[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Pages 2858-2859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-901]



Negotiation of a Reciprocal Defense Procurement Memorandum of 
Understanding With the Czech Republic

AGENCY: Department of Defense (DoD).

ACTION: Request for public comments.


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 
[email protected].

Director, Defense Procurement and Acquisition Policy, Contract Policy 

[[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 
     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 
    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]