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)
Defense Acquisition Regulations System
Federal Register Volume 81, Issue 38 (February 26, 2016)
| Page Range | 9813-9813 | |
| FR Document | 2016-04186 |
[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]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 9813
DEPARTMENT OF DEFENSE • Publication of notices of proposed published procedures, and if not, the
purchases; nature of the problems encountered.
Defense Acquisition Regulations • The content and availability of DoD is also interested in comments
System solicitations for proposed purchases; relating to the degree of reciprocity that
• Notification to each unsuccessful exists between the United States and
[Docket No. DARS–2016–0005] offeror; Estonia when it comes to the openness
• Feedback, upon request, to of defense procurements to offers of
Negotiation of a Reciprocal Defense unsuccessful offerors concerning the products from the other country.
Procurement Memorandum of reasons they were not allowed to
Understanding With the Ministry of participate in a procurement or were not Jennifer L. Hawes,
Defense of Estonia awarded a contract; and Editor, Defense Acquisition Regulations
• Provision for the hearing and System.
AGENCY: Department of Defense (DoD). review of complaints arising in [FR Doc. 2016–04186 Filed 2–25–16; 8:45 am]
ACTION: Notice. connection with any phase of the BILLING CODE 5001–06–P
procurement process to ensure that, to
SUMMARY: On behalf of the U.S.
the extent possible, complaints are
Government, DoD is contemplating DEPARTMENT OF DEFENSE
equitably and expeditiously resolved.
negotiating and concluding a Reciprocal Based on the MOU, each country
Defense Procurement (RDP) affords the other country certain Department of the Army; Corps of
Memorandum of Understanding (MOU) benefits on a reciprocal basis consistent Engineers
with the Ministry of Defense of Estonia. with national laws and regulations. The
DoD is requesting industry feedback Inland Waterways Users Board
benefits that the United States accords
regarding its experience in public Meeting Notice
to the products of qualifying countries
defense procurements conducted by or include— AGENCY: Department of the Army, U.S.
on behalf of the Estonian Ministry of • Offers of qualifying country end Army Corps of Engineers, DoD.
Defense or Armed Forces. products are evaluated without applying ACTION: Notice of open Federal advisory
DATES: Submit written comments to the the price differentials otherwise committee meeting.
address shown below on or before required by the Buy American statute
March 28, 2016. and the Balance of Payments Program; SUMMARY: The Department of the Army
ADDRESSES: Submit comments to • The chemical warfare protection is publishing this notice to announce
Defense Procurement and Acquisition clothing restrictions in 10 U.S.C. 2533a, the following Federal advisory
Policy, Attn: Lt. Col. Judy Anderson, and the specialty metals restriction in committee meeting of the U.S. Army
3060 Defense Pentagon, Room 5E621, 10 U.S.C. 2533b(a)(1) do not apply to Corps of Engineers, Inland Waterways
Washington, DC 20301–3060; or by products manufactured in a qualifying Users Board (Board). This meeting is
email to judy.p.anderson1.mil@ country; and open to the public. For additional
mail.mil. • Customs, taxes, and duties are information about the Board, please
waived for qualifying country end visit the committee’s Web site at http://
FOR FURTHER INFORMATION CONTACT: Lt. products and components of defense www.iwr.usace.army.mil/Missions/
Col. Judy Anderson, Senior Analyst, procurements. Navigation/InlandWaterwaysUsers
Office of the Under Secretary of Defense If DoD (for the United States Board.aspx.
for Acquisition, Technology and Government) concludes an RDP MOU
Logistics (OUSD(AT&L)), Defense with the Ministry of Defense of Estonia, DATES: The Army Corps of Engineers,
Procurement and Acquisition Policy, then Estonia would be listed as one of Inland Waterways Users Board will
Contract Policy and International the ‘‘qualifying countries’’ in the meet from 9:00 a.m. to 1:00 p.m. on
Contracting; Room 5E621, 3060 Defense definition of ‘‘qualifying country’’ at April 1, 2016. Public registration will
Pentagon, Washington, DC 20301–3060; DFARS 225.003, and offers of products begin at 8:15 a.m.
telephone (703) 695–7197. of Estonia or that contain components ADDRESSES: The Board meeting will be
SUPPLEMENTARY INFORMATION: DoD has from Estonia would be afforded the conducted at the Hotel Monaco—
concluded Reciprocal Defense benefits available to all qualifying Pittsburgh, 620 William Penn Place,
Procurement (RDP) Memorandums of countries. This also means that U.S. Pittsburgh, PA 15219, at 412–471–1170,
Understanding (MOUs) with 23 products would be exempt from any reservations at 855–338–3837, http://
‘‘qualifying countries’’ at the level of the analogous ‘‘Buy Estonia’’ and ‘‘Buy www.monaco-pittsburgh.com.
Secretary of Defense and his European Union’’ laws or policies FOR FURTHER INFORMATION CONTACT: Mr.
counterpart. The purpose of an RDP applicable to procurements by the Mark R. Pointon, the Designated Federal
MOU is to promote rationalization, Estonia Ministry of Defense or Armed Officer (DFO) for the committee, in
standardization, and interoperability of Forces. writing at the Institute for Water
conventional defense equipment with While DoD is evaluating Estonia’s Resources, U.S. Army Corps of
allies and other friendly governments. laws and regulations in this area, DoD Engineers, ATTN: CEIWR–GM, 7701
These MOUs provide a framework for would benefit from U.S. industry’s Telegraph Road, Casey Building,
ongoing communication regarding experience in participating in Estonia’s Alexandria, VA 22315–3868; by
market access and procurement matters public defense procurements. DoD is, telephone at 703–428–6438; and by
mstockstill on DSK4VPTVN1PROD with NOTICES
that enhance effective defense therefore, asking U.S. firms that have email at Mark.Pointon@usace.army.mil.
cooperation. participated or attempted to participate Alternatively, contact Mr. Kenneth E.
RDP MOUs generally include in procurements by or on behalf of Lichtman, the Alternate Designated
language by which the Parties agree that Estonia’s Ministry of Defense or Armed Federal Officer (ADFO), in writing at the
their defense procurements will be Forces to let us know if the Institute for Water Resources, U.S. Army
conducted in accordance with certain procurements were conducted with Corps of Engineers, ATTN: CEIWR–GW,
implementing procedures. These transparency, integrity, fairness, and 7701 Telegraph Road, Casey Building,
procedures relate to— due process in accordance with Alexandria, VA 22315–3868; by
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Document Created: 2018-02-02 14:37:19
Document Modified: 2018-02-02 14:37:19
| 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 | Notice. | |
| 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. | |
| FR Citation | 81 FR 9813 |
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