Solicitation_No._FA5215-13-R-7005_Exercise_Planner_Support.pdf

FA5215-13-R-7005

Section A - Solicitation/Contract Form

INFORMATION TO OFFERORS

A-1 CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Sections K, L, and M will be physically removed from the resulting contract, but will be deemed to be incorporated by reference in the contract.

A-2 OFFEROR’S ATTENTION IS CALLED TO THE FOLLOWING:

(a) Representations, Certifications, and Other Statements of Offerors in Section K, and Schedule of Supplies or Services and Prices/Costs in Section B, must be completed and returned with the proposal. Offerors are required to complete the pricing schedule.

(b) Proposal submission and preparation instructions contained in Section L. Evaluation Factors for Award contained in Section M.

(c) Offerors are cautioned to be sure they are in compliance with Section I, 52.229-3, Federal, State and Local

Taxes.

(d) This is an 8(a) competitive acquisition.

(e) Contractor Inquiries. Information regarding inquiries is contained in Section L.

(f) Contractor must possess a Secrete Facility Clearance at the time of proposal submission.

A-3 CENTRAL CONTRACTOR REGISTRATION (CCR)

The Department of Defense requires all contractors to register in the System for Award Management (SAM) database to receive any contract award or payment. The SAM website is http://www.sam.gov. In accordance with

FAR Part 4.1201, prospective contractors shall complete electronic annual representations and certifications via the

SAM database at: http:// www.sam.gov.

A-4 AMENDMENT(S)

Any amendment(s) issued will be incorporated into the resulting contract.

A-5 ATTENTION-IMPORTANT NUMBERING INFORMATION

Bilateral Modifications issued by the Department of Defense agencies are no longer assigned an official ―P0000‖ number until the Contracting Officer has released/signed the modification. This change is a result of the Defense

Finance and Accounting Service (DFAS) Business Management Modernization Program (BMMP) requirement that modifications are to be released in numerical order without skipping any ―P0000‖ numbers.

To accommodate this change, the Standard Procurement System (SPS) now assigns a unique Modification Control

Number (MCN) to each modification. This number, unique to the modification, is included on both the draft modification and the released/signed modification. The MCN can be found in Block 14 of all modifications. The use of the MCNs ensures DFAS only receives modification in numerical order.

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Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 11 Months Base Period - Exercise Planner Support

FFP

Contractor shall provide the necessary exercise planner support in accordance with the Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Mar 2014 – 15 Feb 2015

FOB: Destination

NET AMT

0002 1 Lot $475,000.00 $475,000.00 Base Period - Reimbursable Travel Cost

COST

Cost Reimbursable - Travel and Temporary Duty requirement when directed by the contracting officer in accordance with the requirements in Section H-9 and the

Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Mar 2014 – 15 Feb 2015

DO NOT PROPOSE ON THIS CLIN

Not-to-Exceed AMT $475,000.00

0003 1 Months Phase In / Transition Period

FFP

Phase In / Transition Period FFP Contractor shall provide necessary services to manage and support a phase-in/transition period, 16 Feb 2014 - 15 Mar 2014, to assume full program in accordance with the Performance Work Statement dated 03

June 2013.

*** IMPORTANT NOTICE ABOUT THIS CLIN*** The proposed price for the

Phase-In/Transition Period CLIN 0003 will be included in the total evaluated price.

However, the proposed price will be assessed for reasonableness based on, but not limited to phase-in personnel outlay.

1001 12 Months OPTION Year 1 Opt Exercise Planner Support

FFP

Contractor shall provide the necessary exercise planner support in accordance with the Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Feb 2015 – 15 Feb 2016

1002 1 Lot $475,000.00 $475,000.00 OPTION Year 1 Opt - Reimbursable Travel

COST

Cost Reimbursable - Travel and Temporary Duty requirement when directed by the contracting officer in accordance with the requirements in Section H-9 and the

Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Feb 2015 – 15 Feb 2016

Not-to-Exceed AMT $475,000.00

2001 12 Months OPTION Year 2 Opt Exercise Planner Support

FFP

Contractor shall provide the necessary exercise planner support in accordance with the Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Feb 2016 – 15 Feb 2017

2002 1 Lot $485,000.00 $485,000.00 OPTION Year 2 Opt - Reimbursable Travel

COST

Cost Reimbursable - Travel and Temporary Duty requirement when directed by the contracting officer in accordance with the requirements in Section H-9 and the

Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Feb 2016 – 15 Feb 2017

Not-to-Exceed AMT $485,000.00

3001 12 Months OPTION Year 3 Opt Exercise Planner Support

FFP

Contractor shall provide the necessary exercise planner support in accordance with the Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Feb 2017 – 15 Feb 2018

3002 1 Lot $485,000.00 $485,000.00 OPTION Year 3 Opt - Reimbursable Travel

COST

Cost Reimbursable - Travel and Temporary Duty requirement when directed by the contracting officer in accordance with the requirements in Section H-9 and the

Performance Work Statement dated 03 June 2013.

PERFORMANCE PERIOD: 16 Feb 2017 – 15 Feb 2018

Not-to-Exceed AMT $485,000.00

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

The Contractor shall provide the services and supplies set forth in Section B, in accordance with Section J, Attachment J-1, entitled ―Performance Work Statement (PWS)‖ Exercise Planner Support Services.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 16-MAR-2014 TO

15-FEB-2015

N/A HQ PACAF/A3YE - F2CFFE

LTCOL KEITH GIBSON

25 E STREET

JB PEARL HARBOR-HICKAM HI 96853-5425

808-449-0466

F2CFFE

0002 POP 16-MAR-2014 TO

15-FEB-2015

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 16-FEB-2014 TO

15-MAR-2014

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 16-FEB-2015 TO

15-FEB-2016

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 16-FEB-2015 TO

15-FEB-2016

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 16-FEB-2016 TO

15-FEB-2017

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 16-FEB-2016 TO

15-FEB-2017

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 16-FEB-2017 TO

15-FEB-2018

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 16-FEB-2017 TO

15-FEB-2018

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (IAW FAR 28.310)

The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance listed below:

1. Workmen's Compensation and Employers Liability Insurance. As required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. 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.

2. 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.

3. 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

4. $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

5. Aircraft Public and Passenger Liability Insurance. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the

Government‘s interest shall not be effective –

(a) For such period as the laws of the State in which this contract is to be performed prescribe; or

(b) Until 30 days after the insurer or the Contractor gives written notice to the Contracting

Officer, whichever period is longer.

The Contractor shall insert the substance of this requirement, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors‘ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H-2 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-3 CONDUCT OF CONTRACTOR PERSONNEL

If the CO 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-4 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 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-5 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-6 COMPLIANCE WITH LOCAL AND FEDERAL 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). 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.

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-7 CONTRACTOR CHANGEOVER

The Government reserves the right to conduct site visits to all Contractor-operated facilities in conjunction with the solicitation of offers for any follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent Contractor will cooperate to the extent required to permit an orderly changeover to the successor Contractor. With regard to the successor Contractor's access to incumbent employees, a recruitment notice may be placed in each facility accessible to incumbent employees.

H-8 CONTRACT PROGRESS MEETINGS

1. The CO, and other Government personnel, as appropriate, will meet periodically with the contractor to review the contract performance. At these meetings, the CO will apprise the contractor of how the

Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

2. Minutes of these meetings, including copies of all presentation materials or briefings, will be prepared and documented in writing by the contractor, and agreed upon by the CO and contractor. Should there be any disagreement; the parties shall set out in writing any area of non-concurrence. Appropriate action will be taken to resolve any area of non-concurrence. Accepted meeting minutes will be signed by the CO and the contractor.

H-9 CONTRACTOR REIMBURSEMENT FOR TRAVEL AND TEMPORARY DUTY (CLIN X002,

Travel & TDY)

(a) All travel expenses shall be covered under CLINs X002 of the contract. Reimbursement will only be made for travel within the general scope of the contract, not covered elsewhere in the basic work of the contract and approved in advance by the CO.

(b) As required, contractor employees will travel from their regular duty locations to a temporary duty location.

All contractor travel shall be directed and approved by the supported agency and the Contracting Officer‘s Representative. All temporary duty travel shall be initiated by a Government letter of identification (LOI).

The 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, billeting and morale, welfare, and recreation facilities, and medical facilities (on a cost-reimbursable basis and pending base commander‘s approval) when travel is to overseas locations. Exchange and commissary privileges will not apply to temporary duty travel to CONUS locations, Hawaii, Alaska, and Guam. Approved travel will be reimbursed to the contractor. Reimbursement shall not include any charges for overhead or profit.

Miscellaneous travel in conjunction with daily work performed in and around the work site will not be reimbursed.

(c) Travel/Cost Worksheet. As soon as the details of a travel requirement are known, the contractor shall prepare a travel worksheet for the CO/Functional Director detailing the following:

(1) Travel/Cost Worksheet number;

(2) Purpose of travel;

(3) Itinerary (destinations);

(4) Traveler‘s name and social security number;

(5) Departure/arrival dates and duration of travel;

(6) Costs for travel;

(7) Estimated Amount/Price

In turn, the CO will prepare an LOI including the coordination and approvals. The LOI must contain the signature of the approving official from the contracting office. A copy of the LOI must accompany all claims for travel reimbursements submitted to the government.

(d) Air Transportation: Air transportation arrangements shall normally be made through the contractor's corporate travel office. All ticketing will be at the least expensive mode of transportation available unless otherwise approved by the supported agency's COR. However, the government reserves the right to provide government/military air transportation or commercially contracted air transportation when it is advantageous to the government.

(e) Auto Rental: Automobile rental will be approved on a case by case basis. Requests for automobile rental must be justified and approved in advance. The LOI will contain a statement that the automobile rental has been approved and a signature of the LOI's funding approval official. Contractor personnel will not be reimbursed for daily travel to work from his domicile or in and around the assigned location.

(f) 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. Per diem payments shall be made after receipt of supporting documentation and shall not exceed those amounts allowable and authorized for Government employees in similar travel status under the JTR.

(g) Billeting: For travel to military installations, the traveler or the supported agency will first attempt to make billeting arrangements through the destination base‘s billeting office. If on-base billeting facilities are not available, the base billeting office will be asked to arrange for off-base, commercially contracted hotels at the government rate. A statement, declaring that commercially contracted lodging was used due to non-availability of on-base billeting, will be obtained from the base billeting office. In the event on-base billeting and off-base commercially contracted hotels are not available, a non- availability statement will be obtained from the base billeting office prior to the contractor person arranging for off-base commercial lodging. All claims for travel reimbursements involving use of off-base lodging facilities, both commercially contracted and commercial lodging facilities, will be substantiated with a non-availability statement from the base billeting office.

(h) Travel Protocol: When traveling under a Government LOI, at a maximum, contractors shall travel at the equivalent rank of General Schedule (GS) 12. This GS rank equivalent will be placed on the LOI to establish travel, billeting and per diem rates.

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

Sensitive Compartmented Information (SCI) clearances to the SSO of the destination. It is the traveler‘s responsibility to confirm this transfer has taken place prior to departure.

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

(k) Travel/Cost Worksheet ―Estimated Amount/Price:‖ An estimated amount shall be cited for each individual travel/cost worksheet. The Contractor exceeds this amount at its own risk. Changes to the ―Estimated

Amount‖ shall only be authorized by the Contracting Officer.

H-10 MANAGEMENT PERSONNEL CLAUSE

The contractor shall have the right to replace, transfer or substitute personnel. However, replacement must be accomplished without causing delays under the contract and at no additional cost to the Government. Because of their status as management personnel, the contractor must replace those individuals with individuals 1) having equal or greater education and experience qualifications as the person being replaced (unless otherwise approved by the

Government), and 2) able to comply with all security requirements. The CO must specifically authorize any changes of management personnel in writing. The contractor will submit a request for authorization accompanied by the proposed individuals‘ resumes at least 30 days before the effective date of the change.

H-11 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-12 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-13 RELEASE OF INFORMATION

(a) The Contractor shall not hold any discussions or release any information relating to this contract to anyone not having a direct interest in performance of this contract, without the written consent of the CO or the designated representative of the CO.

(b) This restriction applies to all news releases of information to the public, industry or Government agencies, except as follows:

(1) Information for actual or potential subcontractors or other individuals necessary for the contractor‘s performance of this contract.

(2) Information to be supplied to a duly authorized representative of the CO.

(c) Advertisement. The Offeror shall not advertise information about projects performed under this task without government review and approval. For the purposes of this paragraph, advertisement is considered to be contractor-funded promotional brochures, posters, tradeshow handouts, world-wide- web pages, magazines, and similar promotions.

H-14 SECURITY CLEARANCE REQUIREMENTS

Personnel working under this contract must possess a Secret security clearances. The Contractor will be responsible for securing and assigning appropriately cleared personnel working under this contract. Additional or changed security instruction of this document will be provided to the Contractor as the need arises. Contract

Security Classification Specifications are identified on the attached DD Form 254.

H-15 CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the CO will in any manner or degree modify or otherwise affect the terms of this contract. The CO is the only person authorized to approve changes in any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

H-16 FINES AND PENALTIES

The Contractor will be held liable for all fines and penalties imposed by environmental regulators for any noncompliance associated with performance of any tasks under this contract except when incurred as the result of compliance with the specific terms and conditions of the contract or the written instructions from the CO.

H-17 ACCESS TO CONTRACTOR RECORDS

The Contractor will permit CO or his/her authorized representative access at any reasonable time to all records, data and facilitates used in the performance of the contemplated services. Such access will be provided within (1) workday of the request and will be for the purposes of verification of allowable costs, verification of personnel qualifications, and for purposes otherwise deemed necessary by the CO.

H-18 PHASE-IN / TRANSITION OF CONTRACTORS (CLIN 0003, Phase-in/Transition Period)

If award is made to a new Contractor, the incumbent Contractor and a representative of HQ PACAF/A3Y shall meet with the new Contractor to review and finalize the phase-in plan. This will include providing access to files, databases, and technical assistance. Although the basic period of performance is from 16 Mar 2014 through 15 Mar

2015, the new Contractor shall commence phase-in/transition on 15 Feb 2013. The outgoing contractor will continue to provide contract performance through 15 Mar 2014. All phase-in actions must be completed in 30 calendar days to ensure full performance on 16 Mar 2014.

H-19 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997) (IAW AFFARS

5352.223-9001)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities no directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The CO may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the CO, shall be grounds for termination of this contract in accordance with the Default clause of this

H-20 ACCESS TO MILITARY INSTALLATIONS

Access to a military installation is a privilege, not a right, and as such, for reasons of health, welfare, morale, security, and mission accomplishment, the Installation Commander has the unilateral right to deny or provide access to the installation and to all facilities listed in the PWS and appendices.

H-21 CONTRACTS TO BE PERFORMED IN 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.

H-22 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).

http://www.usfk.mil/

―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

(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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JAN 2012

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010

52.203-16 Preventing Personal Conflicts of Interest DEC 2011

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-7 Central Contractor Registration DEC 2012

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards AUG 2012

52.207-3 Right of First Refusal of Employment MAY 2006

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data or Information Other Than

Certified Cost or Pricing Data--Modifications

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns JAN 2011

52.219-14 Limitations On Subcontracting NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation JUL 2005

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-29 Notification Of Visa Denial JUN 2003

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-38 Compliance With Veterans' Employment Reporting Requirements SEP 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification JUL 2012

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995

52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (Dec 2007) Alternate I

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984

52.232-25 Prompt Payment OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration OCT 2003

52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991

52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2010

52.245-1 Alt I Government Property (Apr 2012) Alternate I APR 2012

52.245-9 Use And Charges APR 2012

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

52.247-63 Preference For U.S. Flag Air Carriers JUN 2003

52.247-64 Preference for Privately Owned U.S. - Flag Commercial Vessels FEB 2006

52.249-2 Termination For Convenience Of The Government (Fixed-Price) APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related

Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials APR 2012

252.225-7001 Buy American And Balance Of Payments Program DEC 2012

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7041 Correspondence in English JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days prior to expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration of the performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed

54 Months.

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration

(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ___________________________ will notify the 647th Contracting Squadron in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status…