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The Court references the procedural requirements of the Administrative Procedures Act (5 U.S.C. § 552) in its discussion. However, I don't see how that's relevant.  5 U.S.C. § 553(a)(2) exempts matters relating to contracts from the APA's rule making requirements. That's why we have 41 U.S.C. 1707 (to require publication of procurement rules).

 

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23 minutes ago, Vern Edwards said:

Did you see footnote 6?

Yes, what about it?

23 minutes ago, Vern Edwards said:

And do you think DODM 4120.24 is covered by 5 USC 553(a)(2).?

I don't know about the entire document, but I do think some parts are (e.g., Enclosure 4 (Standardization in the Acquisition Process), Enclosure 12 (DIDs), and Enclosure 14 (Qualification)). FAR 11.102 refers to the guidance in the Manual when prescribing a policy for selecting requirements documents, so I think that is a matter related to contracts. 

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19 hours ago, Don Mansfield said:

5 U.S.C. § 553(a)(2) exempts matters relating to contracts from the APA's rule making requirements. That's why we have 41 U.S.C. 1707 (to require publication of procurement rules).

If the manual is a matter relating to contracts so that it is exempt from the APA's rule making requirements, what impact would failure to publish under 1707 have on its validity?

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