[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Page 62554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19604]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Negotiation of a Reciprocal Defense Procurement Agreement With 
the Federative Republic of Brazil

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 Federative Republic of Brazil. DoD is requesting 
industry feedback regarding its experience in public defense 
procurements conducted by or on behalf of the Brazilian Ministry of 
Defence or Armed Forces.

DATES: Comments must be received by October 12, 2023.

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

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Grover, telephone +1-703-380-
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, interchangeability, 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. 4862 and the specialty metals restriction in 10 U.S.C. 4863 
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 Federative Republic of Brazil and DoD executes a blanket public 
interest determination, as intended, Brazil will be listed as one of 
the qualifying countries at DFARS 225.872-1(a).
    While DoD is evaluating Brazil's laws and regulations in this area, 
DoD would benefit from U.S. industry's experience in participating in 
Brazilian public defense procurements. DoD is, therefore, asking U.S. 
firms that have participated or attempted to participate in 
procurements by or on behalf of Brazil's Ministry of Defence and 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 Brazil when it 
comes to the openness of defense procurements to offers of products 
from the other country. Further, DoD would like to understand the 
degree to which U.S. industry feels that it would have equal and 
proportional access to the Brazilian defense market as Brazil would 
have under an RDP Agreement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-19604 Filed 9-11-23; 8:45 am]
BILLING CODE 5001-06-P