12 2 STA T .4 2 8 8 PUBLIC LA W 11 0– 40 5—O CT. 1 3, 2008 onthesam ete r ms an dc ond i tions that are b ein g so u ght f rom foreign air carriers .‘ ‘ (C)F or p urposes of this subsection , the P osta lS er v ice shall use a methodolog y for determining fair and reasonable prices for the Postal Service designated region or regions developed in consultation w ith, and with the concurrence of, certificated air carriers representing at least 51 percent of available ton miles in the mar k ets of interest. ‘‘( D ) For purposes of this subsection, ceiling prices determined pursuant to the methodology used under subparagraph (C) shall be presumed to be fair and reason - able if they do not e x ceed the ceiling prices derived from — ‘‘(i) a weighted average based on market rate data furnished by the I nternational A ir T ransport Associa- tion or a subsidiary unit thereof
or ‘‘(ii) if such data are not available from those sources, such other neutral, regularly updated set of weighted average market rates as the Postal Service, with the concurrence of certificated air carriers rep- resenting at least 51 percent of available ton miles in the markets of interest, may designate. ‘‘( E ) If, for purposes of subparagraph (D)(ii), concur- rence cannot be attained, then the most recently available market rate data described in this subparagraph shall con- tinue to apply for the relevant market or markets. ‘‘( 2 )C ONTRAC T P ROC ES S.—The Postal Service shall contract for foreign air transportation as set forth in paragraph (1) through an open procurement process that will provide— ‘‘(A) potential offerors with timely notice of business opportunities in sufficient detail to allow them to make a proposal; ‘‘( B )re q uirements, proposed terms and conditions, and evaluation criteria to potential offerors; and ‘‘(C) an opportunity for unsuccessful offerors to receive prompt feedback upon request. ‘‘( 3 )E M ER G ENC Y OR U NANT I CIPATE D CONDITIONS; INAD- E Q UATE L I F T SPACE.—The Postal Service may enter into con- tracts to transport mail by air in foreign air transportation with a certificated air carrier or a foreign air carrier without complying with the requirements of paragraphs (b)(1) and (2) if— ‘‘(A) emergency or unanticipated conditions exist that make it impractical for the Postal Service to comply with such requirements; or ‘‘(B) its demand for lift exceeds the space available to it under existing contracts and— ‘‘(i) there is insufficient time available to seek addi- tional lift using procedures that comply with those requirements without compromising the Postal Serv- ice ’ s service commitments to its own customers; and ‘‘(ii) the Postal Service first offers any certificated air carrier holding a contract to carry mail between the relevant points the opportunity to carry such excess volumes under the terms of its existing contract. ‘‘(c) G OOD FAIT H EFFORT R EQUIRED.—The Postal Service and potential offerors shall put a good-faith effort into resolving disputes concerning the award of contracts made under subsection (b).’’.
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