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by dragonwriter 236 days ago
> If it's inoperative then it shouldn't be in the language of the grant.

It’s not inoperative. A contract requirement that is redundant with a legal requirement still has separate effect (that is explicit here since this clause is a basis for both cancelling an award that has already been made and clawing back funds that have already been disbursed, separate from any penalties for the violation of the law itself.)

> In the real world, no one would _ever_ sign a contract with this sort of poison pill on it.

If by “this kind” you just mean “incorporating existing legal obligations separately as contract obligations with contractual consequences”, every government contract has multiple such clauses and has for decades.

If by “this kind” you mean more narrowly incorporating the specific anti-DEI provisions and partisan propaganda about DEI inside the clause also incorporating existing legal requirements, I’m pretty sure you will find that most federal contracts that have had their language drafted in the last few months have something like that because of agency implementations of EO 14151. How many people are signinf them...well, I would say look at whoever is still getting federal money, but given the shutdown that’s harder to see...