Scenario: On 9 October 2021, a final rule is published in the Federal Register that will change the FAR to require the use of a new clause in solicitations and contracts that exceed the simplified acquisition threshold. The effective date of the change is 13 November 2021. On 6 November 2021, the contracting officer issues a solicitation for a requirement over the simplified acquisition threshold that does not include the new clause. The solicitation is never amended to include the new clause and the contract, without the new clause, is awarded on 28 December 2021. A few months later, an auditor reviews the contract and opines that the contract is not in compliance with the FAR because it was awarded after the effective date of the FAR change and lacks the new clause.

Question: Is the auditor correct?

Please provide FAR/DFAR reference with an answer in proper format.