HTC711-19-R-R003_WASP-135_Solicitation_(Final).pdf

CODE

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until 03:00 PM local time 11 Mar 2019

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91 - 94 X H 95 - 96 anthony.j.laudano.civ@mail.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 96

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HTC711 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Scott AFB, IL conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ANTHONY J. LAUDANO 618-2207083

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 12 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 13 - 32 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for 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)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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 COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

33 - 89

PART II - CONTRACT CLAUSES

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYERFAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

08 Feb 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HTC71119RR003

Section A - Solicitation/Contract Form

SOLICITATION/CONTRACT FORM

Your attention is directed to Section L, Instructions, Conditions and Notices to Offerors and Section M, Evaluation Factors for Award. The Government may award a contract without discussions, based solely on initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms.

Section B - Supplies or Services and Prices

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $5,700,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

SERVICES AND PRICES/COSTS

B-1. PRICING:

Pricing Proposal is not required in response to solicitation HTC711-19-R-R003. Requirements will be identified and pricing will be obtained at the Task Order (TO) level. Pricing for unique airlift services such as Air Ambulance, may be established after contract award at the IDIQ level.

B-2. MINIMUM GUARANTEE:

The minimum guarantee will not exceed $2,500 per awardee for each Indefinite Delivery Indefinite Quantity (IDIQ) award.

B-3. MAXIMUM AWARD:

The maximum program ceiling is $5.7 Billion.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Basing Operations

FFP

Monthly Basing Fee to provide aircraft services in accordance with the PWS.

Pricing shall be submitted in response to Requests for Task Order Proposal

(RFTOP).

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

PSC Code: V111

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot Fixed Wing Operations

FFP

Flight Operations for fixed wing aircraft. Pricing shall be submitted in response to Requests for Task Order Proposal (RFTOP), and based on hours, miles, trip, or other operational units of measure as required by the Task Order.

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot Rotary Wing Operations

FFP

Flight Operations for rotary wing aircraft. Pricing shall be submitted in response to Requests for Task Order Proposal (RFTOP), and based on hours, miles, trips, or other operational units of measure as required by the Task Order.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Lot Fuel Reimbursables

COST

All invoices must be accompanied by copies of paid receipts. All indirect costs, such as overhead, G&A, profit, etc., are specifically prohibited.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Lot Reimbursables - Other Than Fuel

COST

These costs must be determined necessary by the Government and approved in advance by the Contracting Officer. All invoices must be accompanied by copies of paid receipts. All indirect costs, such as overhead, G&A, profit, etc., are specifically prohibited.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0006 1 Lot Positioning

FFP

Pricing shall be submitted in response to Requests for Task Order Proposal (RFTOP). The price may include costs for positioning of contracted aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

Contractor will not be paid for positioning costs for alternate aircraft.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Lot Depositioning

FFP

Pricing shall be submitted in response to Requests for Task Order Proposal (RFTOP). The price does not include depositioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

UNIT UNIT PRICE MAX AMOUNT

0008 1 Lot Minimum Guarantee

FFP

The minimum guarantee for this contract is $2,500.

Section C - Descriptions and Specifications

DESCRIPTION/PWS

The Contractor shall perform all mission IAW Attachment 1-Performance Work Statement (PWS) for Worldwide Airlift Services Program – 135. The following attachments will be incorporated into the contract as living documents. Each document will be updated in accordance with PWS Section 1.22.1 and validated by AMC-A3B during contract administration to capture changes to operational capability, aircraft fleet and services offered.

- Attachment 2—Carrier Operations

- Attachment 3— Aircraft Identification Table

- Attachment 4—Catalog of Services Offered

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

a. USTRANSCOM Directorate of Acquisition, Specialized Transportation and Support Division (TCAQ-R), working with Government representatives, will accomplish Government acceptance of services under this contract.

Various records will be used to verify services rendered for all missions.

b. DoD reserves the right to inspect, conduct onsite capability surveys, perform ramp inspections, conduct flight-deck observation flights. Contractor shall facilitate ramp inspections in accordance with AMC Supplement 1 to AFI 21-101, Aircraft and Equipment Maintenance Management.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

F-1. PERIOD OF PERFORMANCE

The ordering period is five years from the award date of initial contracts. Task orders may be awarded prior to midnight of the last day of the ordering period. In addition, the Government may extend the contract six months in accordance with clause 52.217-8 -- Option to Extend Services.

F-2. SCHEDULES

Scheduling for Worldwide Airlift Services Program - 135 services will be IAW the Ordering Procedures.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2019 TO

30-APR-2024

N/A USTRANSCOM-AQ - HTC711

JAMISEN FOX

508 SCOTT DR

SCOTT AFB IL 62225-5357

618-220-6610

HTC711

0002 POP 01-MAY-2019 TO

30-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

G-1. PAYMENT OF LANDING AND PARKING FEES

a. The Contractor shall pay all required airport service fees and charges. Unless identified as a reimbursable item at the TO level, such fees and charges will be included as part of the contract price and will not be reimbursed.

G-2. PAYMENT REQUESTS FOR CONTRACT SERVICES

a. Contractors shall use Procurement Integrated Enterprise Environment (formerly known as Wide Area Work Flow (WAWF)), https://wawf.eb.mil,/for all payments in accordance with DFARS 252.232-7006 Wide Area Workflow Payment Instructions. Additional information is available at https://wawf.eb.mil/xhtml/unauth/help/help.xhtml

b. Final invoices with proper documentation shall be submitted no later than 60 days after the last day of the month in which the mission was launched or cost was incurred.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1. PASSENGER AND PUBLIC LIABILITY INSURANCE

H-1.1. GENERAL. Prior to performance of any services hereunder, the contractor shall, at its own expense, procure and maintain during the entire performance period of this contract, with a financially and legally responsible insurance company (or companies), passenger and public liability insurance. Liability insurance purchased pursuant to the requirements of this paragraph shall cover payment to the Government, pursuant to the subrogation provision of the Medical Care Recovery Act (42 U.S.C. §§265l-2653) and within the liability limitations of this contract, of the cost of Government provided medical care to the extent that said insurance would cover payment to injured individuals of the cost of medical care in the absence of any Government obligation to provide medical care. For damages arising from injuries or death (taking place on board the aircraft or during the course of any aircraft operation, including embarking or disembarking) not exceeding $150,000 for each passenger, the carrier shall not be able to exclude or limit its liability, regardless of the cause of the injuries or death. The contractor shall furnish to the Contracting Officer Evidence of Insurance, duly executed by the Insurer, of the insurance required by this paragraph

H-1.2. Nothing herein shall be deemed to affect the rights and liabilities of the contractor with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage, which resulted in death, wounding, or other bodily injury of a passenger.

H-1.3. Split Limits Liability. The minimum limits of liability insurance coverage maintained by the contractor, as required by 14 Code of Federal Regulations (CFR) 205, shall be as follows:

H-1.3.1. Liability for bodily injury to or death of aircraft passengers: A limit for any one passenger of at least three hundred thousand dollars ($300,000.00), and a limit for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying three hundred thousand dollars ($300,000.00) by the number of passengers to be carried on the aircraft.

H-1.3.2. Liability for bodily injury to or death of persons (excluding passengers): A limit of at least three hundred thousand dollars ($300,000.00) for any one person in any one occurrence, and a limit of at least twenty million dollars ($20,000,000.00) for each occurrence.

H-1.3.3. Liability for loss of or damage to property: A limit of at least twenty million dollars ($20,000,000.00) for each occurrence.

H-1.3.4. The liability coverage shall not be contingent upon the financial condition, solvency, or freedom from bankruptcy of the carrier. The limits of the liability for the amounts required by this part shall apply separately to each occurrence. Any payment made under the policy or plan because of any one occurrence shall not reduce the coverage for payment of other damages resulting from any other occurrence.

H-1.4. Combined Single Limit Liability:

H-1.4.1. Notwithstanding the provisions of paragraph H-1.3 above, the Contractor may be insured for a single limit of liability for each occurrence. In that event, coverage shall be equal to or greater than the combined required minimums set forth in paragraph H-1.3, above, for bodily injury, property damage, and/or passenger liability for the type of use to which such aircraft is put, as the case may be.

H-1.4.2. In the case of a single limit of liability, aircraft may be insured by a combination of primary and excess policies. Such policies shall have combined coverage equal to or greater than the required minimums set forth in paragraph H-1c, above, for bodily injury to non-passengers, property damage, and/or passenger liability for the type of use to which the aircraft is put, as the case may be.

H-1.5. In the event commercial insurance coverage is not available on reasonable term, to cover all or a portion of the Contractor’s obligations under this paragraph H-1, it is the Contractor’s responsibility to notify the Contracting Officer and request that insurance coverage be provided by the Federal Aviation Administration pursuant to chapter 443 of title 49, U.S. Code. This includes, for example, situations in which commercial insurance coverage may not be available where the injury, death, or other loss may be attributable to war or other hostile acts.

H-2. EVIDENCE OF INSURANCE – PASSENGER AND PUBLIC LIABILITY

H-2.1. Prior to performance of any services hereunder, the Contractor shall provide Evidence of Insurance which is duly executed by the Insurer of the requirements outlined in H-1.3. and substantially conforms to the form set forth below. The Contractor shall maintain, and upon renewal submit evidence of, the appropriate level of insurance coverage at all times.

______________________________________________________ (Hereinafter called the Insurer) Name of Insurer of ____________________________________________________________________________________ Address of Insurer has issued to _________________________________________________________________________

Name of Insured Policy ____________________________________________, bearing policy number

___________, with respect to the legal liability of the said Insured for aircraft passenger death or bodily injury, aircraft public death or bodily injury (excluding passengers) and aircraft property damage liabilities, effective from

____________ through ____________.

(Signature of Insurer) (Current Date)

H-2.2. The minimum limits of liability insurance coverage maintained by the Insured under the said policy are as follows*:

H-2.2.1. Liability for bodily injury to or death of aircraft passengers: A limit for any one passenger of at least three hundred thousand dollars ($300,000.00), and a limit for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying three hundred thousand dollars ($300,000.00) by the maximum seating capacity of the aircraft as required by the contract PWS.

H-2.2.2. Liability for bodily injury to or death of persons (excluding passengers): A limit of at least three hundred thousand dollars ($300,000.00) for any one person in any one occurrence, and a limit of at least twenty million dollars ($20,000,000.00) for each occurrence.

H-2.2.3. Liability for loss of or damage to property: A limit of at least twenty million dollars ($20,000,000.00) for each occurrence.

H-2.2.4. The Insurer further agrees that the insurance afforded under this policy covers payment to the Government, pursuant to the subrogation provision of the Medical Care Recovery Act (42 USC 265l-3), of the cost of Government provided medical care to the extent that said insurance would cover payment to injured individuals of the cost of medical care in the absence of any Government obligation to provide medical care.

The terms and conditions of the policy apply throughout the world. The following aircraft are covered by the policy identified above: __________________________________________________

(List aircraft individually or “All aircraft owned and operated by the Insured”)

H-2.3. The policy contains the attached endorsement.

By ________________________________________ (Company (City, State) (Signature) (Date)

*In the case of a combined single limit of liability, the Insurer will be required to describe the amount or amounts of insurance coverage.

H-3 RESERVED.

H-4. CONTRACTOR REQUIRED INSURANCE

H-4.1. The Contractor shall also procure, maintain and provide evidence of the following minimum insurance coverage in addition to the insurance required by paragraph H-1 for the duration of the contract.

TYPE AMOUNT

Automobile

Bodily Injury Liability $200,000 per person $500,000 per occurrence

Property Damage Liability $20,000 per occurrence

Comprehensive General Liability

Bodily Injury Liability $300,000 per occurrence

Workmen's Compensation and Employers Liability

Workman's Comp & Occupational Disease Statutory

Employer's Liability $100,000

H-4.2. Contractor shall comply with the requirements of contract clause FAR 52.228-5 "Insurance - Work on a Government Installation" concerning notice to the Contracting Officer.

H-5. CHAPTER 443 NON-PREMIUM WAR RISK HULL AND LIABILITY INSURANCE

H-5.1. Non-premium war risk insurance issued by the FAA will be requested by USTRANSCOM on behalf of the Contractor when:

H-5.1.1. The contractor represents, in writing to the Contracting Officer, that commercial insurance is not available to cover a risk (including war risks) at a reasonable price, and that it therefore requests the FAA issue non-premium insurance coverage under chapter 443 of title 49, U.S. Code;

H-5.1.2. The Contracting Officer requests the FAA issue non-premium insurance coverage; and, H-5.1.3. The FAA approves Contracting Officer’s request for such coverage.

H-5.2. If chapter 443 insurance coverage is required, the Contractor will request it prior to commencement of the contracted operations, with sufficient time to allow the FAA to process the request and issue coverage. Except in an emergency, requests should be submitted at least 30 calendar days in advance of the commencement of the operations which coverage is sought.

H-5.3. The Contractor must provide the FAA with a list of aircraft that will fly under this contract, pay an administrative fee as determined by the FAA, and provide the FAA with a complete copy of the Contractor’s current Hull and Liability commercial insurance policies. FAA insurance covers only those aircraft that are listed on the FAA's Schedule of Aircraft and the Contractor shall promptly notify the FAA of any tail number additions, removals, and/or changes in the aircraft under contract.

H-5.4. The contractor will not be reimbursed for any fees paid to obtain 443 non-premium insurance through the

FAA.

H-5.5. The FAA non-premium insurance is an agreement solely between the FAA and the Contractor. It is the contractor’s responsibility to ensure aircraft are covered under the FAA non-premium war risk insurance. Failure to pay the required administrative fee or follow all FAA guidelines shall result in the contractor’s aircraft not being covered by the FAA non-premium insurance policy, and result in the contractor failing to maintain the required insurance coverage in this contract.

H-6. RESPONSIBILITY FOR GOVERNMENT CARGO

H-6.1. Property (hereinafter referenced in this paragraph as Government cargo) placed in Contractor's possession for the sole purpose of air transportation shall not be deemed to be Government Property within the meaning of the Government Property Clause. Government cargo, within the meaning of this paragraph, does not include passenger baggage.

H-6.2. Liability for Lost or Damaged Cargo

H-6.2.1. Lost or Damaged Cargo. The contractor is required to deliver cargo to final destination in the same condition it was tendered by the shipper. The contractor is liable for cargo that is lost, damaged, or in any way altered from the tendered condition. For all transport, the contractor is liable for lost or damaged cargo up to $50,000, or the actual amount of the loss or damage to the cargo, whichever is less. Should a shipper desire to declare the value of its booked cargo in an amount greater than $50,000, the shipper will notify the contractor of "increased value" which obligates the contractor to be liable for damage and loss up to the amount stated in the TO, or the actual value of the lost cargo, whichever is less.

H-6.2.2. A "shipment" covers all cargo shipped under a single flight and the contractor is liable to the shipper for lost or damaged cargo up to the amount declared in the booking, or the actual value of the lost cargo, whichever is less.

H-6.2.3. Pursuant to the Contract Disputes Act, the Government has 6 years from discovery of loss or damaged cargo, to file a claim with the contractor. However, the Government will take all reasonable steps to provide notice of loss as soon as it is discovered.

H-6.3. To the extent insurance required by paragraph H-1.3.3 or the appropriate portion of paragraph H-1.3 (if Combined Single Limit Liability is used), is not required for payment of third parties, the Contractor is required to use the balance of said insurance to reimburse the Government for cargo loss, damage, or destruction thereto.

H-7. EXEMPTION FROM THE AIR PASSENGER DUTY IN THE UNITED KINGDOM

H-7.1. The Contractor shall request relief from Her Majesty's Air Passenger Duty for all passenger travel performed within the United Kingdom under the terms of this contract and resulting task orders. Said request shall be forwarded to Head Office Control Team, HM Customs and Excise, Cambridge Excise, Lockton Hours, Clarendon Road, Cambridge, CB2 2BH, and shall include reference to the following:

H-7.1.1. This relief is in accordance with arrangements and agreements between the appropriate U.S. Government authority and HM customs and Excise (reference RDM 513/539/01). All U.S. Government personnel traveling under the authority of this contract are traveling for official purposes and the travel is reimbursed from official funds of the U.S. Government.

H-7.1.2. Failure to apply for said relief shall not be basis for a claim for equitable adjustment.

REGIONAL and STATUS of FORCES AGREEMENT (SOFA) GUIDANCE

H-8 INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. -

REPUBLIC OF KOREA (ROK)

H-8.1. Invited Contractor (IC) or Technical Representative (TR) status shall be governed by the U.S. – ROK 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

H-8.1.2. Definitions. As used in this clause---

H-8.1.2.1. “U.S. – ROK Status of Forces Agreement (SOFA),” means the Mutual Defense Treaty between the Republic of Korea and The United States of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended.

H-8.1.2.2. “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.

H-8.1.2.3. “United States Forces Korea (USFK),” means the subordinated unified command through which U.S.

forces would be sent to the Combined Forces Command fighting components.

H-8.1.2.4. “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).

H-8.1.2.5. “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 U.S. and Third Country Contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700- 19).

H-8.1.2.6. “Responsible Officer (RO),” means a senior DoD employee (such as 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.

H-8.1.3. IC or TR status under SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.

H-8.1.4. The CO 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 CO of that determination.

H-8.1.5. 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.

H-8.1.6. 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.

H-8.1.7. 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.

H-8.1.8. 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-8.1.9. 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.

H-8.1.10. 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.

H-8.1.11. All Contractors performing work requiring access to classified information 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.

H-8.1.12. Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

H-8.1.12.1. Completion or termination of the contract.

H-8.1.12.2. Determination that the Contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

H-8.1.12.3. Determination that the Contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

H-8.1.13. 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.

H-8.1.14. Support.

H-8.1.14.1. 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.

H-8.1.14.1.1. 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.

H-8.1.14.1.2. 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.

H-8.1.14.1.3. Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

H-8.1.14.1.4. 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.

H-8.1.15. 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 --

H-8.1.15.1. United States, host country, and third country national laws;

H-8.1.15.2. Treaties and international agreements;

H-8.1.15.3. United States regulations, directives, instructions, policies, and procedures; and

H-8.1.15.4. 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.

H-8.1.16 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 valid international driver’s license then obtain a USFK driver’s license.

H-8.1.17. Evacuation.

H-8.1.17.1. 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.

H-8.1.17.2. Non-combatant Evacuation Operations (NEO).

H-8.1.17.2.1. 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.

H-8.1.17.2.2. If contract period of performance in the Republic of Korea is greater than six (6) months, non-emergency essential Contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

H-8.1.18. Next of kin notification and personnel recovery.

H-8.1.18.1. 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.

H-8.1.18.2. 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.

H-8.1.18.3. 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.

H-8.1.19. 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.

H-8.1.20. USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlines in this clause.

(End of Clause)

H-8.2. CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY IN THE

REPUBLIC OF KOREA (ROK)

H-8.2.1. 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 ―publicationsǁ tab on the US Forces Korea homepage http://www.usfk.mil

H-8.2.2. Definitions. As used in this clause -

H-8.2.2.1. “U.S. – ROK Status of Forces Agreementǁ (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

H-8.2.2.1. Combatant Commanderǁ 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.

H-8.2.2.2. United States Forces Koreaǁ (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).

H-8.2.2.3. USFK, Assistant Chief of Staff, Acquisition Managementǁ (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).

H-8.2.2.4. Responsible Officerǁ (RO) means A senior DOD employee (such as a military E-5 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.

H-8.2.2.5. Theater of operations- means an area defined by the combatant commander for the conduct or support of specified operations.

H-8.2.2.6. Uniform Code of Military Justiceǁ means 10 U.S.C. Chapter 47

H-8.2.3. General.

H-8.2.3.1. 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—

H-8.2.3.1.1. Contingency operations;

H-8.2.3.1.2. Humanitarian or peacekeeping operations; or

H-8.2.3.1.3. Other military operations or exercises designated by the Combatant Commander.

H-8.2.3.2. 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.

H-8.2.3.3. 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.

H-8.2.4. Support.

H-8.2.4.1. 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.

H-8.2.4.2.

H-8.2.4.2.1. 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.

H-8.2.4.2.2. 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.

H-8.2.4.2.3. Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

H-8.2.4.3. 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.

H-8.2.5. 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—

H-8.2.5.1. United States, host country, and third country national laws;

H-8.2.5.1.1. The Military Extraterritorial Jurisdiction Act may apply to contractor personnel if contractor personnel commit crimes outside the United States.

H-8.2.5.1.2. Under the War Crimes Act, United States citizens (including contractor personnel) who commit war crimes may be subject to federal criminal jurisdiction.

H-8.2.5.1.3. When Congress formally declares war, contractor personnel authorized to accompany the force may be subject to the Uniform Code of Military Justice.

H-8.2.5.2. Treaties and international agreements;

H-8.2.5.3. United States regulations, directives, instructions, policies, and procedures; and

H-8.2.5.4. 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-limitsǁ), prostitution and human trafficking and curfew restrictions.

H-8.2.6. 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.

H-8.2.6.1. All required security and background checks are complete and acceptable.

H-8.2.6.2. All contractor personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. 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.

H-8.2.6.3. 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.

H-8.2.6.4. 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.

H-8.2.7. Processing and departure points. Deployed contractor personnel shall—

H-8.2.7.1. Under contingency conditions or under other conditions as specified by the Contracting Officer, process through the deployment center designated in the contract, 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;

H-8.2.7.2. Use the point of departure and transportation mode directed by the Contracting Officer; and

H-8.2.7.3. 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.

H-8.2.8. Personnel data list.

H-8.2.8.1. 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).

H-8.2.8.2. 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-8.2.9. Contractor personnel.

H-8.2.9. 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.

H-8.2.9. 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—

H-8.2.9.1. Identify all personnel who are subject to U.S. or Republic of Korea military mobilization;

H-8.2.9.2. Identify any exemptions thereto;

H-8.2.9.3. Detail how the position would be filled if the individual were mobilized; and

H-8.2.9.4. Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential.

H-8.2.10. Military clothing and protective equipment.

H-8.2.10.1. 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.

H-8.2.10.2. 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.

H-8.2.10.3. 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.

H-8.2.10.4. The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer.

H-8.2.11. Weapons.

H-8.2.11.1. 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.

H-8.2.11.2. The Contractor shall ensure that its personnel who are authorized to carry weapons—

H-8.2.11.2.1. Are adequately trained;

H-8.2.11.2.2. Are not barred from possession of a firearm by 18 U.S.C. 922; and

H-8.2.11.2.3. Adhere to all guidance and orders issued by the COMUSK regarding possession, use, safety, and accountability of weapons and ammunition.

H-8.2.11.2.4. The use of deadly force by persons subject to this clause shall be made only in self-defense, except:

H-8.2.11.2.5. 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).

H-8.2.11.2.6. Liability for the use of any weapon by persons subject to this clause is solely the responsibility of the individual person and the contractor.

H-8.2.11.3. 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.

H-8.2.12. Evacuation.

H-8.2.12.1. 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.

H-8.2.13. 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.

H-8.2.14. USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

H-8.2.15.