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ATTACHMENT J.6 – MATRIX OF BRANDING AND MARKING PLAN FOR CONTRACTS
BRANDING / MARKING PLAN for CONTRACTS Contract #XXX-X-XX-XXXXX-00 (Activity Name, Contract Partner)
ATTACHMENT #
Table #1: Synopsis of Items Affected by USAID Marking/Branding Regulations (ADS 320)
Complete the following chart with all items in this plan that will be affected by the USAID/Marking/Branding Regulations (ADS 320) and provide appropriate code. In some cases, multiple codes may apply:
Marking Codes: M = Marked U=Unmarked E = Exception W=Waiver
Important note: Marking Codes U Marking Codes PE needs further explanation in Table 2.
Marking Codes with W requires a Waiver from the Principal Officer (i.e. Mission Director in the field, Policy in Washington)
| Item |
| Type of USAID marking |
| Current Status of Marking |
| Marking Code |
| Locations affected/ Explanation for any ‘U’ |
* ADS 320.3.1.5 states: USAID contractors and recipients must not use the USAID Identity on any communications that are strictly administrative, rather than programmatic, in nature. Examples of administrative communications include, but are not limited to, correspondence with the cooperating government concerning contractor compliance with local law, such as the administration of tax, customs, or other provisions. The USAID Identity is also prohibited on contractor and recipient communications related to award administration, such as hiring/firing staff or renting office space and/or equipment. USAID CORs, COs/AOs and RLAs are available to advise partners about USAID’s implementation of USAID framework bilateral and other agreements with the cooperating country government.
** ADS 320.3.1.6 states: It is USAID policy to prohibit the use of the USAID Identity on contractor and recipient business cards. At their option, contractors and recipients may include wording on their employees’ business cards (“USAID Contractor” or “USAID Grantee” as appropriate) to identify that the employee is working on a USAID-funded activity. In addition, if the contractor or grantee elects to identify the employee as stated above, they may also, at their option, include the USAID program name (see 320.3.2 or 22 CFR 200). However, business cards must not use the USAID Identity and designs and layouts used must make it clear that the employee is not a USAID employee.
BRANDING / MARKING PLAN for CONTRACTS
Contract #XXX-X-XX-XXXXX-00 (Activity Name, Contract Partner)
Table #2: REQUEST FOR EXCEPTIONS
Determine the correct exception that you wish to request in the chart below and complete the country(ies) listing and explanation for approval by the Contract Officer.
| Exception 320.3.2.5 (a) |
| Guidelines for addressing exception |
| Compromise the intrinsic independence or neutrality of a program or materials where independence or neutrality is an inherent aspect of the program and materials. This includes, but is not limited, the following: 1) election monitoring or ballots, and voter information literature; 2) political party support or public policy advocacy or reform; 3) independent media, such as television and radio broadcasts and newspaper articles and editorials; and, PSAs or public opinion polls and surveys. |
| Identify the USAID Strategic Objective, Interim Result, or program goal furthered by an appearance of neutrality, or state why the program, project, activity, commodity, or communication is ‘intrinsically neutral.’ Identify, by category or deliverable item, examples of program materials funded under the award for which you are seeking the exception. |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (b) |
| Guidelines for addressing exception |
| Diminish the credibility of audits, reports, analyses, studies and policy recommendations whose data or findings must be seen as independent |
| State what data, studies, or other deliverables will be produced under the USAID funded award, and explain why the data, studies, or deliverables must be seen as credible. |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (c) |
| Guidelines for addressing exception |
| Undercut host-country government “ownership” of constitutions, laws regulations,, policies, studies, assessments, reports, publications, surveys or audits, PSAs, or other communications better positioned as “by” or “from” a cooperating country ministry, organization or government official. |
| Identify the item or media product produced under the USAID funded award, and explain why each item or product, or category of item and product, is better positioned as an item or product produced by the cooperating country government. |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (d) |
| Guidelines for addressing exception |
| Impair the functionality of an item, such as sterilized equipment or spare parts. |
| Identify the item or commodity to be marked, or categories of items or commodities, and explain how marking would impair the item’s or commodity’s functionality. |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (e) |
| Guidelines for addressing exception |
| Incur substantial costs or be impractical, such as items too small or other otherwise unsuited for individual marking, such as food in bulk. |
| Explain why marking would not be cost beneficial or practical. |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (f) |
| Guidelines for addressing exception |
| Offend local cultural or social norms,, or be considered inappropriate on such items as condoms, toilets, bed pans, or similar commodities |
| Identify the relevant cultural or social norm, and explain why marking would violate that norm or otherwise be inappropriate |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (g) |
| Guidelines for addressing exception |
| Conflict with international law, such as the international recognized neutrality of the International Red Cross (IRC) or other organizations. |
| Identify the applicable international law that is conflicted by marking. |
| Country(ies): |
| Item: Description |
| Explanation: |
| Exception 320.3.2.5 (h) |
| Guidelines for addressing exception |
| Deter achievement of program goals, such as cooperating with other donors or ensuring repayment of loans |
| Identify the applicable program goals and identify other donors or explain how marking will deter achievement. |
| Country(ies): |
| Item: Description |
| Explanation: |
REQUEST FOR WAIVERS FOR CONTRACTS
ADS 320.3.2.6 Waivers are approved by the Principal Officer. Waivers are determined on the following criteria:
“The USAID Principal Officer has this authority to waive, in whole or in part, USAID marking requirements. The Principal Officer may only exercise this authority if he/she determines that USAID-required markings would pose compelling political, safety, or security concerns, or that marking has had or will have an adverse reaction in the cooperating country. In exception circumstances, the Principal Officer may approve a blanket waiver by region or country.” Please see ADS 320.3.2.6 for more information on waivers.
Contract Officers (CO) do not make waivers. However, only the CO has the authority to inform the contractor of a waiver decision and to direct the contractor to comply with it. A waiver decision may constitute a change to the contract terms and conditions, and only the CO has the authority to issue a change order to the contract. USAID contractors may request waivers of the Marking Plan, in whole or in part, through the CO, with the COR then assisting in processing a waiver request to the Principal Officer.