[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11770-11771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04410]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2014-0015]


Waiver for Certain Defense Items Produced in the United Kingdom

AGENCY: Department of Defense.

ACTION: Notice.

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SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain 
defense items produced in the United Kingdom (UK). United States Code, 
Title 10, section 2534, limits DoD procurement of certain items to 
sources in the national technology and industrial base. The waiver will 
permit procurement of enumerated items from sources in the UK, unless 
otherwise restricted by statute.

DATES: Effective Date: This waiver is effective for one year, beginning 
March 18, 2014 until March 17, 2015.

FOR FURTHER INFORMATION CONTACT: Director, Defense Procurement and 
Acquisition Policy (DPAP), Contract Policy and International 
Contracting (CPIC), Room 5E621, 3060 Defense Pentagon, Washington, DC 
20301-3060, Attention: Ms. Patricia Foley, OUSD(AT&L), telephone (703) 
693-1145.

SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides 
that the Secretary of Defense may procure the items listed in that 
subsection only if the manufacturer of the item is part of the national 
technology and industrial base. Subsection (i) of 10 U.S.C. 2534 
authorizes the Secretary of Defense to exercise the waiver authority in 
subsection (d), on the basis of the applicability of paragraph (2) or 
(3) of that subsection, only if the waiver is made for a particular 
item listed in subsection (a) and for a particular foreign country. 
Subsection (d) authorizes a waiver if the Secretary of Defense 
determines that application of the limitation ``would impede the 
reciprocal procurement of defense items under a memorandum of 
understanding providing for reciprocal procurement of defense items'' 
and if the Secretary of Defense determines that ``that country does not 
discriminate against defense items produced in the United States to a 
greater degree than the United States discriminates against defense 
items produced in that country.'' The Secretary of Defense has 
delegated the waiver authority of 10 U.S.C. 2534(d) to the Under 
Secretary of Defense (Acquisition, Technology, and Logistics).
    DoD has had a Reciprocal Defense Procurement Memorandum of 
Understanding (MOU) with the UK since 1975, most recently renewed on 
December 16, 2004.
    The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) finds that the UK does not discriminate against defense 
items produced in the United States to a greater degree than the United 
States discriminates against defense items produced in the UK, and also 
finds that application of the limitation in 10 U.S.C. 2534 against 
defense items produced in the UK would impede the reciprocal 
procurement of defense items under the MOU.
    Under the authority of 10 U.S.C. 2534, the Under Secretary of 
Defense (Acquisition, Technology, and Logistics) has determined that 
application of the limitation of 10 U.S.C. 2534(a) to the procurement 
of any defense item produced in the UK that is listed below would 
impede the reciprocal procurement of defense items under the MOU with 
the UK.
    On the basis of the foregoing, the Under Secretary of Defense 
(Acquisition, Technology, and Logistics) is waiving the limitation in 
10 U.S.C. 2534(a) for procurements of any defense item listed below 
that is produced in the UK. This waiver applies only to the

[[Page 11771]]

limitations in 10 U.S.C. 2534(a). The waiver does not apply to any 
other limitation, including section 8017 of the DoD Appropriations Act 
for Fiscal Year 2008 (Public Law 110-116). This waiver applies to 
procurements under solicitations issued during the period from March 
18, 2014 to March 17, 2015. Similar waivers have been granted since 
1998, most recently in 2013 (78 FR 10610 February 14, 2013).

List of Items to Which This Waiver Applies

1. Air circuit breakers
2. Gyrocompasses
3. Electronic navigation chart systems
4. Steering controls
5. Pumps
6. Propulsion and machinery control systems
7. Totally enclosed lifeboats

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2014-04410 Filed 2-28-14; 8:45 am]
BILLING CODE 5001-06-P