[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33992-33993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13458]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
Feasibility of a Reciprocal Defense Procurement Memorandum of
Understanding With Poland
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Request for industry feedback regarding experience in public
(particularly defense) procurements conducted by the Republic of
Poland.
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SUMMARY: DoD is soliciting information from U.S. industry that has had
experience participating in public defense procurements conducted by or
on behalf of Poland's Ministry of National Defense or Armed Forces. DoD
is considering the possibility of negotiating a Reciprocal Defense
Procurement Memorandum of Understanding (RDP MOU) with Poland. The
contemplated MOU would involve reciprocal waivers of buy-national laws
by each country. This would mean that Poland would be added to the list
of ``qualifying countries'' in the Defense Federal Acquisition
Regulation Supplement (DFARS), and that offers of products of Poland
would be exempt from the U.S. Buy American Act and Balance of Payments
Program policy that would otherwise require DoD to add 50 percent to
the price of the foreign products when evaluating offers. This also
means that U.S. products should be exempt from any analogous ``Buy
Polish'' law or policy applicable to Poland's defense procurements. DoD
is interested in industry comments relating to the transparency,
integrity, and general fairness of Poland's public (defense)
procurement processes. DoD is also interested in comments relating to
the degree of reciprocity that exists between the United States and
Poland when it comes to the openness of defense procurements to offers
of products of the other country.
DATES: Comments, which will be treated in a confidential manner, must
be received by July 16, 2008.
ADDRESSES: You may submit comments to: Office of the Director, Defense
Procurement, Acquisition Policy, and Strategic Sourcing, ATTN: OUSD
(AT&L) DPAP (CPIC), 3060 Defense Pentagon, Washington, DC 20301-3060;
or by e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Glotfelty, telephone 703-
697-9351.
[[Page 33993]]
SUPPLEMENTARY INFORMATION: The RDP MOUs that DoD has entered into with
21 countries are signed by 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 RDP 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 entry of goods delivered under
covered contracts.
Poland is a North Atlantic Treaty Organization Ally of the United
States.
The countries with which DoD has RDP MOUs are identified in DFARS
225.872-1. Should an RDP MOU be concluded with Poland, Poland would be
added to the list of qualifying countries. If, based on and in
conjunction with the RDP 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 Polish defense equipment and
supplies, Poland would be listed in DFARS 225.872-1(a). If a
determination will be made on a purchase-by-purchase basis, Poland
would be listed in DFARS 225.872-1(b).
RDP 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 is evaluating Poland's laws and regulations in this area,
DoD would benefit from knowledge of U.S. industry experience in
participating in Poland'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 Poland's Ministry of
National Defense or Armed Forces to provide input as to whether the
procurements were conducted in accordance with published procedures
with fairness and due process and, if not, the nature of the problems
encountered. All comments received will be treated as confidential
submissions.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E8-13458 Filed 6-13-08; 8:45 am]
BILLING CODE 5001-08-P