Trying to reduce dependence on Chinese supply chains and bolster U.S. and allied manufacturing makes total sense. But the bill will do the opposite by undercutting U.S. energy supply and manufacturing with a web of unworkable red tape.

And agency officials should be aware that assessing or ensuring “compliance” with an EO alone does not constitute sufficient cause to cancel awards that have already been granted—nor does retroactively applying new criteria or pretextually searching for alternative justifications. 6/6

All to say, awardees should stand firm if any federal agency tries to outright cancel an award or slow down disbursements without clear legal justification. 5/x

3. The Fifth Amendment Due Process Clause gives an awardee the right to challenge an award cancellation that was arbitrary/lacked proper notice + deprived the awardee of a vested property interest. 4/x

2. The Fifth Amendment Takings Clause can entitle an awardee to “just compensation” where a federal agency retroactively cancels an award without sufficient cause and the awardee has vested financial interests (e.g. project costs/lost investments). 3/x

1. The Tucker Act allows awardees to file suit in the Court of Federal Claims for monetary damages when a federal agency breaches an “express or implied contract with the United States.” 2/x