MANDATORY STANDARD PROVISIONS FOR FIXED AMOUNT
AWARDS TO NONGOVERNMENTAL ORGANIZATIONS
M1. SUBMISSIONS TO THE DEVELOPMENT EXPERIENCE
CLEARINGHOUSE AND DATA RIGHTS (JUNE 2012)
a. Submissions to the Development Experience Clearinghouse (DEC).
1)
The recipient must provide the Agreement Officer’s Representative one
copy of any Intellectual Work that is published, and a list of any Intellectual
Work that is not published.
2) In addition, the recipient must submit Intellectual Work, whether published
or not, to the DEC, either on-line (preferred) or by mail. The recipient must
review the DEC Web site for submission instructions, including document
formatting and the types of documents to submit. Submission instructions
can be found at:
https://dec.usaid.gov
3) For purposes of submissions to the DEC, Intellectual Work includes all
works that document the implementation, evaluation, and results of
international development assistance activities developed or acquired
under this award, which may include program and communications
materials, evaluations and assessments, information products, research
and technical reports, progress and performance reports required under
this award (excluding administrative financial information), and other
reports, articles and papers prepared by the recipient under the award,
whether published or not. The term does not include the recipient’s
information that is incidental to award administration, such as financial,
administrative,
cost or pricing, or management information.
4) Each document submitted should contain essential bibliographic
information, such as 1) descriptive title; 2) author(s) name; 3) award
number; 4) sponsoring USAID office; 5) development objective; and 6)
date of publication.
5) The recipient must not submit to the DEC any financially sensitive
information or personally identifiable information, such as social security
numbers, home addresses and dates of birth. Such information must be
removed prior to submission. The recipient must not submit classified
documents to the DEC.
b. Rights in Data
1) Data means recorded information, regardless of the form or the media on
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Text highlighted in yellow indicates that the material is new or substantively revised.
which it may be recorded, including technical data and computer software,
and includes Intellectual Work, defined in a. above.
2) Unless otherwise provided in this provision, the recipient may retain the
rights, title and interest to Data that is first acquired or produced under this
award. USAID reserves a royalty-free, worldwide, nonexclusive, and
irrevocable right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display publicly, in
any manner and for any purpose, and to have or permit others to do so.
c. Copyright. The recipient may copyright any books, publications or other
copyrightable materials first acquired or produced under this award. USAID
reserves a royalty-free, worldwide, nonexclusive, and irrevocable right to use,
disclose, reproduce, prepare derivative works, distribute copies to the public, and
perform publicly and display publicly, in any manner and for any purpose, and to
have or permit others to do so.
d. The recipient will provide the U.S. Government, on request or as otherwise
provided in this award, a copy of any Data or copyrighted material to which the
U.S. Government has rights under paragraphs b. and c. of this provision.
The
U.S. Government makes no representations or warranties as to title, right to use
or license, or other legal rights or obligations regarding any Data or copyrighted
materials.
[END OF PROVISION]
M2. MARKING AND PUBLIC COMMUNICATIONS UNDER
USAID-FUNDED ASSISTANCE (July 2015)
a. The USAID Identity is the official marking for USAID, comprised of the
USAID logo and brandmark with the tagline “from the American people,”
unless amended by USAID to include additional or substitute use of a logo
or seal and tagline representing a presidential initiative or other high level
interagency initiative.
The USAID Identity is on the USAID Web site at
www.usaid.gov/branding. Recipients must use the USAID Identity, of a
size and prominence equivalent to or greater than any other identity or
logo displayed, to mark the following:
(1) Programs, projects, activities, public communications, and
commodities partially or fully funded by USAID;
(2) Program, project, or activity sites funded by USAID, including
visible infrastructure projects or other physical sites;
(3) Technical assistance, studies, reports, papers, publications, audio-
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visual productions, public service announcements, Web
sites/Internet activities, promotional, informational, media, or
communications products funded by USAID;
(4) Commodities, equipment, supplies, and other materials funded by
USAID,
including commodities or equipment provided under
humanitarian assistance or disaster relief programs; and
(5) Events financed by USAID, such as training courses, conferences,
seminars, exhibitions, fairs, workshops, press conferences and
other public activities. If the USAID Identity cannot be displayed,
the recipient is encouraged to otherwise acknowledge USAID and
the support of the American people.
b. The recipient must implement the requirements of this provision following
the approved Marking Plan in the award.
c. The AO may require a preproduction review of program materials and
“public communications” (documents and messages intended for external
distribution, including but not limited to correspondence; publications;
studies; reports; audio visual productions; applications; forms; press; and
promotional materials) used in connection with USAID-funded programs,
projects or activities, for compliance with an approved Marking Plan.
d. The recipient is encouraged to give public notice of the receipt of this award and
announce progress and accomplishments. The recipient must provide copies of
notices or announcements to Agreement Officer’s Representative (AOR) and to
USAID's Office of Legislative and Public Affairs in advance of release, as
practicable. Press releases or other public notices must include a statement
substantially as follows:
"The U.S. Agency for International Development administers the U.S.
foreign assistance program providing economic and humanitarian
assistance in more than 80 countries worldwide."
e. Any “public communication,” in which the content has not been approved
by USAID, must contain the following disclaimer:
“This study/report/audio/visual/other information/media product
(specify) is made possible by the generous support of the American
people through the United States Agency for International
Development (USAID).
The contents are the responsibility of [insert
recipient name] and do not necessarily reflect the views of USAID
or the United States Government.”
f. The recipient must provide the USAID AOR, with two copies of all program
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and communications materials produced under this award.
g. The recipient may request an exception from USAID marking
requirements when USAID marking requirements would:
(1) Compromise the intrinsic independence or neutrality of a program
or materials where independence or neutrality is an inherent aspect
of the program and materials;
(2) Diminish the credibility of audits, reports, analyses, studies, or
policy recommendations whose data or findings must be seen as
independent;
(3) Undercut host-country government “ownership” of constitutions,
laws, regulations, policies, studies, assessments, reports,
publications, surveys or audits, public service announcements, or
other communications;
(4) Impair the functionality of an item;
(5) Incur substantial costs or be impractical;
(6) Offend local cultural or social norms, or be considered
inappropriate; or
(7) Conflict with international law.
h. The recipient may submit a waiver request of the marking requirements of
this provision or the Marking Plan, through the AOR, when USAIDrequired marking would pose compelling political, safety, or security
concerns, or have an adverse impact in the cooperating country.
(1) Approved waivers “flow down” to subagreements, including
subawards and contracts, unless specified otherwise. The waiver
may also include the removal of USAID markings already affixed, if
circumstances warrant.
(2)
USAID determinations regarding waiver requests are subject to
appeal by the recipient, by submitting a written request to
reconsider the determination to the cognizant Assistant
Administrator.
i. The recipient must include the following marking provision in any
subawards entered into under this award:
“As a condition of receipt of this subaward, marking with the USAID
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Identity of a size and prominence equivalent to or greater than the
recipient’s, subrecipient’s, other donor’s, or third party’s is required.
In the event the recipient chooses not to require marking with its
own identity or logo by the subrecipient, USAID may, at its
discretion, require marking by the subrecipient with the USAID
Identity.