[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Page 75615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26712]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Negotiation of a Reciprocal Defense Procurement Agreement With 
the Ministry of Defense of Austria

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Notice and request for public comments.

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

DATES: Comments must be received January 9, 2023.

ADDRESSES: Submit comments by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Grover, telephone 703-380-
9783.

SUPPLEMENTARY INFORMATION: DoD has concluded Reciprocal Defense 
Procurement (RDP) Agreements with 28 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 
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 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--
     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; 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 a new RDP Agreement with 
the Ministry of Defense of Austria and DoD executes a blanket public 
interest determination, as intended, Austria will be listed as one of 
the qualifying countries at DFARS 225.872-1(a), removing the purchase-
by-purchase requirement at DFARS 225.872-1(b) and individual 
determination procedures at DFARS 225.872-4.
    While DoD is evaluating Austria's laws and regulations in this 
area, DoD would benefit from U.S. industry's experience in 
participating in Austrian public defense procurements. DoD is, 
therefore, asking U.S. firms that have participated or attempted to 
participate in procurements by or on behalf of Austria'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 Austria when it 
comes to the openness of defense procurements to offers of products 
from the other country.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2022-26712 Filed 12-8-22; 8:45 am]
BILLING CODE 5001-06-P