The executive order is direction to executive branch officials, including the ones who are responsible for applying the cancellation and clawback terms in the agreement at issue, as to how they are to perform their duties.
It is certainly relevsant to evaluating whether or not it is worthwhile to apply for the grant. That sufficient litigation might reverse an application of the policy in the EO that the agreement text clearly highlights the intent to enforce as inconsistent with the underlying law isn’t worth much unless the cost of expected litigation would be dwarfed by the size of the contract award, and for a $1.5 million grant application, that’s...not very much litigation.
