82_FR_49007 82 FR 48805 - Negotiation of a Follow on Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland and With the Republic of Finland

82 FR 48805 - Negotiation of a Follow on Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland and With the Republic of Finland

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48805-48806
FR Document2017-22714

On behalf of the United States Government, DoD is contemplating negotiating and concluding two follow on Reciprocal Defense Procurement (RDP) Memoranda of Understanding (MOU) with the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland and with the Republic of Finland, respectively. DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the United Kingdom (UK) Ministry of Defence and by or on behalf of the Republic of Finland (Finland) Ministry of Defence.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48805-48806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22714]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket DARS-2017-0006]


Negotiation of a Follow on Reciprocal Defense Procurement 
Memorandum of Understanding With the Ministry of Defence of the United 
Kingdom of Great Britain and Northern Ireland and With the Republic of 
Finland

AGENCY: Department of Defense (DoD).

ACTION: Request for public comments.

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

SUMMARY: On behalf of the United States Government, DoD is 
contemplating negotiating and concluding two follow on Reciprocal 
Defense Procurement (RDP) Memoranda of Understanding (MOU) with the 
Ministry of Defence of the United Kingdom of Great Britain and Northern 
Ireland and with the Republic of Finland, respectively. DoD is 
requesting industry feedback regarding its experience in public defense 
procurements conducted by or on behalf of the United Kingdom (UK) 
Ministry of Defence and by or on behalf of the Republic of Finland 
(Finland) Ministry of Defence.

DATES: Comments must be received by November 20, 2017.

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 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Foley, Senior Procurement 
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 RDP MOUs with 27 
``qualifying'' countries at the level of the Secretary of Defense and 
his counterpart. The purpose of a 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 protective 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.
    Both countries have been listed as ``qualifying countries'' in the 
definition of ``qualifying country'' at Defense Federal Acquisition 
Regulation Supplement 225.003(10), and offers of products of the UK and 
Finland, or that contain components from these countries, would 
continue to be afforded the benefits available to all qualifying 
countries. This also means that U.S. products would be exempt from any 
analogous ``Buy National'' laws or policies applicable to procurements 
by the Ministry of Defence of each country.
    While DoD is evaluating laws and regulations in this area, DoD 
would

[[Page 48806]]

benefit from U.S. industry's experience in participating in public 
defense procurements issued by these countries. DoD is, therefore, 
asking U.S. firms that have participated or attempted to participate in 
procurements by or on behalf of the UK's Ministry of Defence or 
Finland's Ministry of Defence 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 the UK Finland 
when it comes to the openness of defense procurements to offers of 
products from either country.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2017-22714 Filed 10-19-17; 8:45 am]
BILLING CODE P



                                                                              Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices                                          48805

                                                supporting the iconic image of ANC;                     Designated Federal Officer in                         conventional defense equipment with
                                                and a briefing on the status of all                     consultation with the subcommittee                    allies and other friendly governments.
                                                commemorative monuments within and                      Chairperson, may allot a specific                     These MOUs provide a framework for
                                                proposed for erection at the cemetery.                  amount of time for submitters to present              ongoing communication regarding
                                                   Public’s Accessibility to the Meeting:               their comments verbally.                              market access and procurement matters
                                                Pursuant to 5 U.S.C. 552b and 41 CFR                                                                          that enhance effective defense
                                                                                                        Brenda S. Bowen,
                                                102–3.140 through 102–3.165, and the                                                                          cooperation.
                                                availability of space, this meeting is                  Army Federal Register Liaison Officer.
                                                                                                                                                                 RDP MOUs generally include
                                                open to the public. Seating is on a first-              [FR Doc. 2017–22788 Filed 10–19–17; 8:45 am]          language by which the Parties agree that
                                                come basis. The ANC Welcome Center                      BILLING CODE 5001–03–P                                their defense procurements will be
                                                Conference room is readily accessible to                                                                      conducted in accordance with certain
                                                and usable by persons with disabilities.                                                                      implementing procedures. These
                                                For additional information about public                 DEPARTMENT OF DEFENSE                                 procedures relate to—
                                                access procedures, contact Mr. Timothy
                                                                                                        Defense Acquisition Regulations                          • Publication of notices of proposed
                                                Keating, the Alternate Designated                                                                             purchases;
                                                                                                        System
                                                Federal Officer, at the email address or                                                                         • The content and availability of
                                                telephone number listed in the FOR                      [Docket DARS–2017–0006]                               solicitations for proposed purchases;
                                                FURTHER INFORMATION CONTACT section.                                                                             • Notification to each unsuccessful
                                                   Written Comments and Statements:                     Negotiation of a Follow on Reciprocal                 offeror;
                                                Pursuant to 41 CFR 102–3.105(j) and                     Defense Procurement Memorandum of                        • Feedback, upon request, to
                                                102–3.140 and section 10(a)(3) of the                   Understanding With the Ministry of                    unsuccessful offerors concerning the
                                                Federal Advisory Committee Act, the                     Defence of the United Kingdom of                      reasons they were not allowed to
                                                public or interested organizations may                  Great Britain and Northern Ireland and                participate in a procurement or were not
                                                submit written comments or statements                   With the Republic of Finland                          awarded a contract; and
                                                to the subcommittee, in response to the                 AGENCY:    Department of Defense (DoD).                  • Provision for the hearing and
                                                stated agenda of the open meeting or in                                                                       review of complaints arising in
                                                                                                        ACTION:   Request for public comments.
                                                regard to the subcommittee’s mission in                                                                       connection with any phase of the
                                                general. Written comments or                            SUMMARY:   On behalf of the United States             procurement process to ensure that, to
                                                statements should be submitted to Mr.                   Government, DoD is contemplating                      the extent possible, complaints are
                                                Timothy Keating, the subcommittee’s                     negotiating and concluding two follow                 equitably and expeditiously resolved.
                                                Alternate Designated Federal Officer,                   on Reciprocal Defense Procurement                        Based on the MOU, each country
                                                via electronic mail, the preferred mode                 (RDP) Memoranda of Understanding                      affords the other country certain
                                                of submission, at the address listed in                 (MOU) with the Ministry of Defence of                 benefits on a reciprocal basis consistent
                                                the FOR FURTHER INFORMATION CONTACT                     the United Kingdom of Great Britain                   with national laws and regulations. The
                                                section. Each page of the comment or                    and Northern Ireland and with the                     benefits that the United States accords
                                                statement must include the author’s                     Republic of Finland, respectively. DoD                to the products of qualifying countries
                                                name, title or affiliation, address, and                is requesting industry feedback                       include—
                                                daytime phone number. Written                           regarding its experience in public                       • Offers of qualifying country end
                                                comments or statements being                            defense procurements conducted by or                  products are evaluated without applying
                                                submitted in response to the agenda set                 on behalf of the United Kingdom (UK)                  the price differentials otherwise
                                                forth in this notice must be received by                Ministry of Defence and by or on behalf               required by the Buy American statute
                                                the Designated Federal Officer at least                 of the Republic of Finland (Finland)                  and the Balance of Payments Program;
                                                seven business days prior to the meeting                Ministry of Defence.                                     • The chemical warfare protective
                                                to be considered by the subcommittee.                                                                         clothing restrictions in 10 U.S.C. 2533a
                                                                                                        DATES: Comments must be received by
                                                The Designated Federal Officer will                                                                           and the specialty metals restriction in
                                                                                                        November 20, 2017.
                                                review all timely submitted written                                                                           10 U.S.C. 2533b(a)(1) do not apply to
                                                                                                        ADDRESSES: Submit comments to
                                                comments or statements with the                                                                               products manufactured in a qualifying
                                                respective subcommittee Chairperson,                    Defense Procurement and Acquisition                   country; and
                                                and ensure the comments are provided                    Policy, Attn: Ms. Patricia Foley, 3060                   • Customs, taxes, and duties are
                                                to all members of the subcommittee                      Defense Pentagon, Room 5E621,                         waived for qualifying country end
                                                before the meeting. Written comments                    Washington, DC 20301–3060; or by                      products and components of defense
                                                or statements received after this date                  email to patricia.g.foley.civ@mail.mil.               procurements.
                                                may not be provided to the                              FOR FURTHER INFORMATION CONTACT: Ms.                     Both countries have been listed as
                                                subcommittee until its next meeting.                    Patricia Foley, Senior Procurement                    ‘‘qualifying countries’’ in the definition
                                                Pursuant to 41 CFR 102–3.140d, the                      Analyst, Office of the Under Secretary of             of ‘‘qualifying country’’ at Defense
                                                subcommittee is not obligated to allow                  Defense for Acquisition, Technology                   Federal Acquisition Regulation
                                                the public to speak or otherwise address                and Logistics (OUSD(AT&L)), Defense                   Supplement 225.003(10), and offers of
                                                the subcommittee during the meeting.                    Procurement and Acquisition Policy,                   products of the UK and Finland, or that
                                                However, interested persons may                         Contract Policy and International                     contain components from these
                                                submit a written statement or a request                 Contracting; Room 5E621, 3060 Defense                 countries, would continue to be
                                                to speak for consideration by the                       Pentagon, Washington, DC 20301–3060;                  afforded the benefits available to all
                                                                                                        telephone 703–693–1145.
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                                                subcommittee. After reviewing any                                                                             qualifying countries. This also means
                                                written statements or requests                          SUPPLEMENTARY INFORMATION: DoD has                    that U.S. products would be exempt
                                                submitted, the subcommittee                             concluded RDP MOUs with 27                            from any analogous ‘‘Buy National’’
                                                Chairperson and the Designated Federal                  ‘‘qualifying’’ countries at the level of the          laws or policies applicable to
                                                Officer may choose to invite certain                    Secretary of Defense and his                          procurements by the Ministry of
                                                submitters to present their comments                    counterpart. The purpose of a RDP MOU                 Defence of each country.
                                                verbally during the open portion of this                is to promote rationalization,                           While DoD is evaluating laws and
                                                meeting or at a future meeting. The                     standardization, and interoperability of              regulations in this area, DoD would


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                                                48806                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

                                                benefit from U.S. industry’s experience                 455 Germantown Building, U.S.                         the Atomic Energy Act of 1954, as
                                                in participating in public defense                      Department of Energy, 1000                            amended, codified at 42 U.S.C. 2165;
                                                procurements issued by these countries.                 Independence Ave. SW., Washington,                    Executive Order 12968 (August 2, 1995);
                                                DoD is, therefore, asking U.S. firms that               DC 20585–1290 or by fax at 301–903–                   Executive Order 10865 (February 20,
                                                have participated or attempted to                       2194, by email at Sandra.Dentinger@                   1960); Executive Order 10450 (April 27,
                                                participate in procurements by or on                    hq.doe.gov, or information about the                  1953); DOE O 472.2 (July 21, 2011).
                                                behalf of the UK’s Ministry of Defence                  collection instruments may be obtained
                                                                                                        at: https://energy.gov/ehss/information-                 Security Incident Notification Report
                                                or Finland’s Ministry of Defence to let
                                                us know if the procurements were                        collection.                                           and Report of Preliminary Security
                                                conducted with transparency, integrity,                                                                       Incident/Infraction (DOE F 471.1 and
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                fairness, and due process in accordance                                                                       DOE F 5639.3): Executive Order 13526
                                                                                                        Requests for additional information or                (December 29, 2009); 32 CFR part 2001;
                                                with published procedures, and if not,                  copies of the information collection
                                                the nature of the problems encountered.                                                                       DOE O 470.4B (July 21, 2011).
                                                                                                        instrument and instructions should be
                                                   DoD is also interested in comments                   directed to the person listed above in                   DOE F 5631.20, Request for Visitor
                                                relating to the degree of reciprocity that              ADDRESSES.                                            Access Approval: Section 145(b) of the
                                                exists between the United States and the                                                                      Atomic Energy Act of 1954, as amended,
                                                                                                        SUPPLEMENTARY INFORMATION: This
                                                UK Finland when it comes to the                                                                               codified at 42 U.S.C. 2165.
                                                openness of defense procurements to                     information collection request contains:
                                                offers of products from either country.                 (1) OMB No. 1910–1800; (2) Information                   DOE Form 5631.18, Security
                                                                                                        Collection Request Title: Security; (3)               Acknowledgement: Section 145(b) of the
                                                Jennifer L. Hawes,                                      Type of Review: renewal/revision; (4)                 Atomic Energy Act of 1954, as amended,
                                                Editor, Defense Acquisition Regulations                 Purpose: The collections are used by                  codified at 42 U.S.C. 2165; Executive
                                                System.                                                 DOE to exercise management oversight                  Order 13526 (December 29, 2009);
                                                [FR Doc. 2017–22714 Filed 10–19–17; 8:45 am]            and control over its contractors that                 Executive Order 10865 (Feb. 20, 1960);
                                                BILLING CODE P                                          provide goods and services for DOE                    Executive Order 10450 (April 27, 1953);
                                                                                                        organizations and activities in                       DOE O 5631.2C (February 17, 1994).
                                                                                                        accordance with the terms of their
                                                                                                        contracts and the applicable statutory,                  DOE Form 5631.29, Security
                                                DEPARTMENT OF ENERGY
                                                                                                        regulatory, and mission support                       Termination Statement: Section 145(b)
                                                Agency Information Collection                           requirements of the Department.                       of the Atomic Energy Act of 1954, as
                                                Extension/Revision                                      Information collected is for (1) Foreign              amended, codified at 42 U.S.C. 2165;
                                                                                                        Ownership, Control or Influence data                  Executive Order 13526 (December 29,
                                                      U.S. Department of Energy.
                                                AGENCY:                                                 from bidders on DOE contracts requiring               2009); Executive Order 10865 (Feb. 20,
                                                      Notice and request for
                                                ACTION:                                                 personnel security clearances; and (2)                1960); Executive Order 10450 (Apr. 27,
                                                comments.                                               individuals in the process of applying                1953); 32 CFR part 2001; DOE O 472.2
                                                SUMMARY:    The Department of Energy                    for a security clearance/access                       (July 21, 2011).
                                                (DOE), pursuant to the Paperwork                        authorization or who already holds one.                  DOE Form 5631.5, The Conduct of
                                                Reduction Act of 1995, intends to                       The collections are: DOE Form 5631.18,                Personnel Security Interviews: 10 CFR
                                                extend for three years, an information                  Security Acknowledgement; DOE F                       part 710; Executive Order 12968 (Aug.
                                                collection request with the Office of                   5631.20, Request for Visitor Access
                                                                                                                                                              2, 1995); Executive Order 10450 (April
                                                Management and Budget (OMB).                            Approval; DOE Form 5631.29, Security
                                                                                                                                                              27, 1953); DOE Order 472.2 (July 21,
                                                Comments are invited on: (a) Whether                    Termination Statement; DOE F 5631.34,
                                                                                                        Data Report on Spouse/Cohabitant; DOE                 2011).
                                                the extended collection of information
                                                                                                        Form 5631.5, The Conduct of Personnel                    DOE F 471.1, Security Incident
                                                is necessary for the proper performance
                                                                                                        Security Interviews; DOE Form 5639.3                  Notification Report; DOE Form 472.3
                                                of the functions of the agency, including
                                                whether the information shall have                      Report of Security Incident/Infraction;               Foreign Citizenship Acknowledgement;
                                                practical utility; (b) the accuracy of the              DOE F 471.1, Security Incident                        and DOE Form 473.2, Security Badge
                                                agency’s estimate of the burden of the                  Notification Report; DOE Form 472.3                   Request; the Atomic Energy Act of 1954,
                                                proposed collection of information,                     Foreign Citizenship Acknowledgement;                  as amended, and by Executive Orders
                                                including the validity of the                           DOE Form 473.2, Security Badge                        13764, 10865, and 13526.
                                                methodology and assumptions used; (c)                   Request; DOE Form 473.3, U.S.
                                                                                                                                                                 Electronic Foreign Ownership, Control
                                                ways to enhance the quality, utility, and               Department of Energy Clearance Access
                                                                                                                                                              or Influence (e-FOCI) System: Executive
                                                clarity of the information to be                        Request; Influence (e-FOCI) System as
                                                                                                                                                              Order 12829 (January 6, 1993); DOE O
                                                collected; and (d) ways to minimize the                 required by DOE Order 470.4B,
                                                                                                        Safeguards and Security Program,                      470.4B (July 21, 2011).
                                                burden of the collection of information
                                                                                                        Section 2; and the Foreign Access                        Foreign Access Central Tracking
                                                on respondents, including through the
                                                                                                        Central Tracking System (FACTS); (5)                  System (FACTS): Presidential Decision
                                                use of automated collection techniques
                                                or other forms of information                           Estimated Number of Respondents:                      Directive 61 (February 1999); DOE O
                                                technology.                                             86,893; (6) Annual Estimated Number of                142.3A (October 14, 2010).
                                                                                                        Total Responses: 86,893; (7) Annual                     Issued in Washington, DC, on August 28,
                                                DATES: Comments regarding this                          Estimated Number of Burden Hours:
                                                proposed information collection must                                                                          2017.
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                                                                                                        11,296; (8) Annual Estimated Reporting
                                                be received on or before December 19,                                                                         Stephanie K. Martin,
                                                                                                        and Recordkeeping Cost Burden: 0.
                                                2017. If you anticipate difficulty in                      Statutory Authority: Section 641 of                Director, Office of Resource Management,
                                                submitting comments within that                         the Department of Energy Organization                 Office of Environment, Health, Safety and
                                                period, contact the person listed below                 Act, codified at 42 U.S.C. 7251, and the              Security.
                                                as soon as possible.                                    following additional authorities:                     [FR Doc. 2017–22799 Filed 10–19–17; 8:45 am]
                                                ADDRESSES: Written comments may be                         DOE F 5631.34, Data Report on                      BILLING CODE 6450–01–P
                                                sent to Sandra K. Dentinger, AU–70/E–                   Spouse/Cohabitant: Section 145(b) of


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Document Created: 2017-10-20 00:06:31
Document Modified: 2017-10-20 00:06:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comments.
DatesComments must be received by November 20, 2017.
ContactMs. Patricia Foley, Senior Procurement 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 Citation82 FR 48805 

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