56
6.2 EXCEPTIONS & WAIVERS
Exceptions
Exceptions are programmatic in nature and are usually approved pre-award.
Exceptions are managed by a Mission’s DOC and reviewed with Principal
Ofcers (please refer to ADS 320.6 for the denition of a Principal Ofcer)
as needed. Post-award exceptions to marking requirements are submitted via
the COR/AOR and require a revision of the Branding Implementation Plan and
Marking Plan for the project.
Exceptions are generally awarded in non-emergency situations and include
those that would:
a. I nvolve program or materials where independence or neutrality is an inherent
aspect of the program and materials. This includes, but is not limited to,
the following:
• Election monitoring or ballots, and voter information literature;
• Political party support or public policy advocacy or reform;
• Independent media, such as television and radio broadcasts, and
newspaper articles and editorials; and
• PSAs or public opinion polls and surveys.
b. Diminish the credibility of audits, reports, analyses, studies, or policy
recommendations whose data or ndings must be seen as independent.
c. U ndercut 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 ofcial.
d. I mpair the functionality of an item, such as sterilized equipment or spare parts.
e. Incur substantial costs or be impractical, such as items too small or other
otherwise unsuited for individual marking, such as food in bulk.
f. Offend local cultural or social norms, or be considered inappropriate on such
items as condoms, toilets, bed pans, or similar commodities.
g. C onict with international law, such as the internationally recognized
neutrality of the International Red Cross or other organizations.
h. Deter achievement of program goals, such as cooperating with other donors
or ensuring repayment of loans.
Waivers
Waivers are circumstantial, not programmatic, in nature, and are approved in
response to adverse circumstances that affect implementation. Waivers are
granted when USAID-required markings would pose compelling political, safety,
or security concerns, or marking that has had or will have an adverse reaction in
the cooperating country. In exceptional circumstances, the principal ofcer may
approve a blanket waiver by region or country. Per ADS 320.2, the Senior Advisor
for Brand Management (or designee) in the Bureau for Legislative and Public
Affairs is responsible for the following: Consulting, as needed, with the Ofce
of the General Counsel and Bureau for Management, Ofce of Acquisition and
Assistance on revisions to the Agency’s marking policy directives and required
procedures, regulations, clauses, or provisions, including ADS 320, reviewing
exceptions, waivers, and Administrator determinations for amended branding/
marking; and reviewing/approving special use of contractor logos. The Principal
Ofcer must consult with the regional security ofcer or country Emergency
Action Committee, if available, before submitting a waiver request.
The waiver must consider the same information that applies to determinations
of the safety and security of U.S. Government employees in the cooperating
country. It must also consider any information supplied by the contractor or
subcontractor for whose contract the waiver is sought. In sum, this waiver
authority is for situational or security circumstances that are caused by the local
environment. The Principal Ofcer may not re-delegate this authority, but it
may be exercised by ofcials serving in an acting capacity.
Please refer to ADS 320 and regulatory 2 CFR 700.16 guidance on waivers and
exceptions for additional information.
1.0
OUR
BRAND
2.0
USAID
CORPORATE
3.0
CONTRACTS &
ACQUISITIONS
4.0
GRANTS &
COOPERATIVE
AGREEMENTS
5.0
COMMUNICATIONS
INITIATIVES
6.0
PROCEDURES &
CLEARANCE
7.0
RESOURCES
8.0
GLOSSARY