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FEATURE COMMENT: The Significance Of The FY 2024 NDAA To Federal Procurement Law—Part I and Part II

Melissa P. Prusock, Michael J. Schaengold, and Eleanor M. Ross co-authored an article titled "FEATURE COMMENT: The Significance Of The FY 2024 NDAA To Federal Procurement Law—Part I and Part II" in The Government Contractor.

These articles analyze the impact of the Fiscal Year 2024 National Defense Authorization Act (NDAA) on federal procurement law. The NDAA includes reforms and changes to procurement law impacting the Department of Defense (DOD), as well as changes that apply to federal civilian agencies. Thematically, the FY 2024 NDAA broadly focuses on China, the defense industrial base, supply chain, cybersecurity and artificial intelligence (AI), efforts to streamline the acquisition process (including commercial buying), and provisions related to small businesses. These themes are prominent throughout the NDAA, are a continuation of themes in last year’s NDAA, and were driven in part by the bipartisan and bicameral focus on China. This focus is about more than security; it is about decoupling, and it is driving policy from industrial base and supply-chain to cybersecurity and software acquisition.

The FY 2024 NDAA’s procurement-related reforms and changes are primarily in the NDAA’s “Title VIII—Acquisition Policy, Acquisition Management, and Related Matters.” Certain provisions in other titles of the FY 2024 NDAA are also very important to procurement law. Part I of the article addresses §§ 801–831 of the FY 2024 NDAA. Part II addresses §§ 833–875, plus sections in Titles I, II, III, X, XII, XIV, XV and LI that impact federal procurement law.

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