Definitions
Standard Process
Impact of Legal Challenges
Awards where UW is not the prime sponsor (Flow thru)
Resources
- Stop-Work Order or Suspension: Pauses performance for a period of time, after which the sponsor may decide to resume performance or terminate the award.
- Early Termination (or Termination): Mechanism by which the sponsor unilaterally terminates the award under the terms of the agreement.
- Halt in payment: Occurs when payment is disrupted by the sponsor (non-payment of invoices or restriction within payment systems) with or without an accompanying Stop-Work Order, Suspension, or Early Termination.
For an award that is terminated early and for which there is no legal recourse, PIs and units must proceed with closeout in compliance with the sponsors terms and conditions. Please see "Closeout and Termination Costs" and "Closing Your Award" for additional information.
No Permanent Injunction in place
If an award has received a Stop-Work Order or an Early Termination, and there is a pending legal challenge in which the court has not issued a permanent outcome, the following measures are advised:
- Pause all spending except for the following:
- Effort for PI and other Senior/Key Personnel at UW at a reduced level;
- Clinical Trial expenditures
- Other patient care expenditures
- Animal care
- Field work expenses already in process
- Other supplies, goods, and services that are not cancellable
- Graduate Appointments issued at the Department’s discretion
Do not undergo any new procurement activity, including consultants, equipment or travel, that does not fit in the above scenarios.
Any subrecipients must pause work.
Any directly charged administrative staff costs must be moved to another source unless part of supporting the above areas.
If, after 90 days from purported date of termination, there is not a permanent injunction in place, the PI must proceed with closeout. Closeout may be mandated earlier if there is a court decision that results in immediate effect given to the termination.
Permanent Injunction
If a permanent injunction is in place, then the PI may resume normal expenditure activities for salaries, benefits, and limited equipment and travel expenses. UW PIs may work with subawardees to resume activity with caution by submitting a Subaward Request to OSP. For clinical trials and animal studies, supplies, goods, and services will be allowed so long as the PI has worked with the department on risk mitigation strategies.
Halt in payments
For awards which are not under a Stop-Work Order or an Early Termination, but are experiencing ongoing payments issues (e.g. frozen draw down systems, etc.), the same guidelines apply based on whether there is or is not a permanent injunction in place.
Awards where the UW is not the prime sponsor (Flow-thru awards)
For a stop work order or early termination where the UW is not the prime sponsor, please follow the specific terms and conditions of the communication from the pass-through entity (sponsor). In most cases, expenditures are not permitted once the stop work order is received.