FA4452-12-R-0002 Conformed - 8 Jun 12.doc

Section SF 1449 - CONTINUATION SHEET

Process Support Services

FFP

Process Support Services IAW PWS

Base Period

FOB: Destination

PURCHASE REQUEST NUMBER: F3SF551299AC01

NET AMT

Enterprise Support Services

Enterprise Support Services IAW PWS

Base Period

NET AMT

MAF C2, ITV/Business Support Services

MAF C2, ITV/Business Support Services IAW PWS

NET AMT

Testing Support Services

Testing Support Services IAW PWS

NET AMT

Training Support Services

Training Support Services IAW PWS

NET AMT

EIM Support Services

EIM Support Services IAW PWS

Base Period

NTE $750,000

NET AMT

Lot

Travel

COST

Travel IAW PWS

Base Period

NTE $400,000

ESTIMATED COST

Lot

Other Direct Costs

COST

Other Direct Costs IAW PWS

Base Period

NTE $30,000

ESTIMATED COST

Surge

LH

Surge performance IAW PWS

Base Period

NTE $2,000,000

TOT ESTIMATED PRICE

CEILING PRICE

Data Deliverables

Data Deliverables IAW PWS Exhibit A

Base Period

Not Separately Priced (NSP)

NET AMT

Phase-In

Phase-In IAW PWS

Phase-In Period

NET AMT

FFP

Process Support Services IAW PWS

Option Period 1

NET AMT

FFP

Enterprise Support Services IAW PWS

NET AMT

FFP

MAF C2, ITV/Business Support Services IAW PWS

NET AMT

FFP

Testing Support Services IAW PWS

NET AMT

FFP

Training Support Services IAW PWS

NET AMT

FFP

EIM Support Services IAW PWS

Option Period 1

NTE $1,000,020

NET AMT

Lot

COST

Travel IAW PWS

Option Period 1

NTE $500,000

ESTIMATED COST

Lot

COST

Other Direct Costs IAW PWS

Option Period 1

ESTIMATED COST

LH

Surge performance IAW PWS

Option Period 1

NTE $3,000,000

FFP

Data Deliverables IAW PWS Exhibit A

Option Period 1

NET AMT

FFP

Process Support Services IAW PWS

Option Period 2

NET AMT

FFP

Enterprise Support Services IAW PWS

NET AMT

FFP

MAF C2, ITV/Business Support Services IAW PWS

NET AMT

FFP

Testing Support Services IAW PWS

NET AMT

FFP

Training Support Services IAW PWS

NET AMT

FFP

EIM Support Services IAW PWS

Option Period 2

NET AMT

Lot

COST

Travel IAW PWS

Option Period 2

ESTIMATED COST

Lot

COST

Other Direct Costs IAW PWS

Option Period 2

ESTIMATED COST

LH

Surge performance IAW PWS

Option Period 2

FFP

Data Deliverables IAW PWS Exhibit A

Option Period 2

NET AMT

FFP

Process Support Services IAW PWS

Option Period 3

NET AMT

FFP

Enterprise Support Services IAW PWS

NET AMT

FFP

MAF C2, ITV/Business Support Services IAW PWS

NET AMT

FFP

Testing Support Services IAW PWS

NET AMT

FFP

Training Support Services IAW PWS

NET AMT

FFP

EIM Support Services IAW PWS

Option Period 3

NET AMT

Lot

COST

Travel IAW PWS

Option Period 3

ESTIMATED COST

Lot

COST

Other Direct Costs IAW PWS

Option Period 3

ESTIMATED COST

LH

Surge performance IAW PWS

Option Period 3

Lot

FFP

Data Deliverables IAW PWS Exhibit A

Option Period 3

NET AMT

FFP

Phase-Out IAW PWS

Option Period 4

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2013

FOR DELIVERY INFORMATION

. IL

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-SEP-2013

SHIPTO

30-MAR-2013

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2014

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2015

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

30-SEP-2016

SHIPTO

31-DEC-2016

SHIPTO

INDUSTRY DAY/BIDDERS' LIBRARY

An Industry Day for the AISS II requirement will be held on 7 May 12 at MITRE Corporation, 505 Corporate Center Drive Shiloh, IL 62221 from 8:00am CDT to 5:00pm CDT. To sign up for Industry Day please contact Ms. Jackie McGlone, jacqueline.mcglone@us.af.mil, (618) 256-9826 and Ms. Jennifer Gasparich, jennifer.gasparich@us.af.mil, (618) 256-9978 by 4:00pm CDT 3 May 12. Any questions regarding the draft documents on FedBizOpps shall be submitted to Ms. McGlone and Ms. Gasparich no later than 4:00pm CDT 2 May 12. All questions submitted will be addressed during Industry Day. All questions and answers will be posted to FedBizOpps following Industry Day.

A Bidders’ Library will be set up for viewing by appointment only beginning on 8 May 12 through 11 May 12; appointment times, in 3 hour allotments, will be available each day beginning at 8:00am CDT. The bidders’ library will take place at ARINC Corporation, 1716 Corporate Crossing, Suite 2, O’Fallon, IL 62269. ARINC Corporation is operating the bidders’ library as part of their contractual requirement IAW Integration Support for AMC Command and Control Mobility Programs contract (GSA contract # GS-10F-0063N, TO # HC1028-11-F-0213. ARINC Corporation has signed a Non-Compete Agreement. This bidders’ library is for informational purposes regarding this solicitation only. The purpose of the bidders’ library is to give potential offerors a view of the work being accomplished on the current AISS contract. To schedule an appointment please contact Ms. Linda Cook, (618) 229-6352, linda.cook.2.ctr@us.af.mil and Ms. Kathy Reel, (618) 229-6395, kathleen.reel.ctr@us.af.mil with a courtesy copy to Ms. Jackie McGlone, (618) 256-9826, jacqueline.mcglone@us.af.mil and Ms. Jennifer Gasparich, (618) 256-9978, jennifer.gasparich@us.af.mil prior to appointment. Please allow 48 hours for the processing of your appointment request in order to ensure access to the bidders’ library location. A record of those who view the bidders’ library shall be made and documented in the contract file.

Bidders’ Library will close at 5:00pm CDT on 11 May 12. Information provided shall be purely for informational purposes. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

BIDDERS’ LIBRARY RULES

· Viewing library contents by appointment only

· 3 hour time limit

· No cameras

· No cell phones

· No hard copies

· No flash drives

· Any questions or concerns should be directed to the Contract Specialist only

MINIMUM/MAXIMUM CONTRACT VALUE

The minimum contract value for the initial order issued against this contract shall not be less than the minimum contract value in the base period stated in the following table. The maximum contract value for all orders issued for the entire life of the contract shall not to exceed the maximum contract value stated in the following tables.

CONTRACTORS WORKING OCONUS

This effort may require contractors to work at OCONUS locations. Each OCONUS location may have their own set of entry requirements for contractors working on DoD contracts. One resource for this information is the DoD Foreign Clearance Guide which is available at https://www.fcg.pentagon.mil/.

SPECIAL CONTRACT REQUIREMENTS

1. LOGISTICS SUPPORT FOR OCONUS WORK

a. In accordance with DFARS 225.802-70, Contracts for Performance Outside the United States and Canada, authorization for obtaining logistics support and privileges outside the continental United States (OCONUS) for DoD contractor personnel and their family members require a “Technical Expert” designation.

b. Technical Expert means a person with a high degree of skill or knowledge in the systematic procedure by which a complex or scientific task is accomplished, as distinguished from routine mental, manual or physical processes. The skills and knowledge must have been acquired through a process of higher education or through a long period of specialized training and experience.

c. Logistics support will be in effect for the contractor and subcontractor personnel, to include dependents, for the sole purpose of supporting U.S. Forces, as required, and when approved by the local base commander. The contractor, in concert with the duly appointed COR/Alternate COR, will be responsible for obtaining base commander approval. Such support may include, but is not limited to, the following:

* Army and Air Force exchange service facilities (Military exchange) (includes rationed items)

* Commissary, laundry and dry cleaning facilities

* Privately-owned vehicle (POV) license/registration

* Petroleum, oil and lubricants (POL)

* Military postal services (APO/FPO) as authorized by Military postal regulations

* Open mess club (as determined by each respective club), theater, libraries and access to recreational facilities (on a space-available basis)

* Military banking facilities

* Bachelor Officer’s Quarters (BOQ) or transient billeting facilities

* Government transportation (i.e. aircraft, auto, bus, train, etc) for official Government business

* Department of Defense dependent schools on a space-available and tuition-paying basis

* Medical/dental on a reimbursable basis

* Common Access Card (CAC)

* Class VI (alcoholic beverages, includes rationed items)

* Local morale/welfare recreation services

* Mortuary services

* Transient billets

* Customs exemption

* Legal assistance

d. For work performed in Germany the contractor must complete a “Certification of Employee Technical Expert Status” and “Individual Logistics Support Questionnaire.” These forms must be completed and submitted in response to a Government PWS for a specific task, thereby allowing the contractor to complete the questionnaire and submit with his/her proposal.

Certificate of Employee Technical Expert Status Contracts Performed in the Federal Republic of Germany This is to certify that the following named individuals are Technical Experts as provided in Article 73, NATO SOFA Supplemental Agreement and Defense Acquisition Circulars (DACs) 88-11 and 89-18, effective (day) (month) (year) and will serve as follows:

a. Technical experts as provided in Article 73, NATO SOFA, Supplemental Agreement, and as defined in Defense Acquisition Circulars 88-11 and 89-18 and the above provisions; and

b. Will serve either in an advisory capacity in technical matters or to set-up, operate or maintain equipment provided under the terms of this contract instrument.

Name of Employees, Social Security Account Number (SSAN) and Project Programmer Number (PPN)

c. No additional fee or cost will be charged by the contractor, in the event of either the conclusion of termination of the named employee(s) service, or in the event that any part of the data here stated be determined by a U.S. Contracting Officer to be so erroneous, inaccurate, or non-current as to disqualify the above named employee(s) for Article 73 “technical expert” status.

Contract Number:

Company:

Job Title:

Signature:

Date of Execution:

2. LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY

a. Logistics support will be provided to authorized contractor employees and their dependents to the extent these services are available at the location where the contract is to be performed and as authorized by current applicable Air Force and European theater regulations, by current applicable international agreements and arrangements, by current policies, and the local installation commander. Lack of availability of any of these services shall not serve as a basis for claims by a contractor against the Government for increased cost of contract performance.

b. An authorized contractor employee is defined as an employee who has been hired as a consequence of this contract and is employed at least 40 hours per week on this contract. For Italy, procedures must be in accordance with the Memorandum of Understanding Between the Ministry of Defense of the Republic of Italy and The Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by U.S. Forces in Italy, signed 2 Feb 1995. To qualify for Civilian Personnel status in Italy, the employee must (i) not be a stateless person; (ii) not be a national of any State which is not a Party to the North Atlantic Treaty; (iii) not be a national of Italy; (iv) not be ordinarily resident in Italy; and (v) be certified as a technical representative and issued a North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA) Identification by the United States Sending State Office (USSSO) for Italy or by a base legal office with delegated authority. The final authority to determine whether an employee qualifies for Civilian Personnel status is USSSO.

c. Any logistics support for other than NATO countries must comply with the International Agreement of the host nation.

d. Abuse of Privileges. The contractor will include a provision in his employment agreement with his employees to provide for disciplinary action, or discharge for cause, of the employee for any abuse of privileges authorized to herein. The U.S. Government retains the right to withdraw privileges as a result of contractor employee abuse at no additional cost to the U.S. Government. This provision in no way will prohibit disciplinary action or legal prosecution by either the US government or the host country government. Services or privileges may be denied an individual basis at the discretion of the Installation Commander.

e. The contractor shall assure that upon termination or transfer of any employee who is granted logistics support, action is taken simultaneous with the termination of employment to assure that said employee ceases to have access to the services granted under logistic support. The contractor shall assure that identification passes or other documents pertinent to or peculiar to the contract or privileges there under are turned over to the issuing office upon termination or transfer of any employee. The contractor shall require a written receipt of such return and shall immediately forward a copy to the contracting officer.

3. SUBMISSION OF OFFERS FOR CONTRACTS TO BE PERFORMED IN THE FEDERAL REPUBLIC OF GERMANY This contract may require the performance of services in the Federal Republic of Germany (Germany).

a. In accordance with the Exchange of Notes (dated 27 Mar 98) in implementation of Articles 72 and 73 of the German Supplementary Agreement (SA) to a NATO SOFA, Non-German citizens of a NATO member country who perform services on Government contracts shall not start work in Germany without one of the following:

* Technical Expert Status (TES) accreditation

* Troop Care Status (TCS) accreditation

* German work permit or compliance with European Union member nation exchange laws and regulations

* Certificates of limited tax liability and a German work permit

* Exemption from German work permit (“fax back”)

b. Technical Expert Status (TES) Accreditation. The contractor employee has been granted TES accreditation from the German authorities prior to commencing work in Germany.

(1) TES requires a twofold approval. After notification of a contract award with a request for TES, the German Government reviews the specific contract position descriptions for accreditation. Individual employees are then submitted for evaluation for TES. TES employees, filling an approved Technical Expert (TE) position are:

(i) Exempt from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and

(ii) Eligible, on the basis of this employment, for individual logistics support (ILS)

(iii) Exempt from German work and residence permit requirements

(2) When seeking TES accreditation, the contractor shall submit a Contract Notification and TES application package for all employees for which TES is sought.

(3) A 10-week temporary TES may be granted by the U.S. Government for purposes of Military Exigency (ME).

(i) ME is granted solely for the purpose of permitting individual contractor employees, who upon initial review of the application appear to meet the requirements of TES, to begin working in Germany prior to TES accreditation.

(ii) Contractor employees working in Germany by means of an ME determination are:

(A) Exempt, on a provisional basis, from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and

(B) Are eligible, on the basis of this employment, for ILS

(iii) To request ME, the contractor shall submit a Contract Notification and TES application package for any individual contractor employees.

(iv) While working under ME authority, if the German government denies the TES application for an individual employee; or denies TE accreditation of the contractor employee’s position or contract, then the contractor employee will be:

(A) Subject to German income taxation from the date work began in Germany, and

(B) Are ineligible, on the basis of this employment, for ILS, and

(C) Subject to German work and residence permit requirements.

c. Troop Care Status (TCS) Accreditation. The contractor employee has been granted TCS accreditation from the German authorities prior to commencing work in Germany.

(1) When seeking TCS accreditation, the contractor will submit a Contract Notification and TCS application package for all employees for which TCS is sought.

(2) Analytical Support is a subset of TC.

(3) Information Technology Services is a subset of TC.

(4) TCS accredited employees, filling an approved Troop Care (TC) position on a TC approved contract, are:

(i) Exempt from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and

(ii) Are eligible, on the basis of this employment, for ILS; or

d. German Work Permit. For contractor employees who do not qualify for TES/TCS, the contractor employee has been issued proper work permits by the German authorities prior to the contractor employees commencing work in Germany.

(1) Individuals working in Germany by means of a work permit are:

(i) Subject to German income taxation, and

(ii) Are ineligible, on the basis of this employment, for ILS

(2) The approval and application process for work permits is established by the German Government; or

e. Certificates of Limited Tax Liability and a German Work Permit. The contractor has ensured that contract employees have been issued certificates of limited tax liability and a work permit issued by the German authorities prior to the contractor employees commencing work in Germany.

(1) Contractor employees working in Germany under this arrangement are:

(i) Subject to German income taxation, and

(ii) Are ineligible, on the basis of this employment, for ILS

(2) The approval and application process for work permits is established by the German Government; or

f. Exemption From German Work Permit (“Fax Back”). The contractor has ensured that contract employees have issued an exemption from work permit, “fax back,” by the German authorities prior to the contractor employees commencing work in Germany.

(1) Individuals working in Germany by means of a work permit exemption are:

(i) Exempt for no more than 90 calendar days per year (continuous or non-continuous), from German income taxation, and

(ii) Are ineligible, on the basis of this employment, for ILS.

(2) The approval and application process for exemptions from work permits is established by the German Government.

g. The contractor shall identify and submit a list to the Contracting Officer of all positions for which TES accreditation is sought and the applicable position description for each of the positions with the contractor’s proposal/bid. The contractor shall only submit positions that meet the criteria set forth in Articles 72 and 73. In the event that any or all positions identified in the contractor’s proposal are disapproved after contract award, the contract price shall not be subject to adjustment.

h. The following is TES guidance from the Exchange of Notes (dated 27 Mar 98) implementing the Provisions of the German Supplementary Agreement to the NATO SOFA (NATO SOFA SA). The German TES accreditation process is less objective than TCS. The following information extracted from the SA is provided only as a guide and is not to be interpreted as objective criteria.

(1) The following are examples of persons who are not technical experts:

(i) Administrative support and clerical personnel to include white collar employees in budgeting and accounting, general office workers, and hotel and billeting personnel;

(ii) Sales representatives and service technicians for non-military equipment such as telephones, fax machines and copy machines;

(iii) Automobile sales representatives;

(iv) Secretaries, clerk-typists, computer workstations operators, and draftsmen;

(v) Automotive, aircraft, electrical, and similar mechanics or technicians unless covered in (h)(2)(i), (ii), or (iv);

(vi) Electricians, plumbers, painters, masons, carpenters, and similar skilled workers;

(vii) Unskilled and semi-skilled workers to include warehouse workers, forklift operators, drivers, and helpers;

(viii) Customs control inspectors/specialists;

(ix) Supply clerks and technicians.

(2) For purposes of applying Article 73 of the NATO SOFA SA, the term “technical expert” shall refer to a person with a high degree of skill or knowledge for the accomplishment of complex tasks of a technical military nature, or of a technical scientific nature, as distinguished from routine mental, manual or physical processes. The skill and knowledge must have been acquired through a process of higher education, or through a long period of specialized training and experience. Personnel normally classified as blue collar shall not normally be considered to be technical experts, within the meaning of Article 73 of the NATO SOFA SA. The same is true for skilled workers, as well as for crafts and trades occupations. The following are examples of persons who may be determined technical experts within the meaning of Article 73 of the NATO SOFA SA:

(i) Technicians responsible for complicated repairs, complicated re-engineering of equipment and components, or unprecedented and complicated application of the equipment if these technicians have specific knowledge clearly exceeding the knowledge conveyed within the scope of normal vocational training;

(ii) The top manager of a contract involving substantial use of technical experts within the meaning of Article 73 of the NATO SOFA SA and those directly subordinate managers responsible for technical as opposed to administrative functions;

(iii) Computer software engineers;

(iv) Technicians responsible for the maintenance of aircraft, combat vehicles and weapons systems and who must apply knowledge of combat applications of this equipment, this however not extending to routine maintenance;

(v) Former officers, whose technical military skill or technical military knowledge are required for the performance of their work in addition to their other technical skills. As a matter of exception, this shall also apply to former non-commissioned officers who, under military training conditions, work closely together with soldiers on equipment used for the simulation of tactical combat conditions.

4. UNITED STATES – REPUBLIC OF KOREA STATUS OF FORCES AGREEMENT

Invited contractor and Technical Representative (TR) status shall be governed by the United States (U.S.)- Republic of Korea (ROK) Status of Forces Agreement (SOFA) as implemented by United States Forces – Korea (USFK) Reg 700-19.

a. Invited contractor or TR status under the SOFA is subject to the written approval of ACofS, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.

b. The contracting officer will coordinate with HQ USFK, ACofS, Acquisition Management (FKAQ), IAW FAR 25.8, and USFK Reg 700-19. The ACofS, Acquisition Management will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

c. 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. Logistic support privileges are provided on an as-available basis to properly authorized individuals.

d. 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.

e. 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.

f. 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.

g. The contractor shall ensure that all contractor employees will comply with all guidance, instructions, and general orders applicable to U.S. Armed Forces and DOD civilians and issued by the Theater Commander or his/her representative. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection and safety.

h. Invited contractors and technical representatives agree to cooperate fully with the USFK sponsoring agency and ROK on all matters pertaining to logistic support. In particular, contractors will provide the assigned sponsoring agency prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

i. Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on 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.

j. 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 illegal in the ROK or are violating USFK regulations.

k. 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, paragraphs 2-6a through 2-6c above 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. or USFK.

5. CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY THE U.S. ARMED FORCES

Under the authority of Section 133 of title 10, United States Code and Deputy Secretary of Defense Memorandum, “DoD Directive Review – Phase II,” July 13, 2005, DoD Instruction 3020.41 entitled "Contractor Personnel Authorized to Accompany the U.S. Armed Forces," dated October 3, 2005 establishes and implements policy and guidance, assigns responsibilities, and serves as a comprehensive source of DoD policy and procedures concerning DoD contractor personnel authorized to accompany the U.S. Armed Forces. This includes defense contractors and employees of defense contractors and their subcontractors at all tiers under DoD contracts, including third country national (TCN) and host nation (HN) personnel, who are authorized to accompany the U.S. Armed Forces under such contracts. Collectively, these persons are hereafter referred to as contingency contractor personnel. One significant sub-category of contingency contractor personnel, called contractors deploying with the force (CDF), is subject to special deployment, redeployment, and accountability requirements and responsibilities. Definitions for these personnel and other key terms are addressed in enclosure 2. The complete text of DoD Instruction 3020.41 can be obtained at http://www.dtic.mil/whs/directives/corres/pdf/i302041_100305/i302041p.pdf. For additional related information, check out the “Contractors Accompanying the Force” Community of Practice at https://acc.dau.mil/caf.

6. CONTRACTOR ACQUIRED INSURANCE

The contractor shall acquire and thereafter maintain the following kinds of insurance with respect to performance under this contract.

a. Workmen's compensation insurance, or equivalent coverage, as required or prescribed by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.

b. Comprehensive general liability with minimum limits of $500,000 per occurrence.

c. Automobile liability with minimum limits of $200,000 per person and $500,000 per accident or occurrence for bodily injury and $20,000 per accident or occurrence of property damage.

The contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained in accordance with FAR 52.228-5, Insurance-Work on a Government Installation, contained in Section I.

7. OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

a. The Government hereby provides notice and the contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

* New Year’s Day

* Martin Luther King Jr. Day

* Presidents’ Day

* Memorial Day

* Independence Day

* Labor Day

* Columbus Day

* Veterans Day

* Thanksgiving Day

* Christmas

b. In addition to the days designated as holidays, the Government observes the following days:

* Any other day designated by Federal Statute

* Any other day designated by Executive Order

* Any other day designated by a President’s Proclamation

c. It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except when services are required by the Government and actually performed on a holiday. Whenever the Government is shut down for some unforeseen reason (i.e. death of a former President, unusually severe weather), the shut down falls within the scope of Executive Order 11582 of February 11, 1971 and of 5 USC 5546 and 6103(b), all of which govern the observance of holidays by Government agencies. Unforeseen shut downs will be treated as a Federal holiday and will be applied to contractor personnel accordingly. Section 2 of the Executive Order does allow agencies to require that certain personnel report for work on days that the Government is shut down for reasons of national security, defense, or other public need.

CONTRACTS PERFORMED IN KOREA

SOFA Contract Clause

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

UNDER U.S. - REPUBLIC OF KOREA (ROK)

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, United States 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 #15289, APO AP 96205-5289.

(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, Rotating to, 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 work on 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.

(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) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(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)

Contingency Conditions Clause

CONTINUANCE OF PERFORMANCE…