Grants

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For federal grant recipients across diverse sectors ranging from humanitarian assistance to the environment, the disruption of established business practices and the upending of expectations have now become the new normal, as federal agencies announce abrupt shifts in policy and spending. As we have commented previously (here, here, and here), federal agencies now regularly reinterpret terms of contracts and agreements that appeared to have been settled, so that once-stable sources of federal funding change on short notice.Continue Reading Gateway Project Litigation Latest Salvo in Struggle over Federal Grants

New rules for grants requiring a convenience termination
And limiting costs for facilities and administration
And if you want these kind of dreams, it’s Contractification[1]

In its continuous drive to alter business as usual, the federal government has made many changes this year to the way it manages financial assistance (grants and cooperative agreements). Executive Order 14332, “Improving Oversight of Federal Grantmaking” (the EO), issued on August 7, 2025, is the latest expression of this new effort and evidences the government’s intent to exert more control over grants and cooperative agreements. As summarized below, the changes generally fall within the inherently flexible framework the government has over such awards, but taken as a whole—and given the framing and rhetoric of the EO—the government’s approach, whether intentional or not, resembles “contractification,” that is, to remake the administration of grants and cooperative agreements to be more like procurement contracts.Continue Reading Viva ‘Contractification’: New Executive Order Promises Changes to Grant Oversight

Earlier this year, we addressed a growing sense of confusion and unease among federal contractors relating to shifting diversity, equity, and inclusion (DEI) standards. Specifically, awardees had to take stock of the Department of Justice’s (DOJ) newly launched Civil Rights Fraud Initiative. DOJ explained that it intended to pursue False Claims Act (FCA) cases against “any recipient of federal funds that knowingly violates federal civil rights law,” with an emphasis on unlawful DEI workplace programs. But given this year’s abrupt shift regarding DEI standards, contractors were left to guess which conduct could put them in DOJ’s crosshairs. On July 29, DOJ elaborated on what it considers “unlawful discrimination,” issuing Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (“Guidance”) to all federal agencies. The Guidance outlines what DOJ deems “best practices” so that any organization that receives federal financial assistance—e.g., universities, local governments, and nonprofit organizations—can take practical steps “to minimize the risk of violations.”Continue Reading New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

In Part I of this series we introduced readers to what Controlled Unclassified Information (CUI) is understood to consist of under the CUI Program at 32 CFR pt. 2002, differentiating and safeguarding CUI, CUI Program Authority and Control, and CUI policy as promulgated under the U.S. Department of Defense CUI Program. (See 66 GC ¶…