Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of Estonia, 9813 [2016-04186]

Download as PDF Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket No. DARS–2016–0005] Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of Estonia Department of Defense (DoD). Notice. AGENCY: ACTION: On behalf of the U.S. Government, DoD is contemplating negotiating and concluding a Reciprocal Defense Procurement (RDP) Memorandum of Understanding (MOU) with the Ministry of Defense of Estonia. DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the Estonian Ministry of Defense or Armed Forces. DATES: Submit written comments to the address shown below on or before March 28, 2016. ADDRESSES: Submit comments to Defense Procurement and Acquisition Policy, Attn: Lt. Col. Judy Anderson, 3060 Defense Pentagon, Room 5E621, Washington, DC 20301–3060; or by email to judy.p.anderson1.mil@ mail.mil. SUMMARY: Lt. Col. Judy Anderson, Senior 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) 695–7197. SUPPLEMENTARY INFORMATION: DoD has concluded Reciprocal Defense Procurement (RDP) Memorandums of Understanding (MOUs) with 23 ‘‘qualifying countries’’ at the level of the Secretary of Defense and his counterpart. The purpose of an 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— mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 • 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 protection 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. If DoD (for the United States Government) concludes an RDP MOU with the Ministry of Defense of Estonia, then Estonia would be listed as one of the ‘‘qualifying countries’’ in the definition of ‘‘qualifying country’’ at DFARS 225.003, and offers of products of Estonia or that contain components from Estonia would be afforded the benefits available to all qualifying countries. This also means that U.S. products would be exempt from any analogous ‘‘Buy Estonia’’ and ‘‘Buy European Union’’ laws or policies applicable to procurements by the Estonia Ministry of Defense or Armed Forces. While DoD is evaluating Estonia’s laws and regulations in this area, DoD would benefit from U.S. industry’s experience in participating in Estonia’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 Estonia’s Ministry of Defense or Armed Forces to let us know if the procurements were conducted with transparency, integrity, fairness, and due process in accordance with PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 9813 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 Estonia when it comes to the openness of defense procurements to offers of products from the other country. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. [FR Doc. 2016–04186 Filed 2–25–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Inland Waterways Users Board Meeting Notice Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of open Federal advisory committee meeting. AGENCY: The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee’s Web site at http:// www.iwr.usace.army.mil/Missions/ Navigation/InlandWaterwaysUsers Board.aspx. SUMMARY: The Army Corps of Engineers, Inland Waterways Users Board will meet from 9:00 a.m. to 1:00 p.m. on April 1, 2016. Public registration will begin at 8:15 a.m. ADDRESSES: The Board meeting will be conducted at the Hotel Monaco— Pittsburgh, 620 William Penn Place, Pittsburgh, PA 15219, at 412–471–1170, reservations at 855–338–3837, http:// www.monaco-pittsburgh.com. FOR FURTHER INFORMATION CONTACT: Mr. Mark R. Pointon, the Designated Federal Officer (DFO) for the committee, in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR–GM, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315–3868; by telephone at 703–428–6438; and by email at Mark.Pointon@usace.army.mil. Alternatively, contact Mr. Kenneth E. Lichtman, the Alternate Designated Federal Officer (ADFO), in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR–GW, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315–3868; by DATES: E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Page 9813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04186]



[[Page 9813]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2016-0005]


Negotiation of a Reciprocal Defense Procurement Memorandum of 
Understanding With the Ministry of Defense of Estonia

AGENCY: Department of Defense (DoD).

ACTION: Notice.

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

SUMMARY: On behalf of the U.S. Government, DoD is contemplating 
negotiating and concluding a Reciprocal Defense Procurement (RDP) 
Memorandum of Understanding (MOU) with the Ministry of Defense of 
Estonia. DoD is requesting industry feedback regarding its experience 
in public defense procurements conducted by or on behalf of the 
Estonian Ministry of Defense or Armed Forces.

DATES: Submit written comments to the address shown below on or before 
March 28, 2016.

ADDRESSES: Submit comments to Defense Procurement and Acquisition 
Policy, Attn: Lt. Col. Judy Anderson, 3060 Defense Pentagon, Room 
5E621, Washington, DC 20301-3060; or by email to 
judy.p.anderson1.mil@mail.mil">judy.p.anderson1.mil@mail.mil.

FOR FURTHER INFORMATION CONTACT: Lt. Col. Judy Anderson, Senior 
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) 695-7197.

SUPPLEMENTARY INFORMATION: DoD has concluded Reciprocal Defense 
Procurement (RDP) Memorandums of Understanding (MOUs) with 23 
``qualifying countries'' at the level of the Secretary of Defense and 
his counterpart. The purpose of an 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 protection 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.
    If DoD (for the United States Government) concludes an RDP MOU with 
the Ministry of Defense of Estonia, then Estonia would be listed as one 
of the ``qualifying countries'' in the definition of ``qualifying 
country'' at DFARS 225.003, and offers of products of Estonia or that 
contain components from Estonia would be afforded the benefits 
available to all qualifying countries. This also means that U.S. 
products would be exempt from any analogous ``Buy Estonia'' and ``Buy 
European Union'' laws or policies applicable to procurements by the 
Estonia Ministry of Defense or Armed Forces.
    While DoD is evaluating Estonia's laws and regulations in this 
area, DoD would benefit from U.S. industry's experience in 
participating in Estonia'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 Estonia's Ministry of 
Defense or Armed Forces 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 Estonia when it 
comes to the openness of defense procurements to offers of products 
from the other country.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-04186 Filed 2-25-16; 8:45 am]
 BILLING CODE 5001-06-P