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  • Question

    Do the requirements of the NDAA only apply once they are incorporated into the FAR/DFARS? Or because the NDAA is now public law, is it incumbent on the CO to comply since these instructions do not contradict the FAR? Thank you


    Answer

    NDAA's or other laws do NOT go into effect until agency-related regulations including the FAR and DFARS are updated  through the "Rule Making Process" as described in 5 USC 553.

    Contracting Officer's are not authorized to act on  the NDAA 2017 Sec. 813  LPTA requirements until the rule making process is complete. This is one of the reasons why DoD might issue a CD i.e.  NDAA requires something to be done by a date certain but that comes before the rule making process can be finished.



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