- The Significant Impact of the FY 2017 National Defense Authorization Act on Federal Procurement—Part I
- March 6, 2017 | Authors: Melissa P. Prusock; Michael J. Schaengold
- Law Firm: Greenberg Traurig, LLP - Washington Office
- On Dec. 23, 2016, President Obama signed into law the National Defense Authorization Act (NDAA) for Fiscal Year 2017 (S. 2943). See P.L. 114-328, 130 Stat. 2000 (Dec. 23, 2016). As with every NDAA since FY 2010, the FY 2017 NDAA stalled in Congress before being enacted well after the start of its fiscal year. In his signing statement, the president objected to or criticized several provisions of the FY 2017 NDAA (e.g., for “impos[ing] extensive organizational changes on” DOD and for the failure to close the detention facility at Guantanamo Bay). See obamawhitehouse.archives.gov/the-pressoffice/2016/12/23/statement-president-signingnational-defense-authorization-act-fiscal.
The FY 2017 NDAA includes significant procurement-related reforms and changes, most (but not all) of which are included, as usual, in “Title VIII—Acquisition Policy, Acquisition Management, and Related Matters.” More specifically, Title VIII includes 88 provisions addressing procurement issues, as compared to 77 provisions in the FY 2016 NDAA, 37 provisions in the FY 2015 NDAA, 13 provisions in the FY 2014 NDAA, 44 in the FY 2013 NDAA and 49 in the FY 2012 NDAA. Some of these FY 2017 NDAA statutory changes will not become effective until the Federal Acquisition Regulation and Defense FAR Supplement (and, depending on the circumstances, certain other regulations) are amended. As discussed below, provisions in other titles of the FY 2017 NDAA are also important to procurement law.
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