[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Pages 16705-16706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06591]



Defense Acquisition Regulations System

Negotiation of a Renewal of the Reciprocal Defense Procurement 
Memorandum of Understanding with the Ministry of Defense of Japan

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Request for public comments.


SUMMARY: On behalf of the U.S. Government, DoD is contemplating a 
renewal of Reciprocal Defense Procurement Memorandum of Understanding 
with the Ministry of Defense of Japan. DoD is requesting industry 
feedback regarding its experience in public defense

[[Page 16706]]

procurements conducted by or on behalf of the Japanese Ministry of 
Defense or Armed Forces.

DATES: Comments must be received by April 30, 2021.

ADDRESSES: Submit comments to Defense Pricing and Contracting, Attn: 
Mr. Gregory D. Snyder, 3060 Defense Pentagon, Room 3B938, Washington, 
DC 20301-3060; or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Gregory D. Snyder, telephone 703-

SUPPLEMENTARY INFORMATION: DoD has concluded a Reciprocal Defense 
Procurement Memorandum of Understanding (RDP MOU) with each of the 27 
``qualifying'' countries 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 RDP 
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 RDP 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 the following:
     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 
     Customs, taxes, and duties are waived for qualifying 
country end products and components of defense procurements.
    If DoD (for the U.S. Government) renews an RDP MOU with the 
Ministry of Defense of Japan, then Japan would continue to be listed as 
one of the ``qualifying countries'' in the definition of ``qualifying 
country'' at Defense Federal Acquisition Regulation Supplement (DFARS) 
225.003, and offers of products of Japan, or that contain components 
from Japan, would continue to be afforded the benefits available to all 
qualifying countries. This also means that U.S. products would continue 
to be exempt from any analogous ``Buy Japan'' laws or policies 
applicable to procurements by the Japan Ministry of Defense or Armed 
    While DoD is evaluating Japan's laws and regulations in this area, 
DoD would benefit from U.S. industry's experience in participating in 
Japan'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 Japan'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 
    DoD is also interested in comments relating to the degree of 
reciprocity that exists between the United States and Japan when it 
comes to the openness of defense procurements to offers of products 
from the other country.

Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2021-06591 Filed 3-30-21; 8:45 am]