Notice of Court Order & Temporary Restraining Order
Type: Special Notice
Overview

Buyer

HEALTH AND HUMAN SERVICES, DEPARTMENT OFOFFICE OF THE ASSISTANT SECRETARY FOR FINANCIAL RESOURCES (ASFR)ASFR OFFICE OF THE ASSISTANT SECRETARY FOR FINANCIAL RESOURCESWashington, DC, 20201, USA

Original Source

https://sam.gov/opp/298fba709baa498e98d2fa201ace6a93/view
Timeline
    Description

    The U.S. Department of Health and Human Services (HHS) has issued a Special Notice regarding a temporary restraining order (TRO) related to the case of New York et al. v. Trump, which addresses an alleged pause on federal financial assistance as outlined in OMB Memorandum M-25-13. The TRO prohibits HHS and other defendant agencies from pausing, freezing, or terminating any financial assistance based on this memorandum or recent executive orders, ensuring that all awards and obligations, including future assistance, continue without interruption. This ruling is significant as it aims to protect states' access to critical funding necessary for public services, emphasizing the public interest in maintaining the flow of appropriated funds as designated by Congress. For further inquiries, contractors are advised to contact their respective HHS contracting officer, while general questions can be directed to Acquisition_Policy@hhs.gov. The notice is effective immediately and remains in place until further court order.

    Point(s) of Contact
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    Files
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    RI TRO Notice.pdf
    A temporary restraining order has been issued in the case of New York et al. v. Trump, concerning an alleged pause on federal financial assistance stemming from OMB Memorandum M-25-13. The order prohibits federal agencies from pausing, freezing, or terminating any financial assistance based on this memorandum or recently issued executive orders by the President. It applies to all awards and obligations, including future assistance, and mandates compliance with the contained procedural requirements. Despite the rescission of the OMB Memo, the Court has found evidence suggesting that the funding pause remains in effect. Plaintiffs argue that unilateral action taken by the Executive violates the Administrative Procedure Act (APA) and the separation of powers as it obstructs the states from accessing appropriated funds critical to public services. The court emphasized the likelihood of severe harm to states' vital programs and a significant public interest in ensuring funds flow as designated by Congress, hence the immediate need for a temporary order. This ruling is contextualized within ongoing litigation as further hearings are anticipated to determine a preliminary injunction.
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