2025 Federal Administration Transition Guidance

Guidance on Federally Funded Projects during Administration Transition

 

02/11/2025: On Monday, February 10, three lawsuits were filed in the U.S. District Court in Boston, challenging the NIH’s February 7 notice that imposed a flat 15% indirect cost rate on research institutions. The plaintiffs sought a temporary restraining order (TRO) to block the policy’s implementation. By midnight, the court had granted two TROs, including one that halted the 15% rate nationwide. As a result, the rate reduction is currently suspended across the United States.

02/05/2025: A temporary restraining order was issued on January 31st. Here’s what it means:

Federal agencies were sent a notice regarding the temporary restraining order.  The relevant parts:

  1. Federal agencies cannot pause, freeze, impede, block, cancel, or terminate any awards or obligations based on [OMB Memo M-25-13], or on the basis of the President’s recently issued Executive Orders.
  2. This prohibition applies to all awards or obligations—not just those involving the Plaintiff States in the above-referenced case—and also applies to future assistance (not just current or existing awards or obligations).
  3. Agencies may exercise their own authority to pause awards or obligations, provided agencies do so purely based on their own discretion—not as a result of the OMB Memo or the President’s Executive Orders—and provided the pause complies with all notice and procedural requirements in the award, agreement, or other instrument relating to such a pause.
  4. On pages 11 and 12 of the TRO, the Court prohibits agencies from pausing funding “except on the basis of the applicable authorizing statutes, regulations, and terms.” Thus, agencies remain free to exercise their own discretion under their “authorizing statutes, regulations, and terms,” including any exercise of discretion to pause certain funding. Additionally, agencies remain free to take action pursuant to the terms of the relevant award or obligation, such as in cases of grantee noncompliance.
  5. Any exercise of agency discretion, however, cannot be based on the OMB Memo or the President’s Executive Orders, given that the Court has prohibited agencies from “implementing or giving effect to the OMB [Memo] under any other name or title[.]” (TRO, pg.12). Additionally, any decision to pause, stop, delay, or otherwise withhold federal financial assistance programs must comply with all notice and procedural requirements in the award, agreement, or other instrument setting forth the terms of the award or obligation. 
  6.  Out of an abundance of caution, all federal agencies (even those not named as defendants in the case) should comply with the above-referenced terms.

Overview
The current administration, led by President Trump, assumed office on January 20, 2025. Since then, several Executive Orders have been issued (refer to White House News), indicating possible shifts in federal priorities. 

As federal agencies and sponsors make changes or notify us of updates to specific research projects, we will keep you informed with guidance, updates, and relevant resources to help you navigate these changes. We will also reach out with tailored guidance on the necessary steps for your project. If you come across any information not covered on this page, please forward it to louise.griffin@unh.edu  for inclusion.

GUIDANCE

Proposals

  • Submission: Proposal submissions will continue as long as federal agency systems remain operational.
  • Review Timelines: Expect potential delays in sponsor proposal reviews as federal agencies address pauses in federal assistance funding for certain areas.
  • At-Risk Accounts: Activation of not-fully executed (NFE) accounts for pending federal awards is not recommended.
  • Action Items:
    • Reconfirm proposal deadlines to account for potential changes.
    • Verify that funding announcements have not been revised or postponed.
    • Sign up for agency or sponsor alerts when possible.

Awards

  • Terms and Conditions: Executed award terms remain enforceable while active, including invoicing and reimbursements.
  • Research Compliance Updates: Anticipate updates to compliance requirements, possibly necessitating project-specific amendments. Swift compliance is critical to maintain funding.
    • For Export Control Matters and Foreign Travel/Collaboration Considerations Contact Victor Sosa at Victor.Sosa@unh.edu
    • For Human Subject, Animal Research, Conflict in Interest in Research and Responsible Conduct in Research Matters: Contact Julie Simpson at Julie.simpson@unh.edu
  • Reporting Requirements: Updates may occur, requiring swift adaptation to avoid jeopardizing funding. If you need assistance, please contact your STAR GCA.
  • Funding Adjustments:
    • Programs may experience restructuring, delays, or potential defunding.
    • Further guidance will be provided when available.
    • Avoid extending At-Risk status unless the project’s objectives are in significant jeopardy.

Action Items:

  1. Evaluate your grant activities to ensure compliance with the executive orders.
  2. If you are unclear about whether your funded activities conflict with the executive orders, consult with your program office.
  3. Be conservative about large expenditures but continue activities necessary to meet contractual obligations.
  4. Monitor budget balances to avoid deficits while awaiting future funding obligations.
  5. Maintain communication with program officers for updates.
  6. Submit any overdue technical reports or deliverables promptly.
  7. Monitor agency announcements for funding or compliance updates.

Events/Meetings:

  • If an event has been scheduled and can no longer take place, quickly inform all stakeholders — including participants, speakers, and organizers—about the cancellation or postponement.

Procurement Guidance

When conducting procurement for federally funded projects, consider the following:

  • Funding Confirmation: If federal funds have not been obligated, consider delaying or canceling procurement.
  • Agreement Terms: Review current agreements for cancellation clauses and payment milestones. For questions, contact SPA awards at spa.awards@unh.edu.
  • Quotes: Obtain quotes with the country of origin and a validity period to ensure stable pricing.
  • Obligated Funds: Procure equipment or materials using currently available funds.
  • Policy Awareness: Verify funding availability and monitor policy changes impacting projects.

Subaward Guidance

When an award is signed, the federal agency designates a portion of the total approved budget as obligated funds. UNH, as the recipient, is authorized to incur expenses up to the obligated amount, and these expenses will be reimbursed. Any expenses that fall within the scope of the award and are covered by obligated funds will be reimbursed. However, any future expenses exceeding the current obligation will not be reimbursed.

The same principles apply to subawards. When an award is signed, the federal agency allocates a portion of the total approved budget as obligated funds. UNH, as the recipient, may authorize subawardees to incur expenses up to the obligated amount, which will be reimbursed.

Any expenses incurred by subawardees that fall within the scope of the subaward and are covered by obligated funds will be reimbursed.

Subawards will be modified by SPA as required by our federal sponsor.  Questions may be directed to Jeff Cosier at Jeffrey.cosier@unh.edu

Stop Work Order

A Stop Work Order is an official directive from the federal government to temporarily or permanently cease all activities related to a grant.

This is distinct from agency-specific notices, memos, or modifications tied to presidential executive orders. Such notices may require recipients to halt DEI-related activities (or other specified changes) by modifying the terms and conditions of the award while permitting other project activities to proceed.

These notices necessitate a thorough review of project activities and personnel funded by the grant. The Principal Investigator (PI), department, Dean’s office, SPA, and other stakeholders must collaborate to evaluate the impact on any project impacted.

Executive Actions and Federal Agency Guidance

  • Presidential Actions:
    • Executive Orders carry the force of law for government operations.
    • Proclamations are formal, often symbolic statements.
    • Memorandums provide policy guidance, less formal than Executive Orders.

As federal agencies issue official guidance and updates, additional sections will be added below.

COGR Communications & Resources

Executive Orders & Related Resources

Executive Order Overview & Tracker (Akin Gump)  

2/9/25: Effective immediately, PMS is only available during the hours of 5:00 AM to 4:00 PM ET Monday through Friday and 9:00 AM to 9:00 PM ET Saturday through Sunday. The limited hours are in effect until a further notice.

Department/Agency Directives/Memoranda

National Science Foundation

Department of Energy

Department of Health and Human Services

NASA

Relevant Articles 

 

 

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