Korea_SOFA.pdf

USACE-POC (KOREA) SPECIAL REQUIREMENTS

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVESIVE STATUS

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

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the

U.S.ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea

(USFK) Reg 700-19, which can be found under the - publications tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause-

U.S. - ROK Status of Forces Agreement (SOFA) means the Mutual Defense Treaty between the

Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of

U.S. Armed Forces in the Republic of Korea, as amended

Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the

Commander, United States Pacific Command.

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

Commander, United States Forces Korea (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined

Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC) .

USFK, Assistant Chief of Staff, Acquisition Management! (USFKIFKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical

Representative (TR) Program (USFK Reg 700-19).

Responsible Officer (RO) means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics suppo1t for IC/TRs during contract performance in the ROK.

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

(c) The contracting officer will coordinate with HQ USFKIFKAQ, IA W FAR 25.8, and USFK

Reg 700- 19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

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

Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that perfo1mance is

IA W the SOFA.

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

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article

XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the 1rulita1y authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK

Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics suppo1t and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

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

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces

Intonation Security Section for the geographical area where the contract is to be perfo1med to receive information concerning local security requirements.

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

(1) Completion or termination of the contract.

(2) Dete1mination that the contractor or its employees are engaged in business activities in the

ROK other than those pertaining to U.S. armed forces.

(3) Dete1mination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representatives 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 perfo1mance of this contract. Fwthe1more, it is agreed that withdrawal of SOFA status for reasons outlined in USFK

Reg 700-19, Chapter 2-6 shall not serve as a basis for the contractor filing any claims against the

U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

( 1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of

Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur.

Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on rectum to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of

Contractor personnel to a selected civilian facility, the Contractor shall ensure that the

Government is reimbursed for any costs associated with such treatment or transpo1tation.

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

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other suppo1t required for its personnel engaged in the theater of operations under this contract.

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

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

(2) Treaties and international agreements;

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

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

( o) Vehicle or equipment licenses. IA W USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessa1y to perform the contract in the theater of operations. All contractor employees/dependents must have either a

Korean driver's license or a valid international driver's license to legally drive on Korean roads

(p) Evacuation.

(1) If the CO MUSK orders a non-mandatory or mandato1y evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

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

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

(ii) If contract period of performance in the Republic of Korea is greater than six months, non-emergency essential contractor personnel and all IC/TR dependents shall pa1ticipate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recove1y.

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

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recove1y actions in accordance with DOD Directive 2310.2, Personnel Recove1y.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and

Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recove1y

Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Tempora1y Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing suppo1t in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD

Directive 1300.22, Mortua1y Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

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

SOFA WARTIME CLAUSE

CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY

IN THE REPUBLIC OF KOREA (ROK)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-

ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea

(USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of

U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the

Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which

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

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

Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical

Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer” (RO) means A senior DOD employee (such as a military 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.

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

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

(b) General.

(1) This clause applies when contractor personnel deploy with or otherwise provide support in the theater of operations (specifically, the Korean Theater of Operations) to

U.S. military forces deployed/located outside the United States in—

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT

In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning shall control.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL, EM 385-1-1 (30 Nov 2014)

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-

1.pdf

The contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation. (Updated, 30 Nov 2014)

MILITARY BASE PERMITS

(This clause is applicable when performance will be required on a military installation.) It shall be the sole responsibility of the Contractor to obtain required passes/decals from each Security

Office/Provost Marshal's Office for the duration of this contract. The Contractor shall submit a tabulation of the equipment and vehicles to be used covering such items as

(1) make,

(2) model name,

(3) year,

(4) body style,

(5) color,

(6) License number,

(7) vehicle identification number,

(8) registration proof and safety check,

(9) insurance company, and

(10) amount of insurance coverage.

The Contractor shall submit a list of all personnel that will be mobilized for this contract including name, social security number, and date of birth, citizenship, and title in the company.

The above data shall be submitted to the Contracting Officer no later than three (3) calendar days after the date of receipt by him of notice of award. The Contractor will forward all of the above data to proper authorities (Security/Provost Marshal's Office).

If this is an indefinite quantity type contract, contractors shall submit required data within three

(3) calendar days after award of each delivery order where performance is required on a military installation.

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

WORK DAYS, HOLIDAYS, AND WORK HOURS FOR THE U.S. AND THE REPUBLIC

OF KOREA (ROK)

(a) U.S. Government legal holidays are:

(1) 1 January (New Year's Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President's Day)

(4) Last Monday, May (Memorial Day)

(5) 4 July (Independence Day)

(6) 1st Monday, September (Labor Day)

(7) 2nd Monday, October (Columbus Day)

(8) 11 November (Veterans' Day)

(9) 4th Thursday, November (Thanksgiving Day)

(10) 25 December (Christmas Day)

(b) ROK legal holidays are:

(1) 1 and 2 January (New Year)

(2) Lunar New Year (31 December, 1 and 2 January on the Lunar Calendar)

(3) 1 March (Independence Movement Day)

(4) 1 May (Labor Day)

(5) 5 May (Children's Day)

(6) Buddha's Birthday (8 April on the Lunar calendar)

(7) 6 June (Memorial Day)

(8) 17 July (Constitution Day)

(9) 15 August (Liberation Day)

(10) Chu-Suk (14, l5 and 16 August on the Lunar Calendar)

(11) 3 October (National Foundation Day)

(12) 25 December (Christmas Day)

(c) FOR AIR FORCE PROJECTS ONLY work hours shall be from 08:00 hours through 17:00 hours, Monday through Friday.

(d) FOR ARMY PROJECTS ONLY work hours shall be from 08:00 hours through 17:00 hours, Monday through Friday.

(e) In addition to the holidays listed in 5152.222-4007 for Air Force and other projects, contra tor performance shall not be required on any other day designated by ROK executive order as a

ROK legal holiday.

(f) In addition to the holidays listed in 5152.222-4007 for Army and other projects, contra tor performance shall not be required on any other day designated by ROK executive order as a ROK legal holiday.

(g) No proposed or directed change in working hours shall be effective until approved in writing by the Contracting Officer.

KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with

Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of non-responsibility. Such violation of

Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.