Department of Defense Newspapers, Magazines and Civilian Enterprise Publications

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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: Proposed 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.

DATE: Written comments on this proposed rule must be received by April

4, 1997.

ADDRESSES: Forward comments to American Forces Information Service,

Attn: Print Media Policy, 601 N. Fairfax St., Alexandria, Virginia

22314-2007.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Colonel Frank Theising, USA, (703) 428-0628.

SUPPLEMENTARY INFORMATION:

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

y; 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 1980 (44 U.S.C. 3501-3520).

List of Subjects in 32 CFR Part 247

Defense communications, Government publications, Newspapers and

magazines.

Accordingly, 32 CFR part 247 is proposed to be 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.

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 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.

(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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es the Coast Guard

when operating as a Military Service in the Navy.

(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

rientation 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.

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.

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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).

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 or 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.

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 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.

l 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.

ited 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.

orial 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.''

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, or issues. DoD CE publications shall

not carry paid political advertisements for a candidate, party, or

which advocate a particular position on a political 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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tories 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 or solicitation between or among agencies. To avoid any

appearance of endorsement, features and news coverage will discuss the

campaign in general and not address specific agencies within the CFC.

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\6\ See footnote 1 to Sec. 247.1

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on or

tallies or solicitation between or among agencies. To avoid any

appearance of endorsement, features and news coverage will discuss the

campaign in general and not address specific agencies within the CFC.

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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 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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nd 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 appropriate 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.

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

Periodicals Committee composed of representatives of the Military

Departments to coordinate DoD command or installation newspaper matters

and flagship periodicals matters, respectively.

(7) Provide a press service for joint-Service news and information

for use by authorized DoD publication editors.

assistance, as

appropriate.

(6) Sponsor a DoD Interservice Newspaper Committee and a Flagship

Periodicals Committee composed of representatives of the Military

Departments to coordinate DoD command or installation newspaper matters

and flagship periodicals 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.

, 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 libel,

photographic image alteration, copyright, classification of

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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alteration, copyright, classification of

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 and feature treatment 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

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

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.

and 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.

he

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.

uirements 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

appropriate funds. When CE magazines are approved, provisions in this

part regarding advertising and contracting for CE publications apply to

CE magazines. Magazines must:

ew 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

appropriate 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(B1) 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.\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 S&S is not feasible because of distance or other

factors, Funded newspapers may be printed by other means. These are

evaluated on a case-by-case basis with the cognizant DPS office.

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omplished by the contracting command. Overseas,

Funded newspapers are authorized to be printed under contract with the

S&S. Where printing S&S is not feasible because of distance or other

factors, Funded newspapers may be printed by other means. These are

evaluated 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 section

Sec. 247.4(ii).

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

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 public affairs

as the office of primary interest.

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 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

employment by or gratuities from GPO-contracted printers under contract

to print funded publications. To avoid a conflict of

y 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

employment by or gratuities from GPO-contracted printers under contract

to print funded publications. To avoid a conflict of

interest, employment of spouses and minor children of DoD personnel by

a contract printer shall be in accordance with the DoD 5500.7-R.\2\

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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)

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

nd 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

remain 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

cation functions performed by the CE publisher. All costs of

these terminals shall be borne by the CE newspaper publishers who shall

remain 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

modifications 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 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

ouse), 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 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

onsibility 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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jectionable 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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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. 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 non-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

rectory/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 involved with CE contracts shall not accept

employment by or gratuities from a CE publisher. To avoid a conflict of

interest, employment of spouses and minor children of DoD personnel by

a contract publisher shall be in accordance with DoD Directive 5500.7-

R.\3\

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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 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

or 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

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.

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

ntial

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. This provision shall specify that the commander's

representative shall have the authority to specify newspaper

advertising layout when required to enhance communications'

effectiveness of the publication and shall require the contractor to

notify advertisers of the requirements in Sec. 247.4(i) and

Sec. 247.4(j). The Military Departments will coordinate a standard set

of 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. Contract provisions shall be formulated to prohibit

the amount of advertising a publisher sells from forcing the

contracting command or installation public affairs staff to produce

editorial content exceeding that required for the command internal

communication mission of the publication.

d

o; however, the

commander may prohibit the distribution of supplemental advertising

deemed excessive. Contract provisions shall be formulated to prohibit

the amount of advertising a publisher sells from forcing the

contracting command or installation public affairs staff to produce

editorial content exceeding that required for the command internal

communication mission of the publication.

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

all

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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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.

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b. Option clause. Insert a clause substantially the same as the

following to extend the term of the CE publisher contract:

those provisions required by law are included in this contract.''

---------------------------------------------------------------------------

\5\ See footnote 1 to section G.3. of this appendix.

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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;

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

ay 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, and decisions not to exercise

the option, or to test the market before option exercise, are within

the contracting officer's discretion working in concert with the PAO

and other command officials.

7. Modification of the contract. Any changes to the SOW or other

terms and 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

rs

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

tation; 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 as 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

vernment, 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

aluation

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

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.

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

ity issues and confidentiality

requirements.

c. Participate in SSAC meetings and provide legal advice as

required.

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).

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 nor the selecting official shall disclose

anything pertaining to the source selection process to any offeror

except as authorize by the contracting officer.

(4) Neither SSAC members nor 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

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

atly 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.

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

points

------------------------------------------------------------------------

Criterion 1............................................. 40% 200

Criterion 2............................................. 30% 150

Criterion 3............................................. 20% 100

Criterion 4............................................. 10% 50

---------------

Total............................................... 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

------

Total........................................................ 400

--------------------------

(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

------

Total........................................................ 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:------------------------------------------------

Narrative Discussion: \1\

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\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.)

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, as noted by the SSC evaluators.

This summary should be supported by detailed narratives contained in

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.

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\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.

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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.

artment 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 U.S.C. Section 1302 prohibits the mailing of publications

containing advertisements of any type of lottery or scheme that is

based on lot or chance. 18 U.S.C

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 U.S.C. Section 1302 prohibits the mailing of publications

containing advertisements of any type of lottery or scheme that is

based on lot or chance. 18 U.S.C. 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

tunity 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.

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\3\ See footnote 1 to section A. of this appendix.

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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 distributed principally to editors of DoD

newspapers.

2. DEFENSE magazine, a bimonthly periodical featuring articles

authored by senior military and civilian officials on DoD programs and

policies. An annual almanac edition highlights DoD's organization.

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 also posts the Press Service on Military Service computer

bulletin boards and internet world wide web sites

hts DoD's organization.

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 also 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 world processing or

desktop publishing. All other PMD publications should be requisitioned

through the Military Service's or organization's publications

distribution system.

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 newspaper and magazines.

2. Headquarters of the DoD Components and their subordinate

commands.

3. Proponent offices of DoD periodicals published by the DoD

Components.

4. AFRTS networks and outlets.

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

roducts:

1. All authorized DoD newspaper and magazines.

2. Headquarters of the DoD Components and their subordinate

commands.

3. Proponent offices of DoD periodicals published by the DoD

Components.

4. AFRTS networks and outlets.

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

ality, 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 (give name, mailing

address, and phone number of commercial publisher).

D. Automation capabilities (desktop publishing, computer bulletin

board, etc.)

E. Frequency and number of issues per year.

F. Number of copies printed and estimated readership.

G

C. Printing arrangement:

1. Government equipment.

2. Government contract with commercial printer.

3. CE contract with commercial publisher (give name, mailing

address, and phone number of commercial publisher).

D. Automation capabilities (desktop publishing, computer bulletin

board, etc.)

E. Frequency and number of issues per year.

F. Number of copies printed and estimated readership.

G. Paper size (metro, tabloid, or magazine/newsletter) and average

number of pages per issue.

H. Size of publication staff, listed as full time, part time, and

contractor-provided.

Dated: January 21, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 97-2079 Filed 1-31-97; 8:45 am]

BILLING CODE 5000-04-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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