[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Pages 33992-33993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13458]



Defense Acquisition Regulations System

Feasibility of a Reciprocal Defense Procurement Memorandum of 
Understanding With Poland

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Request for industry feedback regarding experience in public 
(particularly defense) procurements conducted by the Republic of 


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-

[[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 
    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 

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
 [FR Doc. E8-13458 Filed 6-13-08; 8:45 am]