an included contract in an umbrella product.

(b) Contract template. A template for included contracts in a non-published rates product.

(c) Financial model. A workbook showing detailed projected cost, revenue, and volume data for a negotiated service agreement; containing all supporting inputs and calculations; and identifying the sources of all such inputs. A financial model must not be inconsistent with accepted analytical principles within the meaning of part 3050 of this chapter and must not be inconsistent with accepted quantification techniques within the meaning of part 3050 of this chapter.

(d) Functionally equivalent negotiated service agreements. Negotiated service agreements that have similar cost characteristics and similar market characteristics.

(e) Included contract. A negotiated service agreement included as part of an umbrella product or non-published rates product.

(f) Minimum rates. The set of lowest rates that could be offered pursuant to the terms of a negotiated service agreement, or specified in a financial model, for each rate cell.

(g) Negotiated service agreement. As defined in § 3010.101(f) of this chapter, a written contract, to be in effect for a defined period of time, between the Postal Service and a mailer, which provides for customer-specific rates or fees and/or terms of service in accordance with the terms and conditions of the contract. A rate associated with a negotiated service agreement is not a rate of general applicability.

(h) Negotiated Service Agreement (NSA) summary proceeding. A streamlined proceeding considering a Postal Service request to add to the competitive product list a product for which use of a financial model has been authorized in a streamlined-option rulemaking or a Postal Service request to amend such a product. Such a proceeding is not a public proceeding.

(i) Non-published rates product. A single product consisting of a contract template and any included contracts that are functionally equivalent to the contract template and use a single common financial model.

(j) Notice information. Contact information specified in a negotiated service agreement for one party to provide the other party with notice in accordance with the terms of the negotiated service agreement.

(k) Postal Service executive. The Postmaster General, the Deputy Postmaster General, or a Postal Service vice president. The term “Postal Service executive” also includes any Postal Career Executive Service employee whose principal duties include the administration of negotiated service agreements and who reports directly to the Postal Service vice president overseeing the administration of negotiated service agreements.

(l) Rate cell. Each and every separate rate identified in a financial model or negotiated service agreement.

(m) Standardized distinct product. A negotiated service agreement that is a variation of one or more competitive products offered as rates of general applicability or added to the competitive product list as rates not of general applicability.

(n) Streamlined option. An optional procedural approach to filing requirements for a request to add a negotiated service agreement to the competitive product list and to review of such negotiated service agreement.

(o) Streamlined-option rulemaking. A rulemaking proceeding that considers financial models, contract templates, and Mail Classification Schedule changes in connection with a streamlined option.

(p) Umbrella product. A single product consisting of a baseline agreement and one or more included contracts that are functionally equivalent to the baseline agreement.