Notice2022-26712
Negotiation of a Reciprocal Defense Procurement Agreement With the Ministry of Defense of Austria
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2022
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
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[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Page 75615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#d9b3bcbfbfabbca0f7baf7beabb6afbcabf7bab0af99b4b8b0b5f7b4b0b5"><span class="__cf_email__" data-cfemail="721817141400170b5c115c15001d0417005c111b04321f131b1e5c1f1b1e">[email protected]</span></a>.
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--
<bullet> Publication of notices of proposed purchases;
<bullet> The content and availability of solicitations for proposed
purchases;
<bullet> Notification to each unsuccessful offeror;
<bullet> 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
<bullet> 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--
<bullet> 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;
<bullet> 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
<bullet> 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
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