[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21849-21850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08485]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2016-0013]


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

AGENCY: Department of Defense (DoD).

ACTION: Notice.

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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 
Latvia. DoD is requesting industry feedback regarding its experience in 
public defense procurements conducted by or on behalf of the Latvian 
Ministry of Defense or Armed Forces.

DATES: Comments must be received by May 13, 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 RDP MOUs with 23 
qualifying countries, as defined in the Defense Federal Acquisition 
Regulation Supplement (DFARS) 225.003, 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 U.S. Government) concludes an RDP MOU with the 
Ministry of Defense of Latvia, then Latvia would be listed as one of 
the qualifying countries in the definition of qualifying country at 
DFARS 225.003, and offers of products of Latvia or that contain 
components from Latvia would be afforded the benefits available to all 
qualifying countries. This also means

[[Page 21850]]

that U.S. products would be exempt from any analogous ``Buy Latvia'' 
and ``Buy European Union'' laws or policies applicable to procurements 
by the Latvian Ministry of Defense or Armed Forces.
    While DoD is evaluating Latvia's laws and regulations in this area, 
DoD would benefit from U.S. industry's experience in participating in 
Latvia'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 Latvia'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 Latvia 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. 2016-08485 Filed 4-12-16; 8:45 am]
 BILLING CODE 5001-06-P