### July 20, 2005

### AGAR ADVISORY

##### UNITED STATES DEPARTMENT OF AGRICULTURE

##### OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

######## PROCUREMENT POLICY DIVISION

**AGAR ADVISORY NO. 77**

**Contracting for Prepackaged News Stories**

**INTRODUCTION**: This Agriculture Acquisition Regulation (AGAR)
Advisory requires contracting officers acquiring prepackaged news
stories to ensure that USDA is clearly identified as the source of the
stories.

**SUMMARY:** The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13)
requires that any agency producing a prepackaged news story include a
clear notification within the text or audio of the story that it was
prepared or funded by the agency. Other limitations on the content of
news items or articles are imposed by appropriations laws and by
Departmental Regulations (DR) issued by the Office of Communications.
Contracting officers should be aware of these restrictions when
processing requests to contract for information services.

**DEFINITION:** [Prepackaged News Story]{.underline} is a complete,
ready to use news item, article, audio news segment, or video news
segment designed to be indistinguishable from a news segment or article
produced by an independent author or news organization.

**REFERENCES:** Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13,
sec. 6076

Transportation, Treasury, Independent Agencies, and General Government
Appropriations Act, 2005 (Division H of Public Law 108-447), secs. 621,
624

Office of Management and Budget M-05-10, Memorandum for Heads of
Departments and Agencies, Use of Government Funds for Video News
Releases, March 11, 2005

Comptroller General Decision B-302710, May 10, 2004, Department of
Health and Human Services, Centers for Medicare and Medicaid Services --
Video News Releases

Comptroller General Decision B-303495, January 4, 2005, Office of
National Drug Control Policy Prepackaged News Stories

DR 1420-001, Publications Review/Clearance Policy, February 7, 2003

DR 1440-002, Communications Coordination and Review Policy, February 7,
2003

DR 1490-001, Broadcast Media and Technology Policy, February 7, 2003

**SPECIFIC ISSUES:**

USDA agencies generally are prohibited by appropriation legislation from
using appropriated funds for publicity or propaganda. Sections 621 and
624 of the Transportation, Treasury, Independent Agencies, and General
Government Appropriations Act prohibit Federal agencies from using
appropriated funds (1) for publicity or propaganda purposes, or (2) for
any publication or, radio, television, or film presentation designed to
support or defeat pending legislation (presentations to Congress are
excepted). Similar restrictions are included in DRs 1410-001, 1440-002,
and 1490-001.

The General Accountability Office (GAO) had made it clear in decisions
B-302710 and B-303495 that it considers prepackaged news stories
prepared by or for a Federal agency to be "covert" propaganda if the
stories do not clearly indicate that the Federal agency sponsored and
prepared or paid for the stories. Section 6076 of Public Law 109-13
requires that any agency producing a prepackaged news story include a
clear notification within the text or audio of the story that it was
prepared or funded by the agency.

USDA contracting officers shall ensure that all procurement requests for
services involving writing, publishing, or producing articles, news
items, new stories, pamphlets, logos, print media, exhibits, scripts for
radio or television, scripts for film presentations, radio broadcasts,
television broadcasts, films, or filmed material have been reviewed and
approved by the Office of Communications or by agency information
officials if required by DRs in the DR 1400 series (see References,
above).

USDA contracting officers shall ensure that statements of work for the
creation, preparation, production, or distribution of prepackaged news
stories require the contractor to clearly state in the text or scripts
of the story that the story was prepared and funded by USDA.

USDA contracting officer's representatives shall ensure, during review
of any prepackaged news story prepared for USDA by a contractor, that it
is clear that the story was prepared at the request of USDA and was
funded by USDA.

####### If you have questions or comments about this advisory, please contact Joseph Daragan by phone ((202) 720-5729), fax at ((202) 720-8972), or email (<joe.daragan@usda.gov>).

This AGAR advisory will appear on the USDA World Wide Web site at the
following URL: <http://www.usda.gov/procurement/policy/advisories.html>.

**EFFECTIVE DATE**: This AGAR Advisory is effective from July 20, 2005
until cancellation.

**\[END\]**