[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2278-2279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-647]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
Waiver for Certain Defense Items Produced in the United Kingdom
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice.
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SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and
Logistics) is waiving the statutory limitation for certain defense
items produced in the United Kingdom (UK). The law limits DoD
procurement of certain items to sources in the national technology and
industrial base. The waiver will permit procurement of enumerated items
from sources in the UK, unless otherwise restricted by statute.
DATES: This waiver is effective beginning February 1, 2012, until
February 1, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Foley, OUSD (AT&L),
Office of the Director of Defense Procurement and Acquisition Policy,
Contract Policy and International Contracting, Room 5E621, 3060 Defense
Pentagon, Washington, DC 20301-3060, telephone (703) 693-1145.
SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides
that the Secretary of Defense may procure the items listed in that
subsection only if the manufacturer of the item is part of the national
technology and industrial base. Subsection (i) of 10 U.S.C. 2534
authorizes the Secretary of Defense to
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exercise the waiver authority in subsection (d) on the basis of the
applicability of paragraph (2) or (3) of that subsection, only if the
waiver is made for a particular item listed in subsection (a) and for a
particular foreign country. Subsection (d) authorizes a waiver if the
Secretary determines that application of the limitation ``would impede
the reciprocal procurement of defense items under a memorandum of
understanding providing for reciprocal procurement of defense items''
and if he determines that ``that country does not discriminate against
defense items produced in the United States to a greater degree than
the United States discriminates against defense items produced in that
country.'' The Secretary of Defense has delegated the waiver authority
of 10 U.S.C. 2534(d) to the Under Secretary of Defense (Acquisition,
Technology, and Logistics).
DoD has had a Reciprocal Defense Procurement Memorandum of
Understanding (MOU) with the UK since 1975, most recently renewed on
December 16, 2004.
The Under Secretary of Defense (Acquisition, Technology, and
Logistics) finds that the UK does not discriminate against defense
items produced in the United States to a greater degree than the United
States discriminates against defense items produced in the UK, and also
finds that application of the limitation in 10 U.S.C. 2534 against
defense items produced in the UK would impede the reciprocal
procurement of defense items under the MOU.
Under the authority of 10 U.S.C. 2534, the Under Secretary of
Defense (Acquisition, Technology, and Logistics) has determined that
application of the limitation of 10 U.S.C. 2534(a) to the procurement
of any defense item produced in the UK that is listed below would
impede the reciprocal procurement of defense items under the MOU with
the UK.
On the basis of the foregoing, the Under Secretary of Defense
(Acquisition, Technology, and Logistics) is waiving the limitation in
10 U.S.C. 2534(a) for procurements of any defense item listed below
that is produced in the UK. This waiver applies only to the limitations
in 10 U.S.C. 2534(a). It does not apply to any other limitation,
including section 8016 of the DoD Appropriations Act for Fiscal Year
2012 (Pub. L. 112-74). This waiver applies to procurements under
solicitations issued during the period from February 1, 2012, to
February 1, 2013. Similar waivers have been granted since 1998, most
recently in 2010 (75 FR 76447, December 8, 2010).
List of Items to Which This Waiver Applies
1. Air circuit breakers.
2. Welded shipboard anchor and mooring chain with a diameter of
four inches or less.
3. Gyrocompasses.
4. Electronic navigation chart systems.
5. Steering controls.
6. Pumps.
7. Propulsion and machinery control systems.
8. Totally enclosed lifeboats.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2012-647 Filed 1-13-12; 8:45 am]
BILLING CODE 5001-06-P