MIOES PWS -- C2BMC 13 Feb.pdf

PERFORMANCE WORK STATEMENT 3

7 February 2024 4

Contract Number: TBD 7

Task Order Title: 9

C2BMC Infrastructure, Engineering and Mission Support Services 10

Task Order Number: 12

F-5000 13

Period of Performance: 16

24 Months 17

Task Order Type: 19

WARNING—This document contains information that may be exempt from mandatory 22 disclosure under the Freedom of Information Act (FOIA). 23 ii

PERFORMANCE WORK STATEMENT REVISION HISTORY

Version Date Mod # Change Description

0.0 12 Feb 2025 Initial iii

TABLE OF CONTENTS

1. PURPOSE

2. BACKGROUND

3. SCOPE

4. SERVICE SUMMARY ITEMS

5. CONTRACT DATA REQUIREMENTS LIST

5.1 Identification

5.2 Tailoring

6. MILESTONES

6.1 Exhibit 2: Performance Standard Summary ........... Error! Bookmark not defined.

7. PROPERTY

7.1 Government Property

7.2 Government-Furnished Property

7.3 Government-Furnished Information

7.4 Contractor-Acquired Property

8. SPECIAL REQUIREMENTS

8.1 Security Requirements

8.2 Invited Contractor or Technical Representative Status—Republic of Korea (4 June 2007)

8.3 United States Forces Korea Wartime Clause

8.4 Export Compliance

9. APPLICABLE DOCUMENTS

10. STATEMENT OF TASKS AND STANDARDS

10.1 Task Order Administration

10.1.1 Task Order Management

10.1.2 Enterprise Task Order Support

10.1.3 Task Order Award and Modification

10.2 Portfolio Management

10.2.1 C2BMC Infrastructure, Engineering and Mission Support Services Delivery Organization

10.2.2 Tailored Organizational Approach

10.2.3 Technical Architecture and Engineering

10.2.4 Organizational Project Management

10.3 Current Operations

10.3.1 C2BMC Test Facility Operations

10.3.2 Cybersecurity Operations

10.3.3 Joint Early Warning Lab Operations

10.4 Events and Engineering Projects

10.4.1 Assessment and Planning

10.4.2 Events

10.4.3 Immediate Response Task Engineering Projects

10.4.4 Quick Response Task Engineering Projects

10.4.5 Discrete Engineering Projects

10.4.6 Travel ............................................................ Error! Bookmark not defined.

10.5 Sustainment

iv

10.5.1 C2BMC Test Facility–Test Articles Maintenance

10.5.2 C2BMC Test Facility–Test Environment Maintenance

10.5.3 Virtual Testing Enclave for C2BMC Maintenance

10.5.4 Joint Early Warning Lab Maintenance

10.5.5 ODE Maintenance ......................................... Error! Bookmark not defined.

10.5.6 End User Operations and Maintenance

10.5.7 Maintenance, Sparing, Tech Refresh

10.6 Information Management

10.6.1 Request for Service Workflow Management

10.6.2 Records Management

10.6.3 Technical Document Management

10.6.4 Collaboration Environments

10.7 International Operations

10.7.1 International Documentation and Planning

10.7.2 International Engineering Support

10.7.3 International Operations, Maintenance and Sustainment

10.7.4 International Test Events

10.8 BMDS Network Operations and Security Center

10.8.1 Operations and Sustainment

10.8.2 Events and Engineering Projects

10.9 C2BMC International & Infrastructure Management

10.9.1 Configuration Management

10.9.2 Mission Systems Configuration Tracking

LIST OF TABLES

Table 3–1 Mission Areas and Stakeholders Table 4–1 Service Summary Item #5a Table 4–2 Service Summary Item #5b Table 4–3 Service Summary Item #5c Table 4–4 Service Summary Item #5d Table 4–5 Service Summary Item #6 Table 4–6 Service Summary Item #7a Table 4–7 Service Summary Item #7b Table 4–8 Service Summary Item #7c Table 4–9 Service Summary Item #8 Table 4–10 Service Summary Item #9 Table 4–11 Service Summary Item #10 Table 5–1 Contract Data Requirements List Identification Table 6–1 Milestones Table 6–2 Exhibit 2: Performance Standard Summary............ Error! Bookmark not defined.

Table 9–1 Applicable Documents Table 10–1 Task Order Management Deliverables v

LIST OF ATTACHMENTS

Attachment 1 Information Technology Support Levels ............................................... 1-1

1. Background 1

The Missile Defense System (MDS) Command and Control (C2), Battle Management, 2 and Communications (C2BMC) Infrastructure, Engineering and Mission Support 3 Services Task Order (TO) provides engineering products and services and mission 4 operation activities for the C2BMC International & Infrastructure (CII) Program 5 Management Office (PMO). 6

Early in the C2BMC program, the MDA established at the Missile Defense Integration 7 and Operations Center (MDIOC) an integration, test, and experimental test facility that 8 allows the Missile Defense National Team (NT) (MDNT) contractor and the 9 Government to test and verify the performance of new versions of C2BMC and to 10 support fielded systems. The test facility features replicas of the systems that the 11 MDNT designs and the environments in which they operate. 12

2. SCOPE 14

The contractor shall provide services within the Mission Areas (MAs) identified in Table 15 2–1. 16

Table 2–1 Mission Areas 17

Name Scope Mission CTF–Test Environment

(CTF- TE)

Plan, design, implement, and sustain mission equipment and capabilities; sustain non-mission equipment and capabilities (e.g, unclassified/classified IT, voice communications, printers); provide IT and engineering services;

and operate equipment during mission execution.

Provides interfaces to stimulate the CTF- TA; simulates missile defense elements;

and includes data collection devices, data storage arrays, and analysis tools that form the supporting system to conduct tests.

CTF-TA Plan, design, implement, and sustain mission equipment and capabilities; sustain non-mission equipment and capabilities (e.g, unclassified/classified IT, voice communications, printers);; provide IT and engineering services;

and support mission execution.

Represents the deployed, fielded version of C2BMC and the current test version that the Government will deploy. CTF-TA is the system under test.

IPOP Plan, design, implement, and sustain mission equipment and capabilities; sustain non-mission equipment and capabilities; provide IT and engineering services; and operate equipment during mission execution.

Provides the communication hub with connections to Missile Defense System laboratories (labs) for participation in multi-national testing.

JEWL Plan, design, implement, and sustain mission equipment and capabilities; sustain non-mission equipment and capabilities; provide IT and engineering services; and operate equipment during mission execution. Perform technical assessments of real-world missile events, FTs, and exercises.

Performs TMW integration; provides H&S assessments of the Theater Event System (TES); and provides Missile Defense System operational system analysis

Name Scope Mission System Test and Operations Center (STOC)

Plan, design, and implement MDIOC and MDA IT infrastructure, and mission support needs.

Labs that connect to operational C2BMC suites for conducting FTs and distributed Ground Tests (GTs), operational integration and testing, and operations deployment support, as well as supporting the Ballistic Missile Defense System (BMDS) Network Operations and Security Center (BNOSC) Watchfloor Alternate Support Area.

C2BMC System Support Center

(CSSC)

Plan, design, and implement MDIOC and MDA IT infrastructure, and mission support needs.

Connects to operational, training, and test labs to provide real-world SA, senior leader playbooks, test analysis, etc.

Overhead Persistent Infrared (IR)

(OPIR)

Consolidated Laboratory

(OCL)

Plan, design, and implement MDIOC and MDA IT infrastructure.

Three labs (i.e., OCL-1, OCL-2, and TSC) that use simulation and tactical systems to generate early warning messages for Hardware-in- the-Loop (HWIL), FT, and distributed GT events.

VTEC Plan, design, implement, and sustain mission equipment, MDIOC infrastructure, and non-mission equipment, and support mission execution. Provide hardware, software, infrastructure support, and external connectivity via the testing enclave.

Represents an agile, virtualized Mission Suite capability.

BNOSC Plan, design, and implement MDIOC infrastructure, MDA IT infrastructure, and mission CII support needs.

The single MDA entity, which transcends the individual elements within the MDA for operation, management, defense, and C2 of Missile Defense System communications and applications.

Emerging Requirements

Procure and deliver requested materials for use in maintaining other CII-supported networks and engineering efforts.

Provide support IT for miscellaneous areas.

Name Scope Mission Consolidated Support Facility

(CSF)

Plan, design, and implement MDIOC and MDA IT infrastructure, and mission-specific IT infrastructure to support mission needs.

Supports CII program planning and execution.

International Support

Assist with documentation, planning, and system engineering exercises related to the formulation and release of interface control, data ownership, and cooperative memorandums and documents between C2BMC and allied partner nations as directed by the CII Director. Assist with planning and execution of testing, and maintain the IPOP at MDIOC.

Supports CII program planning and execution.

3. CONTRACT DATA REQUIREMENTS LIST 25

The point of delivery for all Contract Data Requirements List (CDRL) products, except 26 as noted in Exhibit C, is the MDA Electronic Content and Records Tool (ECaRT) 27 system. The contractor shall deliver all such products by saving and profiling them in 28 ECaRT, with the appropriate notification of delivery letter transmitted electronically to 29 the Government’s Data Management Office (DMO). Refer to Exhibit A for specific 30 CDRL delivery instructions. 31

Table 3–1 Contract Data Requirements List Identification 32

Task CDRL DID Title

8.2.1.3 A001 DI-MISC-

80508B/T Status Report

8.2.2.3 A002 DI-MGMT-81861C Integrated Program Management Data and Analysis Report

8.2.3.1 A003 DI-MGMT-81453A Data Accession List (DAL)

8.2.4.1 A004 DI-MISC-80508B/T Task Order Close-Out

8.4.2.3.1.1 A005 DI-MISC-80508B/T Assessment and Authorization Documentation 8.5.3.7, 8.5.4.7, 8.5.5.7, 8.9.1.5.7, 8.9.1.6.7

A006 DI-MISC-80508B/T Baseline Engineering Documentation

8.6.6.6, 8.9.1.1.1

A007 DI-MISC- 80508B/T Maintenance and Spare Report

8.6.6.7 A008 DI-MISC- 80508B/T Technology Refresh Plan

4. SERVICE SUMMARY ITEMS 36

Table 4–1 Service Summary Item #1a 37

Name Sustainment Efforts: Critical IRs, MDIOC, CSFB Identifier SSI #1a Definition Mission-critical incidents are responded to within 2 hours and fixed within 24 hours, excluding extenuating circumstances beyond the contractor’s control.

Measurable Concept

The contractor’s response time associated with mission-critical incidents (refer to Section 10.5) is timely and effective.

Baseline Measure

Each category SSI 5a-d will be measured independently; then, an SSI score will be given based on the lowest performance of evaluated efforts. Extenuating circumstances are provided for tickets outside of contractor control for consideration by the CII PMO to not include in monthly evaluation.

Technical Performance Measures

No mission critical IRs are identified or 100% of mission-critical IRs meet established times for IR and completion.

One mission-critical IRs did not meet established times for IR and completion.

Two mission-critical IRs did not meet established times for IR and completion.

Three mission-critical IRs did not meet established times for IR and completion.

Four or more mission-critical IRs did not meet established times for IR and completion.

Notes Critical is defined by the customer and technician with consideration as to whether the impacts of the incident are mission critical, then given a priority of High or Critical in Remedy.

Scored independently of SSIs #1b, #1c, and #1d over a monthly period. The lowest of the four SSIs is the one that is scored.

Rated monthly.

Table 4–2 Service Summary Item #1b 42

Name Sustainment Efforts: BNOSC (Continental United States [CONUS] Sites) Identifier SSI #1b Definition BNOSC mission-critical and non-critical incidents and maintenance tasks are completed within the minimum timeframe as specified.

Measurable Concept

The contractor’s response to mission-critical and non-critical incidents and maintenance tasks is timely and effective.

Baseline Measure

Each category SSI 5a-d will be measured independently; then, an SSI score will be given based on the lowest performance of evaluated efforts. Extenuating circumstances are provided for tickets outside of contractor control for consideration by the CII PMO or authorized representative to not include in monthly evaluation.

Technical Performance Measures

No mission-critical task, OR no more than one non-critical or maintenance tasks did not meet the established times

One mission-critical task or no more than two non–critical or maintenance tasks did not meet established times

Two mission critical task or no more than three non-critical or maintenance tasks did not meet established times

Three mission critical task or no more than four non-critical or maintenance tasks did not meet established times.

Contractor missed more than four critical or five non-critical or maintenance tasks.

Notes Critical status and established times are defined in Exhibit 2.

Scored independently of SSIs #1a, #1c, and #1d over a monthly period. The lowest of the four SSIs is the one that is scored.

Table 4–3 Service Summary Item #1c 48

Name Sustainment Efforts: Client Support Administration (CSA) IMAC Identifier SSI #1c Definition Sustainment effort Requests for Service (RFSs) and battle rhythms are completed by their negotiated dates with no mission impacts, excluding extenuating circumstances beyond the contractor’s control.

Measurable Concept

The contractor completes IMAC RFSs by the most up-to-date planned turnover (refer to Section 10.5.5).

Baseline Measure

Each category SSI 5a-d will be measured independently; then, an SSI score will be given based on the lowest performance of evaluated efforts. Extenuating circumstances are provided for tickets outside of contractor control for consideration by the CII PMO to not include in monthly evaluation.

Technical Performance Measures

No IMAC RFSs did not meet established times for incident completion. 5 One IMAC RFSs did not meet established times for incident completion. 4 Two IMAC RFSs did not meet established times for incident completion. 3 Three IMAC RFS' did not meet established times for incident completion. 2 Four or more IMAC RFSs did not meet established times for incident completion.

Notes Planned turnovers are agreed upon by the contractor and the customer. Any changes in planned turnover are agreed upon between the contractor and customer.

Scored independently of SSIs #1a, #1b, and #1d over a monthly period. The lowest of the four SSIs is the one that is scored.

Table 4–4 Service Summary Item #1d 54

Name Sustainment Efforts: BNOSC (Outside the CONUS [OCONUS] Sites) Identifier SSI #1d Definition BNOSC mission-critical and non-critical tickets and maintenance tasks are completed in a minimum timeframe as specified.

Measurable Concept

The contractor’s response time associated with mission-critical incidents and non-critical or maintenance tasks is timely and effective.

Baseline Measure

Each category SSI 5a-d will be measured independently; then, an SSI score will be given based on the lowest performance of evaluated efforts. Extenuating circumstances are provided for tickets outside of contractor control for consideration by the CII PMO to not include in monthly evaluation.

Technical Performance Measures

No critical tickets or no more than one non-critical or maintenance tasks did not meet established times.

One mission-critical or no more than two non-critical or maintenance tasks did not meet established times.

Two mission-critical or no more than three non-critical or maintenance tasks did not meet established times.

Three mission-critical or no more than four non-critical or maintenance tasks did not meet established times.

Contractor missed more than four critical or five non-critical or maintenance tasks.

Notes Critical status and established times are defined in Exhibit 2.

Scored independently of SSIs #5a, #5b, and #5c over a monthly period. The lowest of the four SSIs is the one that is scored.

If 1 of SSIs #1a–1d are not scored, the other 3 will be scored.

Rated monthly.

Table 4–5 Service Summary Item #2 60

Name Management, Measurement Ratings Identifier SSI #2 Definition Requirements for management review are met based on the categories identified in the QASP monthly performance report.

Measurable Concept

The contractor’s managerial effectiveness as measured against the QASP.

Baseline Measure

The Quality Program Review (QPR) categories of cooperation, coordination, communication, staff qualification, change management, problem identification, problem correction, leadership, risk management, BNOSC, JEWL, lab communication, lab timelines, lab quality, financial management contract value impacts, funding needs, analysis & innovation, and International support will each be graded on a scale of 1–5 points and then averaged together to provide the point total that will be technically assessed in this SSI.

Technical Performance Measures

6-month review results in an average of 4.5 and above across all performance metrics.

6-month review results in an average of 4–4.49 across all performance metrics.

6-month review results in an average of 3–3.99 across all performance metrics.

6-month review results in an average of 2–2.99 across all performance metrics.

6-month review results in an average of 0–1.99 across all performance metrics.

Notes 100% review of requirements under QASP guidelines for management and business relations, financial, labs, BNOSC, and JEWL.

Rated quarterly.

Table 4–6 Service Summary Item #3a 66

Name Cyber/End Point Security Solutions (ESS) Identifier SSI #3a Definition ESS CERT compliance over the assessment period. The MDA standard is 100% Measurable Concept

Baseline Measure

Contractor will maintain compliance barring extenuating circumstances outside of contractor control.

Technical Performance Measures

Overall compliance is greater than or equal to 95%. 4 Overall compliance is greater than or equal to 80% and less than 95%. 3 Overall compliance is greater than or equal to 70% and less than 80%. 2 Overall compliance is greater than or equal to 60% and less than 70%. 1 No proactive actions were taken to raise compliance, and the contractor cannot explain a less than 60% overall compliance.

Notes Baseline compliance module deployment across all enclaves by % (target 95%+)

• ESS modules must be installed

• ESS modules installation and configuration must meet operational compliance in accordance with current DOD directives and Operational Orders.

Configurations of all ESS modules shall be coordinated with-in the constraints of the C2BMC baseline with the National Team for CTF-TA & VTEC for compliance.

Table 4–7 Service Summary Item #3b 72

Name Cyber/ACAS Identifier SSI #3b Definition ACAS scanning compliance over the assessment period. MDA standard is 95% Measurable Concept

The contractor’s level of compliance at the final scan of the month. Other scans from the month may be considered as needed.

Baseline Measure

Contractor will maintain compliance over the course of the month, barring extenuating circumstances outside of contractor control.

Technical Performance Measures

Overall compliance is greater than or equal to 95% on scannable devices. 4 Overall compliance is greater than or equal to 85% and less than 95% on scannable devices.

Overall compliance is greater than or equal to 75% and less than 85% on scannable devices.

Overall compliance is greater than or equal to 70% and less than 75% on scannable devices

Less than 70% compliance with no action plan or explanations 0 Notes Contractor will provide data for every scan accomplished in each lab that month, including explanations of dip, and proactive steps taken for non-compliant systems.

Enclaves are all weighted equally. The score for ESS is the average of total enclaves evaluated over the assessment period. The final scan of the month will be rated unless extenuating circumstances affect the final scan, in which case the rest of the month's performance should be considered.

Justification provided for devices not included and devices outside contractor control are not included in QPI scoring. Percentages are based on ACAS security center numbers. Disputed dashboard numbers will be provided for justification of why devices are not included in monthly scoring.

If cybersecurity activities were impacted by events, then scores will not be deducted for work unable to be completed during an event. Events and timeline of impacts will be listed with circumstances outside of contractor control for why they should not be included in scoring.

Table 4–8 Service Summary Item #3c 78

Name Security Information and Event Management (SIEM) Tool Identifier SSI #3c Definition System logging tool validation of device uptime over the assessment period Measurable Concept

The contractor’s level of compliance over the assessment period.

Baseline Measure

The contractor will not have unexplainable downtime on system logging devices connection to CERT Tier II reporting.

Technical Performance Measures

SIEM tool devices are running at least 85% of the time and are connected, available, and reporting to CERT Tier II, other than during planned maintenance.

SIEM tool devices are running less than 85% of the time across the week— which is then averaged at the end of the month, similarly to ACAS reporting—and are connected, available, and reporting to CERT Tier II, other than during planned maintenance.

Notes Contractor will monitor logs to the best of their ability in each enclave. C2BMC Labs and Warfighters (CLAW) will provide a monthly summary of the log files and spot checks in the TOSR, as well as the best estimate of downtime in each enclave.

System logging tools are in development, and CLAW's capability to check logs and graphs may change over time and be different in each enclave. Downtime will be monitored by analyzing event logs, monitoring events per second, looking for anomalies, and viewing dashboard graphs when available.

Downtime outside the contractor’s control and due to planned maintenance are reported to Government in the monthly TOSR and not considered in scoring.

If cybersecurity activities were impacted by events, then cybersecurity scores will not be deducted for work unable to be completed during an event. Events and timelines of impact will be listed, as well as circumstances outside the contractor’s control for why they should not be included in scoring

Table 4–9 Service Summary Item #4 84

Name ATO Status Identifier SSI #4 Definition Contractor is rated on work done to prepare an enclave for ATO renewal. If no ATO renewal data is due, the contractor is rated on ATO compliance.

Measurable Concept

The contractor’s performance on the ATO scorecard.

Baseline Measure

ATO status and efforts taken to renew when applicable.

Technical Performance Measures

Scorecard: 90% or higher. 5 Scorecard: 80% to 89.99%. 4 Scorecard: 70% to 79.99%. 3 Scorecard: 60% to 69.99%. 2 Scorecard: Less than 60%. 1 ATO denied or administration extension required. 0

Notes ATO scorecard is completed each quarter and total is scored based on total available points that quarter.

Circumstances including administrative extension outside contractor’s control are not considered.

control for why they should not be included in scoring.

Note: If tech refreshes are not accomplished during the PoP then there is an increased likelihood of poor performance on the ATO scorecard.

Rated quarterly.

Table 4–10 Service Summary Item #5 90

Name Cyber Event Preparedness Identifier SSI #5 Definition Contractor is rated on overall cybersecurity posture and event readiness.

Measurable Concept

The contractor’s performance on the Event Preparedness scorecard.

Baseline Measure

Contractor takes steps to prepare and is prepared for any cybersecurity events.

Technical Performance Measures

Scorecard: 90% or higher. 20 Scorecard: 80% to 89.99%. 18 Scorecard: 70% to 79.99%. 16 Scorecard: 60% to 69.99%. 14 Scorecard: Less than 60%. 0

Notes Cyber Event Preparedness scorecard is completed each quarter and the total is scored based on total available points that quarter.

control for why they should not be included in scoring.

In addition to the Cyber Event Preparedness scorecard, a cybersecurity discipline finding can result in a deduction of 2.5 points per finding per event, up to a maximum of 20 points per quarter. Only formal inspection results should be considered and only if cybersecurity discipline is applicable to the event.

Cybersecurity discipline is defined as the positive control of password files, open ports, unlocked racks, and open KVMs.

Contractor will explain any findings outside of contractor control for consideration by CII PMO to not cause deduction of points from an event. Password files older than the last ACD date will not be included. Purchasing of tools or unapproved projects by the Government that would reduce or eliminate hygiene findings may also be considered for exemption.

In the event there is no event activity to score for a six-month period, the contractor will be rated on their proactive, continuous measures to stay prepared for an event, including the following:

• Managing vulnerabilities

• Updating POAMs (no overdue)

• Maintaining CTO's (no overdue)

• Reviewing / Updating RMF documentation

• Submitting all required documents on time

• Reviewing Update ASAs

Note: If tech refreshes are not accomplished during the PoP then there is an increased likelihood of poor performance on the ATO scorecard.

Rated bi-annually.

Table 4–11 Service Summary Item #6 96

Name CTO and POA&M Identifier SSI #6 Definition Contractor is rated on CTO and POA&M status.

Measurable Concept

The contractor’s performance on the CTO and POA&M scorecard (refer to Exhibit 3).

Baseline Measure

Contractor manages and actively works CTOs and POA&Ms.

Technical Performance Measures

Scorecard: 100%. 6 Scorecard: 90% or higher. 5 Scorecard: 80% or higher. 4 Scorecard: 70% or higher. 3 Scorecard: Less than 70%. 0

Notes TO and POA&M scorecard is completed each month and additional data about the states of CTOs and POA&Ms are provided.

POA&Ms that have been submitted for extension are not considered but will still be reported. Extenuating circumstances or other activity outside of contractor control will not be considered.

not be deducted for work unable to be completed during an event. Event and timeline of impact will be listed.

5. PROPERTY 100

The contractor is required to be in compliance with FAR 52.245-1, Government Property. The 101 Logistics and Product Services task order under the MIOES contract will provide the following 102 integrated service capabilities and requirements for all task orders under this contract: warehouse 103 operations, inspection, shipping, receiving, tagging, cataloging, packaging, handling, storage, 104 transportation (local and third party) and life cycle property management from receipt, periodic 105 inventories to disposal operations. All other activities required to be in compliance with FAR 52.245-106 1, shall be performed under this task order and will be adhere to the property management, asset 107 management and accountability requirements as specified within the Property Management and 108 Logistics Services Task Order. 109

6. OTHER REQUIREMENTS 112

6.1 Security Requirements 113

IAW the MDA Security Classification Guidance (SCG), JEWL analyst(s) must maintain a 114 TOP SECRET clearance with Sensitive Compartmented Information (SCI). 115

North Atlantic Treaty Organization (NATO) SECRET clearance will be required for all 116 personnel providing support IAW Section 10.7. 117

6.2 Invited Contractor or Technical Representative Status—Republic of Korea (4 118 June 2007) 119

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by 120 the U.S.-Republic of Korea (ROK) Status of Forces Agreement (SOFA) as implemented 121 by U.S. Forces Korea (USFK) Regulation (Reg) 700-19, which can be found under the 122 Publications tab on the USFK homepage: http://www.usfk.mil. 123

(a) Definitions. As used in this clause— 124

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual 125 Defense Treaty between the Republic of Korea and the U.S. of America, 126 Regarding Facilities and Areas and the Status of U.S. Armed Forces in the 127 Republic of Korea, as amended 128

“Combatant Commander” means the commander of a unified or specified 129 combatant command established in accordance with 10 U.S.C. 161. In 130 Korea, the Combatant Commander is the Commander, United States 131 Pacific Command. 132

“United States Forces Korea” (USFK) means the subordinate unified 133 command through which US forces would be sent to the Combined Forces 134 Command fighting components. 135

“Commander, United States Forces Korea” (COMUSK) means the 136 commander of all U.S. forces present in Korea. In the Republic of 137 Korea,COMUSK also serves as Commander, Combined Forces 138 Command (CDR CFC) and Commander, United Nations Command (CDR 139

UNC). 140

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) 141 means the principal staff office to USFK for all acquisition matters and 142 http://www.usfk.mil/ administrator of the U.S.-ROK SOFA as applied to US and Third Country 143 contractors under the Invited Contractor (IC) and Technical 144 Representative (TR) Program (USFK Reg 700-19). 145

“Responsible Officer (RO)” means a senior DOD employee (such as a 146 military E5 and above or civilian GS-7 and above), appointed by the USFK 147 Sponsoring Agency (SA), who is directly responsible for determining and 148 administering appropriate logistics support for IC/TRs during contract 149 performance in the ROK. 150

(b) IC or TR status under the SOFA is subject to the written approval of USFK, 151 Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 152 96205-5237. 153

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, 154 and USFK Reg 700-19. FKAQ will determine the appropriate contractor status 155 under the SOFA and notify the contracting officer of that determination. 156

(d) Subject to the above determination, the contractor, including its employees 157 and lawful dependents, may be accorded such privileges and exemptions under 158 conditions and limitations as specified in the SOFA and USFK Reg 700-19. 159 These privileges and exemptions may be furnished during the performance 160 period of the contract, subject to their availability and continued SOFA status. 161 Logistics support privileges are provided on an as-available basis to properly 162 authorized individuals. Some logistics support may be issued as Government 163 Furnished Property or transferred on a reimbursable basis. 164

(e) The contractor warrants and shall ensure that collectively, and individually, its 165 officials and employees performing under this contract will not perform any 166 contract, service, or other business activity in the ROK, except under U.S. 167 Government contracts and that performance is IAW the SOFA. 168

(f) The contractor’s direct employment of any Korean-National labor for 169 performance of this contract shall be governed by ROK labor law and USFK 170 regulation(s) pertaining to the direct employment and personnel administration of 171 Korean National personnel. 172

(g) The authorities of the ROK have the right to exercise jurisdiction over invited 173 contractors and technical representatives, including contractor officials, 174 employees and their dependents, for offenses committed in the ROK and 175 punishable by the laws of the ROK. In recognition of the role of such persons in 176 the defense of the ROK, they will be subject to the provisions of Article XXII, 177 SOFA, related Agreed Minutes and Understandings. In those cases in which the 178 authorities of the ROK decide not to exercise jurisdiction, they shall notify the 179 U.S. military authorities as soon as possible. Upon such notification, the military 180 authorities will have the right to exercise jurisdiction as is conferred by the laws of 181 the U.S. 182

(h) Invited contractors and technical representatives agree to cooperate fully with 183 the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters 184 pertaining to logistics support and theater training requirements. Contractors will 185 provide the assigned SA prompt and accurate reports of changes in employee 186 status as required by USFK Reg 700-19. 187

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be 188 conducted in accordance with USFK Reg 350-2 Theater Specific Required 189 Training for all Arriving Personnel and Units Assigned to, Rotating to, or in 190 Temporary Duty Status to USFK. IC/TR personnel shall comply with 191 requirements of USFK Reg 350-2. 192

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. 193 contractors performing work on USAF classified contracts will report to the 194 nearest Security Forces Information Security Section for the geographical area 195 where the contract is to be performed to receive information concerning local 196 security requirements. 197

(k) Invited Contractor and Technical Representative status may be withdrawn by 198 USFK/FKAQ upon: 199

(1) Completion or termination of the contract. 200

(2) Determination that the contractor or its employees are engaged in 201 business activities in the ROK other than those pertaining to U.S. armed 202 forces. 203

(3) Determination that the contractor or its employees are engaged in 204 practices in contravention to Korean law or USFK regulations. 205

(l) It is agreed that the withdrawal of invited contractor or technical representative 206 status, or the withdrawal of, or failure to provide any of the privileges associated 207 therewith by the U.S. and USFK, shall not constitute grounds for excusable delay 208 by the contractor in the performance of the contract and will not justify or excuse 209 the contractor defaulting in the performance of this contract. Furthermore, it is 210 agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, 211 Section II, paragraph 6 shall not serve as a basis for the contractor filing any 212 claims against the U.S. or USFK. Under no circumstance shall the withdrawal of 213 SOFA Status or privileges be considered or construed as a breach of contract by 214 the U.S. Government. 215

(m) Support. 216

(1) Unless the terms and conditions of this contract place the responsibility 217 with another party, the COMUSK will develop a security plan to provide 218 protection, through military means, of Contractor personnel engaged in the 219 theater of operations when sufficient or legitimate civilian authority does 220 not exist. 221

(2) (i) All Contractor personnel engaged in the theater of operations are 222 authorized resuscitative care, stabilization, hospitalization at level III 223 military treatment facilities, and assistance with patient movement in 224 emergencies where loss of life, limb, or eyesight could occur. 225 Hospitalization will be limited to stabilization and short-term medical 226 treatment with an emphasis on return to duty or placement in the patient 227 movement system. 228

(ii) When the Government provides medical or emergency dental 229 treatment or transportation of Contractor personnel to a selected 230 civilian facility, the Contractor shall ensure that the Government is 231 reimbursed for any costs associated with such treatment or 232 transportation. 233

(iii) Medical or dental care beyond this standard is not authorized 234 unless specified elsewhere in this contract. 235

(3) Unless specified elsewhere in this contract, the Contractor is 236 responsible for all other support required for its personnel engaged in the 237 theater of operations under this contract. 238

(n) Compliance with laws and regulations. The Contractor shall comply with, and 239 shall ensure that its personnel supporting U.S Armed Forces in the Republic of 240 Korea as specified in paragraph (b)(1) of this clause are familiar with and comply 241 with, all applicable— 242

(1) United States, host country, and third country national laws; 243

(2) Treaties and international agreements; 244

(3) United States regulations, directives, instructions, policies, and 245 procedures; and 246

(4) Orders, directives, and instructions issued by the COMUSK relating to 247 force protection, security, health, safety, or relations and interaction with 248 local nationals. Included in this list are force protection advisories, health 249 advisories, area (i.e. “off-limits”), prostitution and human trafficking and 250 curfew restrictions. 251

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor 252 personnel shall possess the required licenses to operate all vehicles or 253 equipment necessary to perform the contract in the theater of operations. All 254 contractor employees/dependents must have either a Korean driver’s license or a 255 valid international driver’s license to legally drive on Korean roads, and must 256 have a USFK driver’s license to legally drive on USFK installations. Contractor 257 employees/dependents will first obtain a Korean driver’s license or a valid 258 international driver’s license then obtain a USFK driver’s license. 259

(p) Evacuation. 260

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of 261 some or all personnel, the Government will provide assistance, to the 262 extent available, to United States and third country national contractor 263 personnel. 264

(2) Non-combatant Evacuation Operations (NEO). 265

(i) The contractor shall designate a representative to provide 266 contractor personnel and dependents information to the servicing 267 NEO warden as required by direction of the Responsible Officer. 268

(ii) If contract period of performance in the Republic of Korea is 269 greater than six months, non-emergency essential contractor 270 personnel and all IC/TR dependents shall participate in at least one 271 USFK sponsored NEO exercise per year. 272

(q) Next of kin notification and personnel recovery. 273

(1) The Contractor shall be responsible for notification of the employee- 274 designated next of kin in the event an employee dies, requires evacuation 275 due to an injury, or is missing, captured, or abducted. 276

(2) In the case of missing, captured, or abducted contractor personnel, the 277 Government will assist in personnel recovery actions in accordance with 278 DOD Directive 2310.2, Personnel Recovery. 279

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, 280 Evasion, Resistance and Escape (PR/SERE) training in accordance with 281 USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg 350-2 282 Theater Specific Required Training for all Arriving Personnel and Units 283 Assigned to, Rotating to, or in Temporary Duty Status to USFK. 284

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while 285 providing support in the theater of operations to U.S. Armed Forces will be 286 handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and 287 Army Regulation 638-2, Care and Disposition of Remains and Disposition of 288 Personal Effects. 289

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all 290 IC/TR personnel complete all applicable training as outlined in this clause. 291

6.3 United States Forces Korea Wartime Clause 292

The following USFK Wartime Clause applies only when traveling within the jurisdiction 293 of the USFK. When performing overseas for efforts in other jurisdictions, the MDA 294 Wartime Clause applies. 295

IC and TR status shall be governed by the U.S.-ROK SOFA as implemented by USFK 296 Reg 700-19, which can be found under the Publications tab on the USFK homepage: 297 http://www.usfk.mil. 298

(a) Definitions. As used in this clause— 299

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual 300 Defense Treaty between the Republic of Korea and the U.S. of America 301 Regarding Facilities and Areas and the Status of U.S. Armed Forces in 302 the Republic of Korea, as amended 303

“Combatant Commander” means the commander of a unified or specified 304 combatant command established in accordance with 10 U.S.C. 161. In 305 Korea, the Combatant Commander is the Commander, United States 306 Pacific Command. 307

“United States Forces Korea” (USFK) means the subordinate unified 308 command through which US forces would be sent to the Combined Forces 309 Command fighting components. 310

COMUSK means the commander of all U.S. forces present in Korea. In 311 the Republic of Korea, COMUSK also serves as Commander, Combined 312 Forces Command (CDR CFC) and Commander, United Nations 313 Command (CDR UNC). 314

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) 315 means the principal staff office to USFK for all acquisition matters and 316 http://www.usfk.mil/ administrator of the U.S.-ROK SOFA as applied to US and Third Country 317 contractors under the Invited Contractor (IC) and Technical 318 Representative (TR) Program (USFK Reg 700-19). 319

“Responsible Officer” (RO) means A senior DOD employee (such as a 320 military E5 and above or civilian GS-7 and above), appointed by the USFK 321 Sponsoring Agency (SA), who is directly responsible for determining and 322 administering appropriate logistics support for IC/TRs during contract 323 performance in the ROK. 324

“Theater of operations” means an area defined by the combatant 325 commander for the conduct or support of specified operations. 326

“Uniform Code of Military Justice” means 10 U.S.C. Chapter 47 327

(b) General. 328

(1) This clause applies when contractor personnel deploy with or 329 otherwise provide support in the theater of operations (specifically, the 330 Korean Theater of Operations) to U.S. military forces deployed/located 331 outside the United States in— 332

(i) Contingency operations; 333

(ii) Humanitarian or peacekeeping operations; or 334

(iii) Other military operations or exercises designated by the 335 Combatant Commander. 336

(2) Contract performance in support of U.S. military forces may require 337 work in dangerous or austere conditions. The Contractor accepts the risks 338 associated with required contract performance in such operations. The 339 contractor will require all its employees to acknowledge in writing that they 340 understand the danger, stress, physical hardships and field living 341 conditions that are possible if the employee deploys in support of military 342 operations. 343

(3) Contractor personnel are not combatants and shall not undertake any 344 role that would jeopardize their status. Contractor personnel shall not use 345 force or otherwise directly participate in acts likely to cause actual harm to 346 enemy armed forces. 347

(c) Support. 348

(1) Unless the terms and conditions of this contract place the responsibility 349 with another party, the COMUSK will develop a security plan to provide 350 protection, through military means, of Contractor personnel engaged in the 351 theater of operations when sufficient or legitimate civilian authority does 352 not exist. 353

(2) (i) All Contractor personnel engaged in the theater of operations are 354 authorized resuscitative care, stabilization, hospitalization at level III 355 military treatment facilities, and assistance with patient movement in 356 emergencies where loss of life, limb, or eyesight could occur. 357 Hospitalization will be limited to stabilization and short-term medical 358 treatment with an emphasis on return to duty or placement in the patient 359 movement system. 360

(ii) When the Government provides medical treatment or 361 transportation of Contractor personnel to a selected civilian facility, 362 the Contractor shall ensure that the Government is reimbursed for 363 any costs associated with such treatment or transportation. 364

(iii) Medical or dental care beyond this standard is not authorized 365 unless specified elsewhere in this contract. 366

(3) Unless specified elsewhere in this contract, the Contractor is 367 responsible for all other support required for its personnel engaged in the 368 theater of operations under this contract. 369

(d) Compliance with laws and regulations. The Contractor shall comply with, and 370 shall ensure that its personnel supporting U.S Armed Forces in the Republic of 371 Korea as specified in paragraph (b)(1) of this clause are familiar with and comply 372 with, all applicable— 373

(1) United States, host country, and third country national laws; 374

(i) The Military Extraterritorial Jurisdiction Act may apply to 375 contractor personnel if contractor personnel commit crimes outside 376 the United States. 377

(ii) Under the War Crimes Act, United States citizens (including 378 contractor personnel) who commit war crimes may be subject to 379 federal criminal jurisdiction. 380

(iii) When Congress formally declares war, contractor personnel 381 authorized to accompany the force may be subject to the Uniform 382 Code of Military Justice. 383

(2) Treaties and international agreements; 384

(3) United States regulations, directives, instructions, policies, and 385 procedures; and 386

(4) Orders, directives, and instructions issued by the COMUSK relating to 387 force protection, security, health, safety, or relations and interaction with 388 local nationals. Included in this list are force protection advisories, health 389 advisories, area (i.e. “off-limits”), prostitution and human trafficking and 390 curfew restrictions. 391

(e) Pre-deployment/departure requirements. The Contractor shall ensure that the 392 following requirements are met prior to deploying/locating personnel in support of 393 U.S. military forces in the Republic of Korea. Specific requirements for each 394 category may be specified in the statement of work or elsewhere in the contract. 395

(1) All required security and background checks are complete and 396 acceptable. 397

(2) All contractor personnel meet the minimum medical screening 398 requirements and have received all required immunizations as specified in 399 the contract. In the Republic of Korea, all contractor employees subject to 400 this clause shall comply with the same DoD immunization requirements 401 applicable to Emergency Essential DoD civilians -INCLUDING ANTHRAX 402

IMMUNIZATION. The Government will provide, at no cost to the 403 Contractor, any Korean theater-specific immunizations and/or medications 404 not available to the general public. 405

(3) Contractor personnel have all necessary passports, visas, and other 406 documents required to enter and exit a theater of operations and have a 407 Geneva Conventions identification card from the deployment center or 408 CONUS personnel office—if, applicable. 409

(4) Country and theater clearance is obtained for contractor personnel. 410 Clearance requirements are in DOD Directive 4500.54, Official Temporary 411 Duty Abroad, DOD 4500.54-G, DOD Foreign Clearance Guide, and USFK 412 Reg 1-40, United States Forces Korea Travel Clearance Guide. 413 Contractor personnel are considered non-DOD personnel traveling under 414 DOD sponsorship. 415

(f) Processing and departure points. Deployed contractor personnel shall— 416

(1) Under contingency conditions or under other conditions as 417 specified by the Contracting Officer, process through the deployment 418 center designated in the contract, prior to deploying. The deployment 419 center will conduct deployment processing to ensure visibility and 420 accountability of contractor personnel and to ensure that all 421 deployment requirements are met; 422

(2) Use the point of departure and transportation mode directed by the 423 Contracting Officer; and 424

(3) If processing through a deployment center, process through a Joint 425 Reception Center (JRC) upon arrival at the deployed location. The JRC 426 will validate personnel accountability, ensure that specific theater of 427 operations entrance requirements are met, and brief contractor personnel 428 on theater-specific policies and procedures. 429

(g) Personnel data list. 430

(1) The Contractor shall establish and maintain with the designated 431 Government official a current list of all contractor personnel that deploy 432 with or otherwise provide support in the theater of operations to U.S. 433 military forces as specified in paragraph (b)(1) of this clause. The 434 Synchronized Pre-deployment and Operational Tracker (SPOT) is the 435 designated automated system to use for this effort. This accountability 436 requirement is separate and distinct from the personnel accountability 437 requirement listed in the U.S–ROK SOFA’s Invited Contractor/Technical 438 Representative Program (as promulgated in USFK Regulation 700-19). 439

(2) The Contractor shall ensure that all employees on the list have a 440 current DD Form 93, Record of Emergency Data Card, on file with both 441 the Contractor and the designated Government official. 442

(h) Contractor personnel. 443

(1) The Contracting Officer may direct the Contractor, at its own expense, 444 to remove and replace any contractor personnel who jeopardize or 445 interfere with mission accomplishment or who fail to comply with or violate 446 applicable requirements of this clause. Contractors shall replace 447 designated personnel within 72 hours, or at the Contracting Officer’s 448 direction. Such action may be taken at the Government’s discretion 449 without prejudice to its rights under any other provision of this contract, 450 including the Termination for Default clause. 451

(2) The Contractor shall have a plan on file showing how the Contractor 452 would replace employees who are unavailable for deployment or who 453 need to be replaced during deployment. The Contractor shall keep this 454 plan current and shall provide a copy to the Contracting Officer and USFK 455 Sponsoring Agency (see USFK Reg 700-19) upon request. The plan 456 shall— 457

(i) Identify all personnel who are subject to U.S. or Republic of 458 Korea military mobilization; 459

(ii) Identify any exemptions thereto; 460

(iii) Detail how the position would be filled if the individual…