[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Rules and Regulations]
[Pages 42905-42916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21091]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 247
[RIN 0790-AG37]
Department of Defense Newspapers, Magazines and Civilian
Enterprise Publications
AGENCY: Office of the Secretary of Defense, DoD.
ACTION: Final rule.
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SUMMARY: This rule revises and provides DoD policy and updates
procedures to meet changed circumstances for publishing DoD internal
command information newspapers, magazines and civilian enterprise
publications. It has minimal impact on some civilian printers who are
contracted to print the publications.
EFFECTIVE DATE: June 16, 1997.
FOR FURTHER INFORMATION CONTACT: Lieutenant Colonel Wayne White, USA,
(703) 428-0629.
SUPPLEMENTARY INFORMATION: On February 3, 1997, (62 FR 4947) DoD
published a proposed rule with public comment period. No comments were
received.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 247 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a sector of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter
44)
It has been certified that 32 CFR part 247 does not impose any
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35).
List of Subjects in 32 CFR Part 247
Defense communications, Government publications, Newspapers and
magazines.
Accordingly, 32 CFR part 247 is revised to read as follows:
PART 247--DEPARTMENT OF DEFENSE NEWSPAPERS, MAGAZINES AND CIVILIAN
ENTERPRISE PUBLICATIONS
Sec.
247.1 Purpose.
247.2 Applicability.
247.3 Definitions.
247.4 Policy.
247.5 Responsibilities.
247.6 Procedures.
247.7 Information requirements.
Appendix A to part 247-Funded Newspapers and Magazines
Appendix B to part 247-CE Publications
Appendix C to part 247-Mailing of DoD Newspapers, Magazines, CE
Guides, and Installation Maps; Sales and Distribution of Non-DoD
Publications
Appendix D to part 247-AFIS Print Media Directorate
Appendix E to part 247-DoD Command Newspaper and Magazine Review
System
Authority: 10 U.S.C. 121 and 133.
Sec. 247.1 Purpose.
This part implements DoD Directive 5122.10 \1\ and implements
policy, assigns responsibilities, and prescribes procedures concerning
authorized DoD Appropriated Funded (APF) newspapers and magazines, and
Civilian Enterprise (CE) newspapers, magazines, guides, and
installation maps in support of the DoD Internal Information Program.
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\1\ Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22121.
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Sec. 247.2. Applicability.
This part:
(a) Applies to the Office of the Secretary of Defense (OSD), the
Military Departments, the Chairman of the Joint
[[Page 42906]]
Chiefs of Staff, the Combatant Commands, the Defense Agencies, and the
DoD Field Activities (hereafter referred to collectively as ``the DoD
Components''). The term ``Military Services,'' as used herein, refers
to the Army, the Navy, the Air Force, the Marine Corps, and includes
the Coast Guard when operating as a Military Service in the Navy. The
term Commander, as used herein, also means Heads of the DoD Components.
(b) Does not apply to the Stars and Stripes (S&S) newspapers and
business operations. S&S guidance is provided in DoD Directive
5122.11.\2\
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\2\ See footnote 1 to Sec. 247.1.
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(c) The term Commander, as used in this part, also means Heads of
the DoD Components.
Sec. 247.3 Definitions.
Civilian Enterprise (CE) guides and installation maps. Authorized
publications containing advertising that are prepared and published
under contract with commercial publishers. The right to circulate the
advertising in these publications to the DoD readership constitutes
contractual consideration to pay for these DoD publications. The
publications become the property of the command, installation, or
intended recipient upon delivery in accordance with terms of the
contract. Categories of these publications are:
(1) Guides. Publications that provide DoD personnel with
information about the mission of their command; the availability of
command, installation, or community services; local geography;
historical background; and other information. These publications may
include installation telephone directories at the discretion of the
commander.
(2) Installation maps. Publications designed for orientation of new
arrivals or for visitors.
CE publications. CE newspapers, CE magazines, CE guides and
installation maps produced commercially under the CE concept.
DoD newspapers. Authorized, unofficial publications, serving as
part of the commander's internal information program, that support DoD
command internal communication requirements. Usually, they are
distributed weekly or monthly. DoD newspapers contain most, if not all,
of the following elements to communicate with the intended DoD
readership: command, military department, and DoD news and features;
commanders' comments; letters to the editor; editorials; commentaries;
features; sports; entertainment items; morale, welfare, and recreation
news and announcements; photography; line art; and installation and
local community news and announcements. DoD newspapers do not
necessarily reflect the official views of, or endorsement of content
by, the Department of Defense.
(1) CE newspapers. Newspapers published by commercial publishers
under contract with the DoD Components or their subordinate commands.
The commander or public affairs office provides oversight and final
approval authority for the news and editorial content of the paper.
Authorized news and information sources include the Office of the
Assistant Secretary of Defense for Public Affairs (OASD(PA)), AFIS, the
Military Departments, their subordinate levels of command, and other
Government Agencies. CE contractor personnel may provide material for
use in the newspaper if approved by the commander or public affairs
officer (PAO), as the commander's representative. These newspapers
contain advertising sold by the commercial publisher on the same basis
as for CE guides and installation maps and may contain supplements or
inserts. They become the property of the command, installation, or
intended recipient upon delivery in accordance with terms of the
contract.
(2) Funded newspapers. Newspapers published by the DoD Components
or their subordinate commands using appropriated funds. The editorial
content of these newspapers is prepared by the internal information
section of the public affairs staff or other internal sources. Usually,
these newspapers are printed by the Government Printing Office (GPO) or
under GPO contract in accordance with Government printing regulations.
DoD Directive 5330.3 \3\ specifies DPS as the sole DoD conduit to the
GPO.
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\3\ See footnote 1 to Sec. 247.1.
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(3) Overseas Combatant Command newspapers. Newspapers published for
overseas audiences approved by the Assistant Secretary of Defense for
Public Affairs (ASD(PA)) to provide world, U.S., and regional news from
commercial sources, syndicated columns, editorial cartoons, and
applicable U.S. Government, Department of Defense, Component, and
subordinate command news and information.
(4) News bulletins and summaries. Publications of deployed or
isolated commands and ships compiled from national and international
news and opinion obtained from authorized sources. News bulletins or
summaries may be authorized by the next higher level of command when no
daily English language newspapers are readily available.
Inserts. A flier, circular, or freestanding advertisement placed
within the folds of the newspaper. No disclaimer or other labeling is
required.
Magazines. Authorized, unofficial publications, serving as part of
the commander's internal information program. They are produced and
distributed periodically, usually monthly, and contain information of
interest to personnel of the publishing DoD component or organization.
They usually reflect a continuing policy as to purpose, format, and
content. They are normally non-directive in nature and are published to
inform, motivate, and improve the performance of the personnel and
organization. They may be published as funded magazines or under the CE
concept.
Option. A unilateral right in a contract by which, for a specified
time, the Government may elect to acquire additional supplies or
services called for by the contract, or may elect to extend the term of
the contract.
Organizational terms. (1) Command. A unit or units, an
organization, or an area under the command of one individual. It
includes organizations headed by senior civilians that require command
internal information-type media.
(2) DoD Components. See Sec. 247.2 (a).
(3) Installation. A DoD facility or ship that serves as the base
for one or more commands. Media covered by this Part may serve the
command communication needs of one or several commands located at one
installation.
(4) Major command. A designated command such as the Air Mobility
Command or the Army Forces Command that serves as the headquarters for
subordinate commands or installations that have the same or related
missions.
(5) Subordinate levels. Lower levels of command.
Publications. As used in this part, ``publications'' refers to DoD
newspapers, magazines, guides and/or installation maps serving the
commander's internal information program published in both paper and
electronic format, including digital printing.
Supplements. Features, advertising sections, or morale, welfare and
recreation sections printed with or inserted into newspapers for
distribution. Supplements must be labeled ``Supplement to the (name of
newspaper).'' Editorial content in
[[Page 42907]]
supplements is subject to approval by the commander or the PAO as his
or her agent.
Sec. 247.4 Policy.
It is DoD policy that:
(a) A free flow of news and information shall be provided to all
DoD personnel without censorship or news management. The calculated
withholding of news unfavorable to the Department of Defense is
prohibited.
(b) News coverage and other editorial content in DoD publications
shall be factual and objective. News and headlines shall be selected
using the dictates of good taste. Morbid, sensational, or alarming
details not essential to factual reporting shall be avoided.
(c) DoD publications shall distinguish between fact and opinion,
both of which may be part of a news story. When an opinion is
expressed, the person or source shall be identified. Accuracy and
balance in coverage are paramount.
(d) DoD publications shall distinguish between editorials (command
position) and commentaries (personal opinion) by clearly identifying
them as such.
(e) News content in DoD publications shall be based on releases,
reports, and materials provided by the DoD Components and their
subordinate levels, DoD newspaper staff members, and other government
agencies. DoD publications shall credit sources of all material other
than local, internal sources. This includes, but is not limited to,
Military Department news sources, American Forces Information Service,
and command news releases.
(f) DoD publications may contain articles of local interest to
installation personnel produced outside official channels (e.g.,
stringers, local organizations), provided that the author's permission
has been obtained, the source is credited, and they do not otherwise
violate this part.
(g) DoD publications normally shall not be authorized the use of
commercial news and opinion sources, such as Associated Press (AP),
United Press International (UPI), New York Times, etc., except as
stated in this paragraph and the following paragraph. The use of such
sources is beyond the scope of the mission of command or installation
publications and puts them in direct competition with commercial
publications. The use of such sources may be authorized for a specific
DoD newspaper by the cognizant DoD Component only when other sources of
national and international news and opinion are not available.
(h) Overseas Combatant Command newspapers published outside the
United States may purchase or contract for and carry news stories,
features, syndicated columns, and editorial cartoons from commercial
services or sources. A balanced selection of commercial news or opinion
shall appear in the same issue and same page, whenever possible, but in
any case, over a reasonable time period. Selection of commercial news
sources, syndicated columns, and editorial cartoons to be purchased or
contracted for shall be approved by the Commanders. Overseas Combatant
Command newspapers, news bulletins, and news summaries authorized to
carry national and world news may include coverage of U.S. political
campaign news from commercial news sources. Presentation of such
political campaign news shall be made on a balanced, impartial, and
nonpartisan basis.
(i) The masthead of all DoD publications shall contain the
following disclaimer printed in type no smaller than 6-point: ``This
(DoD newspaper, magazine, guide or installation map) is an authorized
publication for members of the Department of Defense. Contents of (name
of the DoD newspaper/magazine/this guide/this installation map) are not
necessarily the official views of, or endorsed by, the U.S. Government,
the Department of Defense, or (the name of the publishing DoD
Component).''
(j) The masthead of DoD CE publications shall contain the following
statements in addition to that contained in paragraph (i) of this
section:
(1) ``Published by (name), a private firm in no way connected with
the (Department of Defense/the U.S. Army/the U.S. Navy/the U.S. Air
Force/the U.S. Marine Corps) under exclusive written contract with (DoD
Component or subordinate level).''
(2) ``The appearance of advertising in this publication, including
inserts or supplements, does not constitute endorsement by the
(Department of Defense/the U.S. Army/the U.S. Navy/the U.S. Air Force/
the U.S. Marine Corps), or (name of commercial publisher) of the
products or services advertised.''
(3) ``Everything advertised in this publication shall be made
available for purchase, use, or patronage without regard to race,
color, religion, sex, national origin, age, marital status, physical
handicap, political affiliation, or any other nonmerit factor of the
purchaser, user, or patron.'' If a violation or rejection of this equal
opportunity policy by an advertiser is confirmed, the publisher shall
refuse to print advertising from that source until the violation is
corrected.
(k) DoD publications shall not contain campaign news, partisan
discussions, cartoons, editorials, or commentaries dealing with
political campaigns, candidates, issues, or which advocate lobbying
elected officials on specific issues. DoD CE publications shall not
carry paid political advertisements for a candidate, party, which
advocate a particular position on a political issue, or which advocate
lobbying elected officials on a specific issue. This includes those
advertisements advocating a position on any proposed DoD policy or
policy under review.
(l) DoD newspapers shall support the Federal Voting Assistance
Program by carrying factual information about registration and voting
laws, especially those on absentee voting requirements of the various
States, the District of Columbia, Puerto Rico, and U.S. territories and
possessions. DoD newspapers shall use voting materials provided by the
Director, Federal Voting Assistance Program; the OSD; and the Military
Departments. Such information is designed to encourage DoD personnel to
register as voters and to exercise their right to vote as outlined in
DoD Directive 1000.4.\4\
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\4\ See footnote 1 to Sec. 247.1.
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(m) DoD publications shall comply with DoD Instruction 1100.13\5\
pertaining to polls, surveys, and straw votes.
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\5\ See footnote 1 to Sec. 247.1.
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(1) The DoD Components and subordinate levels may authorize polls
on matters of local interest, such as soldier of the week, and favorite
athlete.
(2) A DoD publication shall not conduct a poll, a survey, or a
straw vote relating to a political campaign or issue.
(3) Opinion surveys must be in compliance with Military Service
regulations.
(n) DoD newspapers will support officially authorized fund-raising
campaigns (e.g., Combined Federal Campaign (CFC)) within the Department
of Defense in accordance with DoD Directive 5035.1.\6\ News coverage of
the campaign will not discuss monetary goals, quotas, competition or
tallies of solicitation between or among agencies. To avoid any
appearance of endorsement, features and news coverage will discuss the
campaign in general and not promote specific agencies within the CFC.
Agencies may be mentioned routinely but must not be a main focus of
features and news coverage.
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\6\ See footnote 1 to Sec. 247.1.
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(o) DoD publications shall not:
(1) Contain any material that implies that the DoD Components or
their
[[Page 42908]]
subordinate levels endorse or favor a specific commercial product,
commodity, or service.
(2) Subscribe, even at no cost, to a commercial or feature wire or
other service whose primary purpose is the advertisement or promotion
of commercial products, commodities, or services.
(3) Carry any advertisement that violates or rejects DoD equal
opportunity policy. (See paragraph (j)(3) of this section).
(p) All commercial advertising, including advertising supplements,
shall be clearly identifiable as such. Paid advertorials and
advertising supplements may be included but must be clearly labeled as
advertising and readily distinguishable from editorial content.
(q) Alteration of official photographic and video imagery will
comply with DoD Directive 5040.5.\7\
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\7\ See footnote 1 to Sec. 247.1.
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(r) Commercial sponsors of Armed Forces Professional Entertainment
Program events and morale, welfare and recreation events may be
mentioned routinely with other pertinent facts in news stories and
announcements in DoD newspapers. (See DoD Instructions 1330.13 \8\ and
1015.2.\9\
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\8\ See footnote 1 to Sec. 247.1.
\9\ See footnote 1 to Sec. 247.1.
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(s) Book, radio, television, movie, travel, and other entertainment
reviews may be carried if written objectively and if there is no
implication of endorsement by the Department of Defense or any of its
Components or their subordinate levels.
(t) All printing using appropriated funds will be obtained in
accordance with DoD Directive 5330.3.
(u) Although DoD internet web sites are normally discouraged from
linking to commercial activities, the commander may authorize an
installation web site to be linked to the web site carrying the
authorized civilian enterprise publication.
Sec. 247.5 Responsibilities.
(a) The Assistant Secretary of Defense for Public Affairs,
consistent with DoD Directive 5122.5,\10\ shall:
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\10\ See footnote 1 to Sec. 247.1.
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(1) Develop policies and provide guidance on the administration of
the DoD Internal Information Program.
(2) Provide policy and operational direction to the Director, AFIS.
(3) Monitor and evaluate overall mission effectiveness within the
Department of Defense for matters under this part.
(b) The Director, American Forces Information Service, shall:
(1) Develop and oversee the implementation of policies and
procedures pertaining to the management, content, and publication of
DoD publications encompassed by this part.
(2) Serve as DoD point of contact with the Joint Committee on
Printing, Congress of the United States, for matters under this part.
(3) Serve as the DoD point of contact in the United States for
Combatant Command newspaper matters.
(4) Provide guidance to the Combatant Commands, Military
Departments, and other DoD Components pertaining to DoD publications.
(5) Monitor effectiveness of business and financial operations of
DoD publications and provide business counsel and assistance, as
appropriate.
(6) Sponsor a DoD Interservice Newspaper Committee and a Flagship
Magazine Committee composed of representatives of the Military
Departments to coordinate matters on publications encompassed by this
part and flagship magazine matters, respectively.
(7) Provide a press service for joint-Service news and information
for use by authorized DoD publication editors.
(c) The Secretaries of the Military Departments shall:
(1) Provide policy guidance and assistance to the Department's
publications.
(2) Encourage the use of CE publications when they are the most
cost-effective means of fulfilling the command communication
requirement.
(3) Ensure that adequate resources are available to support
authorized internal information products under this part.
(4) Designate a member of their public affairs staff to serve on
the DoD Interservice Newspaper Committee.
(5) Ensure all printing obtained with appropriated funds complies
with DoD Directive 5330.3.
(d) The Commanders of Combatant Commands shall:
(1) Publish Combatant Command newspapers, if authorized. In
discharging this responsibility, the Commander shall ensure that
policy, direction, resources, and administrative support are provided,
as required, to produce a professional quality newspaper to support the
command mission.
(2) Ensure that the newspaper is prepared to support U.S. forces in
the command area during contingencies and armed conflict.
Sec. 247.6 Procedures.
(a) General. (1) National security information shall be protected
in accordance with DoD Directive 5200.1\11\ and DoD 5200.1-R.\12\
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\11\ See footnote 1 to Sec. 247.1.
\12\ See footnote 1 to Sec. 247.1.
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(2) Specific items of internal information of interest to DoD
personnel and their family members prepared for publication in DoD
publications may be made available to requesters if the information can
be released as provided in DoD Directive 5400.7 \13\ and DoD 5400.1-
R.\14\
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\13\ See footnote 1 to Sec. 247.1.
\14\ See footnote 1 to Sec. 247.1.
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(3) Editorial policies of DoD publications shall be designed to
improve the ability of DoD personnel to execute the missions of the
Department of Defense.
(4) DoD editors of publications covered under this part shall
conform to applicable policies, regulations, and laws involving the
collection, processing, storage, use, publication and distribution of
information by DoD Components (e.g., libel, photographic image
alteration, copyright, sexually explicit materials, classification of
information, protection of sensitive information and U.S. Government
printing and postal regulations).
(5) DoD publications shall comply with DoD Directive 5400.11 \15\
regarding the DoD privacy program.
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\15\ See footnote 1 to Sec. 247.1.
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(b) Establishment of DoD newspapers. (1) Commanders are authorized
to establish Funded newspapers (Appendix A to this part) or CE
newspapers (Appendix B to this part) when:
(i) A valid internal information mission requirement exists.
(A) Command or installation newspapers provide the commander a
primary means of communicating mission-essential information to members
of the command. They provide feedback through such forums as letters to
the editor columns. This alerts the commander to the emotional status
and state of DoD knowledge of the command. The newspaper is used as a
return conduit for command information to improve attitudes and
increase knowledge.
(B) News reports and feature stories on individuals and
organizational elements of the command provides a crossfeed of DoD
information, which improves internal cooperation and mission
performance. Recognition of excellence in individual or organizational
performance motivates and sets forth expected norms for mission
accomplishment.
(C) The newspaper improves morale by quelling rumors and keeping
[[Page 42909]]
members informed on DoD information that will affect their futures. It
provides information and assistance to family members, which improve
their spirits and thereby the effectiveness of their military service
and/or civilian member. The newspaper encourages participation in
various positive leisure-time activities to improve morale and deter
alcohol abuse and other pursuits that impair their ability to perform.
(D) The newspaper provides information to make command members
aware of the hazards of the abuse of drugs and other substances, and of
the negative impact that substance abuse has on readiness.
(E) CE newspapers provide advertisements that guide command members
to outlets where they may fulfill their purchasing needs. A by-product
of this commercial contact is increased installation-community
communication, which enhances mutual support.
(F) The newspaper increases organizational cohesiveness and
effectiveness by providing a visual representation of the essence of
the command itself.
(G) Good journalistic practices are vital, but are not an end unto
themselves. They are the primary means to enhance receptivity of
command communication through the newspaper.
(H) The newspaper exists to facilitate accomplishment of the
command or installation mission. That is the only basis for the
expenditure of DoD resources to produce them.
(ii) A newspaper is determined by the commander and the next higher
level of command to be the most cost-effective means of fulfilling the
command internal communication requirement.
(2) The use of appropriated funds is authorized to establish a
Funded newspaper if a CE newspaper is not feasible. The process of
establishing a newspaper must include an investigation of the
feasibility of publishing under the CE concept. This investigation must
include careful consideration of the potential for real or apparent
conflict of interest. If publishing under the CE concept is determined
to be feasible, commanders must ensure that they have obtained approval
to establish the newspaper before authorizing their representatives to
negotiate a contract with a CE publisher.
(3) DoD newspapers are mission activities. The use of
nonappropriated funds for any aspect of their operations is not
authorized.
(4) Appropriated funds shall not be used to pay any part of the
commercial publisher's costs incurred in publishing a CE publication.
(5) Only one DoD newspaper or magazine is authorized for each
command or installation.
(i) If a newspaper is required at an installation where more than
one command or headquarters is collocated, the host commander shall be
responsible for publication of one funded or CE newspaper for all. The
host command shall provide balanced and sufficient coverage of the
other commands, their personnel, and activities in that locality. These
commands, or headquarters, shall assist the staff of the host newspaper
with coverage. If required by unusual circumstance, a commander other
than the host may publish the single authorized newspaper when the
majority of affected organizations concur.
(ii) This provision is not intended to prohibit the headquarters of
a geographically dispersed command that receives its local coverage in
the host installation newspaper from publishing a command-wide
newspaper; nor is it intended to prohibit a command that has
information needs that are significantly different from the majority of
the host installation audience from publishing a separate newspaper,
when authorized by the designated approving authority. (See appendix E
to this part).
(iii) Establishment of CE Guides and Installation Maps. When valid
communication requirements exist, publications in this category may be
established by the commander, if feasible. (See appendix B to this
part) Only one CE guide and installation map is authorized for each
command or installation. The requirements of paragraph (b)(4) of this
section, apply to CE guides and installation maps. These publications
shall be approved by the next higher level. Approval authorities shall
exercise care not to overburden community advertisers.
(iv) Use of trademark. The DoD Components and their subordinate
levels shall trademark--State, Federal, or both--the names of their
publications when possible.
(v) Use of recycled products. The public affairs office shall,
whenever possible, based on contractual agreements, use recycled paper
for publications covered under this part.
(vi) Mailing requirements and sales and distribution of non-DoD
publications. See appendix C to this part.
(vii) AFIS print media directorate. See appendix D to this part.
(viii) DoD command newspaper and magazine review system. See
appendix E to this part.
(6) When, in the opinion of the Assistant Secretary of Defense for
Public Affairs, or the Combatant Command Commander, a Combatant Command
newspaper is needed, establishment shall be directed by the Secretary
of Defense. Both appropriated and nonappropriated funds may be used in
the publication of overseas Combatant Command newspapers.
(7) Establishment of magazines. New magazines shall be approved by
the Head of the publishing DoD Component. New magazines serving the
Military Services shall be approved in accordance with Service
procedures. Only one DoD magazine or newspaper is authorized for each
command or installation. Magazines are normally financed through
appropriated funds. When CE magazines are approved, provisions in this
part regarding advertising and contracting for CE publications apply to
CE magazines. Magazines must:
(i) Serve a clearly defined purpose in support of the mission of
the publishing DoD Component, and the purpose must justify the cost.
(ii) Not duplicate equivalent magazines serving the same, or
substantially the same purpose.
(iii) Be published and distributed efficiently and economically.
(iv) Be reviewed every two years by the publishing DoD Component to
ensure they are in compliance with this part, are mission essential,
and are economically achieving their desired objective.
Sec. 247.7 Information requirements.
The biennial reporting requirement contained in this part has been
assigned Report Control Symbol DD-PA(BI) 1638.
Appendix A to Part 247--Funded Newspapers and Magazines
A. Purpose. Funded newspapers and magazines support the command
communication requirements of the DoD Components and their
subordinate commands. Normally, printing is accomplished by a
commercial printer under contract or in government printing
facilities in accordance with DoD Directive 5330.3.1 The
editorial content of these publications and distribution are
accomplished by the contracting command. Overseas, Funded newspapers
are authorized to be printed under contract with the S&S. Where
printing by S&S is not feasible because of distance or other
factors, Funded newspapers may be printed by other means. These are
evaluated
[[Page 42910]]
on a case-by-case basis with the cognizant DPS office.
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\1\ Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22121.
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B. Name. The name of the publication may include the name of the
command or installation, or, the name of the command or installation
may appear separately in the nameplate (flag). The emblem of the
command or installation may be included in the nameplate, also. When
possible, the DoD Components and their subordinate levels shall
trademark the names of their publications, as stated in
Sec. 247.5(d).
C. Masthead. The masthead shall include the names of the
commanding officer and the PAO, the names and editorial titles of
the primary staff of the publication, and the mailing address and
telephone number of the editorial staff, in addition to that
required in Sec. 247.4(i).
D. News and editorial materials. The commander and the public
affairs staff shall generate and select news, information,
photographs, editorial, and other materials to be used. Authorized
news and information sources include the Office of the Assistant
Secretary of Defense for Public Affairs (OASD(PA)), AFIS, the
Military Departments, their subordinate levels of command, and other
Government Agencies. Civilian community service news and
announcements of benefit to personnel assigned to the command or
installation and their family members may also be used. Photographic
images used will be in compliance with Sec. 247.4(r).
E. Assignment of personnel. Military and DoD civilian personnel
may not be assigned to duty at the premises of the contract printer
to perform any job functions that are part of the business
activities or contractual responsibilities of the contract printer.
Members of the public affairs staff who produce editorial content
may work on the premises as liaison and monitor to specify and
coordinate layout and other production details provided for in the
command contract with the contract printer. A member of the public
affairs staff shall review proof copy to prevent mistakes.
F. Funding. The expense of publishing and distributing Funded
newspapers and magazines is charged to appropriated funds of the
publishing command.
G. Printing. Printing of a funded publication shall be handled
in accordance with DoD Directive 5330.3 in conjunction with the DoD
Component's printing function with public affairs as the office of
primary publishing interest. The use of color is authorized if the
cognizant commander, the DoD Component's printing function and the
PAO determine it enhances communication.
H. Distribution. Funded publications may be distributed through
official channels. Appropriated funds and manpower may be used for
distribution of Funded publications, as required.
I. Advertising. Funded publications shall not carry commercial
advertising. As a service, the Funded newspaper may carry nonpaid
listings of personally owned items and services for sale by members
of the command. Noncommercial news stories and announcements
concerning nonappropriated fund activities and commissaries may be
published in funded publications.
J. Employment and gratuities. DoD personnel shall not accept any
gratuities from or employment with any GPO-contracted printers in
violation of the DoD 5500.7-R,2 the Joint Ethics
Regulation. In addition, DoD personnel whose spouse or children (or
other relatives as described in the Joint Ethics Regulation) are
offered employment by, or work for, a GPO-contracted printer, must
take appropriate action to avoid conflicts of interest.
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\2\ See footnote 1 to section A. of this appendix.
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Appendix B to Part 247--CE Publications
A. Purpose. CE publications consist of DoD newspapers,
magazines, guides, and installation maps. They support command
internal communications. The commander or public affairs office
provides oversight and final approval authority for the news and
editorial content of the publication. CE publishers sell advertising
to cover costs and secure earnings, print the publications, and may
make all or part of the distribution. Periodically, CE publishers
compete for contracts to publish these publications. Neither
appropriated nor nonappropriated funds shall be used to pay for any
part of a CE publisher's costs incurred in publishing a CE
publication.
B. Name. The name of the publication may include the name of the
command or installation, or the name of the command or installation
may appear separately in the nameplate (flag). The emblem of the
command or installation may also be included in the nameplate. When
possible, the DoD Components and their subordinates shall trademark
the names of their publications, as stated in Sec. 247.6(d).
C. Masthead. The masthead shall include the following in
addition to that required in Sec. 247.4 (i) and (j). ``The editorial
content of this publication is the responsibility of the (name of
command or installation) Public Affairs Office.'' The names of the
commanding officer and PAO, the names and editorial titles of the
staff assigned the duty of preparing the editorial content, and the
office address and telephone number of the editorial staff shall be
listed in the masthead of DoD newspapers, but is not required in CE
guides and installation maps. The names of the publisher and
employees of the publisher may be listed separately.
D. News and editorial materials. The commander or the public
affairs office shall provide oversight and final approval authority
for news, information, photographs, editorial, and other materials
to be used in a CE publication in the space allotted for that
purpose by written contract with the commercial publisher.
Authorized news and information sources include the OASD(PA), AFIS,
the Military Departments and their subordinate levels of command,
and other Government Agencies. CE contractor personnel may provide
material for use in the publication if approved by the commander or
PAO, as the commander's representative. Commercial news and opinion
sources, such as AP, UPI, New York Times, etc., are not normally
authorized for use in DoD publications except as stated in
Sec. 247.4(q). Newspapers may publish community service news and
announcements of the civilian community for the benefit of command
or installation personnel and their families. Imagery used will be
in compliance with Sec. 247.4(r).
E. Assignment of personnel. Neither military nor DoD civilian
personnel shall be assigned to duty at the premises of the CE
publisher. Neither military nor DoD civilian personnel shall perform
any job functions that are part of the business activities or
contractual responsibilities of the CE publisher either at the
contractor's facility or the Government facility. The PAO and staff
who produce the non-advertising content of the CE publication may
perform certain installation liaison functions on publisher premises
including monitoring and coordinating layout and design and other
publishing details set forth in the contract to ensure the effective
presentation of information. One or more members of the public
affairs staff shall review proof copy to prevent mistakes. Newspaper
text-editing-system pagination and copy terminals owned by the CE
publisher may be placed in the command or installation public
affairs office under contractual agreement for use by the public
affairs staff to coordinate layout and ensure that the preparation
of editorial material is performed in such a way as to enhance the
efficiency and effectiveness of the printing and publication
functions performed by the CE publisher. All costs of these
terminals shall be borne by the CE newspaper publishers who shall
retain title to the equipment and full responsibility for any damage
to or loss of such equipment. The relationship between the public
affairs staff and employees of the CE contractor is that of
Government employees working with employees of a private contractor.
Supervision of CE employees; that is, the responsibility to rate
performance, set rate of pay, grant vacation time, exercise
discipline, assign day-to-day administrative tasks, etc., remains
with the CE publisher. Any modification of the contract must be made
by the responsible contracting officer. Public affairs staff members
must be aware that employees of the contractor are not employees of
the government and should be treated accordingly.
F. Distribution of CE publications.
1. A funded newspaper shall not be distributed as an insert to a
CE newspaper, unless provided for in the CE contract, nor shall a CE
newspaper be distributed as an insert to a funded newspaper.
2. Supplements, clearly labeled as such, and advertising
inserts, may be inserted into and distributed with a CE newspaper.
3. The commercial publisher of a CE publication shall make as
much of the distribution to the intended readership as possible. CE
publications may be distributed through official channels.
4. Except as authorized by the next higher headquarters for
special situations or occasions (such as an installation open
house), CE publications shall not be distributed outside the
intended DoD audience and retirees, which includes family members.
Electronic publication on the internet/world wide web is not
considered distribution outside the intended DoD
[[Page 42911]]
audience. The CE publisher may provide complete copies of each
specific issue of a CE publication to an advertiser whose
advertisement is carried therein.
5. The CE publisher of a CE newspaper will provide the
appropriate number of news racks determined by the installation
commander for publication distribution.
CE publishers are responsible for maintenance of these racks.
6. CE guides, magazines, and installation maps may be delivered
in bulk quantities to the appropriate installation offices to
distribute these publications through official channels as
necessary.
G. Responsibilities regarding advertising.
1. Only the CE publisher shall use the space agreed upon for
advertising. While the editorial content of the publication is
completely controlled by the installation, the advertising section,
including its content, is the responsibility of the CE publisher.
The public affairs staff, however, retains the responsibility to
review advertisements before they are printed.
2. Any decision by a CE publisher to accept or reject an
advertisement is final. The PAO may discuss with a publisher their
decision not to run an advertisement, but cannot substitute his
judgment for that of the publisher.
3. Before each issue of a CE publication is printed, the public
affairs staff shall review advertisements to identify any that are
contrary to law or to DoD or Military Service regulations, including
this part, or that may pose a danger or detriment to DoD personnel
or their family members, or that interfere with the command or
installation missions. It is in the command's best interest to
carefully apply DoD and Service regulations and request exclusion of
only those advertisements that are clearly in violation of this
part. If any such advertisements are identified, the public affairs
office shall obtain a legal coordination of the proposed exclusion.
After coordination, the public affairs office shall request, in
writing if necessary, that the commercial publisher delete any such
advertisements. If the publisher prints the issue containing the
objectionable advertisement(s), the commander may prohibit
distribution in accordance with DoD Directive 1325.6.\1\
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\1\ Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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4. DoD Directive 1325.6 gives the commander authority to
prohibit distribution on the installation of a CE publication
containing advertising he or she determines likely to promote a
situation leading to potential riots or other disturbances, or when
the circulation of such advertising may present a danger to loyalty,
discipline, or morale of personnel. Each commander shall determine
whether particular advertisements to be placed by the publisher in a
CE publication serving the command or installation may interfere
with successful mission performance. Some considerations in this
decision are the local situation, the content of the proposed
advertisement, and the past performance of the advertiser. Prior to
making a determination to prohibit distribution of a CE publication,
the commander shall obtain a legal coordination.
5. CE publications may carry paid and nonpaid advertising of the
products and services of nonappropriated fund activities and
commissaries, if allowed by DoD and Military Service regulations.
(See DoD Instruction 1015.2 \2\)
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\2\ See footnote 1 to section G.3. of this appendix.
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6. The Military Departments will coordinate a standard set or
ratios of advertising-to-editorial copy for multiples of pages for
run of the publication advertising in CE publications that will be
included in all DoD Component regulations supplementing this part.
The recommended annual average is a ratio of 60/40. Inserts and
advertising supplements will not count in the total ad-to-copy
ratio; However, the commander may prohibit the distribution of
supplemental advertising deemed excessive.
7. Bingo games and lotteries conducted by a commercial
organization whose primary business is conducting lotteries may not
be advertised in CE publications. Non-lottery activities (such as
dining at a restaurant or attending a musical performance) of a
commercial organization whose primary business is conducting
lotteries may be advertised in CE publications. Exceptions are
allowed for authorized State lotteries, lotteries conducted by a
not-for-profit organization or a governmental organization, or
conducted as a promotional activity by a commercial organization and
clearly occasional and ancillary to the primary business of that
organization. An exception also pertains to any gaming conducted by
an Indian tribe under 25 U.S.C. 2720. See section D. of appendix C
to this part.
H. CE guides and maps.
1. The name of the publication may include the name and emblem
of the command or installation.
2. At the discretion of the commander, an installation telephone
directory may be included as a section of a CE guide. The telephone
section shall be part of the guide contract specifications. Separate
contracts for CE telephone directories are not authorized. Over-run
printing of the telephone directory/yellow pages section of the
installation guide is authorized. The number of guides with integral
telephone directories and the number of over-run copies of the
telephone directory/yellow pages will be clearly specified in the
single guide contract. Required communication security information
shall be printed on the first page of the telephone section and not
on the cover of the guide. The cover of the guide may notify users
that the publication contains the telephone directory.
3. CE contracts for guides and maps shall establish firm
delivery dates and shall contain provisions to ensure distribution
is controlled by the command. Delivery dates may vary for guides and
maps to make them more attractive to advertisers. The contract
provisions shall specify delivery dates.
I. Employment and gratuities. DoD personnel shall not accept any
gratuities from or employment with any CE publisher in violation of
DoD Directive 5500.7-R.\3\ In addition, DoD personnel whose spouse
or children (or other relations as described in DoD Directive
5500.7-R) are offered employment by, or work for, a CE publisher,
must take appropriate action to avoid conflicts of interest.
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\3\ See footnote 1 to section G.3. of this appendix.
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J. Contracting for a CE publication.
1. General. The DoD Components and their subordinate commands
are authorized to contract in writing for CE publications. The
underlying premise of the CE concept is that the DoD Components and
their subordinate commands will save money by transferring certain
publishing and distribution functions to a commercial publisher
selected through a competitive process. The CE publication is
printed and delivered to the command, installation, or its
readership in accordance with the terms of a written contract. Oral
contracts are not acceptable. The right to sell and circulate
advertising to the complete readership in the CE publication
provides the publisher revenue to cover costs and secure earnings.
The command or installation guarantees first publication and
distribution of locally-produced editorial content in the
publication. The publication becomes the property of the command,
installation, or intended reader upon delivery in accordance with
terms of the contract.
2. Contracting process. Whether a first time initiative to
establish a CE publication or a recompetition of an existing CE
contract, the process must start with advance planning as to the
nature of the command's requirements, the contracting strategy, and
the market of potential advertisers and competitors for the job. The
CE contract solicitation and the contract itself must contain a
statement of work that describes in legally sufficient detail the
Government's requirements and the conditions and restrictions under
which the contractor will perform. The cognizant contracting office
for the CE contracting action shall be the contracting office which
normally provides contracting support to the command for service
contracts and other procurements of a general nature which are above
the simplified small purchase threshold. The contracting officer
shall combine the statement of work with appropriate contractual
terms and conditions, using 48 CFR chapter I and II as guides,
although CE contracts are not subject to the FAR or DFARS, because
they do not involve the expenditure of appropriated funds. The
resulting solicitation and contract shall completely identify the
rights and obligations of both parties. Proposals shall be solicited
from all known commercial publishers who could potentially become
the CE contractor. Upon evaluation of the competing proposals by the
Source Selection Advisory Committee (SSAC) and selection of a winner
by the selecting official, the CE contract shall be awarded by the
contracting officer. The CE contract shall not require the
contractor to pay money to the command or to provide goods,
services, or other consideration not directly related to the CE
publication. In the event that only one offer is received, the SSAC
may recommend to the selecting official that no award be made or
that the contracting officer enter into negotiations with the sole
offeror to obtain the best possible service and product for the
Government.
[[Page 42912]]
3. Statement of Work (SOW). The SOW should be written to have
the CE contractor perform as many of the publishing and distribution
functions as practical to generate maximum savings to the Department
of Defense. In so doing, care must be taken to balance Government
requirements with a realistic view of the advertising revenue
potential so as to achieve a contract that is commercially viable.
The command's internal information needs shall be paramount. Some of
the key issues that shall be addressed in the SOW follow:
a. A general description of the scope of the proposed contract
including the name and nature of the publication involved; for
example, weekly newspaper, monthly magazine, annual guide and
installation map. Normally, guides and installation maps are
included in the same contract.
b. A description of editorial content to be carried; e.g., news,
features, supplements, and factual information, along with
provisions addressing the possible inclusion of contractor-furnished
advertising supplements for newspapers, provided any such supplement
shall have the prior approval of the commander.
c. A description of the rules for the inclusion of advertising
in the publication, substantially as follows: ``The contractor
agrees not to include in the publication any advertising of the
following types: (1) paid political advertisements for a candidate,
party, or which advocate a particular position on a political issue,
including advertisements advocating a position on any proposed DoD
policy or policy under review, or which advocate lobbying elected
officials on a specific issue; (2) advertisements for any
establishment declared ``off limits'' by the command; (3)
advertisements that are contrary to law or to DoD or Military
Service regulations or that in the government's opinion pose a
danger or detriment to DoD personnel or their family members, or
that interfere with the command or installation missions; (4)
advertisements for bingo games or lotteries conducted by a
commercial organization whose primary business is conducting
lotteries; (5) (other restrictions deemed appropriate by the
Service/command, if any.)'' Additionally, the contract will contain
provisions which: (1) specify the annual average advertising-to-
editorial ratio for newspapers and magazines; (2) state that the
commander's representative shall have the authority to specify
newspaper advertising layout when required to enhance
communication's effectiveness of the publication; and (3) which
requires the contractor to notify advertisers of the requirements in
Sec. 247.4(i) and Sec. 247.4(j).
d. A provision substantially as follows: ``The contractor agrees
not to enter into any exclusive advertising agreement with any firm,
broker, or individual for the purpose of selling advertising
associated with this contract.''
e. A description of the CE contractor's responsibilities for
distribution of the publication. This provision should address such
matters as contractor furnishing of news racks along with contractor
responsibility for maintenance of these racks.
f. A description of contractor-owned and/or contractor-furnished
equipment such as text editing, copy terminals, and modems
determined to be required to coordinate layout and ensure that the
preparation of editorial material is performed in such a way as to
enhance the efficiency and effectiveness of the publication process.
g. A description of contractor-furnished editorial support
services determined to be required. Such description must be in
terms of the end product required; e.g., photography service and/or
writer/reporter services, and not as a requirement to make available
certain contractor personnel. In day-to-day performance and
administration of the CE contract, contractor personnel performing
such support services shall not be treated in any way as though they
are Government employees.
h. A provision that the use, where economically feasible, of
recycled paper for internal products will be a consideration for
awarding the contract, as stated in Sec. 247.6 (e).
i. SOW's and RFP's for CE newspapers shall specify standard
newsprint, recyclable, subject to requirements of applicable laws
and regulations.
j. For CE magazines, a provision requiring the contractor to
provide a bulk number of copies of each printing to the Government
Printing Office (GPO) for distribution to Federal Depository
Libraries. The number of copies to be provided will be determined on
the number of libraries desiring to subscribe to the publication.
The number could be a maximum of 1,400, but has historically
averaged approximately 500 to 600 copies for military magazines. The
contractor would be required to contact GPO to initiate this
procedure at (202)512-1071.
4. Contract provisions. The CE concept is based on an exception
to the Government Printing and Binding Regulations \4\ published by
the Congressional Joint Committee on Printing. While CE contracts
are not subject to the FAR (48 CFR chapter I) or the DFARS (48 CFR
chapter II), the FAR contains many clauses that are useful in
protecting the interests of the Government. The following clauses
may be helpful in obtaining the best possible CE publication:
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\4\ Copies may be obtained, at cost, from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402.
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a. Status of FAR clause. To clarify the status of FAR clauses
appearing in CE contracts, the following clause shall be included in
all new CE contracts:
``The (name of DoD installation/unit/organization) is an element
of the United States Government. This agreement is a United States
Government contract authorized under the provisions of DoD
Instruction 5120.4 \5\ as an exception to the Government Printing
and Binding Regulations published by the Congressional Joint
Committee on Printing. Although this contract is not subject to the
Federal Acquisition Regulation (FAR) or the Defense FAR Supplement
(DFARS), FAR clauses useful in protecting the interests of the
Government and implementing those provisions required by law are
included in this contract.''
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\5\ See footnote 1 to section G.3. of this appendix.
---------------------------------------------------------------------------
b. Option clause. Insert a clause substantially the same as the
following to extend the term of the CE publisher contract:
(1) ``The Government may extend the term of this contract by
written notice to the contractor within [insert in the clause the
period of time in which the contracting officer has to exercise the
option]; provided that the Government shall give the contractor a
preliminary written notice of its intent to exercise the option at
least 60 days before the contract expires. The preliminary notice
does not commit the government to exercise the option.'' In the case
of base closure or realignment the publisher has the right to
request a renegotiation of the contract.
(2) ``If the Government exercises this option, the extended
contract shall be considered to include this option provision.''
(3) ``The total duration of this contract, including the
exercise of any options under this clause, shall not exceed 6
years.''
c. Default clause. Insert the following clause in solicitations
and contracts:
(1) ``The Government may, by written notice of default to the
contractor, terminate this contract in whole or in part if the
contractor fails to:
(a) Deliver the CE publications in the quantities required or to
perform the services within the time specified in this contract or
any extension;
(b) Make progress, so as to endanger performance of this
contract;
(c) Perform any of the other provisions of this contract.''
(2) ``If the Government terminates this contract in whole or in
part, it may acquire, under the terms and in the manner the
contracting officer considers appropriate, supplies or services
similar to those terminated. However, the contractor shall continue
the work not terminated.''
(3) ``The rights and remedies of the Government in this clause
are in addition to any other rights and remedies provided by law or
under this contract.''
d. Termination for convenience of the Government. Insert the
following clause in solicitations and contracts:
``The contracting officer, by written notice, may terminate this
contract, in whole or in part if the services contracted for are no
longer required by the Government, or when it is in the Government's
interest, such as with installation closures. Any such termination
shall be at no cost to the Government.'' The Government will use its
best efforts to mitigate financial hardship on the publisher.
5. Term of contract. CE contracts may be entered into for an
initial period of up to 2 years, and may contain options to extend
the contract for one or more additional periods of 1 or 2 years
duration. The total period of the contract, including options, shall
not exceed 6 years, after which the contract must be recompeted.
6. Exercise of options. Under normal circumstances, when the
contractor is performing satisfactorily, options for additional
periods of performance should be exercised. However, the exercise of
the option is the exclusive right of the Government.
7. Modification of the contract. Any changes to the SOW or other
terms and
[[Page 42913]]
conditions of the contract shall be made by written contract
modification signed by both parties.
8. SSAC. The commander shall appoint an SSAC. The committee
shall participate in the development of the Source Selection Plan
(SSP) before the solicitation of proposals, evaluate proposals, and
recommend a source to the selecting official. Since cost is not a
factor in the evaluation, award will be based on technical
proposals, the offeror's experience and/or qualifications, and past
performance.
a. The SSAC shall consist of a minimum of five voting members: a
chairperson, who shall be a senior member of the command; senior
representatives from public affairs and printing; and a minimum of
two other functional specialists with skills relevant to the
selection process. Each SSAC shall have non-voting legal and
contracting advisors to assist in the selection process.
b. In arriving at its recommendations, the SSAC shall follow the
SSP and avail itself of all relevant information, including the
proposals submitted, independently derived data regarding offerors'
performance records, the results of on-site surveys of offerors'
facilities, where feasible, and in appropriate cases, personal
presentations by offerors.
c. The work of the SSAC must be coordinated with the contracting
officer to ensure that the process is objective and fair. All
communications between the offerors and the Government shall be
through the contracting officer. No member of the SSAC or the
selecting official shall communicate directly with any offeror
regarding the source selection.
d. In cases where a losing competitor requests a debriefing from
the contracting officer, members of the SSAC may be called upon to
participate so as to give the losing competitor the most thorough
explanation practical as to why its proposal was not successful. No
information regarding competitors' proposals shall be discussed with
the unsuccessful offerors during debriefings, discussions, or
negotiations.
9. SSP. A SSP (see sample SSP at attachment 1 to this Appendix)
must be developed early in the planning process to serve as a guide
for the personnel involved and ensure a fair and objective process
and a successful outcome. The contracting officer is primarily
responsible for development of the SSP, in coordination with the PAO
and other members of the SSAC. Ideally, the SSP should be completed
and approved prior to issuance of the solicitation; it must be
completed and approved before the receipt of proposals.
10. Evaluation criteria and proposal requirements. The
solicitation must specify, in relative order of importance, the
factors the Government will consider in selecting the most
advantageous proposal. In addition, the solicitation must specify
the types of information the proposal must contain to be properly
evaluated. These two aspects of the solicitation must closely
parallel one another. The contracting officer is primarily
responsible for development of these two solicitation provisions, in
coordination with the PAO, legal counsel, and members of the SSAC.
a. Evaluation criteria for award. Drawing upon the SSP, this
feature of the solicitation must advise offerors what factors the
Government will consider in evaluating proposals and the relative
importance of each factor. The sample SSP (attachment 1 to this
appendix) provides an example of criteria that might be used. Note
that under the ``Services and/or Items Offered'' factor, paragraph
E.2.b. of attachment 1 to this appendix, it is necessary to list and
indicate the relative importance of services and/or items above the
minimum requirements of the SOW that the command would consider
desirable and that, if offered, will enhance the offeror's
evaluation standing. The offer of services and/or items not listed
in the evaluation criteria shall not be considered in the evaluation
of proposals, but may be accepted in the contract award if deemed
valuable to the Government, PROVIDED the service and/or item
involved is directly related to producing the publication and not in
violation of any other statute or regulation. Examples of items that
cannot be considered during the evaluation process are; press kits,
laminated maps, economic development reports, or other separate
publications not an integral part of the CE publication.
b. Proposal requirements. This provision of the solicitation
must describe the specific and general types of information
necessary to be submitted as part of the proposal to be evaluated.
Offerors shall be notified that unnecessarily elaborate proposals
are not desired.
Attachment 1 to Appendix B to Part 247--SSP
A. Introduction
1. The objectives of this plan are:
a. To ensure an impartial, equitable, and thorough evaluation of
all offerors' proposals in accordance with the evaluation criteria
presented in the request for proposals (RFP).
b. To ensure that the contracting officer is provided technical
evaluation findings of the SSAC in such a manner that selection of
the offer most advantageous to the Government is ensured.
c. To document clearly and thoroughly all aspects of the
evaluation and decision process to provide effective debriefings to
unsuccessful offerors, to respond to legal challenges to the
selection, and to ensure adherence to evaluation criteria.
2. This plan will be used to select a CE contractor for
publication of the ____________________ newspaper (CE guide,
magazine, or installation map) and will:
a. Give each SSAC member a clear understanding of his or her
responsibilities as well as a complete overview of the evaluation
process.
b. Establish a well-balanced evaluation structure, equitable and
uniform scoring procedures, and a thorough and accurate appraisal of
all considerations pertinent to the negotiated contracting process.
c. Provide the selecting official with meaningful findings that
are clearly presented and founded on the collective, independent
judgment of technical and managerial experts.
d. Ensure identification and selection of a contractor whose
final proposal offers optimum satisfaction of the Government's
technical and managerial requirements as expressed in the RFP.
e. Serve as part of the official record for the evaluation
process.
B. Organization and Staffing
1. The SSAC will consist of the Chairperson and a minimum of
four other voting committee members plus the non-voting advisors to
the SSAC.
2. The SSAC committee members are:
------------------------------------------------------------------------
Name Position
------------------------------------------------------------------------
Chairperson
Member
Member
Member
Member
Legal
Advisor \1\
Contract
Advisor \1\
------------------------------------------------------------------------
\1\ Non-voting members.
C. Responsibilities
1. Selecting Official:
a. Approves the SSP.
b. Reviews the evaluation and findings of the SSAC.
c. Considers the SSAC's recommendation of award.
d. Selects the successful offeror.
2. Chairperson of the Source Selection Advisory Committee (C/
SSAC):
a. Reviews the SSP.
b. Approves membership of the SSAC.
c. Analyzes the evaluation and findings of the SSAC and applies
weights to the evaluation results.
d. Approves the SSAC report for submission to the selecting
official.
3. Contracting Officer:
a. Is responsible for the proper and efficient conduct of the
entire source selection process encompassing solicitation,
evaluation, selection, and contract award.
b. Provides SSAC and the selecting official with guidance and
instructions to conduct the evaluation and selection process.
c. Receives proposals submitted and makes them available to the
SSAC, taking necessary precautions to ensure against premature or
unauthorized disclosure of source selection information.
4. SSAC members shall:
a. Familiarize themselves with the RFP and SSP.
b. Provide a fair and impartial review and evaluation of each
proposal against the solicitation requirements and evaluation
criteria.
c. Provide written documentation substantiating their
evaluations to include strengths, weaknesses, and any deficiencies
of each proposal.
5. Legal advisor:
a. Reviews RFP and SSP for form and legality.
b. Advises the SSAC members of their duties and
responsibilities, regarding procurement integrity issues and
confidentiality requirements.
c. Participate in SSAC meetings and provide legal advice as
required.
[[Page 42914]]
d. Provides legal review of all documents supporting the
selection decision to ensure legal sufficiency and consistency with
the evaluation criteria in the RFP and SSP.
e. Advises the selecting official on the legality of the
selection decision.
D. Administrative Instructions
1. Evaluation overview. The advisory committee will operate with
maximum flexibility. Collective discussion by evaluators at
committee meetings of their evaluation findings is permitted in the
interchange of viewpoints regarding strengths, weaknesses, and
deficiencies noted in the proposals relating to evaluation items.
Evaluators will not suggest or disclose numerical scores or other
information regarding the relative standing of offerors outside of
committee meetings.
2. Evaluation procedure. The evaluation of offers is based on
good judgment and a thorough knowledge of the guidelines and
criteria applicable to each evaluation factor.
a. Numerical scoring is merely reflective of the composite
findings of the SSAC. The evaluation scoring system is used as a
tool to assist the Chairperson of the SSAC in determining the
proposal most advantageous to the Government.
b. The most important documents supporting the contract award
will be the findings, conclusions, and reports of the SSAC.
3. Safeguarding data. The sensitivity of the proceedings and
documentation require stringent and special safeguards throughout
the evaluation process:
a. Inadvertent release of information could be a source of
considerable misunderstanding and embarrassment to the Government.
It is imperative, therefore, for all members of the SSAC to avoid
any unauthorized disclosures of information pertaining to this
evaluation. Evaluation participants will observe the following
rules:
(1) All offeror and evaluation materials will be secured when
not in use (i.e., during breaks, lunch, and at the end of the day).
(2) All attempted communications by offeror's representatives
shall be directed to the contracting officer. No communications
between members of the SSAC or the selecting official and offerors
regarding the contract award or evaluation is permitted except when
called upon under the provisions of paragraph J.8.d, of Appendix B
to this part.
(3) Neither SSAC members or the selecting official shall
disclose anything pertaining to the source selection process to any
offeror except as authorized by the contracting officer.
(4) Neither SSAC members or the selecting official shall discuss
the substantive issues of the evaluation with any unauthorized
individual, even after award of the contract.
E. Technical Evaluation Procedures
1. Evaluation process. Proposals will be evaluated based on the
following criteria as indicated in Section M of the solicitation:
The evaluation worksheet (attachment 2 to this appendix) shall be
used to score the technical factors. Using the technical evaluation
worksheet, each member of the SSAC will independently review each
proposal and assign an appropriate number of points to each factor
being considered. Point scores for each factor will range from ``0''
to ``5'' based on the committee member's evaluation of the proposal.
Upon completion of individual evaluations, the group will meet in
committee with the Chairperson and arrive at a single numeric score
for each factor in the proposal.
2. Criteria. An example of applicable evaluation criteria and
their relative order of importance are listed below in paragraphs
E.2. a. through d. of this appendix. Criteria and weights are
provided as an example only. The SSAC must determine its own
weighting factors tailored to meet the needs of the particular CE
publication and describe the relative weights assigned in the RFP;
e.g., ``Evaluation factors are listed in descending order of
importance; criteria #1 is twice as important as criteria #2,'' etc.
a. Technical and production capability. Scores will range from
``0'' (unacceptable), to ``5'' (exhibits state-of-the-art, award
winning, or clearly superior technical ability to produce the
required newspaper, magazine, guide, or installation map). Factors
to be considered for newspaper contracts include: level of
automation; compatibility of automation with existing PAO automation
(unless other automation is provided); printing capability;
production equipment; physical plant (capabilities); and driving
distance to the plant. Similar factors may be considered for
magazines, guides and installation maps.
b. Services and/or items offered. Scores will range from ``0''
(unacceptable), to ``5'' (the offer of equipment, such as automation
equipment; or services, such as editorial or photographic services
as set forth in the contract solicitation that will greatly enhance
the newspaper and/or its production). Factors to be considered for
newspapers include: offer of automation equipment and the quality
and amount of equipment offered; the quality and amount of services
offered; the usefulness of the services and/or items to the public
affairs office in enhancing the newspaper; the impact of the
services and/or items on other parts of the contract. Similar
factors may be considered for magazines, guides and installation
maps. The offer of equipment or services not specifically related to
producing the publication will not result in the assignment of a
higher score.
c. Past performance record. Scores will range from ``0'' (no
experience in newspaper, magazine, guide, or installation map
publishing and/or unsatisfactory, previous performance), to ``5''
(long-term, highly successful experience publishing similar
newspapers, magazines, guides, or installation maps). Factors to be
considered include: demonstrated ability to successfully produce a
CE or similar publication; demonstrated printing ability (types of
printing, history of newspaper, magazine, guide, or installation map
printing); demonstrated success in contract performance in a timely
and responsive manner; demonstrated capability to sell advertising
and successfully recoup publication costs.
d. Management approach. Scores will range from ``0'' (approach
unacceptable), to ``5'' (proposal demonstrates a sound and
innovative approach to interfacing with the PAO and managing the CE
publication operation). Factors to be considered include: The
offeror's proposed approach to:
(1) Interfacing with the PAO staff.
(2) Controlling the quality and timeliness of the finished
product.
(3) Sale of ads of the type that enhance the publication's image
in the community and with the readership at large.
(4) Ensuring that contractor's personnel are properly supervised
and managed.
3. Weighting factors. Points will be assigned to the final score
of each factor in a proposal as determined by multiplying the score
assigned (e.g., ``0,'' ``1,'' ``2,'' ``3,'' ``4,'' or ``5'') by the
relative weight of the individual criterion as indicated:
------------------------------------------------------------------------
Relative
Factor weight Maximum
(percent) points
------------------------------------------------------------------------
CRITERION 1......................................... 40 200
CRITERION 2......................................... 30 150
CRITERION 3......................................... 20 100
CRITERION 4......................................... 10 50
......... 500
------------------------------------------------------------------------
(EXAMPLE ONLY):
CRITERION 1: Score 5 (5 x 40), Total Points................ 200
CRITERION 1: Score 4 (4 x 30), Total Points................ 120
CRITERION 1: Score 3 (3 x 20), Total Points................ 60
CRITERION 1: Score 2 (2 x 10), Total Points................ 20
--------
400
4. Report of findings and recommendations. After the SSAC has
completed final evaluation of proposals and all weighting has been
completed, the committee will prepare a written report of its
findings and recommendations, setting forth the consensus of the
committee and its composite scores (Sample at attachment 3 to this
appendix). The Chairperson will sign the report to confirm its
accuracy and his agreement with the recommendation. All copies of
proposals and evaluation worksheets will be returned to the
contracting officer.
Attachment 2 to Appendix B to Part 247--Sample Evaluation Worksheet
CONTRACTOR-------------------------------------------------------------
EVALUATOR--------------------------------------------------------------
DATE-------------------------------------------------------------------
EVALUATION CRITERIA AND SCORES (RANGE 0-5 POINTS FOR EACH)
1. Technical and production
capability:----------------------------------------------------------
2. Services and items
offered:-------------------------------------------------------------
3. Past performance
record:--------------------------------------------------------------
4. Management
approach:------------------------------------------------------------
[[Page 42915]]
NARRATIVE DISCUSSION: \1\
---------------------------------------------------------------------------
(\1\ Discussions of strengths, weaknesses, and deficiencies
should reference the specific evaluation factor involved to ensure
that proposals are evaluated only against the criterion set forth in
the RFP, to facilitate debriefings, and to provide an effective
defense to any challenges regarding the legality of the selection
process.)
---------------------------------------------------------------------------
Strengths--------------------------------------------------------------
Weaknesses-------------------------------------------------------------
Deficiencies-----------------------------------------------------------
Attachment 3 to Appendix B to Part 247--Sample Memorandum for Selecting
Official
SUBJECT: Evaluation of Proposals
RFP No.--------------------------------------------------------------
1. All proposals received in response to subject RFP have been
evaluated by the Source Selection Advisory Committee (SSAC). The
results and comments are listed below.
a. Offeror's proposals were rated as follows:
Offeror Name Numerical Score
b. Summary Narrative Comments.
(This section of the report shall be a summary of the individual
strengths and weaknesses in each proposal, along with any
deficiencies that are susceptible to being cured through written or
oral discussions with the offeror, as noted by the SSC evaluators.
This summary should be supported by detailed narratives contained on
the individual evaluator's worksheets.)
2. Recommendation.
----------------------------------------------------------------------
Chairperson, SSAC
Appendix C to Part 247--Mailing of DoD Newspapers, Magazines, CE
Guides, and Installation Maps; Sales and Distribution of Non-DoD
Publications
A. Policy. It is DoD policy that mailing costs shall be kept at
a minimum consistent with timeliness and applicable postal
regulations. (See DoD Instruction 4525.7\1\ and DoD 4525.8-M.\2\
Responsible officials shall consult with appropriate postal
authorities to obtain resolution of specific problems.
---------------------------------------------------------------------------
\1\ Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
\2\ See footnote 1 to section A. of this appendix.
---------------------------------------------------------------------------
B. Definition. DoD appropriated fund postage includes all means
of paying postage using funds appropriated for the Department of
Defense. These means include meter imprints and stamps, permit
imprints, postage stamps, and other means authorized by the U.S.
Postal Service.
C. Use of appropriated fund postage.
1. DoD appropriated fund postage shall be used only for:
a. Mailing copies to satisfy mandatory distribution
requirements.
b. Mailing copies to other public affairs offices for
administrative purposes.
c. Mailing copies to headquarters in the chain of command.
d. Bulk mailings of DoD newspapers and magazines to subordinate
units for distribution to members of the units.
e. Mailing information copies to other U.S. Government Agencies,
Members of Congress, libraries, hospitals, schools, and
depositories.
f. Mailing of an individual copy of a DoD newspaper, magazine,
or CE publication in response to an unsolicited request from a
private person, firm, or organization, if such response is in the
best interest of the DoD Component or its subordinate levels of
command.
g. Mailing copies of DoD newspapers, magazines, guides, or
installation maps to incoming DoD personnel and their families to
orient them to their new command, installation, and community.
2. DoD appropriated fund postage shall not be used for mailing:
a. To the general readership of DoD newspapers, magazines,
guides, and installation maps, unless specifically excepted in this
part.
b. By a CE publisher.
c. CE publications other than newspapers and magazines in bulk.
(See paragraph C.1.d. of this section).
3. Generally, DoD newspapers, magazines, and CE publications
shall be mailed as second class Requester Publication Rate, third-
class bulk, or third- or fourth-class mail.
D. Legal prohibitions. Compliance with 18 U.S.C., 1302 and 1307
is mandatory. 18 USC Section 1302 prohibits the mailing of
publications containing advertisements of any type of lottery or
scheme that is based on lot or chance. 18 USC 1307 authorizes
exceptions pertaining to authorized State lotteries, lotteries
conducted by a not-for-profit organization or a governmental
organization, or conducted as a promotional activity by a commercial
organization and clearly occasional and ancillary to the primary
business of that organization. An exception also pertains to any
gaming conducted by an Indian tribe under 25 U.S.C. 2720. Lottery is
defined as containing the following three elements:
1. Prize (whatever items of value are offered in the particular
game).
2. Chance (random selection of numbers to produce a winning
combination).
3. Consideration (requirement to pay a fee to play).
E. Review of mailing and distribution effectiveness.
1. Mailing and distribution lists shall be reviewed annually to
determine distribution effectiveness and continuing need of each
recipient to receive the publication.
2. Distribution techniques, target audiences, readers-per-copy
ratios, and use of the U.S. Postal Service to ensure the most
economical use of mail services consistent with timeliness shall be
revalidated annually.
F. Non-DoD publications. A commander shall afford reputable
distributors of other publications the opportunity to sell or give
away publications at the activity he or she commands in accordance
with DoD Directive 1325.6.\3\ Such publications shall not be
distributed through official channels. These publications may be
made available through subscription paid for by the recipient or
placed in specific general use areas designated by the commander,
such as the foyers of open messes or exchanges. They will be placed
only in stands or racks provided by the responsible publisher. The
responsible publisher will maintain the stand or rack to present a
neat and orderly appearance. Subscriptions paid for by a recipient
may be home-delivered by the commercial distributor in installation
residential areas.
---------------------------------------------------------------------------
\3\ See footnote 1 to section A. of this appendix.
---------------------------------------------------------------------------
Appendix D to Part 247-AFIS Print Media Directorate
A. General. The Print Media Directorate (PMD), an element of
AFIS, develops, publishes, and distributes a variety of print media
products that support DoD-wide programs and policies for targeted
audiences throughout the DoD community. Products include the
following:
1. American Forces Press Service, news and feature articles,
photographs, and art targeted principally to editors of DoD
newspapers.
2. DEFENSE magazine, a bimonthly magazine featuring articles
authored by senior military and civilian officials on DoD programs
and policies. An annual almanac edition highlights DoD's
organization and statistical information.
3. Defense Billboard, a monthly poster featuring topics of
particular interest to junior Military Service members, but
applicable to general DoD audiences.
4. Pamphlets, booklets, and other posters covering a variety of
joint interest information topics.
5. PMD posts the Press Service on Military Service computer
bulletin boards and internet world wide web sites. PAOs and editors
may download text and art in a form readily usable for word
processing or desktop publishing. All other PMD publications should
be requisitioned through the Military Service's or organization's
publications distribution system.
6. Additional information may be obtained on the internet using
the AFIS Uniform Resource Locator: http://www.dtic.mil/defenselink/
afis/.
B. Use of materials published by print media directorate. With
the exception of copyrighted matter, all materials published by PMD
may be reproduced or adapted for use by DoD newspaper and magazine
editors as appropriate. When PMD material is edited or revised,
accuracy and conformance to DoD policy and accepted standards of
good taste will be maintained. Due to the policy-oriented nature of
DEFENSE magazine contents, particular care shall be taken to
preserve the original context, tone, and meaning of any material
adapted, revised, or edited from this publication.
C. Eligible activities. The following activities are eligible to
receive the above listed PMD products:
1. All authorized DoD newspapers and magazines.
2. Headquarters of the DoD Components and their subordinate
commands.
3. Proponent offices of DoD periodicals published by the DoD
Components.
4. Armed Forces Radio and Television Service networks and
outlets.
[[Page 42916]]
5. Isolated commands and detachments at which DoD newspapers are
not readily available.
Appendix E to Part 247--DoD Command Newspaper and Magazine Review
System
A. Purpose. The purpose of the DoD command newspaper and
magazine review system is to assist commanders in establishing and
maintaining cost-effective internal communications essential to
mission accomplishment. The system also enables internal information
managers to assess the cost and effective use of resources devoted
to command newspapers and to provide requested reports.
B. Policy. DoD newspapers and magazines shall be reviewed and
reported biennially. The review process is not intended to replace
day-to-day quality assurance procedures or established critique
programs.
C. Review criteria. Each newspaper and magazine shall be
evaluated on the basis of mission essentiality, communication
effectiveness, cost-effectiveness, and compliance with applicable
regulations.
D. Reporting requirements.
1. The DoD Components (less the Military Departments) shall
forward, by January 31 of each even numbered year, the information
indicated at attachment 1 to this Appendix for each newspaper
published to: Director, American Forces Information Service, ATTN:
Print Media Plans and Policy, 601 North Fairfax Street, Alexandria,
VA 22314-2007.
2. No later than April 15 of each even-numbered year, the
Secretary (or designee) of each Military Department shall forward to
the address above a report of the Military Department's review of
newspapers and magazines. This report shall include summary data on
total number of newspapers and magazines, along with a listing of
the information indicated at attachment 1 to this appendix.
3. One information copy of each issue of all DoD newspapers and
magazines shall be forwarded on publication date to the address in
paragraph H.1. of this appendix.
4. Information copies of CE contracts shall be forwarded to the
address in paragraph H.1. of this appendix, upon request.
5. Administrative Instructions shall be issued by the Director,
AFIS, for the annual review and reporting of newspapers and
magazines.
Attachment 1 to Appendix E to Part 247--Newspaper and Magazine
Reporting Data
As required by section H. of this appendix, the following
information shall be provided biennially regarding newspapers and
magazines:
A. Name of newspaper or magazine.
B. Publishing command and mailing address.
C. Printing arrangement:
1. Government equipment.
2. Government contract with commercial printer.
3. CE contract with commercial publisher (provide name, mailing
address, and phone number of commercial publisher).
D. Frequency and number of issues per year.
E. Number of copies printed and estimated readership.
F. Paper size (metro, tabloid, or magazine format).
Dated: August 5, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-21091 Filed 8-8-97; 8:45 am]
BILLING CODE 5000-04-P
