Attachment 3_FA5215-21-R-0004_Special H Clauses.pdf

Attachment 3

CUI//SP-PROCURE

FA5215-21-R-0004, Special H Clauses

H-1. REQUIRED INSURANCE (IAW FAR 28.306(b))

The contractor shall furnish the contracting officer, within ten (10) days after receipt of an executed contract and prior to commencement of contract performance, a duly executed Certificate of Insurance or statement in writing attesting to existence of insurance as noted below. The certificate or statement must provide for thirty (30) days written notice to the contracting officer, by the insurance company, prior to cancellation or material change in policy coverage. In addition to any other legally required insurance, the contractor must provide insurance for coverage in amounts specified below:

Reference FAR clause 52.228-5, entitled "Insurance - Work on a Government Installation", the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

(a) Workmen's Compensation and Employers Liability Insurance as required by law. The required Workmen's

Compensation Insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(c) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

H-2. TROPICAL CYCLONE CONDITIONS OF READINESS (TCCOR)

In order to protect U.S. Government property, the following actions will be taken upon declaration of Tropical

Cyclone conditions and/or high wind warnings:

(a) Tropical Cyclone Condition 3: When Condition 3 is declared, the contractor will perform general area clean up.

All loose debris, waste and excess contractor owned supplies, materials and equipment will be removed from U.S.

Government facilities and disposed of off base in accordance with local State and Federal laws at contractor's expense. Work may continue provided effective and adequate cleanup has been accomplished.

(b) Tropical Cyclone Condition 2: When Condition 2 is declared, all exterior work will cease immediately and interior work will be continued until Condition 1 is given. The contractor will take the necessary action listed below to secure the job site against damages which may result from anticipated weather conditions. The contractor may be called at any time to complete tropical cyclonization; therefore, the contractor will provide emergency telephone numbers and/or addresses where at least three (3) officials of the company may be reached and notified that immediate cyclonization is necessary.

(1) General Area Clean Up: Clean up and disposal of loose debris and waste will continue as directed by

Paragraph (a) above.

(2) Usable Lumber: Usable lumber will be taken inside of a building and tied by heavy wire, cable or rope. This lumber may be securely tied together and anchored to the ground if there is no room inside a building or no building available.

(3) Barrels: All remaining barrels will be placed within the construction building when available. When a building is not available, barrels will be tied together and securely staked to the ground or filled with sand or gravel.

(4) Contractor Field Office: All contractor field offices will be either (i) removed from the military installation or (ii) securely anchored by heavy cable as approved by the Base Civil Engineering representative.

(5) Concrete Forms, Form Supports, and Accessory Materials: All concrete forms, form supports and accessory materials required for future construction will be tied together into bundles with heavy wire, cable or rope and will be placed within the construction building or structures where available and practical.

(6) Sand Aggregates: All piles of sand or aggregate on or near the flight line will be completely covered by either a tarpaulin weighted with building blocks or other methods approved by the Base Civil Engineering representative.

(7) Contractor Equipment: All medium sized equipment will be removed, or placed close to a building will be secured with blocks or anchored with cable or both. Items or small equipment will be moved inside a building and secured or moved off U.S. Government facilities.

(c) Tropical Cyclone Condition 1: When Condition 1 is declared without normal progression through Condition

3 and/or 2, the contractor will take actions listed in paragraphs (1) through (7) above. These actions will commence immediately upon declaration of Condition 1. The contractor will be notified either at the job site or at the emergency phone numbers and/or addresses when tropical cyclonization is required in accordance with this paragraph.

(d) High Wind Warning: When gusts of 30 knots per hour or greater are forecasted, the contractor may be required to accomplish general area clean up in accordance with Paragraph (1) above, to bundle and securely tie or securely cover and weigh small wooden items, to remove and secure wooden barricades and to remove loose materials from roofs and other high unprotected areas.

(e) Salvageable Material: Salvageable material may not be taken to Defense Property Disposal after a tropical cyclone condition is declared. The contractor will be responsible for tropical cyclonization of such material.

(f) The contractor's representative will not leave the job site after notification under Paragraphs (b), (c), and (d) above until the area has been inspected and cleared by the QAE. The contractor may request an inspection by calling the QAE.

(g) With regard to typhoon (hurricane) notification preparations, the contractor shall use the standard notification procedures as published by the NOAA National Weather Service, Radio/TV network for notification in the possible absence of other instruction.

H-3. SUPERVISION AND CONTROL

The Government shall not exercise any supervision or control over the contractor's employees performing services under this contract. Such employees shall be accountable not to the Government but solely to the contractor, who in turn is responsible to the Government.

H-4. CONDUCT OF CONTRACTOR PERSONNEL

If the Contracting Officer finds it to be in the best interest of the Government he may at any time during the performance of this contract order the contractor to remove any of his personnel from further performance under this contract for reasons of their moral character, unethical conduct, security reasons, and for violation of installation regulations. In the event that it becomes necessary to replace any contractor personnel for any of the above reasons, the contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. These costs will not be chargeable to the Government.

H-5. RIGHT OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

The government reserves the right to perform or supplement performance of contract functions with government personnel at any time when it is deemed advantageous to the government, including periods of disaster, war, emergencies, police action, acts of God, labor strike, bankruptcy, default, or period of non-performance by the contractor's employees. The contractor agrees, under such circumstances, to permit the government to use any essential contractor-furnished property. In the event of a strike, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the contracting officer, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance.

H-6. ACCIDENT REPORT PROCEDURES

In the event of an accident on Government property, or involving Government personnel or property, the contractor shall submit a report within 72 hours to the contracting officer in letter form that shall include the following: (1) the time and date of occurrence, (2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative or description of the accident to include chronological order of the accident and circumstances.

H-7. COMPLIANCE WITH LOCAL, FEDERAL, AND HOST COUNTY LAWS AND REQUIREMENTS

This contract, the contractor and the contractor's employees are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the

President) and any state (or other public authority now or hereafter in force) or foreign government. The contractor agrees to observe and comply with all applicable Federal requirements regarding Social Security, Worker's Compensation, Unemployment Insurance and any other matter concerning employment applicable to the performance of this contract or rules, regulations, directions and orders not inconsistent herewith as may from time to time be issued by the Government, and all applicable Host Country Laws. The unilateral act of any governmental body against any employee of the contractor for the violation of a Local or Federal law or regulation (to specifically include persons barred by any appropriate military commander or government authority) shall not excuse the contractor from full compliance with the terms and conditions of this contract.

H-8. ADDITIONAL REQUIRED INSURANCE FOR JAPAN

(a) The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance on each vehicle used by the Contractor at the work site:

Type: Automobile Property Damage Insurance Amount: 3,000,000 Yen or U.S. Dollar equivalent

Bodily Injury Insurance Amount: 30,000,000 Yen or U.S. Dollar equivalent

All vehicles must be properly inspected/insured in accordance with Japanese Compulsory Insurance (JCI) requirements.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the U.S. Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this Paragraph (c), in all subcontracts here under.

H-9. JAPAN ROAD LAWS

The Contractor shall comply with Japanese Road Laws while on U.S. military installations to specifically include:

Article 43, The Road Law (Japan) (prohibitive acts relative to roads). No person shall commit the following described acts:

Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fall out from motor vehicles or otherwise defacing roads unreasonably or without due cause.

Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

The agency managing a road may, when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such a manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, correcting the method of loading or traveling, or operation of the vehicle.

H-10. JAPANESE REGISTRATION OF MOTOR VEHICLES

All company-owned and privately-owned motor vehicles required to be on U.S. Government facilities during the performance of this contract must be registered with Vehicle Registration. Necessary decals and/or permits will be issued and displayed on the vehicles in the manner as directed by the Vehicle Registration Officer. Vehicle decals shall be removed from vehicles and turned in to Vehicles Registration at the end of the contract period or sooner when vehicles are no longer used in the performance of the contract or as directed by the Contracting Officer.

H-11. LICENSES, PERMITS, AND VISAs FOR WORK PERFORMED IN JAPAN

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and visas required to perform this contract, and for complying with any Federal, State, Japan, and municipal laws, codes, and regulations applicable to the performance of work in Japan.

H-12. TRANSITIONS OF CONTRACTORS

(a) If award is made to a new contractor, the incumbent contractor will cooperate to the extent required to permit an orderly changeover to the successful contractor. This will include providing access to files, databases, and technical assistance. With regards to the successor contractor's access to incumbent employees, a recruitment notice may be placed in each facility accessible to incumbent employees.

(b) The Government reserves the right to conduct site visits to all contractor-operated facilities under this contract in conjunction with the solicitation of offers for any follow-on contract.

H-13. INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.- ROK Status of

Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the "publications" tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause--

"U.S. - ROK Status of Forces Agreement" (SOFA) means the Mutual Defense Treaty between the Republic of

Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the

Republic of Korea, as amended

"Combatant Commander" means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, Indo-Pacific

Command.

"United States Forces Korea" (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

"Commander, United States Forces Korea" (COMUSK) means the commander of all U.S. forces present in

Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR

CFC) and Commander, United Nations Command (CDR UNC).

"USFK, Assistant Chief of Staff, Acquisition Management" (USFK/FKAQ) means the principal staff office to

USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

"Responsible Officer (RO)" means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19.

FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK

Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as available basis to properly authorized individuals. Some logistics support may be issued as Government

Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor's direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the

ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the

ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and

Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency

(SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements.

Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by

USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with

USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotatingto, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing workon

USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative Status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or

USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA

Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable--

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. "off-limits"), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver's license or a valid international driver's license to legally drive on Korean roads, and must have a USFK driver's license to legally drive on USFK installations.

Contractor employees/dependents will first obtain a Korean driver's license or a valid international driver's license then obtain a USFK driver's license.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non-emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) Personnel Recovery in the Department of Defense; DoD Directive 3002.01

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg 350-2 Theater

Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty

Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs

Policy and Army Regulation 638-2, Care and

Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Clause)

H-14. USFK CHEMICAL BIOLOGICAL (CB) PROTECTIVE SYSTEM

The Contractor shall furnish each employee and each of their dependents living in Korea who have been granted

Invited Contractor or Technical Representative SOFA status (hereinafter referred to as "SOFA-status

Contractor personnel") a chemical biological (CB) protective system that meets USFK FPPI standard as specified below.

Company provided protective systems will not constitute government-furnished equipment (GFE) under the terms and conditions of the contract. The Contractor shall be responsible for the purchase, logistics, maintenance, training, and replacement of all protective systems issued to its employees and their dependents.

The Government shall not issue to or reimburse the Contractor for any chemical biological (CB) protective systems for Contractor employees or their dependents whether required by a policy of the

Contractor or a future theater or installation commander.

STANDARD

The USFK Force and Family Protection Initiative (FFPI) leaves determination of what constitutes a suitable protective system to each contractor's discretion. However such chemical/ biological protective systems are required to afford protection equivalent to the protection provided by the US M17A2 protective mask, the

Civilian Adult Hood Blower System manufactured by DEA Research and Development Ltd., or another equivalent system that provides the following minimum levels of protection:

a. Protective Factor of at least 1667

b. Protects against all known military CB agents listed in the Army Field Manual (USAFM) 3-9, all aerosols, organic vapors with a vapor pressure of <1000 Pascal's at the temperature of the filter and some acidic gases including hydrogen chloride, hydrogen fluoride, hydrogen bromide, fluorine, chlorine, hydrogen sulfide, sulfur dioxide, and sulfuric acid. USAFM 3-9 is available online at http://155.217.58.58/atdls.htm

c. Particulate filter must remove all particulates (liquid and solid) with 99.97% efficiency

d. Vapor filter with activated charcoal or other media to adsorb and react with vapors

e. Must protect for a minimum of 2 hrs against moderate levels (100,000 mg-min/m3) of agent vapor

f. Must be capable of being operated for a minimum of 10 consecutive hours while resting or at low levels of activity

H-15. STATUS OF FORCES AGREEMENT (SOFA) – JAPAN

The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of

Japan, including the US-Japan SOFA. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded status under SOFA Article I(b) with potential eligibility for logistic support. Dependents of contractors or of contractor employees who receive SOFA Article XIV status do not receive

SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents.

The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well United States Forces, Japan (USFJ) and USFJ component policies and regulations during the performance of this contract.

SOFA ARTICLE XIV STATUS

(a) Awardee may apply for Article XIV status under the United States - Japan Status of Forces Agreement

(SOFA). Offers shall be prepared based on the assumption that SOFA Article XIV status will be granted by

Government in consultation with the Government of Japan. If the Government determines that Awardee does not qualify for SOFA Article XIV status or that SOFA Article XIV status is otherwise inappropriate, an equitable adjustment shall be made to the cost/price and other appropriate terms of the contract. Persons, including corporations organized under the laws of the United States, and their employees who are ordinarily resident in the

United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces may acquire privileged status under SOFA Article XIV. Such contractors and contractor employees are eligible for agency privileges and benefits under the SOFA but otherwise remain subject to the laws and regulations of Japan. Neither SOFA Article XIV nor SOFA Article I(b) status and privileges extend to dependents of SOFA Article XIV contractors or contractor employees.

(b) Procedures.

(1) Formal application for SOFA Article XIV status shall be made to HQ USFJ only after the contract has been awarded and the contractor's place of operation in Japan has been determined.

(2) A contractor seeking SOFA Article XIV status for itself and its employees shall submit the following to the

Contracting Officer as part of its offer:

(i) Proof that the contractor is a person ordinarily resident in the United States or a corporation organized under the laws of the United States and that its presence in Japan is solely for the purpose of executing contracts with the

United States for the benefit of the United States armed forces; and

(ii) Proof that the contractor's employees are persons ordinarily resident in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the

United States armed forces.

(3) The Contracting Officer shall make the initial determination whether the contractor qualifies for SOFA

Article XIV status. Upon a determination of qualification, the Contracting Officer shall forward a request for designation through component channels to Commander, United States Forces, Japan, ATTN: USFJ/J5, Unit 5068, APO AP 96328. The request shall include the items requested in subparagraph (b)(2), a full explanation of the necessity of using a United States contractor, and relevant documentation. See USFJ Instruction 64-102 for further details.

(4) HQ USFJ shall make the final determination on the contractor's SOFA Article XIV status upon consultation with the Government of Japan.

(5) Upon receipt of HQ USFJ approval, the Contracting Officer shall approval Letters of Authorization submitted by the contractor in the Synchronized Predeployment and Operational Tracker (SPOT) at https://spot.dmdc.mil indicating SOFA Article XIV status has been granted to the contractor and contractor employees.

(6) Once a contractor has been designated under SOFA Article XIV, it is not necessary that it be re-designated if a follow-on contract is awarded to that contractor; provided the new contract does not involve a material change from the work under which the SOFA Article XIV designation was originally granted and there is no significant delay between completion of the existing contract and initiation of performance under the follow-on contract.

(c) SOFA Article XIV privileges and benefits. In accordance with SOFA Article XIV, paragraphs 3 through 8, upon certification by appropriate United States authorities as to their identity, such persons and their employees shall be accorded the following benefits of the SOFA.

Note: Privileges and benefits afforded under SOFA Article XIV do not extend to dependents/family members.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Exemption from customs duties and other such charges on furniture and household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through

United States military post offices as provided for in SOFA Article XI, paragraph 3;

(4) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(5) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(6) The use of postal facilities as provided for in SOFA Article XXI;

(7) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment except that such exemption shall not apply to the employment of local nationals in Japan;

(8) Exemption from taxes and similar charges of Japan on depreciable assets except houses, held, used, or transferred for the execution of contracts referenced in subparagraph (a);

(9) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in

Japan. No exemption from taxes payable for the use of roads by private vehicles is provided under SOFA Article

XIV;

(10) Exemption from income or corporation taxes of the Government of Japan or any other taxing agency in Japan on any income derived under a contract made in the United States with the Government of the United States in connection with the construction, maintenance or operation of any of the facilities or area covered by the SOFA. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources;

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

SOFA ARTICLE I(b) STATUS https://spot/

(a) SOFA Article I(b) status. Individuals including, but not limited to, technical advisors, consultants, entertainers serving under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may acquire SOFA status in

Japan as part of the civilian component under Article I(b) of the SOFA. Note SOFA Article I(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the corporation employing the individual). To qualify for SOFA status under SOFA Article I(b), such individuals must be:

(1) United States nationals,

(2) not ordinarily resident in Japan (or if ordinarily resident in Japan, receive permission from the GOJ to change status following the procedures set out in USFJI 36-2611, Changes of Status by Person in Japan to One of the

Categories Authorized by the Status of Forces Agreement),

(3) present in Japan at the invitation of the United States, and solely for the purpose of executing contracts for the benefit of the United States armed forces (including Foreign Military Sales contracts), and,

(4) not contractors, employees of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV.

(b) SOFA Article I(b) procedures. Contractor personnel must obtain a Letter of Identification from Contracting

Officer to authorize entry into Japan under SOFA Article I(b) and to identify which Article I(b) privileges and benefits will be provided to each employee/dependent. Contractor shall identify all contractor personnel and accompanying dependents eligible for SOFA Article I(b) status to the Contracting Officer using the Synchronized

Predeployment and Operational Tracker (SPOT) at https://spot.dmdc.mil.

(c) SOFA Article 1(b) privileges and benefits. Persons granted authority to enter Japan under SOFA Article I(b) and their dependents (defined as spouse, children under 21, and, if dependent for over half their support upon an individual having SOFA Article I(b) status, parents and children over 21) shall be accorded the following benefits of the SOFA. These privileges are personal to the employee/dependent and to not inure to the employer.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Acceptance as valid by Japan, without a driving test or fee, a U.S. Forces, Japan Operator's Permit for

Civilian Vehicle as provided for in SOFA Article X. Issuance of such permit shall be subject to applicable military regulation;

(4) Exemption from customs duties and other such charges on materials, supplies, and equipment which are to be incorporated into articles or facilities used by the United States armed forces furniture, household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through

United States military post offices as provided for in SOFA Article XI, paragraphs 2 and 3;

(5) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment as provided for in SOFA Article XII, paragraph 7, except that such exemption shall not apply to the employment of local nationals in Japan;

(6) Exemption from Japanese taxes to the Government of Japan or to any other taxing agency in Japan on income received as a result of their service with the United States armed forces as provided for in SOFA Article

XIII. The provisions of Article XIII do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources;

(7) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(8) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(9) The use of postal facilities as provided for in SOFA Article XXI;

(10) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in

Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan.

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

H-16. CONTRACTOR PAYMENT FOR TEMPORARY DUTY TRAVEL

(a) All contractor travel shall be directed and approved by the supported agency and the Contracting Officer. A

Government Letter of Identification (LOI) shall initiate all temporary duty travel (TDY). This LOI will be used for identification purposes granting contractor entry to military bases, access to base billeting facilities at all locations, and access to base exchange, commissary, postal services, and MWR facilities, and if necessary, medical facilities

(on a cost-reimbursable basis) when travel to overseas locations. Exchange and commissary privileges will not apply to TDY to CONUS locations such as Alaska and Hawaii. Approved TDY will be reimbursed to the contractor in accordance with FAR Part 31 and current Federal Travel Regulations. Travel expenses (air fare, auto rental, per diem, billeting, and movement of assets) will be reimbursed under the contract. Miscellaneous travel in conjunction with daily work performed in and around the work site will not be reimbursed.

(b) As soon as the details of a travel requirement is known, the contractor shall prepare a Draft LOI and travel worksheet to the supported agency's COR detailing: traveler's name, social security number, home address, date of birth, passport number, security clearance, departure/arrival dates, duration of travel, itinerary (destinations), estimated cost and purpose of the trip. The estimated cost shall include the cost for refundable and nonrefundable air transportation tickets. The COR will forward the travel worksheet with supporting documentation and draft LOI with a recommendation for approval to the FD for review. If approved, the CO will prepare a

Letter of Identification.

(c) Air Transportation: Air transportation may be made by the contractors own Travel agency. Travel arrangements can be made prior to approval and publication of travel orders. All travel will be at "economy" rate (i.e. government category - coach) accommodations unless otherwise approved by the FD. The Government reserves the right to provide Government/Military transportation or commercially owned air transportation when it is advantageous to the Government.

(d) Auto Rental: Automobile rental will be approved on a case-by-case basis. Authorized rental must be justified and proposed by the contractor and approved by the supported agency in order for the Contractor to receive reimbursement. Contractor personnel will not be reimbursed for daily travel work from his facilities/domicile once assigned to a specific location. The LOI shall contain a statement that auto rental has been approved and a signature of the LOI's funding approval official.

(e) Per Diem: While a contractor employee is in a government authorized travel status, the contractor will be reimbursed a per diem allowance for subsistence and lodging in accordance with the FAR 31.205-46 Travel

Costs and Federal Travel Regulation. Per Diem payments shall be made after receipt of proper travel voucher and supporting documentation and shall not exceed allowable amounts.

(f) Billeting: For travel to military installations, the traveler or the supported agency will make billeting arrangements through the destination base's billeting office. In the event on-base billeting is not available, contractor personnel shall obtain a certificate of non-availability from the destination base's billeting office. This certificate must be filed with the travel voucher for per diem payment. If a non-availability statement is not submitted, the per diem rate for on base billeting will be used for payment. For travel to non-military destinations, support agency will be responsible for arranging and reserving suitable quarters. Under these travel conditions, the travel orders normally will detail the non-military destination and accommodations.

(g) Travel Protocol: When traveling on Government business, contractors shall travel at a maximum equivalent rank of General Schedule (GS) 12. This GS rank will be placed on all Letters of Identification to establish travel, billeting and per diem rates.

(h) Clearances: Travel and clearances will be obtained through the supported agency prior to individual travel. When required, the Government will request the local Social Security Office (SSO) to forward Sensitive Compartmented

Information (SCI) clearances to the SSO of the destination. It is the traveler's responsibility to make this confirmation.

(i) Travel Confirmation: Contractor employees will not commence overseas travel without prior confirmation. It is the traveler's responsibility to make this confirmation.

(j) Travel Reimbursement: When the Government authorizes travel, travel receipts, including the printed air fare cost comparison, shall be supplied with the invoice and payment will be made on a cost reimbursable basis with the invoice payment.

H-17. NO RELOCATION COST REIMBURSEMENT

Relocation costs such as real estate acquisition/disposal expense, vacant home cost, transportation costs of spouse and/or dependents and any other travel costs incident to relocations shall not be reimbursed by the Government and shall be the responsibility of the contractor.

H-18. NOTIFICATION OF GOVERNMENT SECURITY AND VISITOR GROUP SECURITY

AGREEMENT (IAW AFFARS 5352.204-9000)

This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

(a) At least thirty days prior to beginning operations, notify the security police activity shown in the distribution block of the DD Form 254 as to:

(1) The name, address, and telephone number of this contract company's representative and designated alternate in the U.S. or overseas area, as appropriate;

(2) The contract number and military contracting command;

(3) The highest classification category of defense information to which contractor employees will have access;

(4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed;

(5) The date contractor operations will begin on base in the U.S. or in the overseas area;

(6) The estimated completion date of operations on base in the U.S. or in the overseas area; and

(7) Any changes to information previously provided under this clause. This requirement is in addition to visit request procedures contained in DOD 5220.22M, National Industrial Security Program Operating Manual.

(b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor

Group Security Agreement (or understanding) with the installation commander to ensure that the contractor's security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed:

(1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22M, classified mail services, security badges, visitor control, and investigating security incidents; and

(2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material.

H-19. UNAUTHORIZED WORK

The contractor shall not accomplish work outside the scope of this contract at the Government facility, nor shall he utilize in other work, any supplies or materials acquired under this contract.

H-20. CONFLICT OF INTEREST

Federal Acquisition Regulation, Subpart 9.5, Organizational Conflicts of Interest, is applicable to this acquisition.

(a) The contractor shall not act as a prime contractor, subcontractor, or consultant to provide any hardware/software of the system or major components or systems for which the contractor has provided systems engineering and technical direction.

(b) The contractor shall not act as a prime contractor, subcontractor, or consultant to furnish any item or items for which the contractor prepared and/or furnished complete specifications covering non-developmental items to be used in competitive procurement. This prohibition and the prohibition in paragraph (a) above shall remain in effect until five years after expiration of this contract.

(c) The contractor shall not sue proprietary data or classified Government information coming into its possession in connection with work under this contract, for purposes other than those for which it has been furnished unless specifically authorized by the organization providing such proprietary data or Government information.

(d) In the event the work required to be performed under this contract requires access to proprietary data of other companies, the contractor shall obtain agreements from such other companies for such use unless such data is provided or made available to the contractor by the Government.