03/15/2022 Partial Revision
Text highlighted in yellow indicates that the adjacent material is new or substantively revised.
ADS Chapter 320 17
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;
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
Effective Date: 03/15/2022
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