[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Rules and Regulations]
[Pages 42905-42916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21091]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 247

[RIN 0790-AG37]


Department of Defense Newspapers, Magazines and Civilian 
Enterprise Publications

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Final rule.

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SUMMARY: This rule revises and provides DoD policy and updates 
procedures to meet changed circumstances for publishing DoD internal 
command information newspapers, magazines and civilian enterprise 
publications. It has minimal impact on some civilian printers who are 
contracted to print the publications.

EFFECTIVE DATE: June 16, 1997.

FOR FURTHER INFORMATION CONTACT: Lieutenant Colonel Wayne White, USA, 
(703) 428-0629.

SUPPLEMENTARY INFORMATION: On February 3, 1997, (62 FR 4947) DoD 
published a proposed rule with public comment period. No comments were 
received.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that 32 CFR part 247 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a sector of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
44)

    It has been certified that 32 CFR part 247 does not impose any 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35).

List of Subjects in 32 CFR Part 247

    Defense communications, Government publications, Newspapers and 
magazines.

    Accordingly, 32 CFR part 247 is revised to read as follows:

PART 247--DEPARTMENT OF DEFENSE NEWSPAPERS, MAGAZINES AND CIVILIAN 
ENTERPRISE PUBLICATIONS

Sec.
247.1  Purpose.
247.2  Applicability.
247.3  Definitions.
247.4  Policy.
247.5  Responsibilities.
247.6  Procedures.
247.7  Information requirements.
Appendix A to part 247-Funded Newspapers and Magazines
Appendix B to part 247-CE Publications
Appendix C to part 247-Mailing of DoD Newspapers, Magazines, CE 
Guides, and Installation Maps; Sales and Distribution of Non-DoD 
Publications
Appendix D to part 247-AFIS Print Media Directorate
Appendix E to part 247-DoD Command Newspaper and Magazine Review 
System

    Authority: 10 U.S.C. 121 and 133.


Sec. 247.1  Purpose.

    This part implements DoD Directive 5122.10 \1\ and implements 
policy, assigns responsibilities, and prescribes procedures concerning 
authorized DoD Appropriated Funded (APF) newspapers and magazines, and 
Civilian Enterprise (CE) newspapers, magazines, guides, and 
installation maps in support of the DoD Internal Information Program.
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    \1\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22121.
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Sec. 247.2.  Applicability.

    This part:
    (a) Applies to the Office of the Secretary of Defense (OSD), the 
Military Departments, the Chairman of the Joint

[[Page 42906]]

Chiefs of Staff, the Combatant Commands, the Defense Agencies, and the 
DoD Field Activities (hereafter referred to collectively as ``the DoD 
Components''). The term ``Military Services,'' as used herein, refers 
to the Army, the Navy, the Air Force, the Marine Corps, and includes 
the Coast Guard when operating as a Military Service in the Navy. The 
term Commander, as used herein, also means Heads of the DoD Components.
    (b) Does not apply to the Stars and Stripes (S&S) newspapers and 
business operations. S&S guidance is provided in DoD Directive 
5122.11.\2\
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    \2\ See footnote 1 to Sec. 247.1.
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    (c) The term Commander, as used in this part, also means Heads of 
the DoD Components.


Sec. 247.3  Definitions.

    Civilian Enterprise (CE) guides and installation maps. Authorized 
publications containing advertising that are prepared and published 
under contract with commercial publishers. The right to circulate the 
advertising in these publications to the DoD readership constitutes 
contractual consideration to pay for these DoD publications. The 
publications become the property of the command, installation, or 
intended recipient upon delivery in accordance with terms of the 
contract. Categories of these publications are:
    (1) Guides. Publications that provide DoD personnel with 
information about the mission of their command; the availability of 
command, installation, or community services; local geography; 
historical background; and other information. These publications may 
include installation telephone directories at the discretion of the 
commander.
    (2) Installation maps. Publications designed for orientation of new 
arrivals or for visitors.
    CE publications. CE newspapers, CE magazines, CE guides and 
installation maps produced commercially under the CE concept.
    DoD newspapers. Authorized, unofficial publications, serving as 
part of the commander's internal information program, that support DoD 
command internal communication requirements. Usually, they are 
distributed weekly or monthly. DoD newspapers contain most, if not all, 
of the following elements to communicate with the intended DoD 
readership: command, military department, and DoD news and features; 
commanders' comments; letters to the editor; editorials; commentaries; 
features; sports; entertainment items; morale, welfare, and recreation 
news and announcements; photography; line art; and installation and 
local community news and announcements. DoD newspapers do not 
necessarily reflect the official views of, or endorsement of content 
by, the Department of Defense.
    (1) CE newspapers. Newspapers published by commercial publishers 
under contract with the DoD Components or their subordinate commands. 
The commander or public affairs office provides oversight and final 
approval authority for the news and editorial content of the paper. 
Authorized news and information sources include the Office of the 
Assistant Secretary of Defense for Public Affairs (OASD(PA)), AFIS, the 
Military Departments, their subordinate levels of command, and other 
Government Agencies. CE contractor personnel may provide material for 
use in the newspaper if approved by the commander or public affairs 
officer (PAO), as the commander's representative. These newspapers 
contain advertising sold by the commercial publisher on the same basis 
as for CE guides and installation maps and may contain supplements or 
inserts. They become the property of the command, installation, or 
intended recipient upon delivery in accordance with terms of the 
contract.
    (2) Funded newspapers. Newspapers published by the DoD Components 
or their subordinate commands using appropriated funds. The editorial 
content of these newspapers is prepared by the internal information 
section of the public affairs staff or other internal sources. Usually, 
these newspapers are printed by the Government Printing Office (GPO) or 
under GPO contract in accordance with Government printing regulations. 
DoD Directive 5330.3 \3\ specifies DPS as the sole DoD conduit to the 
GPO.
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    \3\ See footnote 1 to Sec. 247.1.
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    (3) Overseas Combatant Command newspapers. Newspapers published for 
overseas audiences approved by the Assistant Secretary of Defense for 
Public Affairs (ASD(PA)) to provide world, U.S., and regional news from 
commercial sources, syndicated columns, editorial cartoons, and 
applicable U.S. Government, Department of Defense, Component, and 
subordinate command news and information.
    (4) News bulletins and summaries. Publications of deployed or 
isolated commands and ships compiled from national and international 
news and opinion obtained from authorized sources. News bulletins or 
summaries may be authorized by the next higher level of command when no 
daily English language newspapers are readily available.
    Inserts. A flier, circular, or freestanding advertisement placed 
within the folds of the newspaper. No disclaimer or other labeling is 
required.
    Magazines. Authorized, unofficial publications, serving as part of 
the commander's internal information program. They are produced and 
distributed periodically, usually monthly, and contain information of 
interest to personnel of the publishing DoD component or organization. 
They usually reflect a continuing policy as to purpose, format, and 
content. They are normally non-directive in nature and are published to 
inform, motivate, and improve the performance of the personnel and 
organization. They may be published as funded magazines or under the CE 
concept.
    Option. A unilateral right in a contract by which, for a specified 
time, the Government may elect to acquire additional supplies or 
services called for by the contract, or may elect to extend the term of 
the contract.
    Organizational terms. (1) Command. A unit or units, an 
organization, or an area under the command of one individual. It 
includes organizations headed by senior civilians that require command 
internal information-type media.
    (2) DoD Components. See Sec. 247.2 (a).
    (3) Installation. A DoD facility or ship that serves as the base 
for one or more commands. Media covered by this Part may serve the 
command communication needs of one or several commands located at one 
installation.
    (4) Major command. A designated command such as the Air Mobility 
Command or the Army Forces Command that serves as the headquarters for 
subordinate commands or installations that have the same or related 
missions.
    (5) Subordinate levels. Lower levels of command.
    Publications. As used in this part, ``publications'' refers to DoD 
newspapers, magazines, guides and/or installation maps serving the 
commander's internal information program published in both paper and 
electronic format, including digital printing.
    Supplements. Features, advertising sections, or morale, welfare and 
recreation sections printed with or inserted into newspapers for 
distribution. Supplements must be labeled ``Supplement to the (name of 
newspaper).'' Editorial content in

[[Page 42907]]

supplements is subject to approval by the commander or the PAO as his 
or her agent.


Sec. 247.4  Policy.

    It is DoD policy that:
    (a) A free flow of news and information shall be provided to all 
DoD personnel without censorship or news management. The calculated 
withholding of news unfavorable to the Department of Defense is 
prohibited.
    (b) News coverage and other editorial content in DoD publications 
shall be factual and objective. News and headlines shall be selected 
using the dictates of good taste. Morbid, sensational, or alarming 
details not essential to factual reporting shall be avoided.
    (c) DoD publications shall distinguish between fact and opinion, 
both of which may be part of a news story. When an opinion is 
expressed, the person or source shall be identified. Accuracy and 
balance in coverage are paramount.
    (d) DoD publications shall distinguish between editorials (command 
position) and commentaries (personal opinion) by clearly identifying 
them as such.
    (e) News content in DoD publications shall be based on releases, 
reports, and materials provided by the DoD Components and their 
subordinate levels, DoD newspaper staff members, and other government 
agencies. DoD publications shall credit sources of all material other 
than local, internal sources. This includes, but is not limited to, 
Military Department news sources, American Forces Information Service, 
and command news releases.
    (f) DoD publications may contain articles of local interest to 
installation personnel produced outside official channels (e.g., 
stringers, local organizations), provided that the author's permission 
has been obtained, the source is credited, and they do not otherwise 
violate this part.
    (g) DoD publications normally shall not be authorized the use of 
commercial news and opinion sources, such as Associated Press (AP), 
United Press International (UPI), New York Times, etc., except as 
stated in this paragraph and the following paragraph. The use of such 
sources is beyond the scope of the mission of command or installation 
publications and puts them in direct competition with commercial 
publications. The use of such sources may be authorized for a specific 
DoD newspaper by the cognizant DoD Component only when other sources of 
national and international news and opinion are not available.
    (h) Overseas Combatant Command newspapers published outside the 
United States may purchase or contract for and carry news stories, 
features, syndicated columns, and editorial cartoons from commercial 
services or sources. A balanced selection of commercial news or opinion 
shall appear in the same issue and same page, whenever possible, but in 
any case, over a reasonable time period. Selection of commercial news 
sources, syndicated columns, and editorial cartoons to be purchased or 
contracted for shall be approved by the Commanders. Overseas Combatant 
Command newspapers, news bulletins, and news summaries authorized to 
carry national and world news may include coverage of U.S. political 
campaign news from commercial news sources. Presentation of such 
political campaign news shall be made on a balanced, impartial, and 
nonpartisan basis.
    (i) The masthead of all DoD publications shall contain the 
following disclaimer printed in type no smaller than 6-point: ``This 
(DoD newspaper, magazine, guide or installation map) is an authorized 
publication for members of the Department of Defense. Contents of (name 
of the DoD newspaper/magazine/this guide/this installation map) are not 
necessarily the official views of, or endorsed by, the U.S. Government, 
the Department of Defense, or (the name of the publishing DoD 
Component).''
    (j) The masthead of DoD CE publications shall contain the following 
statements in addition to that contained in paragraph (i) of this 
section:
    (1) ``Published by (name), a private firm in no way connected with 
the (Department of Defense/the U.S. Army/the U.S. Navy/the U.S. Air 
Force/the U.S. Marine Corps) under exclusive written contract with (DoD 
Component or subordinate level).''
    (2) ``The appearance of advertising in this publication, including 
inserts or supplements, does not constitute endorsement by the 
(Department of Defense/the U.S. Army/the U.S. Navy/the U.S. Air Force/
the U.S. Marine Corps), or (name of commercial publisher) of the 
products or services advertised.''
    (3) ``Everything advertised in this publication shall be made 
available for purchase, use, or patronage without regard to race, 
color, religion, sex, national origin, age, marital status, physical 
handicap, political affiliation, or any other nonmerit factor of the 
purchaser, user, or patron.'' If a violation or rejection of this equal 
opportunity policy by an advertiser is confirmed, the publisher shall 
refuse to print advertising from that source until the violation is 
corrected.
    (k) DoD publications shall not contain campaign news, partisan 
discussions, cartoons, editorials, or commentaries dealing with 
political campaigns, candidates, issues, or which advocate lobbying 
elected officials on specific issues. DoD CE publications shall not 
carry paid political advertisements for a candidate, party, which 
advocate a particular position on a political issue, or which advocate 
lobbying elected officials on a specific issue. This includes those 
advertisements advocating a position on any proposed DoD policy or 
policy under review.
    (l) DoD newspapers shall support the Federal Voting Assistance 
Program by carrying factual information about registration and voting 
laws, especially those on absentee voting requirements of the various 
States, the District of Columbia, Puerto Rico, and U.S. territories and 
possessions. DoD newspapers shall use voting materials provided by the 
Director, Federal Voting Assistance Program; the OSD; and the Military 
Departments. Such information is designed to encourage DoD personnel to 
register as voters and to exercise their right to vote as outlined in 
DoD Directive 1000.4.\4\
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    \4\ See footnote 1 to Sec. 247.1.
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    (m) DoD publications shall comply with DoD Instruction 1100.13\5\ 
pertaining to polls, surveys, and straw votes.
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    \5\ See footnote 1 to Sec. 247.1.
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    (1) The DoD Components and subordinate levels may authorize polls 
on matters of local interest, such as soldier of the week, and favorite 
athlete.
    (2) A DoD publication shall not conduct a poll, a survey, or a 
straw vote relating to a political campaign or issue.
    (3) Opinion surveys must be in compliance with Military Service 
regulations.
    (n) DoD newspapers will support officially authorized fund-raising 
campaigns (e.g., Combined Federal Campaign (CFC)) within the Department 
of Defense in accordance with DoD Directive 5035.1.\6\ News coverage of 
the campaign will not discuss monetary goals, quotas, competition or 
tallies of solicitation between or among agencies. To avoid any 
appearance of endorsement, features and news coverage will discuss the 
campaign in general and not promote specific agencies within the CFC. 
Agencies may be mentioned routinely but must not be a main focus of 
features and news coverage.
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    \6\ See footnote 1 to Sec. 247.1.
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    (o) DoD publications shall not:
    (1) Contain any material that implies that the DoD Components or 
their

[[Page 42908]]

subordinate levels endorse or favor a specific commercial product, 
commodity, or service.
    (2) Subscribe, even at no cost, to a commercial or feature wire or 
other service whose primary purpose is the advertisement or promotion 
of commercial products, commodities, or services.
    (3) Carry any advertisement that violates or rejects DoD equal 
opportunity policy. (See paragraph (j)(3) of this section).
    (p) All commercial advertising, including advertising supplements, 
shall be clearly identifiable as such. Paid advertorials and 
advertising supplements may be included but must be clearly labeled as 
advertising and readily distinguishable from editorial content.
    (q) Alteration of official photographic and video imagery will 
comply with DoD Directive 5040.5.\7\
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    \7\ See footnote 1 to Sec. 247.1.
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    (r) Commercial sponsors of Armed Forces Professional Entertainment 
Program events and morale, welfare and recreation events may be 
mentioned routinely with other pertinent facts in news stories and 
announcements in DoD newspapers. (See DoD Instructions 1330.13 \8\ and 
1015.2.\9\
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    \8\ See footnote 1 to Sec. 247.1.
    \9\ See footnote 1 to Sec. 247.1.
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    (s) Book, radio, television, movie, travel, and other entertainment 
reviews may be carried if written objectively and if there is no 
implication of endorsement by the Department of Defense or any of its 
Components or their subordinate levels.
    (t) All printing using appropriated funds will be obtained in 
accordance with DoD Directive 5330.3.
    (u) Although DoD internet web sites are normally discouraged from 
linking to commercial activities, the commander may authorize an 
installation web site to be linked to the web site carrying the 
authorized civilian enterprise publication.


Sec. 247.5  Responsibilities.

    (a) The Assistant Secretary of Defense for Public Affairs, 
consistent with DoD Directive 5122.5,\10\ shall:
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    \10\ See footnote 1 to Sec. 247.1.
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    (1) Develop policies and provide guidance on the administration of 
the DoD Internal Information Program.
    (2) Provide policy and operational direction to the Director, AFIS.
    (3) Monitor and evaluate overall mission effectiveness within the 
Department of Defense for matters under this part.
    (b) The Director, American Forces Information Service, shall:
    (1) Develop and oversee the implementation of policies and 
procedures pertaining to the management, content, and publication of 
DoD publications encompassed by this part.
    (2) Serve as DoD point of contact with the Joint Committee on 
Printing, Congress of the United States, for matters under this part.
    (3) Serve as the DoD point of contact in the United States for 
Combatant Command newspaper matters.
    (4) Provide guidance to the Combatant Commands, Military 
Departments, and other DoD Components pertaining to DoD publications.
    (5) Monitor effectiveness of business and financial operations of 
DoD publications and provide business counsel and assistance, as 
appropriate.
    (6) Sponsor a DoD Interservice Newspaper Committee and a Flagship 
Magazine Committee composed of representatives of the Military 
Departments to coordinate matters on publications encompassed by this 
part and flagship magazine matters, respectively.
    (7) Provide a press service for joint-Service news and information 
for use by authorized DoD publication editors.
    (c) The Secretaries of the Military Departments shall:
    (1) Provide policy guidance and assistance to the Department's 
publications.
    (2) Encourage the use of CE publications when they are the most 
cost-effective means of fulfilling the command communication 
requirement.
    (3) Ensure that adequate resources are available to support 
authorized internal information products under this part.
    (4) Designate a member of their public affairs staff to serve on 
the DoD Interservice Newspaper Committee.
    (5) Ensure all printing obtained with appropriated funds complies 
with DoD Directive 5330.3.
    (d) The Commanders of Combatant Commands shall:
    (1) Publish Combatant Command newspapers, if authorized. In 
discharging this responsibility, the Commander shall ensure that 
policy, direction, resources, and administrative support are provided, 
as required, to produce a professional quality newspaper to support the 
command mission.
    (2) Ensure that the newspaper is prepared to support U.S. forces in 
the command area during contingencies and armed conflict.


Sec. 247.6  Procedures.

    (a) General. (1) National security information shall be protected 
in accordance with DoD Directive 5200.1\11\ and DoD 5200.1-R.\12\
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    \11\ See footnote 1 to Sec. 247.1.
    \12\ See footnote 1 to Sec. 247.1.
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    (2) Specific items of internal information of interest to DoD 
personnel and their family members prepared for publication in DoD 
publications may be made available to requesters if the information can 
be released as provided in DoD Directive 5400.7 \13\ and DoD 5400.1-
R.\14\
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    \13\ See footnote 1 to Sec. 247.1.
    \14\ See footnote 1 to Sec. 247.1.
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    (3) Editorial policies of DoD publications shall be designed to 
improve the ability of DoD personnel to execute the missions of the 
Department of Defense.
    (4) DoD editors of publications covered under this part shall 
conform to applicable policies, regulations, and laws involving the 
collection, processing, storage, use, publication and distribution of 
information by DoD Components (e.g., libel, photographic image 
alteration, copyright, sexually explicit materials, classification of 
information, protection of sensitive information and U.S. Government 
printing and postal regulations).
    (5) DoD publications shall comply with DoD Directive 5400.11 \15\ 
regarding the DoD privacy program.
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    \15\ See footnote 1 to Sec. 247.1.
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    (b) Establishment of DoD newspapers. (1) Commanders are authorized 
to establish Funded newspapers (Appendix A to this part) or CE 
newspapers (Appendix B to this part) when:
    (i) A valid internal information mission requirement exists.
    (A) Command or installation newspapers provide the commander a 
primary means of communicating mission-essential information to members 
of the command. They provide feedback through such forums as letters to 
the editor columns. This alerts the commander to the emotional status 
and state of DoD knowledge of the command. The newspaper is used as a 
return conduit for command information to improve attitudes and 
increase knowledge.
    (B) News reports and feature stories on individuals and 
organizational elements of the command provides a crossfeed of DoD 
information, which improves internal cooperation and mission 
performance. Recognition of excellence in individual or organizational 
performance motivates and sets forth expected norms for mission 
accomplishment.
    (C) The newspaper improves morale by quelling rumors and keeping

[[Page 42909]]

members informed on DoD information that will affect their futures. It 
provides information and assistance to family members, which improve 
their spirits and thereby the effectiveness of their military service 
and/or civilian member. The newspaper encourages participation in 
various positive leisure-time activities to improve morale and deter 
alcohol abuse and other pursuits that impair their ability to perform.
    (D) The newspaper provides information to make command members 
aware of the hazards of the abuse of drugs and other substances, and of 
the negative impact that substance abuse has on readiness.
    (E) CE newspapers provide advertisements that guide command members 
to outlets where they may fulfill their purchasing needs. A by-product 
of this commercial contact is increased installation-community 
communication, which enhances mutual support.
    (F) The newspaper increases organizational cohesiveness and 
effectiveness by providing a visual representation of the essence of 
the command itself.
    (G) Good journalistic practices are vital, but are not an end unto 
themselves. They are the primary means to enhance receptivity of 
command communication through the newspaper.
    (H) The newspaper exists to facilitate accomplishment of the 
command or installation mission. That is the only basis for the 
expenditure of DoD resources to produce them.
    (ii) A newspaper is determined by the commander and the next higher 
level of command to be the most cost-effective means of fulfilling the 
command internal communication requirement.
    (2) The use of appropriated funds is authorized to establish a 
Funded newspaper if a CE newspaper is not feasible. The process of 
establishing a newspaper must include an investigation of the 
feasibility of publishing under the CE concept. This investigation must 
include careful consideration of the potential for real or apparent 
conflict of interest. If publishing under the CE concept is determined 
to be feasible, commanders must ensure that they have obtained approval 
to establish the newspaper before authorizing their representatives to 
negotiate a contract with a CE publisher.
    (3) DoD newspapers are mission activities. The use of 
nonappropriated funds for any aspect of their operations is not 
authorized.
    (4) Appropriated funds shall not be used to pay any part of the 
commercial publisher's costs incurred in publishing a CE publication.
    (5) Only one DoD newspaper or magazine is authorized for each 
command or installation.
    (i) If a newspaper is required at an installation where more than 
one command or headquarters is collocated, the host commander shall be 
responsible for publication of one funded or CE newspaper for all. The 
host command shall provide balanced and sufficient coverage of the 
other commands, their personnel, and activities in that locality. These 
commands, or headquarters, shall assist the staff of the host newspaper 
with coverage. If required by unusual circumstance, a commander other 
than the host may publish the single authorized newspaper when the 
majority of affected organizations concur.
    (ii) This provision is not intended to prohibit the headquarters of 
a geographically dispersed command that receives its local coverage in 
the host installation newspaper from publishing a command-wide 
newspaper; nor is it intended to prohibit a command that has 
information needs that are significantly different from the majority of 
the host installation audience from publishing a separate newspaper, 
when authorized by the designated approving authority. (See appendix E 
to this part).
    (iii) Establishment of CE Guides and Installation Maps. When valid 
communication requirements exist, publications in this category may be 
established by the commander, if feasible. (See appendix B to this 
part) Only one CE guide and installation map is authorized for each 
command or installation. The requirements of paragraph (b)(4) of this 
section, apply to CE guides and installation maps. These publications 
shall be approved by the next higher level. Approval authorities shall 
exercise care not to overburden community advertisers.
    (iv) Use of trademark. The DoD Components and their subordinate 
levels shall trademark--State, Federal, or both--the names of their 
publications when possible.
    (v) Use of recycled products. The public affairs office shall, 
whenever possible, based on contractual agreements, use recycled paper 
for publications covered under this part.
    (vi) Mailing requirements and sales and distribution of non-DoD 
publications. See appendix C to this part.
    (vii) AFIS print media directorate. See appendix D to this part.
    (viii) DoD command newspaper and magazine review system. See 
appendix E to this part.
    (6) When, in the opinion of the Assistant Secretary of Defense for 
Public Affairs, or the Combatant Command Commander, a Combatant Command 
newspaper is needed, establishment shall be directed by the Secretary 
of Defense. Both appropriated and nonappropriated funds may be used in 
the publication of overseas Combatant Command newspapers.
    (7) Establishment of magazines. New magazines shall be approved by 
the Head of the publishing DoD Component. New magazines serving the 
Military Services shall be approved in accordance with Service 
procedures. Only one DoD magazine or newspaper is authorized for each 
command or installation. Magazines are normally financed through 
appropriated funds. When CE magazines are approved, provisions in this 
part regarding advertising and contracting for CE publications apply to 
CE magazines. Magazines must:
    (i) Serve a clearly defined purpose in support of the mission of 
the publishing DoD Component, and the purpose must justify the cost.
    (ii) Not duplicate equivalent magazines serving the same, or 
substantially the same purpose.
    (iii) Be published and distributed efficiently and economically.
    (iv) Be reviewed every two years by the publishing DoD Component to 
ensure they are in compliance with this part, are mission essential, 
and are economically achieving their desired objective.


Sec. 247.7  Information requirements.

    The biennial reporting requirement contained in this part has been 
assigned Report Control Symbol DD-PA(BI) 1638.

Appendix A to Part 247--Funded Newspapers and Magazines

    A. Purpose. Funded newspapers and magazines support the command 
communication requirements of the DoD Components and their 
subordinate commands. Normally, printing is accomplished by a 
commercial printer under contract or in government printing 
facilities in accordance with DoD Directive 5330.3.<SUP>1</SUP> The 
editorial content of these publications and distribution are 
accomplished by the contracting command. Overseas, Funded newspapers 
are authorized to be printed under contract with the S&S. Where 
printing by S&S is not feasible because of distance or other 
factors, Funded newspapers may be printed by other means. These are 
evaluated

[[Page 42910]]

on a case-by-case basis with the cognizant DPS office.
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    \1\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22121.
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    B. Name. The name of the publication may include the name of the 
command or installation, or, the name of the command or installation 
may appear separately in the nameplate (flag). The emblem of the 
command or installation may be included in the nameplate, also. When 
possible, the DoD Components and their subordinate levels shall 
trademark the names of their publications, as stated in 
Sec. 247.5(d).
    C. Masthead. The masthead shall include the names of the 
commanding officer and the PAO, the names and editorial titles of 
the primary staff of the publication, and the mailing address and 
telephone number of the editorial staff, in addition to that 
required in Sec. 247.4(i).
    D. News and editorial materials. The commander and the public 
affairs staff shall generate and select news, information, 
photographs, editorial, and other materials to be used. Authorized 
news and information sources include the Office of the Assistant 
Secretary of Defense for Public Affairs (OASD(PA)), AFIS, the 
Military Departments, their subordinate levels of command, and other 
Government Agencies. Civilian community service news and 
announcements of benefit to personnel assigned to the command or 
installation and their family members may also be used. Photographic 
images used will be in compliance with Sec. 247.4(r).
    E. Assignment of personnel. Military and DoD civilian personnel 
may not be assigned to duty at the premises of the contract printer 
to perform any job functions that are part of the business 
activities or contractual responsibilities of the contract printer. 
Members of the public affairs staff who produce editorial content 
may work on the premises as liaison and monitor to specify and 
coordinate layout and other production details provided for in the 
command contract with the contract printer. A member of the public 
affairs staff shall review proof copy to prevent mistakes.
    F. Funding. The expense of publishing and distributing Funded 
newspapers and magazines is charged to appropriated funds of the 
publishing command.
    G. Printing. Printing of a funded publication shall be handled 
in accordance with DoD Directive 5330.3 in conjunction with the DoD 
Component's printing function with public affairs as the office of 
primary publishing interest. The use of color is authorized if the 
cognizant commander, the DoD Component's printing function and the 
PAO determine it enhances communication.
    H. Distribution. Funded publications may be distributed through 
official channels. Appropriated funds and manpower may be used for 
distribution of Funded publications, as required.
    I. Advertising. Funded publications shall not carry commercial 
advertising. As a service, the Funded newspaper may carry nonpaid 
listings of personally owned items and services for sale by members 
of the command. Noncommercial news stories and announcements 
concerning nonappropriated fund activities and commissaries may be 
published in funded publications.
    J. Employment and gratuities. DoD personnel shall not accept any 
gratuities from or employment with any GPO-contracted printers in 
violation of the DoD 5500.7-R,<SUP>2</SUP> the Joint Ethics 
Regulation. In addition, DoD personnel whose spouse or children (or 
other relatives as described in the Joint Ethics Regulation) are 
offered employment by, or work for, a GPO-contracted printer, must 
take appropriate action to avoid conflicts of interest.
---------------------------------------------------------------------------

    \2\ See footnote 1 to section A. of this appendix.
---------------------------------------------------------------------------

Appendix B to Part 247--CE Publications

    A. Purpose. CE publications consist of DoD newspapers, 
magazines, guides, and installation maps. They support command 
internal communications. The commander or public affairs office 
provides oversight and final approval authority for the news and 
editorial content of the publication. CE publishers sell advertising 
to cover costs and secure earnings, print the publications, and may 
make all or part of the distribution. Periodically, CE publishers 
compete for contracts to publish these publications. Neither 
appropriated nor nonappropriated funds shall be used to pay for any 
part of a CE publisher's costs incurred in publishing a CE 
publication.
    B. Name. The name of the publication may include the name of the 
command or installation, or the name of the command or installation 
may appear separately in the nameplate (flag). The emblem of the 
command or installation may also be included in the nameplate. When 
possible, the DoD Components and their subordinates shall trademark 
the names of their publications, as stated in Sec. 247.6(d).
    C. Masthead. The masthead shall include the following in 
addition to that required in Sec. 247.4 (i) and (j). ``The editorial 
content of this publication is the responsibility of the (name of 
command or installation) Public Affairs Office.'' The names of the 
commanding officer and PAO, the names and editorial titles of the 
staff assigned the duty of preparing the editorial content, and the 
office address and telephone number of the editorial staff shall be 
listed in the masthead of DoD newspapers, but is not required in CE 
guides and installation maps. The names of the publisher and 
employees of the publisher may be listed separately.
    D. News and editorial materials. The commander or the public 
affairs office shall provide oversight and final approval authority 
for news, information, photographs, editorial, and other materials 
to be used in a CE publication in the space allotted for that 
purpose by written contract with the commercial publisher. 
Authorized news and information sources include the OASD(PA), AFIS, 
the Military Departments and their subordinate levels of command, 
and other Government Agencies. CE contractor personnel may provide 
material for use in the publication if approved by the commander or 
PAO, as the commander's representative. Commercial news and opinion 
sources, such as AP, UPI, New York Times, etc., are not normally 
authorized for use in DoD publications except as stated in 
Sec. 247.4(q). Newspapers may publish community service news and 
announcements of the civilian community for the benefit of command 
or installation personnel and their families. Imagery used will be 
in compliance with Sec. 247.4(r).
    E. Assignment of personnel. Neither military nor DoD civilian 
personnel shall be assigned to duty at the premises of the CE 
publisher. Neither military nor DoD civilian personnel shall perform 
any job functions that are part of the business activities or 
contractual responsibilities of the CE publisher either at the 
contractor's facility or the Government facility. The PAO and staff 
who produce the non-advertising content of the CE publication may 
perform certain installation liaison functions on publisher premises 
including monitoring and coordinating layout and design and other 
publishing details set forth in the contract to ensure the effective 
presentation of information. One or more members of the public 
affairs staff shall review proof copy to prevent mistakes. Newspaper 
text-editing-system pagination and copy terminals owned by the CE 
publisher may be placed in the command or installation public 
affairs office under contractual agreement for use by the public 
affairs staff to coordinate layout and ensure that the preparation 
of editorial material is performed in such a way as to enhance the 
efficiency and effectiveness of the printing and publication 
functions performed by the CE publisher. All costs of these 
terminals shall be borne by the CE newspaper publishers who shall 
retain title to the equipment and full responsibility for any damage 
to or loss of such equipment. The relationship between the public 
affairs staff and employees of the CE contractor is that of 
Government employees working with employees of a private contractor. 
Supervision of CE employees; that is, the responsibility to rate 
performance, set rate of pay, grant vacation time, exercise 
discipline, assign day-to-day administrative tasks, etc., remains 
with the CE publisher. Any modification of the contract must be made 
by the responsible contracting officer. Public affairs staff members 
must be aware that employees of the contractor are not employees of 
the government and should be treated accordingly.
    F. Distribution of CE publications.
    1. A funded newspaper shall not be distributed as an insert to a 
CE newspaper, unless provided for in the CE contract, nor shall a CE 
newspaper be distributed as an insert to a funded newspaper.
    2. Supplements, clearly labeled as such, and advertising 
inserts, may be inserted into and distributed with a CE newspaper.
    3. The commercial publisher of a CE publication shall make as 
much of the distribution to the intended readership as possible. CE 
publications may be distributed through official channels.
    4. Except as authorized by the next higher headquarters for 
special situations or occasions (such as an installation open 
house), CE publications shall not be distributed outside the 
intended DoD audience and retirees, which includes family members. 
Electronic publication on the internet/world wide web is not 
considered distribution outside the intended DoD

[[Page 42911]]

audience. The CE publisher may provide complete copies of each 
specific issue of a CE publication to an advertiser whose 
advertisement is carried therein.
    5. The CE publisher of a CE newspaper will provide the 
appropriate number of news racks determined by the installation 
commander for publication distribution.

CE publishers are responsible for maintenance of these racks.

    6. CE guides, magazines, and installation maps may be delivered 
in bulk quantities to the appropriate installation offices to 
distribute these publications through official channels as 
necessary.
    G. Responsibilities regarding advertising.
    1. Only the CE publisher shall use the space agreed upon for 
advertising. While the editorial content of the publication is 
completely controlled by the installation, the advertising section, 
including its content, is the responsibility of the CE publisher. 
The public affairs staff, however, retains the responsibility to 
review advertisements before they are printed.
    2. Any decision by a CE publisher to accept or reject an 
advertisement is final. The PAO may discuss with a publisher their 
decision not to run an advertisement, but cannot substitute his 
judgment for that of the publisher.
    3. Before each issue of a CE publication is printed, the public 
affairs staff shall review advertisements to identify any that are 
contrary to law or to DoD or Military Service regulations, including 
this part, or that may pose a danger or detriment to DoD personnel 
or their family members, or that interfere with the command or 
installation missions. It is in the command's best interest to 
carefully apply DoD and Service regulations and request exclusion of 
only those advertisements that are clearly in violation of this 
part. If any such advertisements are identified, the public affairs 
office shall obtain a legal coordination of the proposed exclusion. 
After coordination, the public affairs office shall request, in 
writing if necessary, that the commercial publisher delete any such 
advertisements. If the publisher prints the issue containing the 
objectionable advertisement(s), the commander may prohibit 
distribution in accordance with DoD Directive 1325.6.\1\
---------------------------------------------------------------------------

    \1\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
---------------------------------------------------------------------------

    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\)
---------------------------------------------------------------------------

    \2\ See footnote 1 to section G.3. of this appendix.
---------------------------------------------------------------------------

    6. The Military Departments will coordinate a standard set or 
ratios of advertising-to-editorial copy for multiples of pages for 
run of the publication advertising in CE publications that will be 
included in all DoD Component regulations supplementing this part. 
The recommended annual average is a ratio of 60/40. Inserts and 
advertising supplements will not count in the total ad-to-copy 
ratio; However, the commander may prohibit the distribution of 
supplemental advertising deemed excessive.
    7. Bingo games and lotteries conducted by a commercial 
organization whose primary business is conducting lotteries may not 
be advertised in CE publications. Non-lottery activities (such as 
dining at a restaurant or attending a musical performance) of a 
commercial organization whose primary business is conducting 
lotteries may be advertised in CE publications. Exceptions are 
allowed for authorized State lotteries, lotteries conducted by a 
not-for-profit organization or a governmental organization, or 
conducted as a promotional activity by a commercial organization and 
clearly occasional and ancillary to the primary business of that 
organization. An exception also pertains to any gaming conducted by 
an Indian tribe under 25 U.S.C. 2720. See section D. of appendix C 
to this part.
    H. CE guides and maps.
    1. The name of the publication may include the name and emblem 
of the command or installation.
    2. At the discretion of the commander, an installation telephone 
directory may be included as a section of a CE guide. The telephone 
section shall be part of the guide contract specifications. Separate 
contracts for CE telephone directories are not authorized. Over-run 
printing of the telephone directory/yellow pages section of the 
installation guide is authorized. The number of guides with integral 
telephone directories and the number of over-run copies of the 
telephone directory/yellow pages will be clearly specified in the 
single guide contract. Required communication security information 
shall be printed on the first page of the telephone section and not 
on the cover of the guide. The cover of the guide may notify users 
that the publication contains the telephone directory.
    3. CE contracts for guides and maps shall establish firm 
delivery dates and shall contain provisions to ensure distribution 
is controlled by the command. Delivery dates may vary for guides and 
maps to make them more attractive to advertisers. The contract 
provisions shall specify delivery dates.
    I. Employment and gratuities. DoD personnel shall not accept any 
gratuities from or employment with any CE publisher in violation of 
DoD Directive 5500.7-R.\3\ In addition, DoD personnel whose spouse 
or children (or other relations as described in DoD Directive 
5500.7-R) are offered employment by, or work for, a CE publisher, 
must take appropriate action to avoid conflicts of interest.
---------------------------------------------------------------------------

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

    J. Contracting for a CE publication.
    1. General. The DoD Components and their subordinate commands 
are authorized to contract in writing for CE publications. The 
underlying premise of the CE concept is that the DoD Components and 
their subordinate commands will save money by transferring certain 
publishing and distribution functions to a commercial publisher 
selected through a competitive process. The CE publication is 
printed and delivered to the command, installation, or its 
readership in accordance with the terms of a written contract. Oral 
contracts are not acceptable. The right to sell and circulate 
advertising to the complete readership in the CE publication 
provides the publisher revenue to cover costs and secure earnings. 
The command or installation guarantees first publication and 
distribution of locally-produced editorial content in the 
publication. The publication becomes the property of the command, 
installation, or intended reader upon delivery in accordance with 
terms of the contract.
    2. Contracting process. Whether a first time initiative to 
establish a CE publication or a recompetition of an existing CE 
contract, the process must start with advance planning as to the 
nature of the command's requirements, the contracting strategy, and 
the market of potential advertisers and competitors for the job. The 
CE contract solicitation and the contract itself must contain a 
statement of work that describes in legally sufficient detail the 
Government's requirements and the conditions and restrictions under 
which the contractor will perform. The cognizant contracting office 
for the CE contracting action shall be the contracting office which 
normally provides contracting support to the command for service 
contracts and other procurements of a general nature which are above 
the simplified small purchase threshold. The contracting officer 
shall combine the statement of work with appropriate contractual 
terms and conditions, using 48 CFR chapter I and II as guides, 
although CE contracts are not subject to the FAR or DFARS, because 
they do not involve the expenditure of appropriated funds. The 
resulting solicitation and contract shall completely identify the 
rights and obligations of both parties. Proposals shall be solicited 
from all known commercial publishers who could potentially become 
the CE contractor. Upon evaluation of the competing proposals by the 
Source Selection Advisory Committee (SSAC) and selection of a winner 
by the selecting official, the CE contract shall be awarded by the 
contracting officer. The CE contract shall not require the 
contractor to pay money to the command or to provide goods, 
services, or other consideration not directly related to the CE 
publication. In the event that only one offer is received, the SSAC 
may recommend to the selecting official that no award be made or 
that the contracting officer enter into negotiations with the sole 
offeror to obtain the best possible service and product for the 
Government.

[[Page 42912]]

    3. Statement of Work (SOW). The SOW should be written to have 
the CE contractor perform as many of the publishing and distribution 
functions as practical to generate maximum savings to the Department 
of Defense. In so doing, care must be taken to balance Government 
requirements with a realistic view of the advertising revenue 
potential so as to achieve a contract that is commercially viable. 
The command's internal information needs shall be paramount. Some of 
the key issues that shall be addressed in the SOW follow:
    a. A general description of the scope of the proposed contract 
including the name and nature of the publication involved; for 
example, weekly newspaper, monthly magazine, annual guide and 
installation map. Normally, guides and installation maps are 
included in the same contract.
    b. A description of editorial content to be carried; e.g., news, 
features, supplements, and factual information, along with 
provisions addressing the possible inclusion of contractor-furnished 
advertising supplements for newspapers, provided any such supplement 
shall have the prior approval of the commander.
    c. A description of the rules for the inclusion of advertising 
in the publication, substantially as follows: ``The contractor 
agrees not to include in the publication any advertising of the 
following types: (1) paid political advertisements for a candidate, 
party, or which advocate a particular position on a political issue, 
including advertisements advocating a position on any proposed DoD 
policy or policy under review, or which advocate lobbying elected 
officials on a specific issue; (2) advertisements for any 
establishment declared ``off limits'' by the command; (3) 
advertisements that are contrary to law or to DoD or Military 
Service regulations or that in the government's opinion pose a 
danger or detriment to DoD personnel or their family members, or 
that interfere with the command or installation missions; (4) 
advertisements for bingo games or lotteries conducted by a 
commercial organization whose primary business is conducting 
lotteries; (5) (other restrictions deemed appropriate by the 
Service/command, if any.)'' Additionally, the contract will contain 
provisions which: (1) specify the annual average advertising-to-
editorial ratio for newspapers and magazines; (2) state that the 
commander's representative shall have the authority to specify 
newspaper advertising layout when required to enhance 
communication's effectiveness of the publication; and (3) which 
requires the contractor to notify advertisers of the requirements in 
Sec. 247.4(i) and Sec. 247.4(j).
    d. A provision substantially as follows: ``The contractor agrees 
not to enter into any exclusive advertising agreement with any firm, 
broker, or individual for the purpose of selling advertising 
associated with this contract.''
    e. A description of the CE contractor's responsibilities for 
distribution of the publication. This provision should address such 
matters as contractor furnishing of news racks along with contractor 
responsibility for maintenance of these racks.
    f. A description of contractor-owned and/or contractor-furnished 
equipment such as text editing, copy terminals, and modems 
determined to be required to coordinate layout and ensure that the 
preparation of editorial material is performed in such a way as to 
enhance the efficiency and effectiveness of the publication process.
    g. A description of contractor-furnished editorial support 
services determined to be required. Such description must be in 
terms of the end product required; e.g., photography service and/or 
writer/reporter services, and not as a requirement to make available 
certain contractor personnel. In day-to-day performance and 
administration of the CE contract, contractor personnel performing 
such support services shall not be treated in any way as though they 
are Government employees.
    h. A provision that the use, where economically feasible, of 
recycled paper for internal products will be a consideration for 
awarding the contract, as stated in Sec. 247.6 (e).
    i. SOW's and RFP's for CE newspapers shall specify standard 
newsprint, recyclable, subject to requirements of applicable laws 
and regulations.
    j. For CE magazines, a provision requiring the contractor to 
provide a bulk number of copies of each printing to the Government 
Printing Office (GPO) for distribution to Federal Depository 
Libraries. The number of copies to be provided will be determined on 
the number of libraries desiring to subscribe to the publication. 
The number could be a maximum of 1,400, but has historically 
averaged approximately 500 to 600 copies for military magazines. The 
contractor would be required to contact GPO to initiate this 
procedure at (202)512-1071.
    4. Contract provisions. The CE concept is based on an exception 
to the Government Printing and Binding Regulations \4\ published by 
the Congressional Joint Committee on Printing. While CE contracts 
are not subject to the FAR (48 CFR chapter I) or the DFARS (48 CFR 
chapter II), the FAR contains many clauses that are useful in 
protecting the interests of the Government. The following clauses 
may be helpful in obtaining the best possible CE publication:
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    \4\ Copies may be obtained, at cost, from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.
---------------------------------------------------------------------------

    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.''
---------------------------------------------------------------------------

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

    b. Option clause. Insert a clause substantially the same as the 
following to extend the term of the CE publisher contract:
    (1) ``The Government may extend the term of this contract by 
written notice to the contractor within [insert in the clause the 
period of time in which the contracting officer has to exercise the 
option]; provided that the Government shall give the contractor a 
preliminary written notice of its intent to exercise the option at 
least 60 days before the contract expires. The preliminary notice 
does not commit the government to exercise the option.'' In the case 
of base closure or realignment the publisher has the right to 
request a renegotiation of the contract.
    (2) ``If the Government exercises this option, the extended 
contract shall be considered to include this option provision.''
    (3) ``The total duration of this contract, including the 
exercise of any options under this clause, shall not exceed 6 
years.''
    c. Default clause. Insert the following clause in solicitations 
and contracts:
    (1) ``The Government may, by written notice of default to the 
contractor, terminate this contract in whole or in part if the 
contractor fails to:
    (a) Deliver the CE publications in the quantities required or to 
perform the services within the time specified in this contract or 
any extension;
    (b) Make progress, so as to endanger performance of this 
contract;
    (c) Perform any of the other provisions of this contract.''
    (2) ``If the Government terminates this contract in whole or in 
part, it may acquire, under the terms and in the manner the 
contracting officer considers appropriate, supplies or services 
similar to those terminated. However, the contractor shall continue 
the work not terminated.''
    (3) ``The rights and remedies of the Government in this clause 
are in addition to any other rights and remedies provided by law or 
under this contract.''
    d. Termination for convenience of the Government. Insert the 
following clause in solicitations and contracts:
    ``The contracting officer, by written notice, may terminate this 
contract, in whole or in part if the services contracted for are no 
longer required by the Government, or when it is in the Government's 
interest, such as with installation closures. Any such termination 
shall be at no cost to the Government.'' The Government will use its 
best efforts to mitigate financial hardship on the publisher.
    5. Term of contract. CE contracts may be entered into for an 
initial period of up to 2 years, and may contain options to extend 
the contract for one or more additional periods of 1 or 2 years 
duration. The total period of the contract, including options, shall 
not exceed 6 years, after which the contract must be recompeted.
    6. Exercise of options. Under normal circumstances, when the 
contractor is performing satisfactorily, options for additional 
periods of performance should be exercised. However, the exercise of 
the option is the exclusive right of the Government.
    7. Modification of the contract. Any changes to the SOW or other 
terms and

[[Page 42913]]

conditions of the contract shall be made by written contract 
modification signed by both parties.
    8. SSAC. The commander shall appoint an SSAC. The committee 
shall participate in the development of the Source Selection Plan 
(SSP) before the solicitation of proposals, evaluate proposals, and 
recommend a source to the selecting official. Since cost is not a 
factor in the evaluation, award will be based on technical 
proposals, the offeror's experience and/or qualifications, and past 
performance.
    a. The SSAC shall consist of a minimum of five voting members: a 
chairperson, who shall be a senior member of the command; senior 
representatives from public affairs and printing; and a minimum of 
two other functional specialists with skills relevant to the 
selection process. Each SSAC shall have non-voting legal and 
contracting advisors to assist in the selection process.
    b. In arriving at its recommendations, the SSAC shall follow the 
SSP and avail itself of all relevant information, including the 
proposals submitted, independently derived data regarding offerors' 
performance records, the results of on-site surveys of offerors' 
facilities, where feasible, and in appropriate cases, personal 
presentations by offerors.
    c. The work of the SSAC must be coordinated with the contracting 
officer to ensure that the process is objective and fair. All 
communications between the offerors and the Government shall be 
through the contracting officer. No member of the SSAC or the 
selecting official shall communicate directly with any offeror 
regarding the source selection.
    d. In cases where a losing competitor requests a debriefing from 
the contracting officer, members of the SSAC may be called upon to 
participate so as to give the losing competitor the most thorough 
explanation practical as to why its proposal was not successful. No 
information regarding competitors' proposals shall be discussed with 
the unsuccessful offerors during debriefings, discussions, or 
negotiations.
    9. SSP. A SSP (see sample SSP at attachment 1 to this Appendix) 
must be developed early in the planning process to serve as a guide 
for the personnel involved and ensure a fair and objective process 
and a successful outcome. The contracting officer is primarily 
responsible for development of the SSP, in coordination with the PAO 
and other members of the SSAC. Ideally, the SSP should be completed 
and approved prior to issuance of the solicitation; it must be 
completed and approved before the receipt of proposals.
    10. Evaluation criteria and proposal requirements. The 
solicitation must specify, in relative order of importance, the 
factors the Government will consider in selecting the most 
advantageous proposal. In addition, the solicitation must specify 
the types of information the proposal must contain to be properly 
evaluated. These two aspects of the solicitation must closely 
parallel one another. The contracting officer is primarily 
responsible for development of these two solicitation provisions, in 
coordination with the PAO, legal counsel, and members of the SSAC.
    a. Evaluation criteria for award. Drawing upon the SSP, this 
feature of the solicitation must advise offerors what factors the 
Government will consider in evaluating proposals and the relative 
importance of each factor. The sample SSP (attachment 1 to this 
appendix) provides an example of criteria that might be used. Note 
that under the ``Services and/or Items Offered'' factor, paragraph 
E.2.b. of attachment 1 to this appendix, it is necessary to list and 
indicate the relative importance of services and/or items above the 
minimum requirements of the SOW that the command would consider 
desirable and that, if offered, will enhance the offeror's 
evaluation standing. The offer of services and/or items not listed 
in the evaluation criteria shall not be considered in the evaluation 
of proposals, but may be accepted in the contract award if deemed 
valuable to the Government, PROVIDED the service and/or item 
involved is directly related to producing the publication and not in 
violation of any other statute or regulation. Examples of items that 
cannot be considered during the evaluation process are; press kits, 
laminated maps, economic development reports, or other separate 
publications not an integral part of the CE publication.
    b. Proposal requirements. This provision of the solicitation 
must describe the specific and general types of information 
necessary to be submitted as part of the proposal to be evaluated. 
Offerors shall be notified that unnecessarily elaborate proposals 
are not desired.

Attachment 1 to Appendix B to Part 247--SSP

A. Introduction

    1. The objectives of this plan are:
    a. To ensure an impartial, equitable, and thorough evaluation of 
all offerors' proposals in accordance with the evaluation criteria 
presented in the request for proposals (RFP).
    b. To ensure that the contracting officer is provided technical 
evaluation findings of the SSAC in such a manner that selection of 
the offer most advantageous to the Government is ensured.
    c. To document clearly and thoroughly all aspects of the 
evaluation and decision process to provide effective debriefings to 
unsuccessful offerors, to respond to legal challenges to the 
selection, and to ensure adherence to evaluation criteria.
    2. This plan will be used to select a CE contractor for 
publication of the ____________________ newspaper (CE guide, 
magazine, or installation map) and will:
    a. Give each SSAC member a clear understanding of his or her 
responsibilities as well as a complete overview of the evaluation 
process.
    b. Establish a well-balanced evaluation structure, equitable and 
uniform scoring procedures, and a thorough and accurate appraisal of 
all considerations pertinent to the negotiated contracting process.
    c. Provide the selecting official with meaningful findings that 
are clearly presented and founded on the collective, independent 
judgment of technical and managerial experts.
    d. Ensure identification and selection of a contractor whose 
final proposal offers optimum satisfaction of the Government's 
technical and managerial requirements as expressed in the RFP.
    e. Serve as part of the official record for the evaluation 
process.

B. Organization and Staffing

    1. The SSAC will consist of the Chairperson and a minimum of 
four other voting committee members plus the non-voting advisors to 
the SSAC.
    2. The SSAC committee members are:

------------------------------------------------------------------------
                   Name                               Position          
------------------------------------------------------------------------
                                           Chairperson                  
                                           Member                       
                                           Member                       
                                           Member                       
                                           Member                       
                                           Legal                        
                                           Advisor \1\                  
                                           Contract                     
                                           Advisor \1\                  
------------------------------------------------------------------------
\1\ Non-voting members.                                                 

C. Responsibilities

    1. Selecting Official:
    a. Approves the SSP.
    b. Reviews the evaluation and findings of the SSAC.
    c. Considers the SSAC's recommendation of award.
    d. Selects the successful offeror.
    2. Chairperson of the Source Selection Advisory Committee (C/
SSAC):
    a. Reviews the SSP.
    b. Approves membership of the SSAC.
    c. Analyzes the evaluation and findings of the SSAC and applies 
weights to the evaluation results.
    d. Approves the SSAC report for submission to the selecting 
official.
    3. Contracting Officer:
    a. Is responsible for the proper and efficient conduct of the 
entire source selection process encompassing solicitation, 
evaluation, selection, and contract award.
    b. Provides SSAC and the selecting official with guidance and 
instructions to conduct the evaluation and selection process.
    c. Receives proposals submitted and makes them available to the 
SSAC, taking necessary precautions to ensure against premature or 
unauthorized disclosure of source selection information.
    4. SSAC members shall:
    a. Familiarize themselves with the RFP and SSP.
    b. Provide a fair and impartial review and evaluation of each 
proposal against the solicitation requirements and evaluation 
criteria.
    c. Provide written documentation substantiating their 
evaluations to include strengths, weaknesses, and any deficiencies 
of each proposal.
    5. Legal advisor:
    a. Reviews RFP and SSP for form and legality.
    b. Advises the SSAC members of their duties and 
responsibilities, regarding procurement integrity issues and 
confidentiality requirements.
    c. Participate in SSAC meetings and provide legal advice as 
required.

[[Page 42914]]

    d. Provides legal review of all documents supporting the 
selection decision to ensure legal sufficiency and consistency with 
the evaluation criteria in the RFP and SSP.
    e. Advises the selecting official on the legality of the 
selection decision.

D. Administrative Instructions

    1. Evaluation overview. The advisory committee will operate with 
maximum flexibility. Collective discussion by evaluators at 
committee meetings of their evaluation findings is permitted in the 
interchange of viewpoints regarding strengths, weaknesses, and 
deficiencies noted in the proposals relating to evaluation items. 
Evaluators will not suggest or disclose numerical scores or other 
information regarding the relative standing of offerors outside of 
committee meetings.
    2. Evaluation procedure. The evaluation of offers is based on 
good judgment and a thorough knowledge of the guidelines and 
criteria applicable to each evaluation factor.
    a. Numerical scoring is merely reflective of the composite 
findings of the SSAC. The evaluation scoring system is used as a 
tool to assist the Chairperson of the SSAC in determining the 
proposal most advantageous to the Government.
    b. The most important documents supporting the contract award 
will be the findings, conclusions, and reports of the SSAC.
    3. Safeguarding data. The sensitivity of the proceedings and 
documentation require stringent and special safeguards throughout 
the evaluation process:
    a. Inadvertent release of information could be a source of 
considerable misunderstanding and embarrassment to the Government. 
It is imperative, therefore, for all members of the SSAC to avoid 
any unauthorized disclosures of information pertaining to this 
evaluation. Evaluation participants will observe the following 
rules:
    (1) All offeror and evaluation materials will be secured when 
not in use (i.e., during breaks, lunch, and at the end of the day).
    (2) All attempted communications by offeror's representatives 
shall be directed to the contracting officer. No communications 
between members of the SSAC or the selecting official and offerors 
regarding the contract award or evaluation is permitted except when 
called upon under the provisions of paragraph J.8.d, of Appendix B 
to this part.
    (3) Neither SSAC members or the selecting official shall 
disclose anything pertaining to the source selection process to any 
offeror except as authorized by the contracting officer.
    (4) Neither SSAC members or the selecting official shall discuss 
the substantive issues of the evaluation with any unauthorized 
individual, even after award of the contract.

E. Technical Evaluation Procedures

    1. Evaluation process. Proposals will be evaluated based on the 
following criteria as indicated in Section M of the solicitation: 
The evaluation worksheet (attachment 2 to this appendix) shall be 
used to score the technical factors. Using the technical evaluation 
worksheet, each member of the SSAC will independently review each 
proposal and assign an appropriate number of points to each factor 
being considered. Point scores for each factor will range from ``0'' 
to ``5'' based on the committee member's evaluation of the proposal. 
Upon completion of individual evaluations, the group will meet in 
committee with the Chairperson and arrive at a single numeric score 
for each factor in the proposal.
    2. Criteria. An example of applicable evaluation criteria and 
their relative order of importance are listed below in paragraphs 
E.2. a. through d. of this appendix. Criteria and weights are 
provided as an example only. The SSAC must determine its own 
weighting factors tailored to meet the needs of the particular CE 
publication and describe the relative weights assigned in the RFP; 
e.g., ``Evaluation factors are listed in descending order of 
importance; criteria #1 is twice as important as criteria #2,'' etc.
    a. Technical and production capability. Scores will range from 
``0'' (unacceptable), to ``5'' (exhibits state-of-the-art, award 
winning, or clearly superior technical ability to produce the 
required newspaper, magazine, guide, or installation map). Factors 
to be considered for newspaper contracts include: level of 
automation; compatibility of automation with existing PAO automation 
(unless other automation is provided); printing capability; 
production equipment; physical plant (capabilities); and driving 
distance to the plant. Similar factors may be considered for 
magazines, guides and installation maps.
    b. Services and/or items offered. Scores will range from ``0'' 
(unacceptable), to ``5'' (the offer of equipment, such as automation 
equipment; or services, such as editorial or photographic services 
as set forth in the contract solicitation that will greatly enhance 
the newspaper and/or its production). Factors to be considered for 
newspapers include: offer of automation equipment and the quality 
and amount of equipment offered; the quality and amount of services 
offered; the usefulness of the services and/or items to the public 
affairs office in enhancing the newspaper; the impact of the 
services and/or items on other parts of the contract. Similar 
factors may be considered for magazines, guides and installation 
maps. The offer of equipment or services not specifically related to 
producing the publication will not result in the assignment of a 
higher score.
    c. Past performance record. Scores will range from ``0'' (no 
experience in newspaper, magazine, guide, or installation map 
publishing and/or unsatisfactory, previous performance), to ``5'' 
(long-term, highly successful experience publishing similar 
newspapers, magazines, guides, or installation maps). Factors to be 
considered include: demonstrated ability to successfully produce a 
CE or similar publication; demonstrated printing ability (types of 
printing, history of newspaper, magazine, guide, or installation map 
printing); demonstrated success in contract performance in a timely 
and responsive manner; demonstrated capability to sell advertising 
and successfully recoup publication costs.
    d. Management approach. Scores will range from ``0'' (approach 
unacceptable), to ``5'' (proposal demonstrates a sound and 
innovative approach to interfacing with the PAO and managing the CE 
publication operation). Factors to be considered include: The 
offeror's proposed approach to:
    (1) Interfacing with the PAO staff.
    (2) Controlling the quality and timeliness of the finished 
product.
    (3) Sale of ads of the type that enhance the publication's image 
in the community and with the readership at large.
    (4) Ensuring that contractor's personnel are properly supervised 
and managed.
    3. Weighting factors. Points will be assigned to the final score 
of each factor in a proposal as determined by multiplying the score 
assigned (e.g., ``0,'' ``1,'' ``2,'' ``3,'' ``4,'' or ``5'') by the 
relative weight of the individual criterion as indicated:

------------------------------------------------------------------------
                                                       Relative         
                       Factor                           weight   Maximum
                                                      (percent)   points
------------------------------------------------------------------------
CRITERION 1.........................................        40       200
CRITERION 2.........................................        30       150
CRITERION 3.........................................        20       100
CRITERION 4.........................................        10        50
                                                      .........      500
------------------------------------------------------------------------



(EXAMPLE ONLY):                                                         
  CRITERION 1: Score 5 (5  x  40), Total Points................      200
  CRITERION 1: Score 4 (4  x  30), Total Points................      120
  CRITERION 1: Score 3 (3  x  20), Total Points................       60
  CRITERION 1: Score 2 (2  x  10), Total Points................       20
                                                                --------
                                                                     400
                                                                        

    4. Report of findings and recommendations. After the SSAC has 
completed final evaluation of proposals and all weighting has been 
completed, the committee will prepare a written report of its 
findings and recommendations, setting forth the consensus of the 
committee and its composite scores (Sample at attachment 3 to this 
appendix). The Chairperson will sign the report to confirm its 
accuracy and his agreement with the recommendation. All copies of 
proposals and evaluation worksheets will be returned to the 
contracting officer.

Attachment 2 to Appendix B to Part 247--Sample Evaluation Worksheet

CONTRACTOR-------------------------------------------------------------

EVALUATOR--------------------------------------------------------------

DATE-------------------------------------------------------------------
EVALUATION CRITERIA AND SCORES (RANGE 0-5 POINTS FOR EACH)

1. Technical and production

  capability:----------------------------------------------------------
2. Services and items

  offered:-------------------------------------------------------------
3. Past performance

  record:--------------------------------------------------------------
4. Management

  approach:------------------------------------------------------------

[[Page 42915]]

NARRATIVE DISCUSSION: \1\
---------------------------------------------------------------------------

    (\1\ Discussions of strengths, weaknesses, and deficiencies 
should reference the specific evaluation factor involved to ensure 
that proposals are evaluated only against the criterion set forth in 
the RFP, to facilitate debriefings, and to provide an effective 
defense to any challenges regarding the legality of the selection 
process.)
---------------------------------------------------------------------------

Strengths--------------------------------------------------------------

Weaknesses-------------------------------------------------------------

Deficiencies-----------------------------------------------------------

Attachment 3 to Appendix B to Part 247--Sample Memorandum for Selecting 
Official

SUBJECT: Evaluation of Proposals

  RFP No.--------------------------------------------------------------

    1. All proposals received in response to subject RFP have been 
evaluated by the Source Selection Advisory Committee (SSAC). The 
results and comments are listed below.
    a. Offeror's proposals were rated as follows:

Offeror Name    Numerical    Score

    b. Summary Narrative Comments.

(This section of the report shall be a summary of the individual 
strengths and weaknesses in each proposal, along with any 
deficiencies that are susceptible to being cured through written or 
oral discussions with the offeror, as noted by the SSC evaluators. 
This summary should be supported by detailed narratives contained on 
the individual evaluator's worksheets.)
    2. Recommendation.

----------------------------------------------------------------------
Chairperson, SSAC

Appendix C to Part 247--Mailing of DoD Newspapers, Magazines, CE 
Guides, and Installation Maps; Sales and Distribution of Non-DoD 
Publications

    A. Policy. It is DoD policy that mailing costs shall be kept at 
a minimum consistent with timeliness and applicable postal 
regulations. (See DoD Instruction 4525.7\1\ and DoD 4525.8-M.\2\ 
Responsible officials shall consult with appropriate postal 
authorities to obtain resolution of specific problems.
---------------------------------------------------------------------------

    \1\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
    \2\ See footnote 1 to section A. of this appendix.
---------------------------------------------------------------------------

    B. Definition. DoD appropriated fund postage includes all means 
of paying postage using funds appropriated for the Department of 
Defense. These means include meter imprints and stamps, permit 
imprints, postage stamps, and other means authorized by the U.S. 
Postal Service.
    C. Use of appropriated fund postage.
    1. DoD appropriated fund postage shall be used only for:
    a. Mailing copies to satisfy mandatory distribution 
requirements.
    b. Mailing copies to other public affairs offices for 
administrative purposes.
    c. Mailing copies to headquarters in the chain of command.
    d. Bulk mailings of DoD newspapers and magazines to subordinate 
units for distribution to members of the units.
    e. Mailing information copies to other U.S. Government Agencies, 
Members of Congress, libraries, hospitals, schools, and 
depositories.
    f. Mailing of an individual copy of a DoD newspaper, magazine, 
or CE publication in response to an unsolicited request from a 
private person, firm, or organization, if such response is in the 
best interest of the DoD Component or its subordinate levels of 
command.
    g. Mailing copies of DoD newspapers, magazines, guides, or 
installation maps to incoming DoD personnel and their families to 
orient them to their new command, installation, and community.
    2. DoD appropriated fund postage shall not be used for mailing:
    a. To the general readership of DoD newspapers, magazines, 
guides, and installation maps, unless specifically excepted in this 
part.
    b. By a CE publisher.
    c. CE publications other than newspapers and magazines in bulk. 
(See paragraph C.1.d. of this section).
    3. Generally, DoD newspapers, magazines, and CE publications 
shall be mailed as second class Requester Publication Rate, third-
class bulk, or third- or fourth-class mail.
    D. Legal prohibitions. Compliance with 18 U.S.C., 1302 and 1307 
is mandatory. 18 USC Section 1302 prohibits the mailing of 
publications containing advertisements of any type of lottery or 
scheme that is based on lot or chance. 18 USC 1307 authorizes 
exceptions pertaining to authorized State lotteries, lotteries 
conducted by a not-for-profit organization or a governmental 
organization, or conducted as a promotional activity by a commercial 
organization and clearly occasional and ancillary to the primary 
business of that organization. An exception also pertains to any 
gaming conducted by an Indian tribe under 25 U.S.C. 2720. Lottery is 
defined as containing the following three elements:
    1. Prize (whatever items of value are offered in the particular 
game).
    2. Chance (random selection of numbers to produce a winning 
combination).
    3. Consideration (requirement to pay a fee to play).
    E. Review of mailing and distribution effectiveness.
    1. Mailing and distribution lists shall be reviewed annually to 
determine distribution effectiveness and continuing need of each 
recipient to receive the publication.
    2. Distribution techniques, target audiences, readers-per-copy 
ratios, and use of the U.S. Postal Service to ensure the most 
economical use of mail services consistent with timeliness shall be 
revalidated annually.
    F. Non-DoD publications. A commander shall afford reputable 
distributors of other publications the opportunity to sell or give 
away publications at the activity he or she commands in accordance 
with DoD Directive 1325.6.\3\ Such publications shall not be 
distributed through official channels. These publications may be 
made available through subscription paid for by the recipient or 
placed in specific general use areas designated by the commander, 
such as the foyers of open messes or exchanges. They will be placed 
only in stands or racks provided by the responsible publisher. The 
responsible publisher will maintain the stand or rack to present a 
neat and orderly appearance. Subscriptions paid for by a recipient 
may be home-delivered by the commercial distributor in installation 
residential areas.
---------------------------------------------------------------------------

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

Appendix D to Part 247-AFIS Print Media Directorate

    A. General. The Print Media Directorate (PMD), an element of 
AFIS, develops, publishes, and distributes a variety of print media 
products that support DoD-wide programs and policies for targeted 
audiences throughout the DoD community. Products include the 
following:
    1. American Forces Press Service, news and feature articles, 
photographs, and art targeted principally to editors of DoD 
newspapers.
    2. DEFENSE magazine, a bimonthly magazine featuring articles 
authored by senior military and civilian officials on DoD programs 
and policies. An annual almanac edition highlights DoD's 
organization and statistical information.
    3. Defense Billboard, a monthly poster featuring topics of 
particular interest to junior Military Service members, but 
applicable to general DoD audiences.
    4. Pamphlets, booklets, and other posters covering a variety of 
joint interest information topics.
    5. PMD posts the Press Service on Military Service computer 
bulletin boards and internet world wide web sites. PAOs and editors 
may download text and art in a form readily usable for word 
processing or desktop publishing. All other PMD publications should 
be requisitioned through the Military Service's or organization's 
publications distribution system.
    6. Additional information may be obtained on the internet using 
the AFIS Uniform Resource Locator: <a href="http://www.dtic.mil/defenselink/
afis/">http://www.dtic.mil/defenselink/
afis/</a>.
    B. Use of materials published by print media directorate. With 
the exception of copyrighted matter, all materials published by PMD 
may be reproduced or adapted for use by DoD newspaper and magazine 
editors as appropriate. When PMD material is edited or revised, 
accuracy and conformance to DoD policy and accepted standards of 
good taste will be maintained. Due to the policy-oriented nature of 
DEFENSE magazine contents, particular care shall be taken to 
preserve the original context, tone, and meaning of any material 
adapted, revised, or edited from this publication.
    C. Eligible activities. The following activities are eligible to 
receive the above listed PMD products:
    1. All authorized DoD newspapers and magazines.
    2. Headquarters of the DoD Components and their subordinate 
commands.
    3. Proponent offices of DoD periodicals published by the DoD 
Components.
    4. Armed Forces Radio and Television Service networks and 
outlets.

[[Page 42916]]

    5. Isolated commands and detachments at which DoD newspapers are 
not readily available.

Appendix E to Part 247--DoD Command Newspaper and Magazine Review 
System

    A. Purpose. The purpose of the DoD command newspaper and 
magazine review system is to assist commanders in establishing and 
maintaining cost-effective internal communications essential to 
mission accomplishment. The system also enables internal information 
managers to assess the cost and effective use of resources devoted 
to command newspapers and to provide requested reports.
    B. Policy. DoD newspapers and magazines shall be reviewed and 
reported biennially. The review process is not intended to replace 
day-to-day quality assurance procedures or established critique 
programs.
    C. Review criteria. Each newspaper and magazine shall be 
evaluated on the basis of mission essentiality, communication 
effectiveness, cost-effectiveness, and compliance with applicable 
regulations.
    D. Reporting requirements.
    1. The DoD Components (less the Military Departments) shall 
forward, by January 31 of each even numbered year, the information 
indicated at attachment 1 to this Appendix for each newspaper 
published to: Director, American Forces Information Service, ATTN: 
Print Media Plans and Policy, 601 North Fairfax Street, Alexandria, 
VA 22314-2007.
    2. No later than April 15 of each even-numbered year, the 
Secretary (or designee) of each Military Department shall forward to 
the address above a report of the Military Department's review of 
newspapers and magazines. This report shall include summary data on 
total number of newspapers and magazines, along with a listing of 
the information indicated at attachment 1 to this appendix.
    3. One information copy of each issue of all DoD newspapers and 
magazines shall be forwarded on publication date to the address in 
paragraph H.1. of this appendix.
    4. Information copies of CE contracts shall be forwarded to the 
address in paragraph H.1. of this appendix, upon request.
    5. Administrative Instructions shall be issued by the Director, 
AFIS, for the annual review and reporting of newspapers and 
magazines.

Attachment 1 to Appendix E to Part 247--Newspaper and Magazine 
Reporting Data

    As required by section H. of this appendix, the following 
information shall be provided biennially regarding newspapers and 
magazines:
    A. Name of newspaper or magazine.
    B. Publishing command and mailing address.
    C. Printing arrangement:
    1. Government equipment.
    2. Government contract with commercial printer.
    3. CE contract with commercial publisher (provide name, mailing 
address, and phone number of commercial publisher).
    D. Frequency and number of issues per year.
    E. Number of copies printed and estimated readership.
    F. Paper size (metro, tabloid, or magazine format).

    Dated: August 5, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-21091 Filed 8-8-97; 8:45 am]
BILLING CODE 5000-04-P