[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2858-2859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-36]
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DEPARTMENT OF DEFENSE
Negotiation of a Reciprocal Defense Procurement Memorandum of
Understanding With the Czech Republic
AGENCY: Department of Defense (DoD).
ACTION: Request for public comments.
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SUMMARY: DoD is contemplating a Reciprocal Defense Procurement
Memorandum of Understanding with the Czech Republic. DoD is requesting
industry feedback regarding its experience in public defense
procurements conducted by or on behalf of the Czech Republic Ministry
of Defense or Armed Forces.
DATES: Comments must be received by February 18, 2010.
ADDRESSES: Submit comments to the Director, Defense Procurement and
Acquisition Policy, 3060 Defense Pentagon, Room 3B855, Attn: Ms. Susan
Hildner, Washington, DC 20301-3060; or by e-mail to
emily.clarke@osd.mil.
FOR FURTHER INFORMATION CONTACT: Ms. Emily Clarke, OUSD(AT&L),
Director, Defense Procurement and Acquisition Policy, Contract Policy
and
[[Page 2859]]
International Contracting; Room 5E621, 3060 Defense Pentagon,
Washington, DC 20301-3060; telephone (703) 697-9351.
SUPPLEMENTARY INFORMATION: The Reciprocal Defense Procurement
Memorandums of Understanding (RDP MOU)s that DoD has with 21
``qualifying'' countries are signed at the level of the Secretary of
Defense and his counterpart. The purpose of RDP MOUs is to promote
rationalization, standardization, and interoperability of conventional
defense equipment with allies and friendly governments. These MOUs
provide a framework for ongoing communication regarding market access
and procurement matters that affect 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
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.
Based on the MOU, each country affords the other 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 Act 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
do not apply to products manufactured in a qualifying country; and
Customs, taxes, and duties are waived for qualifying
country end products and components.
If DoD signs an RDP MOU with the Czech Republic, the Czech Republic
would be listed as one of the ``qualifying countries'' in the
definition of ``qualifying country'' at DFARS 225.003 and offers of
products of the Czech Republic or that contain components from the
Czech Republic would be afforded the benefits available to all
qualifying countries. This also means that U.S. products would be
exempt from any analogous ``Buy Czech Republic'' and ``Buy European
Union'' laws or policies applicable to procurements by the Czech
Republic Ministry of Defense or Armed Forces.
While DoD is evaluating the Czech Republic's laws and regulations
in this area, DoD would benefit from U.S. industry's experience in
participating in the Czech Republic'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 the Czech Republic's
Ministry of Defense or Armed Forces to let us know if the procurements
were conducted in accordance with published procedures with
transparency, integrity, fairness, and due process, 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 U.S. and the Czech Republic when it
comes to the openness of defense procurements to offers of products
from the other country.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2010-901 Filed 1-15-10; 8:45 am]
BILLING CODE 5001-08-P