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320.6 DEFINITIONS................................................................................................ 25
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320.1 OVERVIEW
Effective Date: 01/08/2007
ADS 320 contains USAID’s policy directives and required procedures on branding and
marking USAID-funded programs, projects, activities, public communications, and
commodities with the USAID “Standard Graphic Identity” (or “USAID Identity.”)
“Branding” refers to how a program or project is named and positioned, who it is from; it
identifies the sponsor of the work.
The “USAID Standard Graphic Identity” is the trademark, by commercial usage, of the
United States Agency for International Development.
The policy directives and required procedures in this chapter apply to the following:
• All USAID direct contracts, in accordance with section 320.3.2;
• Grants and cooperative agreements to both U.S. and non-U.S., non-
governmental organizations (see 320.3.3); and
• Other types of implementing instruments, as more fully discussed in 320.3.4.
The policy directives and required procedures in this chapter do not apply under the
conditions stated in section 320.3.5.
ADS 320 is authorized by Section 641 of the Foreign Assistance Act of 1961, as
amended, which provides that “[p]rograms under this Act shall be identified
appropriately overseas as ‘American Aid.’” Branding and marking requirements for
assistance are also authorized by 22 CFR 226.91.
c. The Strategic Objective Team (SOT), the office that requires a contract,
grant, or cooperative agreement (the Requiring Office, or RO), or the Activity
Manager is responsible for ensuring that the documentation supporting the
solicitation and implementing award includes consideration of the appropriate
elements for branding, marking, and communicating USAID sponsorship of the
program, project, activity, public communication or commodity that USAID is
planning to fund, as required in this chapter.
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320.3.1 General
Effective Date: 01/08/2007
USAID employees must ensure that the branding and marking policy directives and
required procedures in this chapter are included in the instruments USAID uses to
implement development assistance programs and projects. To comply with the
requirement in 320.1, Overview, that all USAID-funded foreign assistance must be
branded through use of a “Branding Strategy” and marked through use of a “Marking
Plan,” employees involved in program/project implementation must ensure that our
implementing partners communicate that the assistance is from the American people.
USAID Principal Officers and heads of operating units must designate a USAID
employee (usually the DOC, or alternate from the Program Office) to be responsible for
communicating USAID branding and marking policy to other employees in the operating
unit (see ADS 320.2.e. (1)). This individual must stay apprised of any embassy,
interagency, or host-country-specific branding and marking guidance that affects USAID
branding and marking policy. This individual consults, as requested, with other
employees in the operating unit and elsewhere in the Agency who participate in
planning and achieving Strategic Objectives and in designing the activities (see ADS
201, “Planning” and 202, “Achieving”) that will implement them through the types of
instruments discussed in this chapter.
These other employees include, but are not limited to, the CO or AO, the Activity
Manager, other members of the SOT or RO (SOT/RO), legal counsel, Bureau/Office
Communications Officer, and the Senior Advisor for Brand Management (LPA). The
following policy directives and required procedures more fully describe their roles.
Under contract branding and marking procedures, the Activity Manager or RO prepares
the Branding Strategy (BS) for inclusion in the Request for Proposal (RFP) or Request
for Task Order Proposal (RFTOP), and offerors respond by preparing the Branding
Implementation Plan and Marking Plan (see 320.3.2.1, 320.3.2.2, and 320.3.2.3). For
assistance awards (see 320.3.3), the Apparently Successful Applicant for new awards
(see 320.3.1.4 regarding incremental funding added to existing awards) prepares and
submits the BS that will be negotiated and finalized as part of the assistance award
(See section 320.3.3.2, 22 CFR 226.91 and Marking Under Assistance Instruments).
The Apparently Successful Applicant also submits a Marking Plan. (Note that marking
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is not required for implementing partners’ offices, vehicles, and items they procure for its
own administrative use. See 22 CFR Part 226 and 320.3.5e.)
Immediately after award, the CO or AO must brief the USAID contractor or recipient on
USAID’s monitoring and enforcement of marking requirements. The CO/AO
coordinates with the CTO and/or Program Officer or other designee, and must
emphasize that failure to meet marking requirements may be considered
noncompliance with the contract, assistance award, or other USAID funding
mechanism.
After award, CTOs serve as the USAID point-of-contact for reviewing materials and
answering questions from the implementing partners. As the individual with the most
direct knowledge of the implementing partner’s activities under the award, the CTO is
responsible for monitoring compliance:
• For contracts, the CTO checks to make sure the contractor complies with its
Branding Implementation Plan (see 320.3.2.2) and Marking Plan (see
320.3.2.3) as incorporated into the award.
• For grants and cooperative agreements, the CTO monitors the recipient’s
compliance with its BS and Marking Plan (see 320.3.3).
If the CTO notes any cases of non-compliance, or if the CTO receives any allegations of
non-compliance, he/she must alert the CO or AO and they must then determine the
actual facts of the matter. If the implementing partner is not complying with the
branding and marking requirements in the award, then the CO or AO must take
appropriate action (see 320.3.7)
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CTOs carry out other administrative duties described in this chapter, such as processing
requests for waivers from implementing partners to the Principal Officer for review and
determination (see 320.3.2.6). In order to effectively carry out these duties, the CTO
must seek guidance from the CO/AO, RLA, Program Office/DOC, or the Agency’s
Senior Advisor for Brand Management (LPA), as needed.
Please note: Exceptions are programmatic, not circumstantial, in nature, and are usually
approved pre-award. Waivers are circumstantial, not programmatic, in nature, and are
approved in response to adverse circumstances that affect implementation.
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 CTOs, 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.
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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 226.91 (f)).
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.
The Principal Officer may establish Mission-specific policies for branding and marking,
such as limiting public signs in high-threat environments or approving any special
circumstances, such as allowing contractors to use their own corporate logos in very
rare cases, and developing Mission orders to reflect any local procedures that may
affect branding requirements in a particular country. Principal Officers must consult with
the Senior Advisor for Brand Management (LPA) as well as the Chief of Mission, Deputy
Chief of Mission, and/or the Regional Security Officer (RSO), if available, to determine if
any local conditions should be considered that may affect branding and marking
requirements in the country.
Missions must consult the responsible Bureau/Office AA and the Senior Advisor for
Brand Management (LPA) before approving a waiver or when addressing sensitive
political considerations that affect branding and marking policy in a particular Mission or
region.
USAID policy is to require exclusive branding and marking in USAID direct acquisitions
using any source of funds, except as stated elsewhere in this chapter (see 320.3.2.5,
320.3.2.6, and 320.3.5).
Except as provided in 320.3.5, ADS 320 applies to all programs, projects, activities,
public communications, and commodities funded by USAID under any direct contract or
subcontract (see ADS 302, USAID Direct Contracting). For specific guidance on
implementing this chapter in USAID direct contracts, see Branding and Marking in
USAID Direct Contracting. (For specific guidance for Assistance Awards, see section
320.3.3.)
COs and ROs must carefully consider whether or not to place any controls on the
contractor’s release or use of data that the contractor, or any subcontractor, produces in
performing the contract. In preserving the Agency’s rights, COs must ensure that
solicitations and contracts include terms and conditions, including appropriate
intellectual property provisions, that comply with the Federal Acquisition Regulation
(FAR) and USAID Acquisition Regulation (AIDAR). When the contract requires USAID
approval to release, publish, or use data first produced in performance of the contract,
the CO may only grant such consent after the Principal Officer, after consultation with
legal counsel and the Senior Advisor for Brand Management (LPA), approves.
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 assist USAID in delivering the message that the assistance
is from the American people.
As stated in 320.3.2.1, the BS is part of the contract requirements, so COs must ensure
that USAID 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:
• 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 communications tools to be used. Such tools may include the
following:
° Press releases,
° Press conferences,
° Media interviews,
° Site visits,
° Success stories,
° Beneficiary testimonials,
° Professional photography,
° PSAs,
° Videos, and
° Webcasts, e-invitations, or other e-mails sent to group lists, such as
participants for a training session blast e-mails or other Internet activities,
etc.
Specific procedures for including BIP requirements are in the mandatory internal
reference, Branding and Marking in USAID Direct Contracting.
Contract deliverables to be marked with the USAID Identity must follow design guidance
for color, type, and layout in the Graphic Standards Manual. COs must ensure that
Marking Plans incorporated in USAID direct contracts specifically address the following
specific contract deliverables or performance requirements:
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The CO’s determination that an exception does not apply is not subject to a separate
appeal process but may be handled through normal contract award or administration
procedures (See Branding and Marking in USAID Direct Contracting).
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. See Branding and Marking in USAID Direct
Contracting.
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The Principal Officer may rescind a waiver after the contractor completes the
activities under the contract but before the contract is closed out. The ACO or
the close-out CO, in collaboration with the CTO, must conduct a cost/benefit
analysis to determine whether to require marking after the date of completion of
the affected programs, projects, activities, public communications, or
commodities. If the analysis supports applying the marking requirement, the CO
must so notify the contractor. If applying the marking requirement at any time
constitutes a change order or requires funding, the cognizant CO must negotiate
a supplemental agreement to cover marking costs (See Branding and Marking
in USAID Direct Contracting).
Co-branding and co-marking mean that the program name represents both USAID and
the implementing partner, and the USAID Identity and implementer’s logo must both be
visible with equal size and prominence on program materials produced for program
purposes. Such program materials include the assistance set forth at 22 CFR 226.91
(b) – (e). Program materials do not include commodities the recipient or sub-recipient
procures for their own use in administering the USAID-funded program (in accordance
with the definition of “commodities” in 22 CFR 226.2). In short, co-funding means co-
branding and co-marking.
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However, the AO, after consulting with the activity manager/requesting office, may
determine that program goals require that the USAID Identity be larger and more
prominent, if USAID is the majority donor and the USAID funded program, project,
activity or public communication is especially visible and important to USAID.
A host-country symbol or ministry logo or other U.S. Government seal or logo may also
be added, if applicable.
Marking is not required for recipient’s offices, vehicles, and items the recipient procures
for its own administrative use (see 22 CFR Part 226.91 and 320.3.5). The prohibitions
on use of the USAID Standard Graphic Identity (see 320.3.1.5 and 320.3.1.6) apply by
USAID policy to recipients of grants and cooperative agreements.
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This section states the branding and marking requirements that apply to implementing
mechanisms other than USAID direct contracts (ADS 302) and assistance awards (ADS
303).
Framework Bilateral Agreements establish the terms and conditions under which United
States foreign assistance is provided to the cooperating country (see ADS 349). Newly
negotiated or renegotiated Framework Bilateral Agreements must include a provision
describing the appropriate use of branding and marking in implementing instruments
under the bilateral agreement.
government’s identity or logo of an equal size and prominence. In some cases, the
provision may allow for the host-country government’s identity or logo to be larger and
more prominent than the USAID Identity, depending on program needs and as
determined by the Principal Officer. The Principal Officer may waive marking
requirements in Bilateral Agreements for safety, security, or political reasons, or in the
event of actual or anticipated adverse reaction in the cooperating country.
In case of any inconsistency, the terms and conditions of the specific implementing
instruments take precedence over the general requirements of this section.
Commodities imported under CIPs must be marked in accordance with 22 C.F.R. Part
201, the requirements of this chapter, and any applicable exceptions. See 22 CFR 201,
Rules and Procedures Applicable to Commodity Transactions Financed by AID.
DCA, medium, small, microenterprise, and other USAID loan program materials must
be marked with the USAID Identity, but only to the extent that such marking does not
deter program goals, such as ensuring repayment of guaranteed loans (see
320.3.2.5h). The operating unit providing funding for the loan program must determine
whether or not the above exception to marking requirements applies at the time of
obligation of funds, and include the relevant guidance in the loan documentation.
Commodities funded under the Food For Peace (FFP) program, P.L. 480, must be
marking in accordance with 22 CFR 211.
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320.3.5 Non-Applicability
Effective Date: 01/08/2007
All use and reproduction of the USAID Standard Graphic Identity must be in compliance
with all design guidelines set forth in the USAID Standard Graphic Manual and the
USAID Partner Co-Branding Guide.
The USAID Standard Graphic Identity is the trademark, by commercial usage, of the
United States Agency for International Development. It is provided without royalty,
license, or other fee to organizations required to use the USAID Standard Graphic
Identity, in accordance with this chapter and the terms of their funding awards.
Unauthorized use of the USAID Identity without the express authorization of USAID is
prohibited. Please inform USAID/W/GC of any unauthorized uses without express
USAID approval.
Use of the USAID Identity is not intended to supplant use of a previous, legally
registered trademark or copyright on any commodity procured with USAID funding, such
as a manufacturer’s trademark on computer hardware or software purchased with
USAID funding. In such instances, the manufacturer’s mark may be used along with the
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USAID Identity (see also 320.3.2.3 and 320.3.2.4). In all cases, the provisions of
specific contracts, grants, and other implementing instruments prevail.
The USAID Standard Graphic Identity must conform in design, size, placement, and
proportion to the examples provided in the USAID Standard Graphic Manual and the
USAID Partner Co-Branding Guide.
USAID contractors, recipients, or other implementing partners may obtain the Standard
Graphic Identity and information about suggested suppliers of USAID Identity labels
from the USAID Web site at www.usaid.gov/branding.
Costs of branding and marking are eligible for financing in the implementing instruments
included in this chapter, if the costs are reasonable, allocable, and allowable in
accordance with applicable cost principles. Such costs should normally be included in
the total estimated cost or bid/offer price of the implementing partner.
320.3.7 Noncompliance
Effective Date: 01/08/2007
Marking requirements, like other provisions of USAID awards, are subject to audit by
the USAID Inspector General.
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b. 22 CFR 211, Transfer of Food Commodities for Food Use in Disaster Relief,
Economic Development, and Other Assistance
e. Public Law 480, Section 202 (authority for marking Food For Peace (FFP)
programs)
320.6 DEFINITIONS
Effective Date: 01/08/2007
The terms and definitions listed below have been incorporated into the ADS Glossary.
See the ADS Glossary for all ADS terms and definitions.
Branding Strategy
A Branding Strategy, developed in the case of a contract award by the Strategic
Objective Team or Requesting Office, or in the case of an assistance award by the
Apparently Successful Applicant, identifies the program or project name, how the
materials and communications will be positioned (i.e. as from the American People,
jointly sponsored by USAID and the host-country government or assistance
implementing partner, or some other way), the desired level of visibility and the
communications tools used to publicize the aid as from the American people. (Chapter
320)
Marking Plan
A plan that USAID Implementing partners provide detailing the public communications,
commodities, program materials and other items that will visibly bear or be marked with
the USAID Identity. It also requests any exceptions to marking. (Chapter 320)
partner
An organization or individual with which/whom the Agency collaborates to achieve
mutually agreed upon objectives and to secure participation of ultimate customers.
Partners include host country governments, private voluntary organizations, indigenous
and international non-governmental organizations (NGOs), universities, other U.S.
Government agencies, the United Nations and other multilateral organizations,
professional and business associations, and private businesses and individuals.
(Chapter 320)
Principal Officers
The most senior officer in a USAID Operating Unit in the field, e.g., USAID Mission
Director or USAID Representative. Principal Officers also include the directors of
USAID/W/Office of Foreign Disaster Assistance and Office of Transition Initiatives when
those offices are implementing emergency disaster relief and assistance to internally
displaced persons, humanitarian emergencies or immediate post conflict and political
crisis response in a cooperating country. For non-presence countries, the cognizant
Principal Officer is the Senior USAID officer in a regional USAID Operating Unit
responsible for the non-presence country, or in the absence of such a responsible
operating unit, the Principle U.S Diplomatic Officer in the non-presence country
exercising delegated authority from USAID. (Chapter 320)
Public communications
Documents and messages intended for distribution to audiences external to the
recipient’s organization. They include, but are not limited to, correspondence,
publications, studies, reports, audio visual productions, and other informational
products; applications, forms, press and promotional materials used in connection with
USAID funded programs, projects or activities, including signage and plaques; Web
sites/Internet activities; and events such as training courses, conferences, seminars,
press conferences and the like. (Chapter 320)
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