Except as noted in 332.2, and to avoid actual or apparent conflicts of interest, the Postal Service is prohibited from entering into new agreements to option, purchase, or lease real property or contract for real estate services from:
- Any employee of the Postal Service or member of the employee's immediate family.
- Any individual bound by a personal services contract to the Postal Service, or members of the individual's immediate family.
- Any business organization substantially owned or controlled by Postal Service employees, personal services contractors, or members of their immediate families.
- Any former Postal Service officer, executive, or employee.
The prohibitions outlined in 332.1 do not apply to new lease agreements, renewals, or extensions of leases under 3,000 square feet of net interior space that is currently occupied by the Postal Service.
Net interior space under 3,000 square feet not currently occupied by the Postal Service may be leased when determined by the CO to be in the best interest of the Postal Service and with the written concurrence of the FSO manager.
New lease agreements, renewals, or extensions of leases exceeding 3,000 square feet of net interior space that is currently occupied by the Postal Service may be executed by the CO when in the best interest of the Postal Service and following the initial, first–time written approval of the Postal Service Law Department ethics official and the national manager Real Estate.
Leases for new space not previously occupied by the Postal Service with a net interior exceeding 3,000 square feet may be executed by the CO with written concurrence of the Postal Service Law Department ethics official and the national manager Real Estate.
Note: Once an approval is obtained, future contract renewals of any type may be executed by the CO as long as there is no change affecting the ownership.
Ground leases (or leases) for unimproved property (land only) with an annual rent less than $25,000 may be renewed and executed by the CO with written concurrence from the FSO manager. Ground leases (or leases) for unimproved property (land only) not previously occupied by the Postal Service, with an annual rent less than $25,000, may be executed by the CO with written concurrence from the FSO manager.
Ground leases (or leases) for unimproved property (land only) with an annual rent exceeding $25,000 may be renewed and executed by the CO following the initial, first–time written approval of the Postal Service Law Department ethics official and the Real Estate national manager.
Ground leases (or leases) for unimproved property (land only) not previously occupied by the Postal Service with an annual rent exceeding $25,000 may be executed by the CO with written agreement from the Postal Service Law Department ethics official and the Real Estate national manager.
Note: Once an approval is obtained, future contract renewals of any type may be executed by the CO as long as there is no change affecting the ownership.
Regardless of the size of the building or the dollar amount of the contract, an option to purchase or a purchase option rider may only be executed by the Postal Service if:
- The CO determines in writing that doing so is in the best interest of the Postal Service.
- The Postal Service Law Department ethics official reviews a full statement by the CO of all known possible conflicts of interest, and after review, concurs in writing with the proposed purchase.
- The Area Operations vice president, or designee, concurs in writing that the purchase of the property is in the best interest of the Postal Service.
- The Facilities vice president concurs in writing that the purchase of the property is in the best interest of the Postal Service.
Note: Postal Service employees are discouraged from purchasing a building currently leased and occupied by the Postal Service. The employee should contact the Postal Service Law Department ethics official before taking any action to purchase the building.
Although the Postal Service retains authority under the Postal Reorganization Act to exercise its right of eminent domain, Postal Service policy is to use condemnation or threat of condemnation to acquire real property or rights to real property only when there are no reasonable alternatives. Written approval of the Facilities vice president and postmaster general must be obtained before using or threatening use of condemnation. However, non–adversarial (e.g., friendly) condemnation may be used with the written approval of the Facilities vice president and the General Counsel.
