[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Pages 8442-8443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03036]



Defense Acquisition Regulations System

[Docket No. DARS-2014-0014]

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

AGENCY: Department of Defense.

ACTION: Request for public comments.


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 Republic of Slovenia 
(hereafter ``Slovenia''). DoD is requesting industry feedback regarding 
its experience in public defense procurements conducted by or on behalf 
of the Slovenian Ministry of Defense or Armed Forces.

DATES: Submit written comments to the address shown below on or before 
March 14, 2014.

ADDRESSES: Submit comments to Defense Procurement and Acquisition 
Policy, Attn: Mr. Victor Deal, 3060 Defense Pentagon, Room 5E621, 
Washington, DC 20301-3060; or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Victor Deal, 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) 697-9351.

``qualifying'' countries are concluded 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 other friendly governments. These 
MOUs provide a framework for ongoing communication regarding market 
access and procurement matters that enhance effective defense 
    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 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.
    If DoD (for the U.S. Government) concludes an RDP MOU with the 
Republic of Slovenia, then Slovenia would be listed as one of the 
``qualifying countries'' in the definition of ``qualifying country'' at 
DFARS 225.003, and offers of products of Slovenia or that contain 
components from Slovenia would be afforded the benefits available to 
all qualifying countries. This also means that U.S. products would be 
exempt from any analogous ``Buy Slovenia'' and ``Buy European Union'' 
laws or policies applicable to procurements by the Slovenian Ministry 
of Defense or Armed Forces.
    While DoD is evaluating Slovenia's laws and regulations in this 
area, DoD would benefit from U.S. industry's experience in 
participating in Slovenia'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 Slovenia'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 Slovenia when it 
comes to the openness

[[Page 8443]]

of defense procurements to offers of products from the other country.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2014-03036 Filed 2-11-14; 8:45 am]