[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51757-51758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17348]
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DEPARTMENT OF DEFENSE
Negotiation of a Reciprocal Defense Procurement Memorandum of
Understanding With Argentina
AGENCY: Department of Defense (DoD).
ACTION: Request for industry feedback regarding experience in public
(defense) procurements conducted by Argentina.
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SUMMARY: DoD is commencing negotiation of a Reciprocal Defense
Procurement Memorandum of Understanding (MOU) with Argentina. DoD is
soliciting input from U.S. industry that has had experience
[[Page 51758]]
participating in public defense procurements conducted by or on behalf
of the Argentine Ministry of Defense or Armed Forces. The contemplated
MOU would involve reciprocal waivers of buy-national laws by each
country. This would mean that Argentina would be added to the list of
``qualifying countries'' in the Defense Federal Acquisition Regulation
Supplement (DFARS) and that U.S. products and services would be exempt
from ``Buy Argentine'' laws applicable to procurements by the Argentine
Ministry of Defense and Armed Forces.
DATES: Comments must be received by September 30, 2005.
ADDRESSES: You may submit comments to Director, Defense Procurement and
Acquisition Policy, 3060 Defense Pentagon, Attn: Mr. Daniel C. Nielsen,
Washington, DC 20301-3060; or by e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Glotfelty, OUSD(AT&L),
Director of Defense Procurement and Acquisition Policy, Program
Acquisition and International Contracting, Room 5E581, 3060 Defense
Pentagon, Washington, DC 20301-3060; telephone (703) 697-9351.
SUPPLEMENTARY INFORMATION: The Reciprocal Defense Procurement MOUs DoD
has with 21 countries are signed at the level of the Secretary of
Defense and his counterpart. The purpose of these MOUs is to promote
rationalization, standardization, and interoperability of defense
equipment with allies and friendly governments. It provides a framework
for ongoing communication regarding market access and procurement
matters that affect effective defense cooperation. Based on the MOU,
each country affords the other certain benefits on a reciprocal basis,
consistent with national laws and regulations. For 19 of the 21 MOU
countries, these include evaluation of offers without applying price
differentials under ``Buy National'' laws (e.g., the Buy American Act),
and making provision for duty-free certificates.
Argentina was designated a Major Non-NATO Ally by the United States
in January 1998, in recognition of its contributions to international
security and peacekeeping.
The countries with which DoD has Reciprocal Defense Procurement
MOUs are identified in DFARS 225.872-1. Should an MOU be concluded with
Argentina, Argentina would be added to the list of qualifying
countries. If, based on and in conjunction with the MOU, DoD determines
that it would be inconsistent with the public interest to apply the
restrictions of the Buy American Act to the acquisition of Argentine
defense equipment and supplies, Argentina would be listed in DFARS
225.872-1(a). If a determination will be made on a purchase-by-purchase
basis, Argentina would be listed in DFARS 225.872-1(b).
MOUs generally include language by which the parties agree that
their procurements will be conducted in accordance with certain
implementing procedures. These procedures include 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 providing 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 between an offeror and the
procuring activity.
While DoD has evaluated Argentine laws and regulations regarding
public procurements, DoD would benefit from knowledge of U.S. industry
experience in participating in Argentine public defense procurements.
We are, therefore, asking U.S. firms that have participated or
attempted to participate in procurements by or on behalf of Argentina's
Ministry of Defense or Armed Forces to let us know if the procurements
were conducted in accordance with published procedures with fairness
and due process, and if not, the nature of the problems encountered.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. 05-17348 Filed 8-30-05; 8:45 am]
BILLING CODE 5001-08-P