[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13699-13700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03705]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Negotiation of a Reciprocal Defense Procurement Agreement With 
the Republic of Korea

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 Republic of Korea. DoD is requesting industry 
feedback regarding its experience in public defense procurements 
conducted by or on behalf of the Ministry of National Defense or Armed 
Forces.

DATES: Comments must be received March 25, 2024.

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

[[Page 13700]]

     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 Republic of Korea and DoD executes a blanket public interest 
determination, as intended, the Republic of Korea will be listed as one 
of the qualifying countries at DFARS 225.872-1(a).
    While DoD is evaluating Republic of Korea laws and regulations in 
this area, DoD would benefit from U.S. industry's experience in 
participating in Republic of Korea public defense procurements. DoD is, 
therefore, asking U.S. firms that have participated or attempted to 
participate in procurements by or on behalf of the Republic of Korea 
Ministry of National Defense and Armed Forces to let DoD 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 Republic of 
Korea 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 Republic of Korea defense market 
as the Republic of Korea would have under an RDP Agreement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2024-03705 Filed 2-22-24; 8:45 am]
BILLING CODE 6001-FR-P