[XCabbage]

The burden of proof is "on the balance of probabilities" in both cases as far as I know, and there's no limit in principle on how high a breach of contract case can be appealed.

Of course it has an effect, but that effect is giving the NSF the ability to sue over a grantee's alleged breaches of discrimination law, instead of that being limited to parties discriminated against and the EEOCs.