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DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 857(a) and (b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023. Section 857(a) requires any contractor that provides a system with a permanent magnet, that contains rare earth elements or strategic and critical materials disclose, after undertaking commercially reasonable inquiry, the provenance of the magnet and safeguard such disclosures in accordance with the applicable classification level required by the associated programs. Section 857(b) expands restrictions on procurement of military and dual use technologies by Chinese Military Companies and amends section 1211 of the NDAA for FY 2006; 10 U.S.C. 4651 note).

Overall Description of Deadline: The prohibition in section 857(b) takes effect 180 days after the date on which the Secretary of Defense certifies to the congressional defense committees that a sufficient number of commercially viable providers exist outside of the People's Republic of China that collectively can provide the Department of Defense with satisfactory quality and sufficient quantity of the goods and services described in section 857(b)(1)(B) as and when needed at United States market prices.