B-130941, MAR. 20, 1957

B-130941, MAR. 20, 1957

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 1, 1957, WITH ENCLOSURES, WHEREIN YOU REQUEST A DECISION AS TO THE PROPRIETY OF INCLUDING IN YOUR MANUAL NAVEXOS P-35, STATING THE "RULES, REGULATIONS, POLICIES AND STANDARDS FOR THE CONTROL OF NAVY PUBLICATIONS AND PRINTING," THE FOLLOWING STATEMENT:

"RESEARCH AND DEVELOPMENT AND MATERIAL AND EQUIPMENT CONTRACT PRINTING.

"THE ADVISABILITY AND/OR NECESSITY IN CERTAIN INSTANCES FOR THE INCLUSION OF PRINTED MATERIAL, SUCH AS OPERATIONAL INSTRUCTIONS, USUALLY IN MANUAL FORM, AS A PART OF BASIC CONTRACTS FOR MILITARY SERVICES OR EQUIPMENT IS RECOGNIZED. IT SHOULD BE CLEARLY UNDERSTOOD THAT NO PRINTING SHOULD BE OBTAINED FROM CONTRACTORS FOR EQUIPMENT UNLESS THE PRINTED MATTER RELATES DIRECTLY TO THE OPERATIONAL OR SERVICING OF THE MANUFACTURER'S PRODUCT AND IS NEEDED FOR PLACEMENT WITH DELIVERIES OF BASIC ITEMS BEING MADE BY THE CONTRACTOR AT THE SAME TIME. IT IS NOT INTENDED THAT EQUIPMENT CONTRACTORS WILL BECOME PRIME SOURCES FOR ITEMS OF PRINTING. CONSEQUENTLY, SUCH PROCUREMENT OF PRINTED ITEMS SHALL BE LIMITED TO THOSE INSTANCES WHEREIN THE DELIVERY OF THE PRINTED PRODUCT CANNOT OTHERWISE BE COORDINATED WITH DELIVERIES OF THE BASIC PRODUCT. SUCH PROCUREMENT MAY BE ACCOMPLISHED ONLY UNDER THE FOLLOWING CONDITIONS:

"A. THE COMPONENTS OF THE NAVY DEPARTMENT SHALL BE RESPONSIBLE FOR INSURING THAT PROCUREMENT OF PUBLICATIONS UNDER THE PROVISIONS OF THIS PARAGRAPH IS ACCOMPLISHED IN COMPLIANCE WITH THE REGULATIONS OF THE CONGRESSIONAL JOINT COMMITTEE ON PRINTING PUBLISHED UNDER THE TITLE "STANDARDS FOR PROCUREMENT OF PRINTED MATERIAL SUPPLIED AS A PART OF BASIC CONTRACTS FOR MILITARY SERVICES OR EQUIPMENT," EXCEPT THAT THE PROVISIONS OF THE PARAGRAPHS ON COMPETITIVE BIDDING AND AWARD OF CONTRACT MAY BE RELAXED WHEN THE PROCURING BUREAU OR OFFICE DEEMS IT IN THE BEST INTEREST OF THE GOVERNMENT TO DO SO.

"B. PROCUREMENT OF PUBLICATIONS UNDER THE PROVISIONS OF THIS PARAGRAPH SHALL BE SUBJECT TO POST-AUDIT BY THE ADMINISTRATIVE OFFICE.'

IT IS NOTED THAT IN THE PREFACE TO ITS MANUAL ENTITLED "STANDARDS FOR PROCUREMENT OF PRINTED MATERIAL SUPPLIED AS A PART OF BASIC CONTRACTS FOR MILITARY SERVICES OR EQUIPMENT," PUBLISHED IN JULY 1955, THE JOINT COMMITTEE ON PRINTING HAS STATED THAT IT RECOGNIZES THE ADVISABILITY OR NECESSITY IN CERTAIN INSTANCES FOR INCLUDING PRINTED MATERIAL, USUALLY IN MANUAL FORM, AS A PART OF THE BASIC CONTRACTS FOR THE PROCUREMENT OF MILITARY SUPPLIES OR EQUIPMENT. IT IS FURTHER NOTED,HOWEVER, THAT THE SAID STANDARDS FOR PROCUREMENT OF PRINTED MATERIALS, AND PARTICULARLY THOSE SECTIONS GOVERNING THE MATTERS OF "COMPETITIVE BIDDING" AND "AWARD OF CONTRACTS," CONTAIN NO SPECIFIC AUTHORIZATION PERMITTING THE ACQUISITION BY THE MILITARY ESTABLISHMENTS OF PRINTED MATTER RELATING TO THE USE, OPERATION OR MAINTENANCE OF NEEDED EQUIPMENT DIRECT FROM THE CONTRACTORS OR MANUFACTURERS ON A NEGOTIATED BASIS, OR AS A PART OF THE BASIC CONTRACTS OF PROCUREMENT EXCEPT THROUGH ADVERTISING.

RATHER, THE SECTIONS OF THE STANDARDS FOR PROCUREMENT ABOVE REFERRED TO APPEAR TO CONSTITUTE AN AFFIRMATIVE REQUIREMENT THAT CONTRACTORS OR MANUFACTURERS FOR THE MILITARY ESTABLISHMENTS MUST PUBLICLY ADVERTISE THEIR PRINTING AND BINDING REQUIREMENTS IN THE MANNER THEREIN PRESCRIBED, SO AS TO ASSURE FAIR AND OPEN COMPETITION AMONG THE BIDDERS, WITH THE VIEW TO AWARDING THE AFFILIATED PRINTING CONTRACT TO THE LOWEST RESPONSIBLE BIDDER OFFERING TO COMPLY WITH THE PERTINENT SPECIFICATIONS.

IN VIEW OF THE EXCLUSIVE JURISDICTION CONFERRED BY THE PROVISIONS OF 44 U.S.C. III, AND RELATED STATUTES, ON THE JOINT COMMITTEE ON PRINTING, WE FEEL THAT WE HAVE NO AUTHORITY TO WAIVE OR SANCTION ANY VIOLATION OF THE REGULATIONS OF THE JOINT COMMITTEE, AND THAT SUCH PROVISIONS AS THOSE PROPOSED TO BE INCLUDED IN THE NEW EDITION OF NAVEXOS P-35, SHOULD BE AUTHORIZED BY AMENDMENT OF THE "STANDARDS OF PROCUREMENT" BY THE JOINT COMMITTEE.

SUBJECT TO SUCH AUTHORIZATION, WE WOULD INTERPOSE TO OBJECTION TO THE INCLUSION IN THE NAVY MANUAL OF SUCH A PROVISION AS THAT PROPOSED BY YOU. WE WOULD, HOWEVER, PREFER THAT MORE DEFINITE STANDARDS BE PRESCRIBED FOR THE RELAXATION OF THE COMPETITIVE BIDDING PROVISIONS.