FA8750-12-R-0001.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A7

PAGE OF PAGES

1 38

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

FA8750-12-R-0001

7. ISSUED BY AFRL/RIKF CODE FA8750 8. ADDRESS OFFER TO (If other than Item 7)

USAF, AFMC

AIR FORCE RESEARCH LABORATORY

26 ELECTRONIC PARKWAY

ROME NY 13441-4514

JOHN P. MCCANNEY 315-330-1403

JOHN.MCCANNEY@RL.AF.MIL

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and * copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or, if handcarried, in the Lobby of Building 106 until 3:00pm local time on TBD.

* See Section L, Proposal Preparation Instructions.

10. FOR

INFORMATION

CALL:

A. NAME

See Block 7

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 24

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 4 J LIST OF ATTACHMENTS 38

D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 6 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 7 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 8 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 10 M EVALUATION FACTORS FOR AWARD M - 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____ ____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.13.1 FAR (48 CFR) 53.21(c) Created 09 May 2011 1:38 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8750-12-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

B028 CONTRACT TYPE: FIRM FIXED PRICE (FEB 1997)

Total Price "As set forth in each individual Order"

Applicable to following Line Items: "As set forth in each individual Order" Applies to Firm-Fixed-Price CLIN(s) only.

B039 INDEFINITE QUANTITY (DEC 2005) (TAILORED)

This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued is set forth in the attached Performance Work Statement (PWS).

The maximum dollar amount the Government may order under this contract is $49,900,000.00; the minimum amount is $25,000.00.

B040 ORDERING PROCEDURES (DEC 2005)

(a) Orders will be issued by a Procuring Contracting Officer in accordance with the Ordering clause of this contract. However, the following procedures shall be used for negotiation of orders.

(1) The Contracting Officer will provide the Contractor with a copy of the notification of each proposed Order which will include a description of work to be performed, description of expertise required, and desired completion date.

(2) The Contractor shall then: (i) submit to the Contracting Officer a brief technical discussion describing how the work will be performed; (ii) submit a cost proposal identifying labor categories and number of hours within each category required for the performance of the proposed work;

(iii) identify and provide rationale for all non-labor cost elements required for performance; and (iv) identify any Government property required for performance.

(3) Upon receipt of the proposal, the Contracting Officer will analyze the proposal and, if acceptable, issue an Order directing the Contractor to commence performance, or if the proposal is not fully acceptable as offered, negotiations shall be conducted prior to issuance of any Order . In the event issues pertaining to a proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, the Contractor shall be notified, via letter, of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.

(b) The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.

B058 CONTRACT TYPE: COST-PLUS-FIXED-FEE (DEC 2005) (TAILORED)

The estimated cost and fee for this contract are shown below. The applicable fixed fee set forth below may be increased or decreased only by negotiation and modification of the contract for added or deleted work. As determined by the contracting officer, it shall be paid as it accrues, in regular installments based upon the percentage of completion of work (or the expiration of the agreed-upon period(s) for term contracts).

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8750-12-R-0001

Estimated Cost: "As set forth in each individual Order" Fixed Fee: "As set forth in each individual Order" Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

RIK-B001 IMPLEMENTATION OF LIMITATION OF FUNDS (APR 2011)

(a) The sum allotted to this contract and available for payment of costs under CLINs "to be determined on each individual order" through "to be determined on each individual order" in accordance with the clause in Section I entitled "Limitation of Funds" is "to be determined on each individual order."

(b) In addition to the amount allotted under the "Limitation of Funds" clause, the additional amount of "to be determined on each individual order" is obligated for payment of fee for work completed under CLINs "to be determined on each individual order."

Applies to Cost Plus Fixed Fee CLIN(s) only.

RIK-B002 INDEFINITE-DELIVERY, INDEFINITE-QUANTITY CLIN STRUCTURE (APR 2011)

Contract Line Item Numbers (CLINs) and specific requirements will be assigned in each individual Order.

The related payment instructions will be included in Section G of each Order.

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8750-12-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

C004 INCORPORATED DOCUMENTS/REQUIREMENTS - ALTERNATE (FEB 2006) (TAILORED)

The following documents, as they may be amended below, are a part of this contract:

(a) Attachment No. 2, Performance Work Statement entitled, "Systems Engineering & Evaulations, Systems Analysis Worldwide 6 (SEESAW 6)," dated 5 MAY 2011.

(b) Attachment No. 3, entitled "Draft Representative Data Item Description (DID) List for Contract Data Requirements List (CDRL)," dated 5 MAY 2011.

SECTION D - PACKAGING AND MARKING

SECTION D FA8750-12-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

RIK-D001 CONTRACTOR COMMERCIAL PACKAGING (APR 2011)

Applicable to orders where the only deliverable items are reports or software.

(a) Items shall be packaged in accordance with the Contractor's commercial best practice to ensure undamaged arrival at destination. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "NOT FOR OUTSIDE

STORAGE."

RIK-D002 SPECIFICATION COMMERCIAL PACKAGING (MAY 2011)

Applicable to all orders unless CONTRACTOR COMMERICAL PACKAGING (See RIK-D001) applies.

(a) Items shall be packaged in accordance with American Society for Testing and Materials (ASTM) Specification D3951-98, Standard Practice for Commercial Packaging. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "ASTM D3951 - NOT FOR

OUTSIDE STORAGE."

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8750-12-R-0001

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

52.246-05 INSPECTION OF SERVICES -- COST-REIMBURSEMENT (APR 1984)

52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT

(MAY 2001)

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

Applicable to orders where hardware or software are an end-item delviverable.

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

E007 INSPECTION AND ACCEPTANCE AUTHORITY (APR 1998)

Inspection and acceptance for all Contract and Exhibit Lines or Subline Items shall be accomplished by the Program Manager, Air Force Research Laboratory, Rome NY .

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8750-12-R-0001

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.242-15 STOP-WORK ORDER (AUG 1989)

Applies to Firm-Fixed-Price CLIN(s) only.

52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

52.247-34 F.O.B. DESTINATION (NOV 1991)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

F005 DELIVERY OF REPORTS (OCT 1998)

(a) All data shall be delivered in accordance with the delivery schedule shown on the Contract Data Requirements List, attachments, or as incorporated by reference.

(b) All reports and correspondence submitted under this contract shall include the contract number and project number, if applicable, and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.

RIK-F001 INDEFINITE-DELVIERY, INDEFINITE-QUANTITY SCHEDULE INFORMATION (MAY 2011)

The effective ordering period for the total contract will be forty-eight (48) months from the contract effective date. Period of Performance or "Completion Date" information will be specified on each individual order. Delivery or "Ship To" information will be specified in each individual order.

RIK-F002 SHIP ADDRESS (MAY 2011)

SOFTWARE SHIP TO addresses will be provided on an order by order basis, as applicable.

SHIP HARDWARE TO addresses will be provided on an order by order basis, as applicable.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8750-12-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

G006 INVOICE AND PAYMENT - COST REIMBURSEMENT (FEB 2006)

Invoices (or public vouchers), supported by a statement of cost for performance under this contract, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office. Under the provisions of DFARS 242.803(b), the DCAA auditor, is designated as the authorized representative of the contracting officer (CO) for examining vouchers received directly from the contractor.

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

G017 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (IDIQ) (DEC 2007) (TAILORED)

All documents and information required by the patent rights and/or patent reporting clauses set forth in Section I of this contract shall be submitted FOR EACH ORDER to the Administrative Contracting Officer and to Air Force Research Laboratory/RIJ, 26 Electronic Parkway, Rome NY 13441-4514. The AFRL/RIJ patent administrator can be reached at Area Code (315) 330-2087 or DSN 587-2087. This notice also constitutes a request (see DFARS 252.227-7038) number, filing date, subsequent U.S. patent number and issue date, as received.

RIK-G001 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS - WIDE AREA WORKFLOW

(WAWF) (APR 2011)

(a) Pursuant to DFARS 252.232-7003,"Electronic Submission of Payment Requests", the use of electronic submission of payment requests and receiving reports is mandatory. The DoD preferred electronic form for transmission is Wide Area Workflow - Receipt and Acceptance (WAWF). To access and self-register in WAWF, go to https://wawf.eb.mil. WAWF Training may be accessed online at http://www.wawftraining.com. Questions regarding WAWF should be directed to your Administrative Contracting Officer (ACO).

(b) The following information will be required to correctly route your payment requests, receiving reports and additional emails:

(1) Select one of the following Document types:

(i) Use "Cost Voucher" to submit a payment request. DO NOT SUBMIT A FINAL

COST VOUCHER AT THE TIME OF DELIVERY OF THE FINAL

TECHNICAL REPORT. Reference FAR 52.216-7 for final voucher submission.

(ii) Use "Receiving Report" to submit a receiving report in accordance with DFARS 252.246-7000, Material Inspection and Receiving Report.

(2) Contract Number: (found in Block 2 of SF26 and Block 1 of DD1155)

(3) Delivery Order Number: (found in Block 2 of DD1155)

(4) Issue-by DoDAAC: FA8750

(5) Admin DoDAAC: (insert code from Block 6 of SF26)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8750-12-R-0001

(6) DCAA Auditor DoDAAC: (use toolbar on WAWF screen titled "Find DoDAAC in Audit Office Locator" to find the applicable code.)

(7) Service Approver: (insert DCMA DoDAAC)

(8) Inspected By DoDAAC/Ext: N/A

(9) Ship To Code: FA8750

(10) Ship-From Code: N/A

(11) LPO DoDAAC/Ext: N/A

(12) Pay DoDAAC: (insert code from Block 12 of SF 26)

(13) ADDITIONAL E-MAIL NOTIFICATIONS: Please add the following email addresses of the AFRL Program Manager and Technical Division Business Office for processing documents created in WAWF:

Donna.Toole@rl.af.mil and afrl.riem@rl.af.mil.

(c) CONCURRENT WITH THE DELIVERY OF THE FINAL UPDATED TECHNICAL REPORT to AFRL/RI Jiffy, the FINAL Receiving Report may be submitted with or subsequent to delivery of the Final Updated Technical Report to AFRL/RI Jiffy.

(d) DO NOT ATTACH TECHNICAL REPORTS TO WAWF DOCUMENTS. However, you may attach financial information supporting your voucher or documents supporting inspection and acceptance.

(e) Payment information may be accessed using the DFAS website at http://www.dod.mil/dfas under MyInvoice. Your contract number or invoice will be required to check status of your payment.

RIK-G002 INDEFINITE-DELIVERY, INDEFINITE-QUANTITY ACCOUNTING INFORMATION (APR

2011)

Accounting information, descriptive data and payment instructions will be specified in each individual order.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8750-12-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

H001 OPTIONS (MAY 1997) (TAILORED)

(Applicable to orders with Options)

The Government reserves the right to exercise the following option(s) subject to the stated conditions. In the event an option is exercised, the affected sections of the contract, e.g., Section B, Section F, Section G, etc., will be modified as appropriate.

Applicable to Cost Plus Fixed Fee CLIN(s) only.

H025 INCORPORATION OF SECTION K (OCT 1998)

Section K of the solicitation is hereby incorporated by reference.

H063 CONTRACTOR IDENTIFICATION (FEB 2003)

(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

(b) Contractor-occupied facilities (on AFMC or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.

H097 ACKNOWLEDGEMENT OF SPONSORSHIP (APR 2006)

(a) The contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the Air Force Research Laboratory (AFRL).

(b) For the purpose of this clause, "information" includes but is not limited to material presented in news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, presentations, meetings, conferences, symposia, etc.

(c) Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled "Security Requirements".

(d) The contractor further agrees to include this provision in any subcontracts awarded as a result of this contract.

RIK-H001 FIXED FEE FOR INDEFINITE-QUANTITY CONTRACT (APR 2011)

(Offerors must propose in accordance with RIK-L004 and RIK-L005).

The fee which shall be established on any individual order (or portion thereof) that the prime contractor performs shall be TBD% of all estimated costs, excluding facilities capital cost of money and subcontract costs. The fixed fee shall be TBD% on all estimated burdened subcontract costs (including profit/fee) for any order. For the purpose of this clause, subcontract costs include the cost resulting from any supplier, distributor, vendor, or firm, including consultants, that furnishes supplies or services to or for a prime contractor. Both parties retain the right to request renegotiation of the established fee percentage, on individual orders, in the event the work and associated risk on an individual order deviates substantially from the parameters used to establish the fixed fee percent.

RIK-H002 GOVERNMENT FURNISHED SOFTWARE (APR 2011)

(a) The Government will provide to the Contractor, for use in performance of this contract, the following listed software, by the date shown:

GOVERNMENT FURNISHED SOFTWARE DATE

(To be determined in each individual Order, as applicable) Within ______ days after contract effective date

(b) The Contractor agrees:

(1) that the software will not be used for any purpose, whether Governmental or commercial, that is not specifically required for performance of this contract;

(2) the software or modified version will not be provided to anyone without prior written approval of the Contracting Officer;

(3) except as specifically required for performance of this contract, no copies of the software will be made;

(4) to observe and honor any and all markings on the software concerning national defense security classification and limited or proprietary rights;

(5) to return all copies of the software to the Government upon completion of this contract.

(c) The software is provided "as is"; the Government is not liable nor responsible for maintenance, updating or correction of any errors contained in the software unless specified in this contract.

RIK-H003 GOVERNMENT-FURNISHED INFORMATION (APR 2011)

The Government will provide the items listed below to the Contractor by the specified date:

DATE(S) TO BE SUPPLIED

DESCRIPTION OF DATA FROM TO

(To be determined in each individual Order, as applicable)

RIK-H004 INVITED CONTRACTOR OR TECHNICAL REPRESENTITIVE STATUS-REPUBLIC OF

KOREA (APR 2011)

(To be determined on each individual Order - applicable to Orders where performance is in The Republic of Korea)

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 #15237, APO AP 96205-5237.

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

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

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

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

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

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, 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) 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.

(i) 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.

(ii) 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 are familiar with and comply with, all applicable-

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

(2) Treaties and international agreements;

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

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

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

(p) Evacuation.

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

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

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

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

(q) Next of kin notification and personnel recovery.

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

(2) 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.

RIK-H005 . SPECIAL TERMS RELATIVE TO WAR, ARMED CONFLICT, INSURRECTION, CIVIL OR

MILITARY STRIFE OR SIMILAR CONDITIONS. (APR 2011)

(Applicable to orders when the Work Description requires Contractor to continue performance during Special Contingency Situations. Determination will be made on an order by order basis, as applicable)

(a) In the event competent authority of the United States determines that due to war, armed conflict, insurrection, civil or military strife, or similar conditions, the safety of Contractor/subcontractor personnel is threatened, the parties hereto will negotiate an equitable adjustment to the order for costs incurred to retain such personnel in the affected area or to return such personnel and their dependents to the United States and secure replacements as applicable.

(b) The conditions stated in paragraph (a) of this clause shall be met if and when the United States Secretary of Defense, or any designated representative thereof, issues a determination that the safety of Contractor personnel is threatened and defines the area affected. In such event, the parties shall negotiate the retention of Contractor personnel or qualified replacements in the specified area and/or the removal of Contractor personnel dependents from the specified area, and the price adjustment(s) for such actions.

(c) The Contractor shall make every responsible effort to provide uninterrupted order performance by qualified personnel. The cost and fee for the order shall be equitably adjusted by an amount arising from emergency evacuation of such personnel to the nearest place of safety and their return to the place of performance when and if appropriate. Likewise, the cost and fee for the order shall be equitably adjusted by an amount associated with maintaining Contractor presence in the hostile environment.

(d) Notwithstanding the above, the activities and responsibilities of the United States Government (including both the United States Air Force and Contractor services) under this order may be suspended at any time upon determination by the Secretary of State, or any designated representative thereof, that, due to war, armed conflict, insurrection, military or civil unrest, or any other conditions, the best interests of the United States so require. The parties hereto shall negotiate an equitable adjustment to the order to reimburse the Contractor for any special or additional costs resulting from such suspension.

(e) Under no circumstances will Contractor/subcontractor personnel be required to perform activities that would violate international laws of war and/or armed conflict or direct preparation thereof.

RIK-H006 INSURANCE CLAUSE IMPLEMENTATION (APR 2011)

The Contractor shall obtain and maintain the minimum kinds and amounts of insurance during performance of this contract as specified by FAR 28.307-2, Liability, and contemplated by FAR 52.228-5, Insurance--Work on a Government Installation, and/or 52.228-7, Insurance--Liability to Third Persons.

RIK-H007 CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY IN THE

REPUBLIC OF KOREA (ROK) (MAY 2011)

CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY IN THE 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.

"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.

"Theater of Operations" means an area defined by the combatant commander for the conduct or support of specified operations.

"Uniform Code of Military Justice" means 10 U.S.C. Chapter 47.

(b) General.

(1) This clause applies when contractor personnel deploy with or otherwise provide support in the theater of operations (specifically, the Korean Theater of Operations) to U.S. military forces deployed/located outside the United States in-

(i) Contingency operations;

(ii) Humanitarian or peacekeeping operations; or

(iii) Other military operations or exercises designated by the Combatant Commander.

(2) Contract performance in support of U.S. military forces may require work in dangerous or austere conditions. The Contractor accepts the risks associated with required contract performance in such operations. The contractor will require all its employees to acknowledge in writing that they understand the danger, stress, physical hardships and field living conditions that are possible if the employee deploys in support of military operations.

(3) Contractor personnel are not combatants and shall not undertake any role that would jeopardize their status. Contractor personnel shall not use force or otherwise directly participate in acts likely to cause actual harm to enemy armed forces.

(c) 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) 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.

(i) When the Government provides medical 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.

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

(1) 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.

(d) 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;

(i) The Military Extraterritorial Jurisdiction Act may apply to contractor personnel if contractor personnel commit crimes outside the United States.

(ii) Under the War Crimes Act, United States citizens (including contractor personnel) who commit war crimes may be subject to federal criminal jurisdiction.

(iii) When Congress formally declares war, contractor personnel authorized to accompany the force may be subject to the Uniform Code of Military Justice.

(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.

(e) Pre-deployment/departure requirements. The Contractor shall ensure that the following requirements are met prior to deploying/locating personnel in support of U.S. military forces in the Republic of Korea.

Specific requirements for each category may be specified in the statement of work or elsewhere in the contract.

(1) All required security and background checks are complete and acceptable.

(2) All contractor personnel meet the minimum medical screening requirements and have received all required immunizations. In the Republic of Korea, all contractor employees subject to this clause shall comply with the same DoD immunization requirements applicable to Emergency Essential DoD civilians-

INCLUDING ANTHRAX IMMUNIZATION. The Government will provide, at no cost to the Contractor, any Korean theater-specific immunizations and/or medications not available to the general public.

(3) Contractor personnel have all necessary passports, visas, and other documents required to enter and exit a theater of operations and have a Geneva Conventions identification card from the deployment center or CONUS personnel office if applicable.

(4) Country and theater clearance is obtained for contractor personnel. Clearance requirements are in DOD Directive 4500.54, Official Temporary Duty Abroad, DOD 4500.54-G, DOD Foreign Clearance Guide, and USFK Reg 1-40, United States Forces Korea Travel Clearance Guide. Contractor personnel are considered non-DOD personnel traveling under DOD sponsorship.

(f) Processing and departure points. Deployed contractor personnel shall-

(1) Under contingency conditions or under other conditions as specified by the Contracting Officer, process through the applicable deployment center prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of contractor personnel and to ensure that all deployment requirements are met;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) If processing through a deployment center, process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific theater of operations entrance requirements are met, and brief contractor personnel on theater-specific policies and procedures.

(g) Personnel data list.

(1) The Contractor shall establish and maintain with the designated Government official a current list of all contractor personnel that deploy with or otherwise provide support in the theater of operations to U.S.

military forces as specified in paragraph (b)(1) of this clause. The Synchronized Predeployment and Operational Tracker (SPOT) is the designated automated system to use for this effort. This accountability requirement is separate and distinct from the personnel accountability requirement listed in the U.S-ROK SOFA's Invited Contractor/Technical Representative Program (as promulgated in USFK Regulation 700- 19).

(2) The Contractor shall ensure that all employees on the list have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official.

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this clause. Contractors shall replace designated personnel within 72 hours, or at the Contracting Officer's direction. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer and USFK Sponsoring Agency (see USFK Reg 700-19) upon request. The plan shall-

(i) Identify all personnel who are subject to U.S. or Republic of Korea military mobilization;

(ii) Identify any exemptions thereto;

(iii) Detail how the position would be filled if the individual were mobilized; and

(iv) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential.

(vi) Military clothing and protective equipment.

(3) Contractor personnel supporting a force deployed outside the United States as specified in paragraph (b)(1) of this clause are prohibited from wearing military clothing unless specifically authorized in writing by the COMUSK. If authorized to wear military clothing, contractor personnel must wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures and the Geneva Conventions.

(4) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective clothing.

(5) The deployment center, the Combatant Commander, or the Sponsoring Agency shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of contractor personnel.

(6) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the theater of operations be authorized to carry weapons, the request shall be made through the Contracting Officer to the COMUSK. The COMUSK will determine whether to authorize in-theater contractor personnel to carry weapons and what weapons will be allowed.

(2) The Contractor shall ensure that its personnel who are authorized to carry weapons-

(i) Are adequately trained;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii) Adhere to all guidance and orders issued by the COMUSK regarding possession, use, safety, and accountability of weapons and ammunition.

(iii) The use of deadly force by persons subject to this clause shall be made only in self-defense, except:

(v) Persons subject to this clause who primarily provide private security are authorized to use deadly force only as defined in the terms and conditions of this contract in accordance with USFK regulations and policies (especially, USFK Regulation 190-50).

(vi) Liability for the use of any weapon by persons subject to this clause is solely the responsibility of the individual person and the contractor.

(3) Upon redeployment or revocation by the COMUSK of the Contractor's authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(k) Evacuation.

(1) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(l) "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.

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

(n) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract.

(o) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph, in all subcontracts that require subcontractor personnel to be available to deploy with or otherwise provide support in the theater of operations to U.S. military forces deployed/stationed outside the United States in-

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or exercises designated by the Combatant Commander.\

(p) The Contracting Officer will discern any additional GFE, GFP or logistical support necessary to facilitate the performance of the enhanced requirement or necessary for the protection of contractor personnel. These items will be furnished to the Contractor at the sole discretion of the Contracting Officer and may be provided only on a reimbursable basis.

RIK-H008 RECEIVING REPORT MAILING ADDRESS (APR 2011)

(a) At the time of each delivery of supplies (hardware, software) or services under this contract, submit a Receiving Report (formerly DD Form 250) in WAWF for each deliverable item under the contract (e.g.