"Seals and devices of the Federal Government, Departments, Bureaus, and Independent Agencies are not in the public domain, and cannot be used for other than official business without specific authorization of the agency involved." [Joint Committee on Printing, United States Congress; emphasis added]
The HHS Seal and Logo are for the official use of the U.S. Department of Health and Human Services and not for the use of the private sector on its materials. To the public, such use would send a message that the U.S. Department of Health and Human Services favors or endorses an organization, its activities, its products, its services, and/or its personnel (either overtly or tacitly) which it does not and cannot do.
Whether the private sector partner/grantee/vendor/contractor is non-profit or commercial is not a factor. Regardless of how funded, non-HHS communication products are for the principle benefit and use of the partner/grantee/vendor/contractor and not for the principle benefit or use of the Government. Non-HHS communication products are not construed to be Government communication products.
Use on Proposals or Consulting Deliverables
Contractors may not use the HHS logo, seal, or symbol on proposals or consulting deliverables.
Publications Developed by Contractors
If a contractor deliverable is camera-ready or other reproducible copy, for the express purpose of being an HHS publication for HHS distribution to the public; then, and only then, may the contractor affix the HHS logo, under the direction and guidance of the HHS project officer and as approved by the Office of the Secretary, Assistant Secretary for Public Affairs.
Private Sector or Contractor Logos on Government Publications
HHS components may not use private sector or contractor logos on Government publications or other Government communication products. Such use is prohibited. Whether or not the private sector organization is non-profit or commercial is not a factor.
Private sector logos constitute institutional advertising. Using a private sector logo on a Government communication product (regardless of intent) implies that the Government favors or endorses all that which the logo represents.
Section 13 of the Government Printing and Binding Regulations, published by the Joint Committee on Printing, United States Congress, makes clear:
"No Government publication or other Government printed matter, prepared or produced with either appropriated or non-appropriated funds or identified with an activity of the Government, shall contain any advertisement inserted by or for any private individual, firm, or corporation; or contain material which implies in any manner that the Government endorses or favors any specific commercial product, commodity, or service."