SUMMARY: Please review the attached DOE Memorandum from the Deputy General Counsel for Environment and Litigation, the Guidance to Agencies from the Department of Justice (“DOJ”), and the Court Order. All three documents are meant to be read in tandem. Please comply with all terms of the DOJ Guidance, the DOE Memorandum, and the Court Order.
Notes from the DOE Memorandum regarding retroactivity and Stop Work orders for all funding agreements (contracts and financial assistance):
- The court order does not require that DOE change any prior funding agreements that were terminated or formally modified before 6:20 p.m. EST on February 21, 2025.
- Any Stop Work order in effect that was issued pursuant to or cites Executive Order 14151 or Executive Order 14173 (even if it was issued before 6:20 p.m. EST on February 21, 2025) must be rescinded.
- Any Stop Work order issued to a recipient of a funding agreement that has been flagged as being or is arguably “equity-related” must be rescinded whether or not it cites Executive Order 14151 or Executive Order 14173.
- A general Stop Work order—not issued pursuant to Executive Order 14151 or Executive Order 14173—issued to a recipient of a funding agreement that is not “equity-related” may remain in effect and the funding agreement may be modified or terminated.
- Please keep and maintain a Compliance Tracker for your records regarding your communications with internal agency officials as well as contractors/grantees regarding the above, as well as any modifications/roll backs of any grant/contract termination.
Questions concerning the DOE Memorandum should be directed to your Program Manager and/or Program Counsel.
Questions concerning this Policy Flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov.
For NNSA questions concerning this Policy Flash, please contact the Policy and Oversight Division, Policy & Oversight Branch (NA-PAS-111), at (505) 845-5639
