PROCUREMENT POLICY DIVISION
AGAR ADVISORY NO. 77
Contracting for Prepackaged News Stories
INTRODUCTION: This
Agriculture Acquisition Regulation (AGAR) Advisory requires contracting
officers acquiring prepackaged news stories to ensure that USDA is clearly
identified as the source of the stories.
SUMMARY: The Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13) requires that any agency producing a
prepackaged news story include a clear notification within the text or audio of
the story that it was prepared or funded by the agency. Other limitations on the content of news
items or articles are imposed by appropriations laws and by Departmental
Regulations (DR) issued by the Office of Communications. Contracting officers should be aware of these
restrictions when processing requests to contract for information services.
DEFINITION: Prepackaged
News Story is a complete, ready to
use news item, article, audio news segment, or video news segment designed to
be indistinguishable from a news segment or article produced by an independent
author or news organization.
REFERENCES: Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005, Public Law 109-13, sec. 6076
Transportation, Treasury,
Independent Agencies, and General Government Appropriations Act, 2005 (Division
H of Public Law 108-447), secs. 621, 624
Office of Management and
Budget M-05-10, Memorandum for Heads of Departments and Agencies, Use of
Government Funds for Video News Releases, March 11, 2005
Comptroller General Decision
B-302710, May 10, 2004, Department of Health and Human Services, Centers for
Medicare and Medicaid Services – Video News Releases
Comptroller General Decision
B-303495, January 4, 2005, Office of National Drug Control Policy Prepackaged
News Stories
DR 1420-001, Publications
Review/Clearance Policy, February 7, 2003
DR 1440-002, Communications
Coordination and Review Policy, February 7, 2003
DR 1490-001, Broadcast Media
and Technology Policy, February 7, 2003
SPECIFIC ISSUES:
USDA agencies generally are prohibited by appropriation legislation from using appropriated funds for publicity or propaganda. Sections 621 and 624 of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act prohibit Federal agencies from using appropriated funds (1) for publicity or propaganda purposes, or (2) for any publication or, radio, television, or film presentation designed to support or defeat pending legislation (presentations to Congress are excepted). Similar restrictions are included in DRs 1410-001, 1440-002, and 1490-001.
The General Accountability
Office (GAO) had made it clear in decisions B-302710 and B-303495 that it
considers prepackaged news stories prepared by or for a Federal agency to be
“covert” propaganda if the stories do not clearly indicate that the Federal
agency sponsored and prepared or paid for the stories. Section 6076 of Public Law 109-13 requires
that any agency producing a prepackaged news story include a clear notification
within the text or audio of the story that it was prepared or funded by the
agency.
USDA contracting officers
shall ensure that all procurement requests for services involving writing,
publishing, or producing articles, news items, new stories, pamphlets, logos,
print media, exhibits, scripts for radio or television, scripts for film
presentations, radio broadcasts, television broadcasts, films, or filmed
material have been reviewed and approved by the Office of Communications or by
agency information officials if required by DRs in the DR 1400 series (see
References, above).
USDA contracting officers
shall ensure that statements of work for the creation, preparation, production,
or distribution of prepackaged news stories require the contractor to clearly
state in the text or scripts of the story that the story was prepared and
funded by USDA.
USDA contracting officer’s
representatives shall ensure, during review of any prepackaged news story
prepared for USDA by a contractor, that it is clear that the story was prepared
at the request of USDA and was funded by USDA.
If you have questions regarding this advisory, please
contact Todd Repass, Chief, PPD via email at Todd.Repass@da.usda.gov or by phone
at (202) 690-1060; or send an email to procurement.policy@da.usda.gov.
This AGAR advisory will appear on the USDA World Wide
Web site at the following URL: http://www.usda.gov/procurement/policy/advisories.html.
EFFECTIVE DATE: This advisory will remain in effect until
cancelled.
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