[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Pages 48805-48806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22714]



Defense Acquisition Regulations System

[Docket DARS-2017-0006]

Negotiation of a Follow on Reciprocal Defense Procurement 
Memorandum of Understanding With the Ministry of Defence of the United 
Kingdom of Great Britain and Northern Ireland and With the Republic of 

AGENCY: Department of Defense (DoD).

ACTION: Request for public comments.


SUMMARY: On behalf of the United States Government, DoD is 
contemplating negotiating and concluding two follow on Reciprocal 
Defense Procurement (RDP) Memoranda of Understanding (MOU) with the 
Ministry of Defence of the United Kingdom of Great Britain and Northern 
Ireland and with the Republic of Finland, respectively. DoD is 
requesting industry feedback regarding its experience in public defense 
procurements conducted by or on behalf of the United Kingdom (UK) 
Ministry of Defence and by or on behalf of the Republic of Finland 
(Finland) Ministry of Defence.

DATES: Comments must be received by November 20, 2017.

ADDRESSES: Submit comments to Defense Procurement and Acquisition 
Policy, Attn: Ms. Patricia Foley, 3060 Defense Pentagon, Room 5E621, 
Washington, DC 20301-3060; or by email to 

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Foley, Senior Procurement 
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-

``qualifying'' countries at the level of the Secretary of Defense and 
his counterpart. The purpose of a 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 
    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
     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 
    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 protective 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.
    Both countries have been listed as ``qualifying countries'' in the 
definition of ``qualifying country'' at Defense Federal Acquisition 
Regulation Supplement 225.003(10), and offers of products of the UK and 
Finland, or that contain components from these countries, would 
continue to be afforded the benefits available to all qualifying 
countries. This also means that U.S. products would be exempt from any 
analogous ``Buy National'' laws or policies applicable to procurements 
by the Ministry of Defence of each country.
    While DoD is evaluating laws and regulations in this area, DoD 

[[Page 48806]]

benefit from U.S. industry's experience in participating in public 
defense procurements issued by these countries. DoD is, therefore, 
asking U.S. firms that have participated or attempted to participate in 
procurements by or on behalf of the UK's Ministry of Defence or 
Finland's Ministry of Defence 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 the UK Finland 
when it comes to the openness of defense procurements to offers of 
products from either country.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2017-22714 Filed 10-19-17; 8:45 am]