[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2278-2279]
From the Federal Register Online via the Government Publishing 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