[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Page 62155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24558]



Defense Acquisition Regulations System

Negotiation of a Reciprocal Defense Procurement Agreement With 
the Ministry of National Defence of the Republic of Lithuania

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Notice and request for public comments.


SUMMARY: On behalf of the U.S. Government, DoD is contemplating 
negotiating and concluding a Reciprocal Defense Procurement Agreement 
with the Ministry of National Defence of the Republic of Lithuania. DoD 
is requesting industry feedback regarding its experience in public 
defense procurements conducted by or on behalf of the Lithuanian 
Ministry of National Defence or Armed Forces.

DATES: Comments must be received by December 6, 2021.

ADDRESSES: Submit comments to Contract Policy, Attn: Mr. Jeff Grover, 
3060 Defense Pentagon, Room 3B938, Washington, DC 20301-3060; or by 
email to [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Grover, telephone 703-697-

SUPPLEMENTARY INFORMATION: DoD has concluded Reciprocal Defense 
Procurement (RDP) Agreements with 27 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 Agreement is to promote rationalization, 
standardization, and interoperability of conventional defense equipment 
with allies and other friendly governments. These Agreements provide a 
framework for ongoing communication regarding market access and 
procurement matters that enhance effective defense cooperation.
    RDP Agreements 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 Agreement, 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 
do not apply to products manufactured in a qualifying country.
     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 Agreement with 
the Ministry of National Defence of Lithuania, then Lithuania would be 
listed as one of the qualifying countries in the definition of 
``qualifying country'' at DFARS 225.003, and offers of products of 
Lithuania or that contain components from Lithuania would be afforded 
the benefits available to all qualifying countries. This also means 
that U.S. products would be exempt from any analogous ``Buy Lithuania'' 
and ``Buy European Union'' laws or policies applicable to procurements 
by the Lithuanian Ministry of National Defence or Armed Forces.
    While DoD is evaluating Lithuania's laws and regulations in this 
area, DoD would benefit from U.S. industry's experience in 
participating in Lithuania'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 Lithuania's Ministry of 
National Defence 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 Lithuania when it 
comes to the openness of defense procurements to offers of products 
from the other country.
    Authority: DoD Instruction 5000.35, Defense Acquisition Regulations 
(DAR) System.

Jennifer Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2021-24558 Filed 11-5-21; 4:15 pm]