Feasibility of a Reciprocal Defense Procurement Memorandum of Understanding With Poland, 33992-33993 [E8-13458]

Download as PDF 33992 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices significant resources on this review. Therefore, the Department is rescinding the administrative review of HSW covering the period October 1, 2006 through September 30, 2007. The Department intends to issue assessment instructions to U.S. Customs and Border Protection (‘‘CBP’’) 15 days after publication of this rescission notice. The Department will instruct CBP to assess antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is published in accordance with section 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: June 10, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–13494 Filed 6–13–08; 8:45 am] BILLING CODE 3510–DS–S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Entry of Shipments of Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and Apparel in Excess of U.S. - China Bilateral Textile Agreement Limits for 2008. June 11, 2008. The Committee for the Implementation of Textile Agreements (the Committee). ACTION: Notice. rwilkins on PROD1PC63 with NOTICES AGENCY: Ross Arnold, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 4824212. FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 18:44 Jun 13, 2008 Jkt 214001 SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE Authority: Executive Order 11651 of March 3, 1972, as amended; Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854). This notice serves to remind interested parties that charges against the limits subject to the U.S. - China Bilateral Textile Agreement signed on November 8, 2005 (the Agreement) are by date of export and not date of entry. A properly completed electronic visa (ELVIS) transmission will be required for all shipments exported prior to January 1, 2009 that are subject to Agreement limits, regardless of the date of entry into the United States. Shipments exported in 2008 in excess of agreed limits are in violation of the terms of the Agreement. Shipments exported from China on and after January 1, 2009 will not require an ELVIS transmission. The purpose of this notice is to advise the public that CITA reserves the right to permanently deny entry to or to stage entry to goods that have been shipped in excess of the 2008 limits under the Agreement. Overshipments of merchandise subject to the Agreement shall be subject to delayed and staged entry, in a manner similar to the procedures followed for overshipments of 2005 China textile safeguard limits, as published in the Federal Register Notice on December 5, 2005 (70 FR 72427). Any overshipments of the 2008 limits of the Agreement shall be subject to the following procedures: 1. Entry will not be allowed until one month after the expiration date of the agreement limit. Therefore entry will not be allowed until February 1, 2009. 2. At that time, only 5 percent of the 2008 base limit will be allowed entry for a one month period beginning on that date. 3. An additional 5 percent will be allowed entry monthly until all overshipments are allowed entry. CITA will publish a notice and directive to U.S. Customs and Border Protection (CBP) later this year indicating the categories involved in staged entry and the 5 percent quantities to be allowed in monthly beginning February 1, 2009. R. Matthew Priest, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E8–13482 Filed 6–13–08; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Defense Acquisition Regulations System Feasibility of a Reciprocal Defense Procurement Memorandum of Understanding With Poland 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. AGENCY: 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 buynational 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 barbara.glotfelty@osd.mil. FOR FURTHER INFORMATION CONTACT: Ms. Barbara Glotfelty, telephone 703–697– 9351. E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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 rwilkins on PROD1PC63 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Reinstitution of Small Business SetAsides for Certain Acquisitions Under the Small Business Competitiveness Demonstration Program Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Notice of reinstitution of small business set-asides under the Small Business Competitiveness Demonstration Program. AGENCY: SUMMARY: The Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has reinstituted the use of small business set-aside procedures for solicitations issued under the Designated Industry Groups (DIGs), including Construction (except dredging), Subsector 236—Construction of Buildings; non-nuclear ship repair acquisitions conducted by the Department of the Navy under North American Industry Classification System (NAICS) Code 3366111, Product or Service Code J999 (West Coast only); Architect and Engineering Services (including Surveying and Mapping); and Refuse Systems and Related Services. The Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has also reinstituted the use of small business set-aside procedures for construction solicitations issued under specific construction NAICS codes for the Army, the Navy, the Air Force, the Defense Logistics Agency, the Defense Information Systems Agency, the Defense Threat Reduction Agency, the Defense Education Activity, and the U.S. Special Operations Command. This action is required under the Small Business Competitiveness Demonstration Program because DoD has failed to attain its 40 percent goal in these DIGs. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 EFFECTIVE DATE: 33993 June 2, 2008. Ms. Lee Renna, OUSD(AT&L), Assistant Director, DoD Office of Small Business Programs, 201-12th Street South, Suite 406, Arlington, VA 22202; telephone 703–604–0157. SUPPLEMENTARY INFORMATION: The Office of Federal Procurement Policy and the Small Business Administration issued a final policy directive and an implementation plan on May 25, 1999, for the Small Business Competitiveness Demonstration Program. The Program is further implemented in the Federal Acquisition Regulation (FAR) Subpart 19.10 and the Defense FAR Supplement Subpart 219.10. Under the Program, small business set-asides are suspended for certain DIGs. However, pursuant to sections III.D.2.a. and IV.A.3. of the final policy directive and implementation plan, participating agencies such as DoD are required to reinstitute the use of small business set-asides whenever the small business awards under any DIG fall below 40 percent. Reinstitution of small business set-asides is limited to the organizational units(s) within the participating agency that failed to meet the small business participation goal(s). The Federal Procurement Data System—Next Generation indicates that for the 12-month period ending September 30, 2007, DoD’s small business participation rate was less than 40 percent in the following DIGs: 1. Construction (Except Dredging), Subsector 236, Construction of Buildings. 2. Non-Nuclear Ship Repair, Product or Service Code J999 (West Coast only). 3. Architect and Engineering Services (including Surveying and Mapping). 4. Refuse Systems and Related Services. In addition to the DIGs identified above, section IV.A.3. of the final policy directive and implementation plan requires that small business set-asides also be reinstituted when an individual organizational unit attained less than a 35 percent small business participation rate, even when DoD’s overall achievement in the DIG was 40 percent or greater. The 35 percent rule applies only to Architect and Engineering services and the Construction Subsectors and only for the specific NAICS codes (formerly known as Standard Industrial Classification codes) that fell below 35 percent. Accordingly, the Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has directed that subsequent contracting opportunities in excess of the amount reserved for emerging small FOR FURTHER INFORMATION CONTACT: E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33992-33993]
From the Federal Register Online via the Government Printing 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.

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

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 barbara.glotfelty@osd.mil.

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

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