[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Proposed Rules]
[Pages 68914-68918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28668]



[[Page 68913]]

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Part II





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 6, 8, and 52



Federal Aquisition Regulation; Procurement of Printing and Duplicating 
Through the Government Printing Office; Proposed Rule

  Federal Register / Vol. 67, No. 219 / Wednesday, November 13, 2002 / 
Proposed Rules  

[[Page 68914]]


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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.

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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-
[email protected].
    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://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 (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'' 
(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