[Research] Fwd: Update on DOE F&A Case - PI Granted

[Cynthia J. Johnson]

*~~ Please disseminate this information with those researchers and research
administrators in your department who may find it noteworthy ~~*




*DOE Update: Preliminary Injunction Granted Prohibiting Implementation of
15% IDC Rate Cap*

Today, the Court granted the plaintiff's motion for a permanent injunction
halting the Department of Energy from "implementing, instituting,
maintaining, or giving any effect to the Rate Cap Policy in any form with
respect to IHEs nationwide until a further order is issued by th[e]
Court." *(See
attached "Memorandum and Order.")*

As you may recall, the Court previously issued a temporary restraining
order (TRO).


  **** UC GUIDANCE ****


   -  *Proposals*

Please continue to submit new proposals using our federally negotiated IDC
rate, but to minimize the chance that DOE will reject the proposal on that
basis, include the disclaimer language (see below) in proposal submissions
even while the preliminary injunction is in place. The preliminary
injunction is only temporary until the full case is heard, and is not
guaranteed to remain in place throughout the proposal process; thus,
without a disclaimer the project could be denied outright for
non-compliance when submitted with the negotiated rate if the preliminary
injunction is no longer in effect.

*Language to include in proposal submissions:*

“We are aware of the April 11, 2025, *Department of Energy Policy Flash:
Adjusting Department of Energy Grant Policy for Institutions of Higher
Education (IHE),* regarding indirect cost rates.  We will honor the rate
identified in this guidance if imposed, but we reserve the right to
re-implement the negotiated rate in the event that this guidance is
rescinded, modified, or otherwise not applicable to this grant
application.”


   - *Conditional Terminations*

UC campuses should NOT respond to conditional termination notices at this
time.

RED will provide further information as circumstances evolve.  Should you
have any questions or concerns, please contact REDalert at ucr.edu.



*IMPACT23 – Weekly Office Hours: Kuali Sponsored Programs*

Please join us for the weekly Kuali Sponsored Programs Office Hours each
Thursday from 9 – 9:30 a.m.

*We hope to see you there!*

Please visit https://impact23.ucr.edu/impact23-calendar for the listing of
all Impact23 Office Hours, including links to copy a ZOOM meeting to your
calendar.





*Research List-Serv*

Do you know of someone in your department who is not currently registered
to receive newsletters (such as this one) from the Research listserv, but
would like to?  If so, please forward their name and email address to
Cynthia Johnson at cwells at ucr.edu.


*Calendar*

UCR’s Office of Sponsored Programs will be closed on Monday, May 26th in
observance of Memorial Day.

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