The Department of State (DOS) has issued a Special Notice regarding a Preliminary Injunction order related to the case of AIDS Vaccine Coalition v. U.S. Department of State and Global Health Council v. Trump. This injunction prohibits the enforcement of specific sections of a January 24 memorandum and mandates that the Restrained Defendants, including the DOS, USAID, and OMB, must not withhold payments or enforce stop-work orders for foreign assistance contracts, grants, or cooperative agreements that were active between January 20, 2025, and February 13, 2025. This order is significant as it ensures the availability of congressionally appropriated foreign aid funds and requires the defendants to notify all relevant recipients of contracts and agreements. Further guidance on the implementation of this injunction will be provided by the appropriate contracting and grant officers as it becomes available.

On March 10, 2025, the Court hearing the case of AIDS Vaccine Coalition v. U.S. Department of State and Global Health Council v. Trump entered a Preliminary Injunction order against the Department of State, USAID, and OMB, that contains the following operative language: 

 “Defendants Marco Rubio, Peter Marocco, Russell Vought, the U.S. Department of State, the U.S. Agency for International Development, and the Office of Management and Budget (the “Restrained Defendants”) and their agents are enjoined from enforcing or giving effect to sections 1, 5, 7, 8, and 9 of the January 24 State Department memorandum, and any other directives that implement sections 3(a) and 3(c) of Executive Order No. 14169, by giving effect to any terminations, suspensions, or stop-work orders issued between January 20, 2025, and February 13, 2025, for any grants, cooperative agreements, or contracts for foreign assistance. Accordingly, the Restrained Defendants shall not withhold payments or letter of credit drawdowns for work completed prior to February 13, 2025.

The Restrained Defendants are enjoined from unlawfully impounding congressionally appropriated foreign aid funds and shall make available for obligation the full amount of funds that Congress appropriated for foreign assistance programs in the Further Consolidated Appropriations Act of 2024.  

“It is further ORDERED that the Restrained Defendants shall take all steps necessary to effectuate this order and shall provide written notice of this order to all recipients of contracts, grants, and cooperative agreements for foreign assistance that were in existence between January 20, 2025, and February 13, 2025.”

 We will provide further guidance on this Preliminary Injunction as soon as we are able to do so. Award-specific direction will be communicated through cognizant contracting and grant officers as appropriate.

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