Notice2023-19604
Negotiation of a Reciprocal Defense Procurement Agreement With the Federative Republic of Brazil
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
September 12, 2023
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 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 175 (Tuesday, September 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Page 62554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19604]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="/cdn-cgi/l/email-protection#ee848b88889c8b97c08dc0899c81988b9cc08d8798ae838f8782c0838782"><span class="__cf_email__" data-cfemail="c1aba4a7a7b3a4b8efa2efa6b3aeb7a4b3efa2a8b781aca0a8adefaca8ad">[email protected]</span></a>.
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--
<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. 4862 and the specialty metals restriction in 10 U.S.C. 4863
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 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 12, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.