9.

organizer of government electronic information on the Web, providing a guarantee of the legitimacy of federal sites. Whether they put information up on GPO Access, point to it at agency sites through the Monthly Catalog, or include it in the Pathway Service linkages, or point to sites such as the Department of State's site at the University of Illinois Chicago, all such sites could be viewed as legitimate sites validated by the Superintendent of Documents.

What actions can the American Library Association recommend to avoid the loss of files on the numerous government agency websites?

10.

a

First there must be specific recognition that electronic information and data disseminated through a government Web site is a government publication subject to the provisions of Chapter 19, Title 44, U.S.C. Second there must be coordinated, distributed national program to systematically capture, preserve, and maintain ongoing access to electronic government information. The Superintendent of Documents should coordinate this system and be a repository for master copies of data files discontinued by agencies to be retrieved and mounted on demand for access by depository libraries.

Given the rapid evolution of electronic media and publication, as the Committee revises the printing and printing-related chapters of Title 44, what are your thoughts concerning possible restructurings of the depository library system?

11.

To reflect and adapt to new technology now and in the future we recommend more flexibility be provided in the administration of the depository library program by authorizing the Superintendent of Documents to establish regulations governing retention, disposition and operational procedures in the program as opposed to having those fixed in the law. Such regulation could also facilitate cooperative, consortial arrangements among depository and even partner nondepository libraries to make sets of government information available. The designation process which assures geographic decentralization across the entire country in each congressional district operates well and is part of the strength of the system. The selective nature of the program is another strength allowing libraries to choose only the materials most needed by their users.

Do you envision a much larger appropriation than currently provided for the Depository Library Program to cover all publications, online access to databases, agency reimbursements, and software licenses? If so, do you have any estimate of that

amount?

No, we would not envision a much larger appropriation for the Depository Library Program. However, it would be necessary to cover the cost of fugitive documents entering the system either at the incremental rider rate as hard copy

publications, or at the cost of conversion to microfiche or electronic format if only two copies are provided. Some costs could be better managed with appropriate planning, such as the cost of any proprietary software licenses needed, which should be negotiated in advance for use both by the agency and by depository libraries and the public accessing the data. We do not have an estimate of the cost increases necessary to provide the public with the comprehensive access to the information and publications produced by their government we recommend. However a cost estimate could be developed by adding to the current appropriation the cost of publications currently paid by other agencies such as DOE technical reports or USGS maps. To the extent that such publications could be provided electronically there might not be an initial direct cost to the program, if the originating agency were mounting the data on a Website for example. Then the cost for that item might be the cost of storing the data and making it accessible on demand after the agency has taken it off an online service.

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Attached are the questions and answers from the title 44 hearing. If these are not the correct ones, please let me know. I apologize for the delay in transmitting them to you.

100 Daingerfield Road, Alexandria, Virginia 22314-2888 703/519-8100 fax 703/548-3227

Questions presented to the Printing Industries of America.

1. What is the key obstacle to the Federal government operating a procurement system which is fair and open? Is it the unwillingness of Executive branch agencies to comply with Title 44, or is it the Government Printing Office, which is not operating a fair and open procurement system?

All the information we have available indicates the GPO system is fair and open. We see no consistent problems with the GPO system. There are elements of bias in any system but as a general rule, any company has an opportunity to bid on work. With regard to the Executive agencies, there is no system of procurement in place. Also, it seems the Executive branch has a bias in favor of larger companies. Since the Executive branch does not have a system of advertising routine printing jobs in a wide geographic area or nationwide, the only way to learn of certain opportunities is to have a skilled salesforce or have a relationship with the purchaser of the printing. Clearly, this gives an advantage to companies with a federal sales force over those who do not.

The greatest obstacle imposed by the Executive branch to a fair and open procurement system is the temptation do work in house. The amount of work which is done by federal agencies on equipment owned by the government is certainly greater than the amount which is contracted out. This, we believe, is due to the unwillingness of the Executive branch to comply with Title 44 and a desire to control the printing and publishing activity without considering the costs.

2. If Congress and the Executive branch can solve the separation of powers question, and in turn achieve full compliance with Title 44, do you believe the Government Printing Office will be able to operate a government-wide procurement system which is fair, open and fully competitive?

We believe the issues are separate. The separation of powers issue does not prevent the Executive agencies from using the existing GPO procurement system which is fair and open. However, the separation of powers issue seems to provide an excuse for the Executive agencies to ignore the GPO, the JCP and Title 44. The failure of the Executive agencies to use the procurement system at the GPO is a financial issue which could be addressed through the appropriations process or through the various authorizing committees. For example, the General Services Administration could have funding denied for the establishment of printing facilities or for procurement other than through the Government Printing Office.

3. What recommendations does your industry have to ensure that the government operates a procurement system which is fair and open to all companies who wish to compete for the government's work?

Candidly, the government has such a system now at the GPO so the issue is how to get the government to use the existing program. There are a few enhancements of the current system which would assure improved relationships between the GPO and its client agencies as well as improve the relationship between the government and private contractors. As we have testified, there needs to be an annual planning process which requires agencies to outline their printing and publishing needs for the year. With such a planning process, the private sector as well as the GPO could prepare for work that will be available and likely reduce the cost to the government for producing that work. This specific proposal was contained in testimony we presented to the Senate Rules Committee in 1996.

4. The committee is deeply sympathetic and very supportive of the policy of contracting out on an open, competitive basis. However, the committee also is aware that some of your members have been successful in arranging sole-source contracts on a noncompetitive basis. Does your association intend to take any steps that ensure the private sector is playing by the same rules you expect the Federal government to follow?

The question is unclear. Is their a suggestion that the companies which have “arranged sole-source contracts” are violating the law? If so, it is not the place of PIA or any other trade association to take action. If they are not violating the law, it would seem that it is the procurement practice of the agency rather than the printer who is at fault. There is only one set of rules contractors can follow. All deviations of those rules should be violations of federal law.

5. Does the position represented in the testimony submitted by your organization reflect the views of the Government Printing and Information Council?

The Government Printing and Information Council is a section of the Printing Industries of America. Positions of the Printing Industries of America and its sections, divisions, special industry groups and committees are determined by the PIA Government Affairs Committee with the concurrence of the Board of Directors. Entities within the PLA structure such as sections do not take independent positions.

6. Would the Printing Industries of America, Inc. support more work being redirected from the Defense Automated Printing Service to the Government Printing Office?

We assume you are referring to work being performed in house by DAPS. Obviously, such work should be redirected to the GPO or should be contracted out by DAPS in an open, competitive procurement system. We do not support taxpayer financed competition by the federal government with our industry.