Attachment J.19 - ADS 320 Branding and Marking Updated on 02_05_2020.pdf

ADS Chapter 320

Branding and Marking

Full Revision Date: 02/05/2020 Responsible Office: LPA File Name: 320_020520

Functional Series 300 – Acquisition and Assistance ADS 320 – Branding and Marking POC for ADS 320: Jane Silcock, (202) 712-1360, jsilcock@usaid.gov

This chapter has been revised in its entirety.

Table of Contents

320.1 OVERVIEW

320.2 PRIMARY RESPONSIBILITIES

320.3 POLICY DIRECTIVES AND REQUIRED PROCEDURES

320.3.1 General

320.3.1.1 Coordination of Policy on Branding and Marking

320.3.1.2 Pre-Award Procedures

320.3.1.3 Post-Award Procedures

320.3.1.4 Administrative Communications

320.3.1.5 Business Cards

320.3.2 Branding and Marking in USAID’s Direct Contracts

320.3.2.1 Branding Strategy for Contracts

320.3.2.2 Branding Implementation Plans for Contracts

320.3.2.3 Marking Plans for Contracts

320.3.2.4 Requirements for Marking Plans for Contracts

320.3.2.5 Exceptions to Marking Requirements for Contracts

320.3.2.6 Waivers to Marking Requirements for Contracts

320.3.3 Requirements for Branding and Marking for Assistance Awards

320.3.3.1 Co-Branding and Co-Marking for Assistance Awards

320.3.3.2 Requirements for Branding and Marking for Specific Grants, Cooperative

Agreements, or Other Assistance Awards

320.3.3.3 Waivers to the Requirements for Marking for Assistance Awards

320.3.4 Requirements for Branding and Marking for Other Types of

Implementation Mechanisms

320.3.4.1 Presidential Initiatives and Interagency Federal Initiatives Implemented

Solely with USAID’s Funding

320.3.4.2 Programs, Projects, or Activities Funded through Agreements between USAID and Other Participating U.S. Government Departments and Agencies or Other Donors

320.3.4.3 Bilateral Agreements: Brand and Mark Appropriately

320.3.4.4 Commodity-Import Projects (CIPs)

320.3.4.5 USAID’s Loan Programs

320.3.4.6 Food for Peace (FFP) Program

mailto:jsilcock@usaid.gov

02/05/2020 Full Revision

ADS Chapter 320 3

320.3.5 Non-Applicability

320.3.6 USAID’s Identity

320.3.6.1 Design, Size, Placement, and Proportion

320.3.6.2 Obtaining the USAID Identity

320.3.6.3 Costs of Branding and Marking

320.3.7 Noncompliance

320.3.8 Audit of Requirements for Marking

320.4 MANDATORY REFERENCES

320.4.1 External Mandatory References

320.4.2 Internal Mandatory References

320.5 ADDITIONAL HELP

320.6 DEFINITIONS

ADS Chapter 320 4

ADS 320 – Branding and Marking

320.1 OVERVIEW

Effective Date: 02/05/2020

By law, programs, projects, activities, public communications, and commodities funded under the authority of Section 641 of the Foreign Assistance Act of 1961, as amended (FAA) and the annual appropriations acts must be identified appropriately overseas as American aid. Consistent with this statutory requirement, the U.S. Agency for International Development (USAID) mandates that all the Agency’s assistance be identified as American aid, except in rare circumstances, as noted below. Identifying assistance as American aid is critical to achieve the foreign-policy objectives of the United States and appropriately provides credit to U.S. taxpayers, who generously fund foreign assistance.

This ADS chapter lays out USAID’s policies and procedures for identifying foreign assistance as American aid. Note: The U.S. Department of State has its own policy for marking its projects with the U.S. flag, but that policy does not apply to USAID’s programs, projects, activities, public communications, and commodities.

More specifically, this ADS chapter outlines USAID’s policies and procedures on branding and marking using the “USAID Identity.”

“Branding” refers to the naming of a program, project, or activity, as well as the communication of USAID’s sponsorship of the program, project, or activity.

“Marking” refers to affixing the USAID Identity or other approved logos to “deliverables” associated with a program, project, or activity (for example, project signage). Marking communicates USAID’s financial and technical support for the provision of the deliverables.

The “USAID Identity” is the trademark, by commercial usage, of USAID. As detailed in the USAID Graphic Standards Manual and Partner Co-Branding Guide, the USAID Identity, or logo, consists of the USAID seal and brandmark with the tagline, “From the American People.”

This ADS chapter addresses marking and branding requirements for both acquisition and assistance. While many sections apply to both acquisition and assistance, some sections are specific to particular instruments. Section 320.3.2 governs USAID’s direct contracts. Section 320.3.3, in conjunction with Section 700 of Title 2 of the Code of Federal Regulations (CFR) et seq., governs grants and cooperative agreements, whether to U.S. or non-U.S. non-governmental organizations. Section 320.3.4 governs other types of implementing instruments. The policies and provisions in this ADS chapter apply regardless of whether USAID funds the contract, grant, cooperative agreement, or other instrument in full or in part with appropriated or non-appropriated funds (such as gifts or funds provided by other governments or donors) administered by the Agency.

http://www.usaid.gov/ads/policy/faa http://www.usaid.gov/ads/policy/faa https://www.usaid.gov/branding/gsm

ADS Chapter 320 5

As explained more fully in Section 320.3.1.2, Pre-Award Procedures, all USAID implementing partners are required to have a USAID-approved Branding Strategy and Marking Plan. Marking Plans may receive rare exceptions and waivers, both of which alter the requirement to mark in activity-specific ways and apply when USAID wishes to avoid marking for programmatic reasons (e.g., to avoid undermining the credibility of support for elections processes or drafts of constitutions or laws, or to preserve the independence of the media). USAID should approve exceptions incorporated into a Marking Plan before finalizing an award (see Sections 320.3.1.2 and 320.3.2.5).

Waivers are ad hoc, usually arise post-award, and reflect situational exigencies. USAID will only grant waivers in rare circumstances, after considerable deliberation and analysis, and they will be narrowly targeted in terms of geography, time, and programmatic application. When USAID grants either an exception or a waiver, cognizant Agency staff should develop, whenever possible, alternate, effective, but less-risky means of communicating the essential message of financial support by the U.S.

Government and the American people for programs, projects, activities, public communications, and commodities funded by USAID.

Additional guidance on branding and marking appears in the USAID Graphic Standards Manual and Partner Co-Branding Guide and in Section 700 of Title 2 of the CFR, which applies as a matter of law to assistance funded by U.S. taxpayers.

320.2 PRIMARY RESPONSIBILITIES

a. The Administrator of the United States Agency for International Development (A/AID) determines the overall public diplomacy and outreach policies of USAID, and approves the use of additional or substitute logos to the USAID Identity for presidential or other high-level interagency initiatives, in accordance with Sections 700.1 and 700.16 of Title 2 of the CFR. In addition, the Administrator must provide concurrence for a Principal Officer’s determination to issue a blanket waiver by region or country from the requirements for marking and branding outlined in this ADS chapter.

b. USAID’s Principal Officers are responsible for the following:

1) Explaining USAID’s requirements for branding and marking or designating a USAID employee to communicate such requirements to Mission staff;

counterpart host-country officials; the U.S. Embassy, including the Ambassador or U.S. Chief of Mission, and Public-Affairs Section; and other relevant host-country and U.S. Government officials and agencies that co-fund or co-manage programs, projects, or activities;

2) Deciding, in consultation with the Operating Unit’s cognizant Assistant Administrator (AA), Contracting Officer/Agreement Officer (CO/AO), Resident Legal Officer (RLO) or the Office of the General Counsel (GC) in USAID/Washington (USAID/W), and the Senior Advisor for Brand-Management in the Bureau for Legislative Affairs (LPA), whether to approve or deny requests https://www.usaid.gov/branding/gsm https://www.usaid.gov/branding/gsm https://www.govinfo.gov/app/details/CFR-2015-title2-vol1/CFR-2015-title2-vol1-part700 https://www.govinfo.gov/app/details/CFR-2015-title2-vol1/CFR-2015-title2-vol1-part700

ADS Chapter 320 6 for waivers of marking requirements, and for administering the other required procedures in this ADS chapter (see Section 320.3.2.6.); and

3) Consulting with the Directors of the Offices of Transition Initiatives (OTI) and U.S.

Foreign Disaster Assistance (OFDA) in the Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) in USAID/W on their exercise of waiver authority for DCHA/OTI and DCHA/OFDA projects that are taking place in the Principal Officer’s country or region of responsibility (see Section 320.2.k, to ensure consistency in waivers across the Agency).

c. Contracting Officers (COs) and Agreement Officers (AOs) are responsible for the following:

1) Approving the Branding Strategies or Branding Implementation Plans and Marking Plans of USAID’s implementing partners. This includes approving or disapproving—in consultation with the Principal Officer, Requiring Office1, RLO or USAID/W/GC, and Development Outreach and Communications Officers (DOCs) at Missions or Bureau/Office Communicators for Washington-managed activities—any exceptions to marking requirements (see Section 320.3.2.5.);

2) Including the applicable policy directives and required procedures in this ADS chapter in solicitations and implementing award documents for acquisition and assistance;

3) Administering contracts and assistance awards to ensure the implementing partner and any sub-awardees carry out the requirements for branding and marking in the award and sub-award and taking appropriate action in cases of non-compliance (see Section 320.3.8.); and

4) Filing in the Agency Secure Image and Storage Tracking System (ASIST) all waivers approved by Principal Officers (see ASIST File Guide).

d. The Requiring Office (RO) ensures that the documentation to support the solicitation and implementing award includes the appropriate requirements for branding and marking; to the extent possible, the RO should identify to the CO/AO in advance any programmatic exceptions for inclusion in the solicitation; and assists in the review of proposed Branding Strategies, Branding Implementation Plans, and Marking Plans, as directed by the cognizant AO or CO.

e. Contracting Officer’s Representatives (CORs)/Agreement Officer’s Representatives (AORs) are responsible for the following:

1 The “Requiring Office” is the office that requires and manages a contract, grant, or cooperative agreement (which usually consists of the Development Objective Team, including the Activity Manager).

https://pages.usaid.gov/M/OAA/asist-documentation

ADS Chapter 320 7

1) Monitoring compliance by USAID’s contractors, assistance recipients, and other implementing partners with the Agency’s branding and marking requirements, in accordance with the relevant provisions in the contract, grant, cooperative agreement, or other funding mechanism; this includes ensuring that USAID contractors are marking deliverables only with the USAID Identity and are not using the contractor’s own logo or other identity, and that assistance recipients are using the USAID Identity in addition to their logo or other identity in the approved Branding Strategy and Marking Plan.

2) Ensuring, at all times, strict compliance with Branding Strategies and Marking Plans, including the marking of all required deliverables with the USAID Identity.

Site visits, whether by AORs/CORs or by high-level delegations such as the Agency’s leadership, Members of Congress and their staff, or other very important people (VIPs), provide the opportunity to verify that the project site and all project deliverables are marked properly:

a. AORs/CORs must remind implementing partners of marking requirements before a site visit and verify compliance during the visit.

b. If approved exceptions or waivers result in the absence of marking of a project site or deliverables, the AOR/COR should explain the reasons for the absence of marking to visiting delegations, to avoid a misperception of non-compliance.

3) Taking remedial action, as directed by the cognizant AO/CO, when an implementing partner fails to comply with the requirements for branding and marking in its award or in this ADS chapter; and

4) Helping to process requests from implementing partners for programmatic exceptions (either pre- or post-award), full or partial waivers, or other modifications to an approved Marking Plan, in accordance with the terms of the award.

f. Bureau/Office Communications Officers, Mission DOCs, Program Officers, or other designees are responsible for the following:

1) Providing guidance to USAID’s staff and implementing partners on graphic design and communicating the Agency’s policy directives and required procedures on branding and marking in this ADS chapter; the Agency’s regulations at Section 700 of Title 2 of the CFR et seq.; and the USAID Graphic Standards Manual and Partner Co-Branding Guide;

2) Serving, as needed, as the liaison between a USAID Mission and the Public- Affairs Section at a U.S. Embassy or to other U.S. Government Departments and Agencies to advance the U.S. Government’s public-diplomacy and foreign-policy goals;

ADS Chapter 320 8

3) Reviewing, as requested, Branding Strategies, Marking Plans, and Branding

Implementation Plans;

4) Consulting, as requested by the AO/CO, on requests for exceptions to marking requirements; and

5) Executing guidance in the Post Disaster Response Branding and

Communications Guide to ensure USAID’s brand is memorialized following a disaster.

g. The Bureau for Legislative and Public Affairs (LPA) and the Senior Advisor for Brand-Management in LPA are responsible for the following:

1) Developing and updating the Agency’s policy directives and required procedures on internal and external branding, as reflected in the USAID Graphic Standards Manual and Partner Co-Branding Guide;

2) Ensuring that USAID’s staff and partners understand and comply with the Agency’s official graphic standards;

3) Providing advice and guidance on design solutions to problems with branding and marking;

4) Consulting with the USAID/GC and the Bureau for Management (M) on revisions to the Agency’s policy directives and required procedures on branding and marking, including this ADS chapter;

5) Providing information on USAID’s policy directives and required procedures on branding and marking to the Administrator and the Agency’s Senior Officials, Congress, the Office of Management and Budget (OMB), the U.S. Department of State, and other Federal Departments and Agencies, as needed;

6) Maintaining a record of all approved waivers and ensuring waivers do not extend beyond the timeline approved;

7) Consulting with the Principal Officer, cognizant AA, and USAID/GC or RLO, on determinations related to waivers; and

8) Maintaining ADS 320, Branding and Marking.

h. Cognizant Assistant Administrators (AAs) are responsible for the following:

1) Ensuring compliance with USAID’s policy directives and procedures on branding and marking by their Bureau/Office staff;

https://drive.google.com/file/d/0B3jjCzuzOk4vTFJqVWN6SXIzblhNOGlwUUd3eDNFTlNBVGFF/view?usp=sharing https://www.usaid.gov/branding/gsm http://www.usaid.gov/ads/policy/300/320

ADS Chapter 320 9

2) Consulting with the cognizant Principal Officer, the Senior Advisor for Brand- Management in LPA, and the RLO or USAID/GC, when the relevant Principal Officer is determining whether to approve a waiver;

3) Adjudicating appeals by implementing partners of denied waiver requests; and

4) In exceptional cases, requesting the Administrator’s approval of a determination for an implementing partner to use an additional or substitute logo, as provided in Section 320.3.4.1.

i. The Office of the General Counsel (GC) and Resident Legal Officers (RLOs) are responsible for the following:

1) Providing legal advice to the Agency’s staff in interpreting this ADS chapter and related policies and regulations on branding and marking, including by reviewing waivers of marking requirements and appeals of denied waiver requests;

2) Assisting a Mission or the AO from a RO in negotiating the branding and marking terms in grants to foreign governments, other bilateral agreements, and interagency agreements; and

3) Consulting with cognizant Principal Officers on waiver requests, and with cognizant AO/COs on programmatic exceptions.

j. The Bureau for Management, Office of Acquisition and Assistance (M/OAA) ensures that ADS chapters pertaining to policy on acquisition and assistance contain current policy directives and required procedures on branding and marking; and advises COs and AOs (and through them, AORs and CORs) concerning their responsibilities as detailed in this ADS chapter.

k. The Directors of the Offices of Transition Initiatives (OTI) and U.S. Foreign Disaster Assistance (OFDA) in the Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) in USAID/W implement the policy directives and procedures in this ADS chapter concerning waivers with regard to the programs they administer (see Section 320.3.2.6). They also consult with the Principal Officer in the relevant country in which they are considering any waiver for a program, as well as the Assistant Administrator (AA) for DCHA, GC/RLO, CO/AO, and the LPA Senior Advisor for Brand-Management, and for ensure consistency in their exercise of waiver authorities with the overall approach to branding and marking of the Mission or other Operating Unit in the specific country concerned. Please note that for DCHA/OFDA and DCHA/OTI, the cognizant AO/CO administers the policies for programmatic exceptions policies in this ADS chapter and Section 700.16 of Title 2 of the CFR.

320.3 POLICY DIRECTIVES AND REQUIRED PROCEDURES

320.3.1 General

ADS Chapter 320 10

All employees involved in the implementation and delivery of USAID’s programs, projects, activities, public communications, and commodities must support and enforce the requirement that, except in rare circumstances set forth below, all USAID-funded foreign assistance be identified appropriately overseas as American aid.

320.3.1.1 Coordination of Policy on Branding and Marking

USAID’s Principal Officers and heads of Operating Units must designate an Agency staff member (usually the DOC or alternate from the Program Office in the field, and Bureau/Office Communications Officers in USAID/W) to be responsible for communicating USAID’s policies on branding and marking to other staff in the Operating Unit (see Section 320.2.e (1)). The DOC and Bureau/Office Communications Officers should participate in formulating the required components of branding and marking in the design phase of any new program, project, activity, purchase of commodities, or other deliverable. The DOC or designee must stay apprised of any guidance on branding and marking from a U.S. Embassy or the U.S. Government interagency, or country-specific contextual information, that could affect USAID’s policy on branding and marking.

320.3.1.2 Pre-Award Procedures

For acquisition awards, USAID’s approach is more directive because the Agency is acquiring goods or services from the contractor, which is not implementing its own program. For USAID’s contracts, the RO prepares the Branding Strategy (BS) for inclusion in the Request for Proposal (RFP) or Request for Task Order Proposal (RFTOP). The BS must note whether USAID would consider programmatic exceptions to its requirements for branding and marking; a waiver of these requirements because of known, current, and compelling political, safety, or security concerns; or Administrator determinations, such as those for presidential initiatives, as provided in Section

320.3.4.1. Offerors respond by preparing the Branding Implementation Plan and Marking Plan (see Sections 320.3.2.1, 320.3.2.2, and 320.3.2.3).

For assistance awards, USAID’s approach is more consultative because the recipient might have a cost-share requirement that reflects its own contributions to the program.

For USAID’s assistance awards (see Section 320.3.3) and as above with acquisition awards, the RO must note the specific standards for branding and marking that apply, including any USAID-proposed exceptions, waivers, or special Administrator determinations, for inclusion in the Notice of Funding Opportunity (NOFO). The Apparently Successful Applicant (with which USAID is negotiating the assistance award) prepares and submits the BS that USAID and the organization will negotiate and finalize as part of the assistance award (see Section 320.3.3.2, and Section 700 of Title 2 of the CFR). The Apparently Successful Applicant also submits a Marking Plan in accordance with the specifications of the NOFO.

ADS Chapter 320 11

In addition to any USAID-proposed exceptions or waivers in the RFP or NOFO, prospective contractors and Apparently Successful Applicants may also request exceptions in their submitted Marking Plans. Exceptions are rare, programmatic in nature, and reflect the categories of foreign assistance USAID generally does not want marked. USAID should approve exceptions pre-award but may also approve them post-award when appropriate (see Section 320.3.2.5 for exceptions to USAID’s requirements for marking under contracts and Section 320.3.3.2 and Section 700 of Title 2 of the CFR for exceptions to USAID’s requirements for marking under assistance). Please note that, in contrast to waivers for compelling political, safety, and security concerns, approved by the Principal Officer, the cognizant CO/AO approves programmatic exceptions.

Although the COs/AOs determine whether to approve exceptions to marking requirements, they should consult on proposed exceptions with the Principal Officer, RO, RLO, and Development Outreach and Communications Officer at Missions or Bureau/Office Communications Officer for Washington-managed activities. The Senior Advisor for Brand-Management has the authority to overrule determinations for exceptions in the field if necessary, to resolve disputes (see 320.3.2.5).

COs/AOs must file all approved waivers in ASIST (see the ASIST Filing Guide).

320.3.1.3 Post-Award Procedures

Immediately after making an award, the CO/AO must brief the USAID contractor or recipient on the Agency’s monitoring and enforcement of the approved Marking Plan and related marking requirements. The CO/AO must coordinate with the COR/AOR and/or Program Officer or other designee and emphasize to them and the implementing partner that USAID may consider failure to meet marking requirements as non-compliance with the contract, assistance award, or other funding mechanism, and that the Agency’s requirements for branding and marking are subject to programmatic audit and oversight. COs/AOs must also stress the importance of project-site marking (and the verification of marking for Agency, Congressional, or other high-level visits to project sites).

After award, CORs/AORs serve as USAID’s point-of-contact for reviewing materials and answering questions from implementing partners. As the individual with the most direct knowledge of the implementing partner’s activities under the award, the COR/AOR is responsible for monitoring compliance with the Agency’s requirements for marking and branding, as follows:

For contracts, the COR checks to make sure the contractor complies with its Branding Implementation Plan (see Section 320.3.2.2) and Marking Plan (see Section 320.3.2.3) as incorporated into the award; and

For grants and cooperative agreements, the AOR monitors the recipient’s compliance with its BS and Marking Plan (see Section 320.3.3).

https://www.govinfo.gov/app/details/CFR-2015-title2-vol1/CFR-2015-title2-vol1-part700 https://pages.usaid.gov/M/OAA/asist-documentation

ADS Chapter 320 12

If CORs/AORs note any cases of non-compliance, or if they receive any allegations of non-compliance, they must alert the CO or AO, and they must then determine the actual facts of the matter. If the contractor or recipient is not complying with the requirements for branding and marking specified in the award, then the CO or AO must take appropriate action (see Section 320.3.8).

CORs/AORs carry out other administrative duties described in this ADS chapter, such as processing requests for waivers from implementing partners to the Principal Officer for review and determination (see Section 320.3.2.6). To carry out these duties effectively, the COR/AOR must seek guidance from the CO/AO, and, in addition, may seek guidance as needed from the RLO, DOC/Program Office, Bureau/Office Communications Officers, or the Agency’s Senior Advisor for Brand-Management in

LPA.

COs/AOs must follow the filing procedures for ASIST (see the ASIST Filing Guide).

320.3.1.4 Administrative Communications

USAID’s 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 a host-country government concerning a contractor’s compliance with local law, including tax, customs, or other provisions. The USAID Identity is also prohibited on communications from contractors and recipients related to the administration of an award, such as hiring/firing staff or renting office space and/or equipment. USAID’s CORs/AORs, COs/AOs, and RLOs are available to advise partners about USAID’s implementation of framework bilateral and other agreements with host-country governments.

320.3.1.5 Business Cards

Contractors and recipients may include wording on their employees’ business cards to identify that their staff members are working on a USAID-funded activity (“USAID Contractor” or “USAID Grantee," as appropriate). If the contractor or grantee elects to identify employees as stated above, the contractor or grantee may also include the name of the USAID-funded program (see Section 320.3.2 or Section 700 of Title 2 of the CFR). However, business cards must not use the USAID Identity, and designs and layouts used must make it clear that the employee is not an employee of USAID.

320.3.2 Branding and Marking in USAID’s Direct Contracts

https://pages.usaid.gov/M/OAA/asist-documentation

ADS Chapter 320 13

USAID’s policy requires exclusive branding and marking in USAID’s direct acquisitions that use any source of funds, except as stated elsewhere in this ADS chapter (see Sections 320.3.2.5, 320.3.2.6, and 320.3.6).

“Exclusive” means that contractors and sub-contractors must not use their corporate identities or logos on USAID-funded program materials (see Section 320.3.7 for details on the use of manufacturers’ trademarks).

320.3.2.1 Branding Strategy for Contracts

The RO must develop a BS when preparing the requirement description (Statement of Work (SOW) or Statement of Objectives (SOO)) for a planned acquisition, including a Task Order under ordering instruments, such as indefinite-delivery/indefinite-quantity contracts or contracts under schedules maintained by the General Services Administration. The BS must identify the following:

The name of the program, project, or activity;

How the contractor will communicate sponsorship (i.e., as "from the American People," "jointly sponsored” by USAID and the host-country government, or in some other way);

How to maximize credit for the assistance provided by the American people through USAID; and

Any other organization(s) (typically, host-country governments or other donors) to acknowledge.

Websites funded by USAID but created and managed by contractors should be marked with the USAID Identity, along with appropriate content disclaimers to reflect that USAID does not own or control such websites and is not responsible for their content.

320.3.2.2 Branding Implementation Plans for Contracts

Existing or prospective contractors develop a Branding Implementation Plan (BIP) to describe how they will promote a program to beneficiaries and host-country citizens. It outlines the events (press conferences, site visits, etc.) and materials (success stories, public-service announcements (PSAs), etc.) the contractor will organize and produce to communicate the funding for the program is from the American people.

As stated in Section 320.3.2.1, the BS is part of USAID’s requirements for contracts, so COs must ensure that the Agency’s contract solicitations include a BS and instruct offerors to prepare a BIP to implement the BS. These instructions must require that BIPs specifically address the following:

ADS Chapter 320 14

How to incorporate the message, “This assistance is from the American people,” in communications and materials directed to beneficiaries, or provide an explanation if this message is not appropriate or possible;

How to publicize the program, project, or activity in the host country and a description of the communication tools the contractor will use. Such tools can include the following:

▪ Press releases;

▪ Press conferences;

▪ Media interviews;

▪ Site visits;

▪ Success stories;

▪ Testimonials from beneficiaries;

▪ Professional photography;

▪ Public Service Announcements (PSAs);

▪ Videos;

▪ Webcasts;

▪ E-invitations or group emails;

▪ Social media; and

▪ Other Internet activities, etc.

The key milestones or opportunities anticipated to generate awareness that the program, project, or activity is from the American people, or an explanation for the reasons why branding and marking is not appropriate or possible:

o Such milestones can be linked to specific points in time, such as the beginning or end of a program, or to specific opportunities, such as the publication of research findings or program successes.

o Milestones can include, but are not limited to, the following:

▪ Launching the program;

▪ Announcing research findings;

▪ Publishing reports or studies;

▪ Spotlighting trends;

▪ Securing endorsements from ministries or local non-governmental organizations; and

▪ Communicating the impact/overall results of the program.

320.3.2.3 Marking Plans for Contracts

Existing or prospective contractors develop a Marking Plan to ensure the proper marking of all items in accordance with this ADS chapter. All of USAID’s direct

ADS Chapter 320 15 contracts must incorporate a Marking Plan that details the public communications, commodities, program materials, and other items that will bear the USAID Identity in a visible way.

As stated in Section 320.3.2, USAID’s policy is that programs, projects, activities, public communications, and commodities implemented or delivered under contracts and sub-contracts exclusively funded by USAID are marked exclusively with the USAID Identity.

Except for the manufacturer’s trademark on a commercial item (see Section 320.3.7), the corporate identities or logos of contractors or sub-contractors are not permitted on USAID-funded program materials and communications, unless specified in the USAID Graphic Standards Manual and Partner Co-Branding Guide. Where appropriate, contractors may add a host-country symbol or ministry logo, or another U.S.

Government logo or that of another donor that is funding the project.

Section 320.3.2.4 describes what the Marking Plan must address. Section 320.3.2.5 lists exceptions to marking requirements.

320.3.2.4 Requirements for Marking Plans for Contracts

Contracting Officers must ensure that Marking Plans incorporated in USAID direct contracts specifically address the following contract deliverables or performance requirements, as applicable:

a. Grants under contracts (GUC): While prime contracts are exclusively branded and marked with the USAID Identity, grants under contract, when authorized in accordance with ADS 302, USAID Direct Contracting, must be branded and marked like grants. In short, GUCs follow the same rules for branding and marking rules as assistance awards. This means that while a contractor may not use its logo or identity on project deliverables, the non-governmental organization (NGO), local government entity, or other local partner that is a recipient of a GUC may use its logo or other identity to “co-brand” and “co-mark” (see Section 320.3.3). The contractor is responsible for including requirements for branding and marking for these grants in its Branding Implementation Plan and Marking Plan, as part of its overall responsibility for managing grants under its contract.

b. USAID reserves the right to request pre-production review of USAID-funded public communications and program materials for compliance with USAID’s graphic standards and the approved Marking Plan.

c. USAID reserves the right to provide guidance on USAID-funded social media communications which must be in compliance with ADS 558, Use of Social Media for Public Engagement.

All of the above requirements are subject to USAID-approved exceptions (see Section 320.3.2.5) and waivers (see Section 320.3.2.6).

http://www.usaid.gov/ads/policy/300/302 http://www.usaid.gov/ads/policy/500/558 http://www.usaid.gov/ads/policy/500/558

ADS Chapter 320 16

The Branding and Marking Monitoring and Verification form serves as a tool to assist the COR in monitoring compliance with marking requirements for contract.

320.3.2.5 Exceptions to Marking Requirements for Contracts

The following exceptions reflect USAID’s usual, non-emergency practices in not marking certain contract deliverables for programmatic reasons. The CO—in consultation with the Principal Officer, RO, GC/RLO, and DOCs at Missions or Bureau/Office Communications Officers for USAID/W-managed activities—may grant an exception to marking requirements, if marking of specifically identified contract deliverables would:

a. Compromise the intrinsic independence or neutrality of a program or materials for which independence or neutrality is an inherent aspect. This includes, but is not limited to, the following:

Election-monitoring materials or ballots and voter information literature;

Support for political parties or advocacy for public policy or reform;

Support for independent media, such as television and radio broadcasts, and newspaper articles and editorials;

PSAs; and

Public-opinion polls and surveys;

b. Diminish the credibility of audits, reports, analyses, studies, or policy recommendations whose data or findings must be seen as independent;

c. Undercut host-country government “ownership” of constitutions, laws, regulations, policies, studies, assessments, reports, publications, surveys, audits, PSAs, or other communications better positioned as “by” or “from” a ministry, organization, or government official;

d. Impair the functionality of an item, such as sterilized equipment or spare parts;

e. Incur inordinate costs or be impractical, such as items that are too small or otherwise unsuited for individual marking;

f. Offend local cultural or social norms, or otherwise be considered inappropriate, such as marking condoms, toilets, bed pans, or similar commodities;

http://www.usaid.gov/ads/policy/300/320sab

ADS Chapter 320 17

g. Conflict with international law, such as the internationally recognized neutrality of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, or other organizations; or

h. Deter the achievement of programmatic goals, such as cooperating with other donors or ensuring the repayment of loans.

The CO’s determination that an exception does not apply is not subject to a separate appeal process by the contractor, but the normal procedures for awarding or administering a contract may address it. The Senior Advisor for Brand-Management in LPA can advise on determinations in the field if necessary to resolve disputes.

For funding, agreements, activities, and items (such as contractor’s or recipient’s offices, vehicles, and non-deliverable items) that are exempt from the requirements of this chapter, see Section 320.3.5.

320.3.2.6 Waivers to Marking Requirements for Contracts

a. USAID’s Principal Officers have the authority to waive, in whole or in part, the

Agency’s marking requirements. A Principal Officer may not re-delegate this authority, but officials who are serving in an acting capacity may exercise it.

A Principal Officer must consult with the responsible Bureau/Office AA, the cognizant RLO/GC, and the cognizant CO/AO, and must seek clearance from the Agency’s Senior Advisor for Brand-Management in LPA, before approving a waiver.

A Principal Officer may only grant a waiver upon determining that USAID-required markings would pose compelling political, safety, or security concerns, or that marking would have an adverse impact in the host country.

In truly exceptional circumstances, the Principal Officer may approve a blanket waiver by region or country. Such blanket waivers must include a compelling explanation of need. Through such a waiver, the Principal Officer may also authorize the removal of USAID markings already affixed, if circumstances warrant.

The Principal Officer must seek Administrator concurrence prior to making a determination to issue a blanket waiver for a region or country.

When evaluating a request for a waiver from an implementing partner, the Administrator or a Principal Officer must adhere to the following principles:

USAID marks programs, projects, activities, public communications and commodities;

Waivers should be exceptional and rare; the strong presumption is that implementing partners will mark with the USAID Identity;

ADS Chapter 320 18

Waivers must be targeted (e.g., to specific projects) whenever possible;

Waivers must be time-limited and reviewed by the cognizant Principal Officer and the Agency’s Senior Advisor for Brand-Management in LPA at least every six months;

When there is a balance in considerations, USAID’s policy is to err on the side of safety;

When considering a waiver for safety or security concerns, a Principal Officer must consult with the Regional Security Officer (RSO) or Emergency Action Committee at the relevant U.S. Embassy or Embassies, if available;

A Principal Officer must consider the same information that applies to determinations of the safety and security of U.S. Government employees in the host country, along with any information supplied by the contractor that is seeking the waiver;

While compelling political, safety, or security considerations can arise suddenly, they do not do so in a vacuum; Principal Officers should consider the approach to branding and marking taken by other U.S. Government entities that are operating in the same area or context, as well as the approach used by other bilateral or multilateral donors, including strategic competitors;

Principal Officers must not approve “default” waivers based on historical practices; any approved waiver must reflect current political, safety, and security circumstances; and

Principal Officers should rescind waivers as soon as circumstances allow.

Whether initiated by contractors (see Section 320.3.2.6 b), USAID staff, or Principal Officers, a request for a waiver must include a written justification that follows the standard waiver format (see Marking Waiver Template), which outlines the required clearances, specific considerations and criteria necessary to meet for approval of a waiver. All requests for waivers and amendments must use this format.

No marking that fits within the scope of a request for a waiver is required while the request is pending. Moreover, USAID’s implementing partners may remove the existing USAID Identity on USAID-funded property or other deliverables if there is a clear and present danger to persons or property, but must submit a waiver request as soon thereafter as possible.

Only the CO has the authority to inform a contractor of a decision on a waiver and to direct the contractor to comply with it. A decision on a waiver may constitute a http://www.usaid.gov/ads/policy/300/320maa

ADS Chapter 320 19 change to the terms and conditions of a contract, and only the CO has the authority to issue a modification to the contract.

Once the Administrator or a Principal Officer has approved, amended, or rescinded a waiver, the Principal Officer must work with the CO to file the waiver, amendment, or rescission in ASIST (see the ASIST Filing Guidance), and must notify the cognizant Regional/Technical Bureaus and the Senior Advisor for Brand- Management in LPA of the approval, amendment, or rescission.

At least every six months, each Principal Officer must review existing waivers and notify the cognizant Regional/Technical Bureaus and the Senior Advisor for Brand- Management in LPA of the status of the waivers in a Note to the File, which the relevant COs much upload in ASIST (see the ASIST Filing Guidance). As emphasized above, Principal Officers should rescind waivers as soon as circumstances allow. See Section 320.3.2.6.c for the policy directives and required procedures for rescinding a waiver.

Principal Officers should work with COs to fulfill the requirements for records-management, the required six-month review, and notifications of contractors that pertain to waivers.

b. USAID’s contractors may request a waiver of their Marking Plan, in whole or in part, through the CO; the COR then will assist the cognizant Principal Officer in processing the request. Because no marking that fits within the scope of a request for a waiver is required while the request is pending, the CO and COR must ensure that waiver requests reach the Principal Officer as soon as practicable. The CO must inform the contractor of the decision on a waiver in an equally timely manner.

See Section 320.3.2.6.a for details on the process and principles that govern the consideration by Principal Officers of requests for waivers.

c. Approved waivers “flow down” to sub-contractors or recipients of GUCs, unless specified otherwise.

d. Once a Principal Officer rescinds a waiver, the marking requirements in the Marking

Plan apply going forward. The CO must notify the contractor in writing when a Principal Officer rescinds a waiver and explain the effect the rescission has on the terms of, or performance under, the contract, including whether or not the rescission of the waiver constitutes a modification.

Principal Officers must advise the cognizant Regional/Technical Bureaus and the Senior Advisor for Brand-Management in LPA, immediately upon rescinding a waiver. The cognizant CO must update the contract’s file in ASIST accordingly (see the ASIST Filing Guidance).

The Principal Officer may rescind a waiver after a contractor completes the activities under a contract but before the contract is closed out. The USAID Mission or

ADS Chapter 320 20

Operating Unit with initial responsibility to administer the marking requirements must perform a cost/benefit analysis to determine whether to require USAID marking after the date of completion of the affected programs, projects, activities, or public communications, or the delivery of the commodities. This includes considering whether marking would require a modification or realignment of the contract’s budget. If the analysis supports applying the marking requirement, the CO must so notify the contractor.

e. Determinations regarding waiver requests, including a Principal Officer’s decision to deny or rescind a waiver, are subject to appeal by the contractor in writing and submitted through the cognizant COR to the cognizant AA. In deciding the appeal, the AA must consult with the Senior Advisor for Brand-Management in LPA and follow the same standards, laid out in this section, that govern decisions by Principal Officers.

320.3.3 Requirements for Branding and Marking for Assistance Awards

USAID’s policy is that programs, projects, activities, public communications, or commodities implemented or delivered under assistance instruments—such as grants, cooperative agreements, or other assistance awards—generally are “co-branded and co-marked.” In accordance with Section 700.16 of Title 2 of the CFR, this policy applies to assistance awards even when the award does not require cost-sharing (see ADS 303.3.10).

Please note that while USAID requires exclusive USAID branding and marking for acquisition awards, and co-branding with the assistance recipient for assistance awards, USAID generally manages branding and marking in a similar manner for all U.S. foreign assistance, to promote a consistent approach to branding and marking across all the Agency’s programs and maintain a brand identity that they are “from the American People.”

320.3.3.1 Co-Branding and Co-Marking for Assistance Awards

"Co-branding" and “co-marking” mean that the program, project, or activity marking represents both USAID and the implementing partner. The USAID Identity must appear on program materials produced for programmatic purposes with equivalent or greater size and prominence than the identity or logo of the implementing partner, a recipient, another donor, or any third party. Program materials include the examples set forth in Section 700.16 of Title 2 of the CFR 700.

The AO, after consulting with the Principal Officer and RO, may determine that a program's goals require that the USAID Identity be larger and more prominent, if USAID is the majority donor and the USAID-funded program, project, or activity is especially important to USAID.

http://www.usaid.gov/ads/policy/300/303

ADS Chapter 320 21

A host-country symbol or ministry logo or other U.S. Government seal or logo may also be added, if applicable. See Section 320.3.5.1 on the use of an additional or substitute logo or seal and tagline to represent a presidential, or other high-level interagency Federal initiative.

Please see the USAID Graphic Standards Manual and Partner Co-Branding Guide for further information on co-branding.

320.3.3.2 Requirements for Branding and Marking for Specific Grants, Cooperative Agreements, or Other Assistance Awards

Requirements for marking assistance, including requests for presumptive exceptions and waivers for assistance awards, must comply both with this ADS chapter and Section 700 of Title 2 of the CFR, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. By policy, USAID requires non- U.S., non-governmental organizations, including non-governmental organizations in partner countries, to follow marking requirements for assistance awards as set forth in this ADS chapter and Section 700 of Title 2 of the CFR. AOs and the relevant RO(s), with support as needed from DOCs, Bureau/Office Communications Officers, and the Senior Advisor for Brand-Management in LPA, are responsible for ensuring that Apparently Successful Applicants and recipients are familiar with the Agency’s requirements for branding and marking.

Whether in connection with a competitive award, an unsolicited proposal, or other non-competitive award, every Apparently Successful Applicant must submit a Branding Strategy and Marking Plan (see Section 320.3.1.4 regarding adding incremental funding to existing awards). The Marking Plan may include requests for the AO to approve presumptive exceptions (see Section 700.16 [g-h] of Title 2 of the CFR). A determination by an AO before the Agency makes an award that none of the presumptive exceptions applies is not subject to a separate appeal process, but the normal procedures for awarding or administering a grant may address it. A determination by an AO after the Agency makes an award that a presumptive exception does not apply is subject to the appeals process in Section 700 of Title 2 of the CFR.

The Branding and Marking Monitoring and Verification form serves as a tool to assist AORs in monitoring implementing partners’ compliance with marking requirements.

320.3.3.3 Waivers to the Requirements for Marking for Assistance Awards

a. Section 700.16 of Title 2 of the CFR and this ADS chapter govern waivers of the requirements for marking in assistance awards. Principal Officers have the authority to waive, in whole or in part, USAID’s requirements for marking in assistance awards. The same procedures and principles in Section 320.3.2.6 that govern waivers in acquisition apply to waivers in assistance: substituting, for example, “AO” and “AOR”, for “CO” and “COR”; “award” for “contract”; “Apparently Successful http://www.usaid.gov/ads/policy/300/320sab

ADS Chapter 320 22

Applicant or recipient” for “contractor”; and “sub-awardee” for “subcontractor”, with the following exceptions and additions:

If an implementing partner intends to mark with its own logo, the strong presumption is that marking with the USAID Identity is also required. In granting a waiver, the Principal Officer may require the Apparently Successful Applicant or recipient to forego marking not only with the USAID Identity but also with the applicant’s or recipient’s own logo.

Under 2 CFR 700.16(j)(1), “waivers are not limited in duration but are subject to Principal Officer review at any time due to changed circumstances.” At least every six months, each Principal Officer must review existing waivers and notify cognizant Regional/Technical Bureaus and the Senior Advisor for Brand-Management in LPA of the status of the waivers in a Note to the File to include in ASIST (see the ASIST filing guidance). Principal Officers should rescind waivers as soon as circumstances allow.

In truly exceptional circumstances, the Principal Officer may approve a blanket waiver by region or country. Such blanket waivers must include a compelling explanation of need. Through such a waiver, the Principal Officer may also authorize the removal of USAID markings already affixed, if circumstances warrant. The Principal Officer must seek Administrator concurrence prior to making a determination to issue a blanket waiver for a region or country.

320.3.4 Requirements for Branding and Marking for Other Types of

Implementation Mechanisms

This section provides policy on the requirements for branding and marking that apply to…