Code of Federal Regulations: Containing a Codification of Documents of ...

(c) Financing of Unified Command newspapers, insofar as it involves the use of appropriated funds, is to be provided by the military department responsible for the administrative and logistic support of the Headquarters of the Unified Command concerned (see DoD Directive 5100.3, "Support of the Headquarters of Unified/Specified and Subordinate Unified Commands," March 16, 1967 (32 FR 5569)) except where the administrative support of the Unified Command newspaper has been delegated to a different military department. Such delegation will include responsibility for the programing, budgeting, and financing for the newspaper in accordance with the guidelines set forth in this part.

(1) Appropriated fund support for Unified Command newspapers may be provided by other military departments when necessary for efficient operation. Such appropriated fund support shall be subject to reimbursement by the responsible military department (paragraph (c) of this section) except the reimbursement will not be in the form of buildings, facilities, and utilities of subordinate activities of the Unified Command newspapers.

(2) Appropriated fund support of these subordinate activities will be provided in accordance with service directives, regarding financial support of morale, welfare, and recreational facilities.

is responsible for supporting the Armed Forces information program (AFIP) and promoting high professional standards in Armed Forces newspapers. IAF provides the following press materials and services:

(1) American Forces Press Service. A clipsheet, published weekly, carries text and art which may be included in Armed Forces newspapers. Illustrations appearing in the press service are provided upon request in matrix form for letterpress papers; in electronically-cut stencils for mimeograph papers; and in preprinted paper masters for multilithduplicated papers. Photo

offset papers may use the illustrations in the form in which they appear in the press service.

(2) Commander Digest. A publication containing Department of Defense policies, Seat-of-Government and other news and information of interest to commanders and service personnel. Reproduction of contents is author

ized.

(3) Armed Forces newspaper guide. A manual for service personnel performing editorial duties on Armed Forces newspapers.

(4) Armed Forces news style guide. A guide designed to help Armed Forces newspaper staffs standardize their style by providing guidance on such matters as abbreviations, punctuation, and spelling.

(5) Advice to editors. Advice concerning the organization and operations of Armed Forces newspapers and detailed critiques of individual Armed Forces newspapers are available upon request through channels prescribed by the Military Department or Defense Agency concerned.

(1) All Armed Forces newspapers, whether published with appropriated funds or nonappropriated funds.

(2) Newspapers published by and for civilian employees of the Armed Forces of the United States.

(3) Civilian Enterprise newspapers with approval through channels of the Military Department of Defense

Agency concerned.

(4) Armed Forces newspapers receiving copyrighted materials from ASD

(M. & R.A.) are authorized to use them. Civilian enterprise newspapers may not use such copyrighted materials unless authorized by ASD (M. & R.A.) or his designee.

(5) Upon request and approval, the following activities may be provided with certain AFPS printed press materials:

(i) Headquarters, such as the Headquarters of Unified Commands, armies, naval districts, major air commands, and numbered air forces, which have a policy supervisory interest in Armed Forces newspapers.

(ii) Armed Forces radio and television (AFRT) networks and outlets.

(iii) Periodicals issued by the military services.

(iv) Isolated detachments at which Armed Forces newspapers are not readily obtainable and whose parent organizations do not publish an Armed Forces newspaper, including Military Assistance Advisory Groups and Missions, and organizations such as the United Service Organizations, Inc. (USO).

(d) Use of IAF materials. Materials may be edited or revised by editors of Armed Forces newspapers as required by newspaper space limitations or as advisable for local appeal, provided that the original meaning is retained. When such material is edited or revised, accuracy and conformance with accepted standards of good taste will be maintained.

(e) Procedures.

(1) Requests for materials and services will be forwarded from local installations or activities through channels prescribed by the military department or defense agency concerned to the Office of Information for the Armed Forces, OASD (M. & R.A.), Attn.: American Forces Press Service (AFPS), Washington, D.C. 20305.

(2) Requests should include name of newspaper, frequency of publication (i.e., daily, weekly, monthly, etc.), and method of publication (i.e., multilith, offset, etc.). If the newspaper is a civilian enterprise publication, the requesting office must so state.

(3) An Armed Forces newspaper receiving materials will forward one copy of each issue to AFPS. Issues of civilian enterprise publications will be

forwarded in one copy by the information officer having normal liaison with the publisher.

(4) Armed Forces newspaper editors and information officers are encouraged to provide AFPS with news releases and photographs relating to their activity.

PART 203-SMOKING IN DOD OCCUPIED BUILDINGS AND FACILITIES

Sec.

203.1 Purpose.

203.2 Applicability and scope. 203.3 Background.

203.4 Policy.

AUTHORITY: 5 U.S.C. 301.

SOURCE: 42 FR 57123, Nov. 1, 1977, unless otherwise noted.

§ 203.1 Purpose.

This instruction establishes Department of Defense (DoD) procedures for control of smoking in DoD occupied buildings and facilities.

§ 203.2 Applicability and scope.

The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, the Defense Agencies, and the Army-Air Force Exchange Service. This part applies in all DoD occupied facilities. It does not cancel or supersede other instructions where smoking is controlled because of fire, explosive, or other safety considerations.

§ 203.3 Background.

The Surgeon General of the United States has determined that the smoking of tobacco can constitute a hazard to health. DoD recognizes the right of individuals working or visiting in DoD occupied buildings to an environment reasonably free of contaminants. DoD also recognizes the right of individuals to smoke in such buildings, provided such action does not endanger life or property, cause discomfort or unreasonable annoyance to nonsmokers, or infringe upon their rights.

should be continuously alert to advances in management control systems which will improve their internal operations.

§ 206.4 Policy.

(a) It shall be the general policy to: (1) Require applications of the C/ SCSC as stated in § 206.6 to programs that are within the scope of § 206.2, (2) require no changes in contractors' existing cost/schedule control systems except those necessary to meet the C/ SCSC, and (3) require the contractor to provide to the Government performance data directly from the same system used for internal management.

(b) The policies and criteria contained herein will not be construed as requiring the use of specific systems or changes in accounting systems which will adversely affect: (1) The equitable distribution of costs to all contracts, or (2) compliance with the standards, rules, and regulations promulgated by the Cost Accounting Standards Board.

(c) Subcontracts within applicable programs, excluding those that are firm-fixed-price, may be selected for application of these criteria by mutual agreement between prime contractors and the contracting DoD Component, according to the criticality of the subcontract to the program. Coverage of certain critical subcontracts may be directed by the Department of Defense, subject to the changes article of the contracts. In those cases where a subcontractor is not required to comply with the criteria, the Cost/Schedule Status Report (C/SSR) approach to performance measurement set forth in 32 CFR 164 will normally be used. The limitations in 32 CFR Part 164 apply.

(d) The applicability of C/SCSC and provisions concerning the acceptability and use of contractor's cost/schedule control systems shall be (1) included in the Decision Coordinating Papers (DCP) leading to the decisions for full-scale development and production, (2) addressed in procurement plans, (3) set forth in Requests for Proposal (RFP), and (4) made a contractual requirement in appropriate procurements.

(1) Reviews of Systems. To ensure compliance with the Cost/Schedule Control Systems Criteria, contractors'

systems will be reviewed during various phases of the contracting process.

(i) Where the C/SCSC are included as a requirement in the RFP, an Evaluation Review will be performed as an integral part of the source selection process.

(ii) After contract award, an in-plant Demonstration Review will be made to verify that the contractor is operating systems which meet the criteria.

(iii) Upon successful completion of the Demonstration Review, contractors will not be subjected to another Demonstration Review unless there are positive indications that the contractor's systems no longer operate so as to meet the criteria.

(iv) Subsequent contracts may require a review of shorter duration and less depth to ensure the appropriate and effective application of the accepted systems to the new contract.

(v) Detailed procedures relating to contractual application, interpretative guidance, interservice relationships, and conduct of systems reviews are contained in the Cost/Schedule Control Systems Criteria Joint Implementation Guide.1

(2) Memorandum of Understanding. After determination that a management system meets C/SCSC, a Memorandum of Understanding may be established between the Department of Defense and the contractor to apply to future contracts.

(i) The use of a Memorandum of Understanding contemplates the execution of a written instrument which references the C/SCSC and negotiated provisions which (A) reflect an understanding between the contractor and the DoD of the requirements of the DoD criteria, and (B) identify the specific system(s) which the contractor intends to use on applicable contracts with DoD Components.

(ii) The Memorandum of Understanding will include or make reference to a written description of the system(s) accepted in a Demonstration Review. The system description should

'Copies available from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. Stock Number 722-609/94.

be of sufficient detail to permit adequate surveillance by responsible parties. The use of a Memorandum of Understanding is preferred where number of separate contracts between one or more DoD Component(s) and the contractor may be entered into during the term of the Memorandum of Understanding. It contemplates the delegation of authority to the DoD Component negotiating the Memorandum of Understanding with the contractor to make the agreement on behalf of all prospective DoD contracting components.

(iii) Action to develop a Memorandum of Understanding may be initiated by either the contractor or the DoD Component, but will usually be in connection with a contractual requirement. In a proposal, reference to a Memorandum of Understanding satisfies the C/SCSC requirement in RFP's and normally obviates the need for further Evaluation Review during source selection. Procedures for executing Memorandums of Understanding are included in the Cost/Schedule Control Systems Criteria Joint Implementation Guide.1

(3) Surveillance. Recurring evaluations of the effectiveness of the contractor's policies and procedures will be performed to ensure that the contractor's system continues to meet the C/SCSC and provides valid data consistent with the intent of this Instruction. Surveillance reviews will be based on selective tests of reported data and periodic evaluations of internal practices during the life of the contract. Guidance for surveillance is set forth in the C/SCSC Joint Surveillance Guide.2

§ 206.5 Responsibilities.

Pursuant to authority contained in DoD Directive 7000.1.3

2 Copies available from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. Stock Number 241-382/5009.

Filed as part of original. Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. Attention Code 301.

(a) The Assistant Secretary of Defense (Comptroller) will establish policy guidance pertaining to the Cost/Schedule Control Systems Criteria and will monitor their implementation to ensure consistent application throughout the Department of Defense.

(b) The Secretaries of the Military Departments will issue appropriate instructions which promulgate the policies contained herein and which assign responsibilities for accomplishing the actions required to validate contractors' compliance with the C/SCSC.

(c) The Joint Logistics Commanders will develop and issue joint implementing instructions which outline the procedures to be used in applying, testing and monitoring the C/SCSC on applicable contracts and will ensure that adequate reviews of contractors' systems are performed. The joint implementing procedures and their revisions will be coordinated among all affected DoD Components and submitted to the Assistant Secretary of Defense (Comptroller) for review prior to publication.

(d) The Defense Contract Audit Agency and the appropriate Contract Administration Service office will participate in reviews of contractors' systems under their cognizance and will perform required surveillance, collaborating with each other and with the procuring DoD Component in reviewing areas of joint interest.

§ 206.6 Cost/schedule control systems criteria.

(a) General. (1) Any system used by the contractor in planning and controlling the performance of the contract shall meet the criteria set forth in § 206.6(c). Nothing in these criteria is intended to affect the basis on which costs are reimbursed and progress payments are made, and nothing herein will be construed as requiring the use of any single system, or specific method of management control or evaluation of performance. The contractor's internal systems need not be changed, provided they satisfy these criteria.

(2) Any element in the evaluation of proposals will be the proposer's system

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(2) Appropriated fund support of these subordinate activities will be provided in accordance with service directives, regarding financial support of morale, welfare, and recreational facilities.

§ 202.15 Administrative support.

(a) The administrative and logistic services necessary to publish an Armed Forces newspaper are furnished normally by the military departments or one of their subordinate activities. These include, but are not limited to:

(1) The procurement of material, equipment, facilities and supplies;

(2) Adherence to procurement regulations;

(3) Negotiation of interservice agreements;

(4) Contracting;

(5) Legal advice; and

(6) Personnel administration.

(b) Within the Office of the Assistant Secretary of Defense (Manpower and Reserve Affairs), the Office of Information for the Armed Forces (IAF)