[Federal Register: November 13, 2002 (Volume 67, Number 219)]
[Proposed Rules]
[Page 68913-68918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no02-21]
[[Page 68913]]
-----------------------------------------------------------------------
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Parts 6, 8, and 52
Federal Aquisition Regulation; Procurement of Printing and Duplicating
Through the Government Printing Office; Proposed Rule
[[Page 68914]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 6, 8, and 52
[FAR Case 2002-011]
RIN 9000-AJ51
Federal Acquisition Regulation; Procurement of Printing and
Duplicating Through the Government Printing Office
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The FAR Council is proposing amendments to the Federal
Acquisition Regulation (FAR) to implement the policy set forth in
Office of Management and Budget (OMB) Memorandum No. M-02-07,
Procurement of Printing and Duplicating Through the Government Printing
Office (GPO) (May 3, 2002). In order to induce competition, save
taxpayer money and promote small business opportunities, the memorandum
eliminates restrictions that mandated use of GPO as the single source
and frees agencies to select printing from a wide array of sources that
can demonstrate their ability to meet the Government's needs most
effectively. Moreover, specific new actions are proposed to improve
dramatically the depository library system by ensuring that all
Government publications are in fact made available to the nation's
depository libraries.
DATES: Interested parties should submit comments to the FAR Secretariat
at the address shown below on or before December 13, 2002.
ADDRESSES: Submit written comments to--General Services Administration,
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to farcase.2002-
011@gsa.gov.
Please submit comments only and cite FAR case 2002-011 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mrs. Linda Nelson, Procurement Analyst, at (202) 501-1900. Please cite
FAR Case 2002-011. Contact the FAR Secretariat, Room 4035, GS Building,
Washington, DC 20405, at (202) 501-4755 for information pertaining to
status or publication schedules. The TTY Federal Relay Number for
further information is 1-800-877-8973.
SUPPLEMENTARY INFORMATION:
A. Background
1. Overview
In order to induce competition, save taxpayer money and promote
small business opportunities, this proposed rule implements OMB
Memorandum No. M-02-07, Procurement of Printing and Duplicating Through
the Government Printing Office (GPO). The proposed rule amends the FAR
by--
[sbull] Removing restrictions in FAR 8.8 that mandated exclusive
use of GPO for printing and related supplies;
[sbull] Providing agencies express authorization to address
printing needs by either contracting with a private source or by using
the GPO when GPO offers the best value;
[sbull] Substantially limiting the circumstances where agencies may
rely on in-house or other Executive Branch printing operations;
[sbull] Requiring agencies that acquire printing services in excess
of $2,500 directly from private sector sources to use competitive
practices that facilitate broad marketplace participation, including a
much broader range of opportunities for small businesses;
[sbull] Ensuring that agencies can and will purchase printing
services that are the ``best value'' for their specific needs; and
[sbull] Improving the depository library system by taking concrete
steps to ensure that all Government publications are in fact provided
to the GPO's Superintendent of Documents for distribution to the
Federal Depository Library Program (FDLP).
2. Procurement of Printing and Related Supplies
a. Freedom To Choose Among Different Printing Sources
The GPO is a legislative branch agency that was created by Congress
and is controlled by the Joint Committee on Printing. While GPO was
originally created to fulfill the printing needs of Congress, Congress
has since expanded the role of GPO by purporting to require that
essentially all Executive Branch printing be done by or through GPO.
In 1996, the Department of Justice's Office of Legal Counsel issued
an opinion concluding that the statutes compelling the Executive Branch
to utilize GPO constitute are unconstitutional and therefore
inoperative. See Memorandum from Walter Dellinger, Assistant Attorney
General, to Emily C. Hewitt, General Counsel, General Services
Administration, May 31, 1996 at 1, 8. The Justice Department's opinion
stated explicitly that the Executive Branch was not bound to follow
those statutes. See id. at 8. The Justice Department recently
reaffirmed its 1996 opinion. See Memorandum for Adam F. Greenstone,
General Counsel, Office of Administration, Executive Office of the
President, October 22, 2002. Nonetheless, FAR Subpart 8.8 has
perpetuated the use of GPO as a mandatory source. Accordingly, absent
the FAR change proposed herein, agencies subject to the FAR currently
must issue a FAR deviation pursuant to Subpart 1.4 of the FAR in order
to contract with a private printer rather than GPO.
The type of pro-competition reforms to public printing identified
herein have a long and broad history of bipartisan support:
[sbull] In 1994 President Clinton stated that comprehensive reform
of Federal printing could ``improve the efficiency and cost-
effectiveness of Government printing by maximizing the use of private
sector printing capability through open competitive procedures and by
limiting Government-owned printing resources to only those necessary to
maintain a minimum core capacity.'' Statement on Signing the
Legislative Branch Appropriations Act of 1995, 30 Weekly Comp. Pres.
Doc. 1541 (July 22, 1994).
[sbull] Alice Rivlin, while serving as Deputy Director of OMB,
explained in 1994 that ``significant efficiencies, much improved
service, and cost savings will be realized by injecting more
competition and direct accountability into the area of printing
procurement.'' See Statement of Alice Rivlin, Deputy Director, Office
of Management and Budget, Committee on Rules and Administration, United
States Senate (February 3, 1994).
[sbull] David M. Walker, Comptroller General of the United States,
testified that ``GPO's monopoly-like role in providing printing
services perpetuates inefficiency because it permits GPO to be
insulated from market forces and does not provide incentives to improve
operations that will ensure quality services at competitive prices.
Federal agencies could be given the authority to make their own
printing policies, requiring GPO to compete with private sector
printing service providers.'' Statement of David M. Walker, U.S. Senate
Committee on the Budget, February 1, 2000 at 6-7
[sbull] Congressman Tom Davis, Chairman of the Subcommittee on
Technology and Procurement Policy of the House
[[Page 68915]]
Committee on Government Reform wrote, on March 12, 2002, that ``a
permanent Government-wide solution to the GPO monopoly can be achieved
by OMB, under its own authority, taking immediate steps to give
agencies the greater ``flexibility'' that Deputy O'Keefe called for in
his testimony. This authority is evident under a May 31, 1996 Legal
Opinion of the Department of Justice Office of Legal Counsel. . . .''
On May 3, 2002, the Director of OMB issued a policy memorandum (No.
M-02-07) governing Executive Branch use of GPO for departmental and
agency printing needs. The memorandum points out that while the GPO
relied on contractors to handle 84 percent of the printing work it
performed in fiscal year 2001, it charged the Executive Branch premiums
(above and beyond the private contractors' bids) of between 7 percent
and 14 percent, plus various processing fees.
OMB's memorandum concludes that ``[t]he time has come for the
Executive Branch to liberate its agencies from a monopoly that unfairly
penalizes both taxpayers and efficient would-be competitors.'' It
directs agencies to take full advantage of the marketplace, recognizing
that ``[t]axpayers tend to benefit most from open competition, rather
than government monopolies.'' Rather than having the GPO interact
exclusively with private contractors and make decisions for agencies,
OMB's new policy gives agencies the freedom to conduct their own
competitions and work with private contractors to produce the best
possible printed product. In particular, the OMB memorandum allows
Executive Branch agencies to choose between GPO and the private sector
based upon the ``best quality, cost, and time of delivery,'' i.e., by
using ``best value'' cost-technical tradeoff procurements where
appropriate. This freedom will enable agencies to control the cost and
quality of the printing services for which they are accountable. Of
course, where GPO provides the best value, it should continue to
receive Government orders.
Many commercial printers have expressed their support to OMB for
the opportunities its new policy will provide by allowing them to
contract directly with Executive Branch agencies. One company in
particular wrote to OMB to welcome the passing of an era marked by the
use of outdated specifications, the failure to take advantage of cost
saving technology, and reliance on costly distribution channels. It is
looking forward to a new day of cost-effective quality contracting for
printing.
Agencies are also anticipating the benefits of an open environment.
During a July 10, 2002 hearing before the Joint Committee on Printing,
the Director of OMB offered a few examples of agency frustrations that
bear out the inefficiencies perpetuated by forced reliance on a single
provider. These inefficiencies include insufficient consideration of
quality, inadequate attention to customer satisfaction, and
misunderstandings about agency needs that have arisen over the years
because GPO's policies generally prevent agencies from communicating
directly with its contractors. OMB's new policy is designed to help
agencies overcome these shortcomings by giving them the power of
choice--i.e., the ultimate tool to drive printers, including the GPO,
to offer their best products and services and make customer
satisfaction job one.
Nonetheless, a handful of legislators who oversee GPO continue to
oppose pro-competition reform. For example, Section 4 of the Continuing
Resolution for FY 2003, Public Law 107-240 (H.J. Res. 122), included a
provision essentially requiring that funds be used in accordance with
section 501 of title 44. In an October 22, 2002 opinion, however, the
Department of Justice concluded that this language, like other
statutory provisions compelling the Executive Branch to use the GPO, is
an unconstitutional infringement upon Executive Branch powers and
therefore is not binding. See Memorandum for Adam F. Greenstone,
General Counsel, Office of Administration, Executive Office of the
President, October 22, 2002.
In order to implement the pro-competition reforms that have long
received broad, bipartisan support, this rule removes restrictions in
FAR 8.8 that have mandated exclusive use of GPO for printing. In its
place, the rule provides agencies express authorization to address
printing needs by contracting with a private source, using the GPO, or,
in very limited circumstances, relying on in-house or other Executive
Branch printing operations.
b. Limited Use of In-House or Other Executive Branch Printing
Operations
OMB's memorandum recognizes the need to narrow use of often
inefficient in-house printing operations. It allows agencies to
consider use of in-house or other Executive Branch printing operations
only under limited circumstances when in-house printing is the only
reasonably available option. The memorandum makes clear that agencies
must make decisions based upon a ``full account of all costs'' and must
provide a ``full accounting of all costs'' in regular reports to OMB.
In short, OMB will not permit agencies to use this new policy to make
or continue costly investments in printing equipment when more cost-
effective solutions are available.
The rule reflects this limitation. It permits an agency to rely on
in-house or other Executive Branch printing operations only where such
Executive Branch operations demonstrate, based upon a full account of
all costs and through public-private competition (unless an exception
to competition applies), that they offer the best combination of
quality, cost, and delivery or, alternatively, the lowest overall cost
in a competition based on cost or price and cost or price related
factors.
c. Use of Competition To Open Opportunities
When GPO decides to pass some of its work to the private sector for
printing services on behalf of Executive Branch agencies, GPO's rules
call for it to notify private printers of proposed contract actions
through the Internet. With respect to contracts entered into under the
FAR, FAR 5.101(a)(1) requires Executive Branch agencies to disseminate
proposed contract actions above $25,000 through the Government-wide
point of entry, http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fedbizopps.gov. (FedBizOpps). Now, to ensure
maximum opportunities, especially for small businesses, FedBizOpps will
serve as a one-stop Internet gateway to Executive Branch procurement
opportunities for every printing contract in excess of $2,500. This
gateway will make the Federal Government more efficient, accessible,
and citizen-centric.
Hence, the proposed rule extends the synopsizing requirements and
response times currently applicable to acquisitions between $25,000 and
the simplified acquisition threshold to acquisitions for printing over
$2,500. As a result, all responsible sources will have an opportunity
to submit offers for open market actions over $2,500. To ensure
necessary flexibility, agencies would continue to be able to exercise
exceptions to competition as may be necessary, such as for unusual and
compelling urgency.
GSA is thinking about creating a multiple award schedule (MAS) to
help facilitate the acquisition of printing. This new schedule for
printing would be designed to maximize participation by all types of
printers, including small businesses. The proposed rule would impose
certain special procedures for the use of this schedule. Specifically,
it would require that all MAS printing
[[Page 68916]]
contractors be given an opportunity to compete to fill agency orders in
excess of $2,500. Ordering offices would be required to use the
electronic ``e-Buy'' system (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.gsaAdvantage.gov) to announce agency
printing needs. A copy of all e-Buy notices for printing would be
duplicated in FedBizOpps for informational purposes.
To increase further contracting opportunities for the printing
community, the rule limits the length of indefinite quantity contracts
for printing to one year. Indefinite quantity contracts allow work to
be placed through the issuance of orders under the contract. Because
consideration for work under an indefinite quantity contract is limited
to contract holders for the duration of the contract, non-contract
holders must wait for contract renewal before they can compete. Hence,
limiting the duration of the underlying contract should enable
increased marketplace participation. For similar reasons, the proposed
rule would require that blanket purchase agreements (BPAs) for printing
that have been established under the MAS also be limited to not more
than one year in length. BPAs are used for carrying out repetitive MAS
purchases with one or a small number of MAS contractors.
Finally, the proposed rule allows a short transition period during
which agencies may opt to use the services of GPO without requiring
competition to select GPO. This period is intended to give agencies and
printing contractors an opportunity to adjust to the new environment
created by OMB's memorandum, where acquisitions will be made both by
GPO (which, as noted above, contracts out a significant amount of work
required by agencies) and directly by agencies.
d. New Opportunities for Small Businesses
On March 19, 2002, the President announced his Small Business
Agenda, a plan to help create an environment where small businesses can
flourish. A critical component of this plan involves efforts to improve
access to government contracting opportunities for small businesses,
including by limiting the current practice of indefinite-quantity
contracts. This proposed rule will help further this important
Presidential objective.
Information on contracting opportunities will be provided on what
is arguably the most robust one-stop gateway of its kind in the world--
enabling vendors to easily acclimate themselves to the activities of
departments and agencies across the Executive Branch.
[sbull] FedBizOpps, which serves as the single point of entry on
the Internet for business opportunities, hosts a wide variety of
business documents, including notices, solicitations, and other related
acquisition information.
[sbull] When sellers ``click'' to a notice, they are also
immediately obtaining direct access to all solicitation and related
information electronically available at that time on the acquisition.
[sbull] E-mail notifications allow interested vendors to
automatically receive information about contracting opportunities--both
notices and solicitation information initially available and all
subsequent information relating to that procurement. This feature
eliminates the need for repeated searches to gain access to up-to-date
information.
As noted above, the functionality of FedBizOpps, which is typically
focused on actions over $25,000, will be expanded for printing
acquisitions to also cover actions over $2,500. In addition, the length
of indefinite-quantity contracts, which are often used to conduct
competitions restricted to pre-qualified contractors, will be limited
to give marketplace participants more opportunities to compete. In all,
the ability to work directly with agencies on printing jobs of all
types and sizes will give small business printers many new
opportunities to demonstrate their abilities for future work.
3. Information Distribution
Effective dissemination of Government information is a cornerstone
of citizen-centric Government. For this reason, OMB's memorandum
recognizes the need to improve distribution to the Federal Depository
Library Program (FDLP). The 1,300 depository libraries operating
throughout the country that make up the FDLP help to ensure that the
public has equal, efficient, permanent, and ready access to government
publications. Unfortunately, many Government publications (as many as
50 percent by some estimates) become so-called ``fugitives,'' never
making their way to the Superintendent of Documents, who is responsible
for indexing, cataloging and distributing documents to the public
through the FDLP. Searching for a publication that cannot be easily
located (e.g., because it has not been indexed and catalogued) is a
time-consuming, if not fruitless, exercise. Until sufficient attention
is given to this issue, the public's access to government publications
will be unnecessarily impaired. The proposed rule is designed to
improve this unacceptable record.
The proposed rule addresses the ``fugitive documents'' problem by
specifying mandatory steps for meeting the requirement that Executive
Branch agencies provide publications to the Superintendent of Documents
for distribution to the depository libraries. Each publication would be
transmitted using electronic means unless such means are unavailable.
Agencies' obligation to provide Government publications to the
Superintendent applies regardless of the source that prints the
publications.
The FAR Council is considering whether the FAR should include a
clause that contracting officers would be required to insert in
contracts for the printing of Government publications where a
contractor will assist the Government in ensuring the Superintendent
receives a copy of the publication. A clause might read as follows:
Information Distribution (Date)
To assist the Government in ensuring effective distribution of
Government publications printed under this contract, the contractor
shall submit one copy of each Government publication, as identified
by the Government in the contract, to the Superintendent of
Documents from the Government Printing Office. Transmission shall be
made using electronic means unless such means are unavailable.
The public is invited to comment on the need for an information
distribution clause.
The proposed rule also recognizes that when agencies contract
directly with private sector printers, the GPO may wish to purchase
copies of Government publications from such printers for depository
libraries or for the public sales program or, if economical, may wish
to print additional copies in house at GPO. Accordingly, the rule
provides that, whenever feasible, agencies should consult with the GPO
before issuing a solicitation to determine the number of copies the GPO
may wish to obtain. When GPO elects to order from an agency's selected
contractor, a proposed FAR clause will require that the contractor
submit invoices directly to the GPO for payment.
In addition to the new FAR coverage, OMB will take steps to address
the fugitive document problem. Among other things, agencies will be
required, as part of their reporting on printing, to report to OMB on
compliance with their obligation to make information available to the
public, including through the FDLP. This requirement will be set forth
in OMB guidance. OMB, in consultation with interested stakeholders,
will also
[[Page 68917]]
determine whether current policies or practices related to the
publication of Government information need to be changed to ensure
maximum possible reliance on distribution in cost-effective electronic
formats.
4. Executive Order 12866.
This is a significant regulatory action and, therefore, was subject
to review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Council does not expect this proposed rule to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq. Today, private sector printers, including small businesses, who
wish to perform printing for the Federal Government must contract with
the GPO. This proposed change to the FAR should create new
opportunities for private printers of all sizes by giving them the
opportunity to contract directly with Executive Branch agencies.
With respect to purchases handled directly by the Executive Branch
pursuant to the FAR, agencies would be required to provide notice using
FedBizOpps for purchases over $2,500. In addition, the FAR imposes a
mandatory set-aside for small businesses for actions between $2,500 and
$100,000 (reflecting statutory requirements in the Small Business Act).
The rule would only authorize agencies to use in-house or other
Executive Branch printing operations in lieu of either a small or large
private sector printer in limited circumstances. OMB has made clear
that its policy is not to be used to shift work to in-house
performance. OMB will require agencies to provide a full accounting of
all costs appropriately attributed to work performed in house, to be
compared with the costs of work contracted directly to the private
sector or performed at GPO.
The Council recognizes that agencies may seek to acquire printing
services through the use of indefinite quantity contracts, including
through GSA's MAS, where opportunities to receive agency orders for
work are limited to pre-qualified contract holders (as opposed to the
printing marketplace at large). To increase opportunities for
marketplace participation (including by small businesses), the rule
would limit the length of indefinite quantity contracts for printing to
one year. This limitation would not apply to MAS contracts, which
already permit new participants through continuous open seasons.
However, the FAR would require that all MAS printing contractors be
given an opportunity to compete to fill agency orders over $2,500. In
addition, blanket purchase agreements (used for repetitive MAS
purchases) would be limited to not more than one year in length.
An Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments on the impact of the proposed FAR
revision on small entities. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAR Case
2002-011) in correspondence. In addition, the Council will consider
comments from small entities concerning the affected FAR parts in
accordance with 5 U.S.C. 610.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) does not apply because
the proposed rule does not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 6, 8, and 52
Government procurement.
Dated: November 5, 2002.
David A. Drabkin,
Deputy Associate Administrator for Acquisition Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 6, 8,
and 52 as set forth below:
1. The authority citation for 48 CFR parts 6, 8, and 52 continues
to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 6--COMPETITION REQUIREMENTS
6.302-5 [Amended]
2. Amend section 6.302-5 by removing paragraph (b)(3) and
redesignating paragraphs (b)(4), (b)(5), and (b)(6) as paragraphs
(b)(3), (b)(4), and (b)(5), respectively.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.003 [Amended]
3. Amend section 8.003 by removing paragraph (b) and redesignating
paragraphs (c), (d), and (e) as paragraphs (b), (c), and (d),
respectively.
4. Revise subpart 8.8 to read as follows:
Subpart 8.8--Acquisition of Printing and Related Supplies
8.800 Scope of subpart.
This subpart provides policy for the acquisition of Government
printing and related supplies.
8.801 Policy.
(a) Agencies are not required to satisfy requirements for
Government printing and related supplies from or through an exclusive
source. Agencies may address needs for Government printing and related
supplies by--
(1) Contracting with a private source;
(2) Using the Government Printing Office (GPO), in accordance with
the requirements of paragraph (c) of this section; or
(3) Relying on in-house or other executive branch printing
operations, but only where such executive branch operations
demonstrate, based upon a full account of all costs and through public-
private competition (unless an exception to competition applies), that
they offer the best combination of quality, cost, and delivery or,
alternatively, the lowest overall cost in a competition based on cost
or price and cost or price related factors.
(b)(1) Except as provided in paragraph (b)(2) of this section,
agencies shall make awards for Government printing in accordance with
applicable parts of the FAR, including Parts 5, 6, 10, 12, 13, 14, 15,
17 and 19 and Subpart 8.4.
(2)(i) Synopsis and response time. Synopsizing requirements and
response times currently applicable to acquisitions over $25,000 but
less than the simplified acquisition threshold (see 5.101(a)(1) and
subpart 5.2) shall also apply to acquisitions for printing over $2,500.
(ii) Use of Federal Supply Schedules. (A) Notwithstanding
8.404(b)(2) and (3), all schedule contractors participating on the
schedule for printing shall be given notice using the General Services
Administration's electronic quote system, ``e-Buy''
(http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.gsaAdvantage.gov) and an opportunity to compete for any order over
$2,500. Ordering offices shall ensure that--
(1) e-Buy notices are forwarded to the GPE for publication; and
(2) The forwarded notice is identified on the GPE as being provided
for informational purposes only.
(B) Any blanket purchase agreement entered into pursuant to FAR
8.404(b)(4) shall not exceed one year in length.
(iii) Use of indefinite-quantity contracts (other than the Federal
Supply Schedules) and requirements contracts. (A) Contracting officers
shall ensure that--
[[Page 68918]]
(1) A notice is forwarded to the GPE for publication before an
order for printing is placed under either an indefinite-quantity
contract or a requirements contract; and
(2) The forwarded notice is identified on the GPE as being provided
for informational purposes only.
(B) Notwithstanding any other FAR provision, indefinite-quantity
and requirements contracts (see 16.5) for printing shall not exceed 1
year in length.
(c) Until January 1, 2004, agencies may use the services of the GPO
without conducting a competition. However, agencies shall not obtain
printing services from GPO after January 1, 2004 unless GPO
demonstrates through public-private competition (unless an exception to
competition applies) that it offers the best combination of quality,
cost, and delivery or, alternatively, the lowest overall cost in a
competition based on cost or price and cost or price related factors.
(d) For each Government publication to be printed, the agency shall
ensure a copy of the publication is provided to the GPO's
Superintendent of Documents for distribution to the Federal Depository
Libraries and any other official use as may be necessary for the GPO to
carry out its responsibilities. When transmitting the publication, the
agency shall state that the copy is being provided so that GPO may
produce however many copies the Superintendent of Documents has
determined are necessary for distribution to the Federal Depository
Libraries. Transmission to the Superintendent shall be made using
electronic means unless such means are unavailable.
(e) Whenever feasible, the agency should consult with the GPO's
Public Printer before issuing a solicitation for a printing acquisition
to determine the number of copies of a Government publication the GPO
may wish to obtain and the agency shall take reasonable and appropriate
steps to assist GPO if GPO wishes to purchase copies from a private
contractor employed by the agency.
8.802 Solicitation provision and contract clause.
The contracting officer shall insert the clause at 52.208-XX,
Purchases by GPO, in all solicitations and contracts for Government
printing of a Government publication where the GPO timely advises the
agency before issuance of the solicitation that it will seek to make
purchases under the contract.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Add section 52.208-XX to read as follows:
52.208-XX Purchases by GPO.
As prescribed in 8.802, insert the following clause:
Purchases by GPO (Date)
As specified in the contract, the contractor, on written request
from the Public Printer of the Government Printing Office (GPO),
shall furnish up to [INSERT number] of the following publications
[INSERT DESCRIPTION] to the GPO. Invoices for such purchases shall
be submitted to the GPO's Public Printer. Payment will be made
directly by the Public Printer.
(End of clause)
[FR Doc. 02-28668 Filed 11-12-02; 8:45 am]
BILLING CODE 6820-EP-P