80 FR 81812 - Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of Japan

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 251 (December 31, 2015)

Page Range		81812-81813
FR Document		2015-32945

On behalf of the U.S. Government, DoD is contemplating negotiating and concluding a Reciprocal Defense Procurement Memorandum of Understanding with the Ministry of Defense of Japan. DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the Japanese Ministry of Defense or Armed Forces.

Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015)

[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Notices]
[Pages 81812-81813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32945]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2015-0071]


Negotiation of a Reciprocal Defense Procurement Memorandum of 
Understanding With the Ministry of Defense of Japan

AGENCY: Department of Defense (DoD).

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: On behalf of the U.S. Government, DoD is contemplating 
negotiating and concluding a Reciprocal Defense Procurement Memorandum 
of Understanding with the Ministry of Defense of Japan. DoD is 
requesting industry feedback regarding its experience in public defense 
procurements conducted by or on behalf of the Japanese Ministry of 
Defense or Armed Forces.

DATES: Submit written comments to the address shown below on or 
February 1, 2016.

ADDRESSES: Submit comments to Defense Procurement and Acquisition 
Policy, Attn: Ms. Patricia Foley, 3060 Defense Pentagon, Room 5E621, 
Washington, DC 20301-3060; or by email to 
patricia.g.foley.civ@mail.mil.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Foley, Senior Analyst, 
Office of the Under Secretary of Defense for Acquisition, Technology 
and Logistics (OUSD(AT&L)), Defense Procurement and Acquisition Policy, 
Contract Policy and International Contracting; Room 5E621, 3060 Defense 
Pentagon, Washington, DC 20301-3060; telephone (703) 693-1145.

SUPPLEMENTARY INFORMATION: DoD has concluded Reciprocal Defense 
Procurement (RDP) Memorandums of Understanding (MOUs) with 23 
``qualifying countries'' at the level of the Secretary of Defense and 
his counterpart. The purpose of RDP MOUs is to promote rationalization, 
standardization, and interoperability of conventional defense equipment 
with allies and other friendly governments. These MOUs provide a 
framework for ongoing communication regarding market access and 
procurement matters that enhance effective defense cooperation.
    RDP MOUs generally include language by which the Parties agree that 
their defense procurements will be conducted in accordance with certain 
implementing procedures. These procedures relate to--
     Publication of notices of proposed purchases;
     The content and availability of solicitations for proposed 
purchases;
     Notification to each unsuccessful offeror;
     Feedback, upon request, to unsuccessful offerors 
concerning the reasons they were not allowed to participate in a 
procurement or were not awarded a contract; and
     Provision for the hearing and review of complaints arising 
in connection with any phase of the procurement process to ensure that, 
to the extent possible, complaints are equitably and expeditiously 
resolved.
    Based on the MOU, each country affords the other country certain 
benefits on a reciprocal basis consistent with national laws and 
regulations. The benefits that the United States accords to the 
products of qualifying countries include--
     Offers of qualifying country end products are evaluated 
without applying the price differentials otherwise required by the Buy 
American statute and the Balance of Payments Program;
     The chemical warfare protection clothing restrictions in 
10 U.S.C. 2533a and the specialty metals restriction in 10 U.S.C. 
2533b(a)(1) do not apply to products manufactured in a qualifying 
country; and
     Customs, taxes, and duties are waived for qualifying 
country end products and components of defense procurements.
    If DoD (for the U.S. Government) concludes an RDP MOU with the 
Ministry of Defense of Japan, then Japan would be listed as one of the 
``qualifying countries'' in the definition of ``qualifying country'' at 
DFARS 225.003, and offers of products of Japan or that contain 
components from Japan would be afforded the benefits available to all 
qualifying countries. This also means that U.S. products would be 
exempt from any analogous ``Buy Japan'' laws or policies applicable to 
procurements by the Japan Ministry of Defense or Armed Forces.
    While DoD is evaluating Japan's laws and regulations in this area, 
DoD would benefit from U.S. industry's experience in participating in 
Japan's public defense procurements. DoD is, therefore, asking U.S. 
firms that have participated

[[Page 81813]]

or attempted to participate in procurements by or on behalf of Japan's 
Ministry of Defense or Armed Forces to let us know if the procurements 
were conducted with transparency, integrity, fairness, and due process 
in accordance with published procedures, and if not, the nature of the 
problems encountered.
    DoD is also interested in comments relating to the degree of 
reciprocity that exists between the United States and Japan when it 
comes to the openness of defense procurements to offers of products 
from the other country.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2015-32945 Filed 12-30-15; 8:45 am]
BILLING CODE 5001-06-P

81812 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices

from members of the public is to make members of the media. All registration market access and procurement matters
these submissions available for public forms will be accessed, completed and that enhance effective defense
viewing on the Internet at http:// submitted online. cooperation.
www.regulations.gov as they are Dated: December 28, 2015. RDP MOUs generally include
received without change, including any language by which the Parties agree that
Aaron Siegel,
personal identifiers or contact their defense procurements will be
Alternate OSD Federal Register, Liaison
information. Officer, Department of Defense.
conducted in accordance with certain
Any associated form(s) for this implementing procedures. These
[FR Doc. 2015–32952 Filed 12–30–15; 8:45 am]
collection may be located within this procedures relate to—
same electronic docket and downloaded BILLING CODE 5001–06–P • Publication of notices of proposed
for review/testing. Follow the purchases;
instructions at http:// • The content and availability of
DEPARTMENT OF DEFENSE solicitations for proposed purchases;
www.regulations.gov for submitting
comments. Please submit comments on • Notification to each unsuccessful
Defense Acquisition Regulations
any given form identified by docket offeror;
System
number, form number, and title. • Feedback, upon request, to
[Docket No. DARS–2015–0071] unsuccessful offerors concerning the
FOR FURTHER INFORMATION CONTACT: To
reasons they were not allowed to
request more information on this Negotiation of a Reciprocal Defense participate in a procurement or were not
proposed information collection or to Procurement Memorandum of awarded a contract; and
obtain a copy of the proposal and Understanding With the Ministry of • Provision for the hearing and
associated collection instruments, Defense of Japan review of complaints arising in
please write to: LTC Luis A. Fregoso, connection with any phase of the
Warrior Transition Command, 200 AGENCY: Department of Defense (DoD).
procurement process to ensure that, to
Stovall Street, Suite 7S37, Alexandria ACTION: Request for public comments.
the extent possible, complaints are
VA 22332–5000 or luis.a.fregoso3.mil@ equitably and expeditiously resolved.
mail.mil. SUMMARY: On behalf of the U.S.
Government, DoD is contemplating Based on the MOU, each country
SUPPLEMENTARY INFORMATION: negotiating and concluding a Reciprocal affords the other country certain
The following information collection Defense Procurement Memorandum of benefits on a reciprocal basis consistent
requirement is necessary to plan and Understanding with the Ministry of with national laws and regulations. The
execute the 2016 Warrior Games. Defense of Japan. DoD is requesting benefits that the United States accords
Created in 2010, the Warrior Games industry feedback regarding its to the products of qualifying countries
showcases the resilient spirit of today’s experience in public defense include—
wounded, ill or injured service members procurements conducted by or on behalf • Offers of qualifying country end
from all branches of the military. of the Japanese Ministry of Defense or products are evaluated without applying
Wounded, ill and/or injured athletes Armed Forces. the price differentials otherwise
from the Army, Marine Corps, Navy, DATES: Submit written comments to the
required by the Buy American statute
Coast Guard, Air Force and Special address shown below on or February 1, and the Balance of Payments Program;
Operations Command compete in eight • The chemical warfare protection
2016.
sports (archery, cycling, shooting, clothing restrictions in 10 U.S.C. 2533a
ADDRESSES: Submit comments to
swimming, track, field, sitting volleyball and the specialty metals restriction in
Defense Procurement and Acquisition 10 U.S.C. 2533b(a)(1) do not apply to
and wheelchair basketball) in a display
Policy, Attn: Ms. Patricia Foley, 3060 products manufactured in a qualifying
of courage and resilience. The 2016
Defense Pentagon, Room 5E621, country; and
Warrior Games (WG16), to be held June
Washington, DC 20301–3060; or by • Customs, taxes, and duties are
15 through June 21, 2016 at the U.S.
email to patricia.g.foley.civ@mail.mil. waived for qualifying country end
Military Academy (USMA) in West
FOR FURTHER INFORMATION CONTACT: Ms. products and components of defense
Point, New York, is being organized by
the Warrior Transition Command (WTC) Patricia Foley, Senior Analyst, Office of procurements.
of the U.S. Army. the Under Secretary of Defense for If DoD (for the U.S. Government)
Title; Associated Form; and OMB Acquisition, Technology and Logistics concludes an RDP MOU with the
Number: Warrior Games Registration (OUSD(AT&L)), Defense Procurement Ministry of Defense of Japan, then Japan
Forms; OMB Control Number 0702– and Acquisition Policy, Contract Policy would be listed as one of the ‘‘qualifying
XXXX. and International Contracting; Room countries’’ in the definition of
Needs and Uses: The information 5E621, 3060 Defense Pentagon, ‘‘qualifying country’’ at DFARS 225.003,
collected is necessary in order to plan Washington, DC 20301–3060; telephone and offers of products of Japan or that
and manage the 2016 Warrior Games. (703) 693–1145. contain components from Japan would
Affected Public: Individuals. SUPPLEMENTARY INFORMATION: DoD has be afforded the benefits available to all
Annual Burden Hours: 25.38 hours. concluded Reciprocal Defense qualifying countries. This also means
Number of Respondents: 245. Procurement (RDP) Memorandums of that U.S. products would be exempt
Responses per Respondent: 1. Understanding (MOUs) with 23 from any analogous ‘‘Buy Japan’’ laws or
Annual Responses: 245. ‘‘qualifying countries’’ at the level of the policies applicable to procurements by
Average Burden per Response: 7 Secretary of Defense and his the Japan Ministry of Defense or Armed
tkelley on DSK3SPTVN1PROD with NOTICES

minutes. counterpart. The purpose of RDP MOUs Forces.
Frequency: On Occasion. is to promote rationalization, While DoD is evaluating Japan’s laws
Respondents are individuals that will standardization, and interoperability of and regulations in this area, DoD would
be participating in the 2016 Warrior conventional defense equipment with benefit from U.S. industry’s experience
Games as: Athletes, non-medical allies and other friendly governments. in participating in Japan’s public
assistants, coaches, volunteers, family These MOUs provide a framework for defense procurements. DoD is, therefore,
members, distinguished visitors and ongoing communication regarding asking U.S. firms that have participated

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Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices 81813

or attempted to participate in Congress tasked the Judicial at least five (5) business days prior to
procurements by or on behalf of Japan’s Proceedings Panel to conduct an the meeting date so that they may be
Ministry of Defense or Armed Forces to independent review and assessment of made available to the Judicial
let us know if the procurements were judicial proceedings conducted under Proceedings Panel for their
conducted with transparency, integrity, the Uniform Code of Military Justice consideration prior to the meeting.
fairness, and due process in accordance (UCMJ) involving adult sexual assault Written comments should be submitted
with published procedures, and if not, and related offenses since the via email to the Judicial Proceedings
the nature of the problems encountered. amendments made to the UCMJ by Panel at whs.pentagon.em.mbx.judicial-
DoD is also interested in comments section 541 of the National Defense panel@mail.mil in the following
relating to the degree of reciprocity that Authorization Act for Fiscal Year 2012 formats: Adobe Acrobat or Microsoft
exists between the United States and (Pub. L. 112–81; 125 Stat. 1404), for the Word. Please note that since the Judicial
Japan when it comes to the openness of purpose of developing Proceedings Panel operates under the
defense procurements to offers of recommendations for improvements to provisions of the Federal Advisory
products from the other country. such proceedings. At this meeting, the Committee Act, as amended, all written
Panel will deliberate on its analysis, comments will be treated as public
Jennifer L. Hawes, documents and will be made available
conclusions and recommendations
Editor, Defense Acquisition Regulations for public inspection. If members of the
regarding Article 120 of the UCMJ. The
System. public are interested in making an oral
Panel will also continue deliberations
[FR Doc. 2015–32945 Filed 12–30–15; 8:45 am] statement, a written statement must be
on issues relating to retaliation against
BILLING CODE 5001–06–P
individuals who report incidents of submitted along with a request to
sexual assault within the military. The provide an oral statement. Oral
Panel is interested in written and oral presentations by members of the public
DEPARTMENT OF DEFENSE will be permitted from 4:30 p.m. to 4:45
comments from the public, including
non-governmental organizations, p.m. on January 15, 2016 in front of the
Office of the Secretary
relevant to these issues or any of the Panel members. The number of oral
Judicial Proceedings Since Fiscal Year Panel’s tasks. presentations to be made will depend
2012 Amendments Panel (Judicial Agenda: on the number of requests received from
Proceedings Panel); Notice of Federal —9:00 a.m.–12:00 p.m. Deliberations: members of the public on a first-come
Advisory Committee Meeting Article 120 of the UCMJ basis. After reviewing the requests for
—12:00 p.m.–1:00 p.m. Lunch oral presentation, the Chairperson and
AGENCY: Department of Defense. —1:00 p.m.–4:30 p.m. Deliberations and the Designated Federal Officer will, if
ACTION: Notice of meeting. Review of Draft Report: Retaliation they determine the statement to be
against Victims of Sexual Assault relevant to the Panel’s mission, allot five
SUMMARY: The Department of Defense is minutes to persons desiring to make an
publishing this notice to announce the Crimes
—4:30 p.m.–4:45 p.m. Public Comment oral presentation.
following Federal Advisory Committee Committee’s Designated Federal
meeting of the Judicial Proceedings Availability of Materials for the Officer: The Panel’s Designated Federal
since Fiscal Year 2012 Amendments Meeting: A copy of the January 15, 2016 Officer is Ms. Maria Fried, Department
Panel (‘‘the Judicial Proceedings Panel’’ public meeting agenda or any updates or of Defense, Office of the General
or ‘‘the Panel’’). The meeting is open to changes to the agenda, to include Counsel, 1600 Defense Pentagon, Room
the public. individual speakers not identified at the 3B747, Washington, DC 20301–1600.
time of this notice, as well as other
DATES: A meeting of the Judicial Dated: December 28, 2015.
materials provided to Panel members for
Proceedings Panel will be held on Aaron Siegel,
use at the public meeting, may be
Friday, January 15, 2016. The Public Alternate OSD Federal Register Liaison
obtained at the meeting or from the
Session will begin at 9:00 a.m. and end Officer, Department of Defense.
Panel’s Web site at http://jpp.whs.mil.
at 4:45 p.m. [FR Doc. 2015–32934 Filed 12–30–15; 8:45 am]
Public’s Accessibility to the Meeting:
ADDRESSES: The Holiday Inn Arlington Pursuant to 5 U.S.C. 552b and 41 CFR BILLING CODE 5001–06–P
at Ballston, 4610 N. Fairfax Drive, 102–3.140 through 102–3.165, and the
Arlington, Virginia 22203. availability of space, this meeting is
FOR FURTHER INFORMATION CONTACT: Ms. open to the public. Seating is limited DEPARTMENT OF DEFENSE
Julie Carson, Judicial Proceedings Panel, and is on a first-come basis.
One Liberty Center, 875 N. Randolph Office of the Secretary
Special Accommodations: Individuals
Street, Suite 150, Arlington, VA 22203. requiring special accommodations to [Docket ID: DoD–2015–OS–0143]
Email: whs.pentagon.em.mbx.judicial- access the public meeting should
panel@mail.mil. Phone: (703) 693–3849. contact the Judicial Proceedings Panel at Agency Information Collection
Web site: http://jpp.whs.mil. whs.pentagon.em.mbx.judicial-panel@ Activities: Proposed Collection;
SUPPLEMENTARY INFORMATION: This mail.mil at least five (5) business days Comment Request; Fast Track Generic
public meeting is being held under the prior to the meeting so that appropriate Clearance for the Collection of
provisions of the Federal Advisory arrangements can be made. Qualitative Feedback on Agency
Committee Act of 1972 (5 U.S.C., Procedures for Providing Public Service Delivery
Appendix, as amended), the Comments: Pursuant to 41 CFR 102– AGENCY: Office of the Secretary of
tkelley on DSK3SPTVN1PROD with NOTICES

Government in the Sunshine Act of 3.140 and section 10(a)(3) of the Federal Defense, DoD.
1976 (5 U.S.C. 552b, as amended), and Advisory Committee Act of 1972, the ACTION: Notice and request for
41 CFR 102–3.150. public or interested organizations may comments.
Purpose of the Meeting: In Section submit written comments to the Panel
576(a)(2) of the National Defense about its mission and topics pertaining SUMMARY: As part of a Federal
Authorization Act for Fiscal Year 2013 to this public session. Written Government-wide effort to streamline
(Pub. L. 112–239), as amended, comments must be received by the JPP the process to seek feedback from the

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Document Created: 2015-12-31 02:14:45
Document Modified: 2015-12-31 02:14:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for public comments.
Contact		Ms. Patricia Foley, Senior Analyst, Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (OUSD(AT&L)), Defense Procurement and Acquisition Policy, Contract Policy and International Contracting; Room 5E621, 3060 Defense Pentagon, Washington, DC 20301-3060; telephone (703) 693-1145.
FR Citation		80 FR 81812

80 FR 81812 - Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of Japan

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 80, Issue 251 (December 31, 2015)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System