81 FR 9813 - Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of Estonia

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 38 (February 26, 2016)

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

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Page 9813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04186]



[[Page 9813]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2016-0005]


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

AGENCY: Department of Defense (DoD).

ACTION: Notice.

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

DATES: Submit written comments to the address shown below on or before 
March 28, 2016.

ADDRESSES: Submit comments to Defense Procurement and Acquisition 
Policy, Attn: Lt. Col. Judy Anderson, 3060 Defense Pentagon, Room 
5E621, Washington, DC 20301-3060; or by email to 
judy.p.anderson1.mil@mail.mil">judy.p.anderson1.mil@mail.mil.

FOR FURTHER INFORMATION CONTACT: Lt. Col. Judy Anderson, 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) 695-7197.

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 an RDP MOU 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 United States Government) concludes an RDP MOU with 
the Ministry of Defense of Estonia, then Estonia would be listed as one 
of the ``qualifying countries'' in the definition of ``qualifying 
country'' at DFARS 225.003, and offers of products of Estonia or that 
contain components from Estonia would be afforded the benefits 
available to all qualifying countries. This also means that U.S. 
products would be exempt from any analogous ``Buy Estonia'' and ``Buy 
European Union'' laws or policies applicable to procurements by the 
Estonia Ministry of Defense or Armed Forces.
    While DoD is evaluating Estonia's laws and regulations in this 
area, DoD would benefit from U.S. industry's experience in 
participating in Estonia's public defense procurements. DoD is, 
therefore, asking U.S. firms that have participated or attempted to 
participate in procurements by or on behalf of Estonia'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 Estonia 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. 2016-04186 Filed 2-25-16; 8:45 am]
 BILLING CODE 5001-06-P