22R4064 A0001 SOFA KOREA.pdf

04 MARCH 2022

THIS IS THE MILITARY SEALIFT COMMAND NORFOLK, STRATEGIC SEALIFT

PROGRAM SUPPORT OFFICE, N103A

TO: ALL POTENTIAL OFFERORS

SUBJECT: RFP N3220522R4064; AMENDMENT 0001

REF: (A) MSC RFP N3220522R4064, DATED 03 MARCH 2022

1. REF (A) IS A HEREBY AMENDED AS FOLLOWS:

ADD THE FOLLOWING TO TANKVOY BOX 7 (TERMS / CONDITIONS /

ATTACHMENTS ADDED, DELETED OR MODIFIED):

SPECIAL REQUIREMENTS:

A. INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

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

INVITED CONTRACTOR (IC) AND TECHNICAL REPRESENTATIVE (TR) STATUS

SHALL BE GOVERNED BY THE U.S.- ROK STATUS OF FORCES AGREEMENT (SOFA)

AS IMPLEMENTED BY UNITED STATES FORCES KOREA (USFK) REG 700-19, WHICH

CAN BE FOUND UNDER THE “PUBLICATIONS” TAB ON THE US FORCES KOREA

HOMEPAGE HTTP://WWW.USFK.MIL

(A) DEFINITIONS. AS USED IN THIS CLAUSE—

“U.S. – ROK STATUS OF FORCES AGREEMENT” (SOFA) MEANS THE MUTUAL

DEFENSE TREATY BETWEEN THE REPUBLIC OF KOREA AND THE U.S. OF

AMERICA, REGARDING FACILITIES AND AREAS AND THE STATUS OF U.S.

ARMED FORCES IN THE REPUBLIC OF KOREA, AS AMENDED.

“COMBATANT COMMANDER” MEANS THE COMMANDER OF A UNIFIED OR

SPECIFIED COMBATANT COMMAND ESTABLISHED IN ACCORDANCE WITH 10

U.S.C. 161. IN KOREA, THE COMBATANT COMMANDER IS THE COMMANDER,

UNITED STATES PACIFIC COMMAND.

“UNITED STATES FORCES KOREA” (USFK) MEANS THE SUBORDINATE UNIFIED

COMMAND THROUGH WHICH US FORCES WOULD BE SENT TO THE COMBINED

FORCES COMMAND FIGHTING COMPONENTS.

“COMMANDER, UNITED STATES FORCES KOREA” (COMUSK) MEANS THE

COMMANDER OF ALL U.S. FORCES PRESENT IN KOREA. IN THE REPUBLIC OF

KOREA, COMUSK ALSO SERVES AS COMMANDER, COMBINED FORCES

http://www.usfk.mil/

COMMAND (CDR CFC) AND COMMANDER, UNITED NATIONS COMMAND (CDR

UNC).

“USFK, ASSISTANT CHIEF OF STAFF, ACQUISITION MANAGEMENT”

(USFK/FKAQ) MEANS THE PRINCIPAL STAFF OFFICE TO USFK FOR ALL

ACQUISITION MATTERS AND ADMINISTRATOR OF THE U.S.-ROK SOFA AS

APPLIED TO US AND THIRD COUNTRY CONTRACTORS UNDER THE INVITED

CONTRACTOR (IC) AND TECHNICAL REPRESENTATIVE (TR) PROGRAM (USFK

REG 700-19).

“RESPONSIBLE OFFICER (RO)” MEANS A SENIOR DOD EMPLOYEE (SUCH AS A

MILITARY E5 AND ABOVE OR CIVILIAN GS-7 AND ABOVE), APPOINTED BY THE

USFK SPONSORING AGENCY (SA), WHO IS DIRECTLY RESPONSIBLE FOR

DETERMINING AND ADMINISTERING APPROPRIATE LOGISTICS SUPPORT FOR

IC/TRS DURING CONTRACT PERFORMANCE IN THE ROK.

(B) IC OR TR STATUS UNDER THE SOFA IS SUBJECT TO THE WRITTEN APPROVAL

OF USFK, ASSISTANT CHIEF OF STAFF, ACQUISITION MANAGEMENT (FKAQ), UNIT

#15237, APO AP 96205-5237.

(C) THE CONTRACTING OFFICER WILL COORDINATE WITH HQ USFK/FKAQ, IAW

FAR 25.8, AND USFK REG 700-19. FKAQ WILL DETERMINE THE APPROPRIATE

CONTRACTOR STATUS UNDER THE SOFA AND NOTIFY THE CONTRACTING

OFFICER OF THAT DETERMINATION.

(D) SUBJECT TO THE ABOVE DETERMINATION, THE CONTRACTOR, INCLUDING

ITS EMPLOYEES AND LAWFUL DEPENDENTS, MAY BE ACCORDED SUCH

PRIVILEGES AND EXEMPTIONS UNDER CONDITIONS AND LIMITATIONS AS

SPECIFIED IN THE SOFA AND USFK REG 700-19. THESE PRIVILEGES AND

EXEMPTIONS MAY BE FURNISHED DURING THE PERFORMANCE PERIOD OF THE

CONTRACT, SUBJECT TO THEIR AVAILABILITY AND CONTINUED SOFA STATUS.

LOGISTICS SUPPORT PRIVILEGES ARE PROVIDED ON AN AS-AVAILABLE BASIS TO

PROPERLY AUTHORIZED INDIVIDUALS. SOME LOGISTICS SUPPORT MAY BE

ISSUED AS GOVERNMENT FURNISHED PROPERTY OR TRANSFERRED ON A

REIMBURSABLE BASIS.

(E) THE CONTRACTOR WARRANTS AND SHALL ENSURE THAT COLLECTIVELY,

AND INDIVIDUALLY, ITS OFFICIALS AND EMPLOYEES PERFORMING UNDER THIS

CONTRACT WILL NOT PERFORM ANY CONTRACT, SERVICE, OR OTHER BUSINESS

ACTIVITY IN THE ROK, EXCEPT UNDER U.S. GOVERNMENT CONTRACTS AND

THAT PERFORMANCE IS IAW THE SOFA.

(F) THE CONTRACTOR’S DIRECT EMPLOYMENT OF ANY KOREAN-NATIONAL

LABOR FOR PERFORMANCE OF THIS CONTRACT SHALL BE GOVERNED BY ROK

LABOR LAW AND USFK REGULATION(S) PERTAINING TO THE DIRECT

EMPLOYMENT AND PERSONNEL ADMINISTRATION OF KOREAN NATIONAL

PERSONNEL.

(G) THE AUTHORITIES OF THE ROK HAVE THE RIGHT TO EXERCISE JURISDICTION

OVER INVITED CONTRACTORS AND TECHNICAL REPRESENTATIVES, INCLUDING

CONTRACTOR OFFICIALS, EMPLOYEES AND THEIR DEPENDENTS, FOR OFFENSES

COMMITTED IN THE ROK AND PUNISHABLE BY THE LAWS OF THE ROK. IN

RECOGNITION OF THE ROLE OF SUCH PERSONS IN THE DEFENSE OF THE ROK,

THEY WILL BE SUBJECT TO THE PROVISIONS OF ARTICLE XXII, SOFA, RELATED

AGREED MINUTES AND UNDERSTANDINGS. IN THOSE CASES IN WHICH THE

AUTHORITIES OF THE ROK DECIDE NOT TO EXERCISE JURISDICTION, THEY

SHALL NOTIFY THE U.S. MILITARY AUTHORITIES AS SOON AS POSSIBLE. UPON

SUCH NOTIFICATION, THE MILITARY AUTHORITIES WILL HAVE THE RIGHT TO

EXERCISE JURISDICTION AS IS CONFERRED BY THE LAWS OF THE U.S.

(H) INVITED CONTRACTORS AND TECHNICAL REPRESENTATIVES AGREE TO

COOPERATE FULLY WITH THE USFK SPONSORING AGENCY (SA) AND

RESPONSIBLE OFFICER (RO) ON ALL MATTERS PERTAINING TO LOGISTICS

SUPPORT AND THEATER TRAINING REQUIREMENTS. CONTRACTORS WILL

PROVIDE THE ASSIGNED SA PROMPT AND ACCURATE REPORTS OF CHANGES IN

EMPLOYEE STATUS AS REQUIRED BY USFK REG 700-19.

(I) THEATER SPECIFIC TRAINING. TRAINING REQUIREMENTS FOR IC/TR

PERSONNEL SHALL BE CONDUCTED IN ACCORDANCE WITH USFK REG 350-2

THEATER SPECIFIC REQUIRED TRAINING FOR ALL ARRIVING PERSONNEL AND

UNITS ASSIGNED TO, ROTATING TO, OR IN TEMPORARY DUTY STATUS TO USFK.

IC/TR PERSONNEL SHALL COMPLY WITH REQUIREMENTS OF USFK REG 350-2.

(J) EXCEPT FOR CONTRACTOR AIR CREWS FLYING AIR MOBILITY COMMAND

MISSIONS, ALL U.S. CONTRACTORS PERFORMING WORK ON USAF CLASSIFIED

CONTRACTS WILL REPORT TO THE NEAREST SECURITY FORCES INFORMATION

SECURITY SECTION FOR THE GEOGRAPHICAL AREA WHERE THE CONTRACT IS

TO BE PERFORMED TO RECEIVE INFORMATION CONCERNING LOCAL SECURITY

REQUIREMENTS.

(K) INVITED CONTRACTOR AND TECHNICAL REPRESENTATIVE STATUS MAY BE

WITHDRAWN BY USFK/FKAQ UPON:

(1) COMPLETION OR TERMINATION OF THE CONTRACT.

(2) DETERMINATION THAT THE CONTRACTOR OR ITS EMPLOYEES ARE

ENGAGED IN BUSINESS ACTIVITIES IN THE ROK OTHER THAN THOSE

PERTAINING TO U.S. ARMED FORCES.

(3) DETERMINATION THAT THE CONTRACTOR OR ITS EMPLOYEES ARE

ENGAGED IN PRACTICES IN CONTRAVENTION TO KOREAN LAW OR USFK

REGULATIONS.

(L) IT IS AGREED THAT THE WITHDRAWAL OF INVITED CONTRACTOR OR

TECHNICAL REPRESENTATIVE STATUS, OR THE WITHDRAWAL OF, OR FAILURE

TO PROVIDE ANY OF THE PRIVILEGES ASSOCIATED THEREWITH BY THE U.S. AND

USFK, SHALL NOT CONSTITUTE GROUNDS FOR EXCUSABLE DELAY BY THE

CONTRACTOR IN THE PERFORMANCE OF THE CONTRACT AND WILL NOT JUSTIFY

OR EXCUSE THE CONTRACTOR DEFAULTING IN THE PERFORMANCE OF THIS

CONTRACT. FURTHERMORE, IT IS AGREED THAT WITHDRAWAL OF SOFA STATUS

FOR REASONS OUTLINED IN USFK REG 700-19, 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 RETURN TO DUTY OR PLACEMENT IN THE PATIENT

MOVEMENT SYSTEM.

(II) WHEN THE GOVERNMENT PROVIDES MEDICAL OR EMERGENCY

DENTAL TREATMENT OR TRANSPORTATION OF CONTRACTOR PERSONNEL

TO A SELECTED CIVILIAN FACILITY, THE CONTRACTOR SHALL ENSURE

THAT THE GOVERNMENT IS REIMBURSED FOR ANY COSTS ASSOCIATED

WITH SUCH TREATMENT OR TRANSPORTATION.

(III) MEDICAL OR DENTAL CARE BEYOND THIS STANDARD IS NOT

AUTHORIZED UNLESS SPECIFIED ELSEWHERE IN THIS CONTRACT.

(3) UNLESS SPECIFIED ELSEWHERE IN THIS CONTRACT, THE CONTRACTOR IS

RESPONSIBLE FOR ALL OTHER SUPPORT REQUIRED FOR ITS PERSONNEL

ENGAGED IN THE THEATER OF OPERATIONS UNDER THIS 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 COUNTRY, AND THIRD COUNTRY NATIONAL LAWS;

(2) TREATIES AND INTERNATIONAL AGREEMENTS;

(3) UNITED STATES REGULATIONS, DIRECTIVES, INSTRUCTIONS, POLICIES,

AND PROCEDURES; AND

(4) ORDERS, DIRECTIVES, AND INSTRUCTIONS ISSUED BY THE COMUSK

RELATING TO FORCE PROTECTION, SECURITY, HEALTH, SAFETY, OR

RELATIONS AND INTERACTION WITH LOCAL NATIONALS. INCLUDED IN THIS

LIST ARE FORCE PROTECTION ADVISORIES, HEALTH ADVISORIES, AREA (I.E.

―OFF-LIMITS‖), PROSTITUTION AND HUMAN TRAFFICKING AND CURFEW

RESTRICTIONS.

(O) VEHICLE OR EQUIPMENT LICENSES. IAW USFK REGULATION 190-1,

CONTRACTOR PERSONNEL SHALL POSSESS THE REQUIRED LICENSES TO

OPERATE ALL VEHICLES OR EQUIPMENT NECESSARY TO PERFORM THE

CONTRACT IN THE THEATER OF OPERATIONS. ALL CONTRACTOR

EMPLOYEES/DEPENDENTS MUST HAVE EITHER A KOREAN DRIVER’S LICENSE OR

A VALID INTERNATIONAL DRIVER’S LICENSE TO LEGALLY DRIVE ON KOREAN

ROADS

(P) EVACUATION.

(1) IF THE COMUSK ORDERS A NON-MANDATORY OR MANDATORY

EVACUATION OF SOME OR ALL PERSONNEL, THE GOVERNMENT WILL

PROVIDE ASSISTANCE, TO THE EXTENT AVAILABLE, TO UNITED STATES AND

THIRD COUNTRY NATIONAL CONTRACTOR PERSONNEL.

(2) NON-COMBATANT EVACUATION OPERATIONS (NEO).

(I) THE CONTRACTOR SHALL DESIGNATE A REPRESENTATIVE TO PROVIDE

CONTRACTOR PERSONNEL AND DEPENDENTS INFORMATION TO THE

SERVICING NEO WARDEN AS REQUIRED BY DIRECTION OF THE

RESPONSIBLE OFFICER.

(II) IF CONTRACT PERIOD OF PERFORMANCE IN THE REPUBLIC OF KOREA

IS GREATER THAN SIX MONTHS, NON EMERGENCY ESSENTIAL

CONTRACTOR PERSONNEL AND ALL IC/TR DEPENDENTS SHALL

PARTICIPATE IN AT LEAST ONE USFK SPONSORED NEO EXERCISE PER

YEAR.

(Q) NEXT OF KIN NOTIFICATION AND PERSONNEL RECOVERY.

(1) THE CONTRACTOR SHALL BE RESPONSIBLE FOR NOTIFICATION OF THE

EMPLOYEE-DESIGNATED NEXT OF KIN IN THE EVENT AN EMPLOYEE DIES,

REQUIRES EVACUATION DUE TO AN INJURY, OR IS MISSING, CAPTURED, OR

ABDUCTED.

(2) IN THE CASE OF MISSING, CAPTURED, OR ABDUCTED CONTRACTOR

PERSONNEL, THE GOVERNMENT WILL ASSIST IN PERSONNEL RECOVERY

ACTIONS IN ACCORDANCE WITH DOD DIRECTIVE 2310.2, PERSONNEL

RECOVERY.

(3) IC/TR PERSONNEL SHALL ACCOMPLISH PERSONNEL RECOVERY/SURVIVAL,

EVASION, RESISTANCE AND ESCAPE (PR/SERE) TRAINING IN ACCORDANCE

WITH USFK REG 525-40, PERSONNEL RECOVERY PROCEDURES AND USFK REG

350-2 THEATER SPECIFIC REQUIRED TRAINING FOR ALL ARRIVING

PERSONNEL AND UNITS ASSIGNED TO, ROTATING TO, OR IN TEMPORARY

DUTY STATUS TO USFK.

(R) MORTUARY AFFAIRS. MORTUARY AFFAIRS FOR CONTRACTOR PERSONNEL

WHO DIE WHILE PROVIDING SUPPORT IN THE THEATER OF OPERATIONS TO U.S.

ARMED FORCES WILL BE HANDLED IN ACCORDANCE WITH DOD DIRECTIVE

1300.22, MORTUARY AFFAIRS POLICY AND ARMY REGULATION 638-2, CARE AND

DISPOSITION OF REMAINS AND DISPOSITION OF PERSONAL EFFECTS.

(S) USFK RESPONSIBLE OFFICER (RO). THE USFK APPOINTED RO WILL ENSURE

ALL IC/TR PERSONNEL COMPLETE ALL APPLICABLE TRAINING AS OUTLINED IN

THIS CLAUSE.

B. 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 ―

http://www.usfk.mil/

“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—

(I) CONTINGENCY OPERATIONS;

(II) HUMANITARIAN OR PEACEKEEPING OPERATIONS; OR

(III) OTHER MILITARY OPERATIONS OR EXERCISES DESIGNATED BY THE

COMBATANT COMMANDER.

(2) CONTRACT PERFORMANCE IN SUPPORT OF U.S. MILITARY FORCES MAY

REQUIRE WORK IN DANGEROUS OR AUSTERE CONDITIONS. THE

CONTRACTOR ACCEPTS THE RISKS ASSOCIATED WITH REQUIRED CONTRACT

PERFORMANCE IN SUCH OPERATIONS. THE CONTRACTOR WILL REQUIRE ALL

ITS EMPLOYEES TO ACKNOWLEDGE IN WRITING THAT THEY UNDERSTAND

THE DANGER, STRESS, PHYSICAL HARDSHIPS AND FIELD LIVING CONDITIONS

THAT ARE POSSIBLE IF THE EMPLOYEE DEPLOYS IN SUPPORT OF MILITARY

OPERATIONS.

(3) CONTRACTOR PERSONNEL ARE NOT COMBATANTS AND SHALL NOT

UNDERTAKE ANY ROLE THAT WOULD JEOPARDIZE THEIR STATUS.

CONTRACTOR PERSONNEL SHALL NOT USE FORCE OR OTHERWISE DIRECTLY

PARTICIPATE IN ACTS LIKELY TO CAUSE ACTUAL HARM TO ENEMY ARMED

FORCES.

(C) SUPPORT.

(1) UNLESS THE TERMS AND CONDITIONS OF THIS CONTRACT PLACE THE

RESPONSIBILITY WITH ANOTHER PARTY, THE COMUSK WILL DEVELOP A

SECURITY PLAN TO PROVIDE PROTECTION, THROUGH MILITARY MEANS, OF

CONTRACTOR PERSONNEL ENGAGED IN THE THEATER OF OPERATIONS WHEN

SUFFICIENT OR LEGITIMATE CIVILIAN AUTHORITY DOES NOT EXIST.

(2)(I) ALL CONTRACTOR PERSONNEL ENGAGED IN THE THEATER OF

OPERATIONS ARE AUTHORIZED RESUSCITATIVE CARE, STABILIZATION,

HOSPITALIZATION AT LEVEL III MILITARY TREATMENT FACILITIES, AND

ASSISTANCE WITH PATIENT MOVEMENT IN EMERGENCIES WHERE LOSS OF

LIFE, LIMB, OR EYESIGHT COULD OCCUR. HOSPITALIZATION WILL BE

LIMITED TO STABILIZATION AND SHORT-TERM MEDICAL TREATMENT WITH

AN EMPHASIS ON RETURN TO DUTY OR PLACEMENT IN THE PATIENT

MOVEMENT SYSTEM.

(II) WHEN THE GOVERNMENT PROVIDES MEDICAL TREATMENT OR

TRANSPORTATION OF CONTRACTOR PERSONNEL TO A SELECTED

CIVILIAN FACILITY, THE CONTRACTOR SHALL ENSURE THAT THE

GOVERNMENT IS REIMBURSED FOR ANY COSTS ASSOCIATED WITH SUCH

TREATMENT OR TRANSPORTATION.

(III) MEDICAL OR DENTAL CARE BEYOND THIS STANDARD IS NOT

AUTHORIZED UNLESS SPECIFIED ELSEWHERE IN THIS CONTRACT.

(3) UNLESS SPECIFIED ELSEWHERE IN THIS CONTRACT, THE CONTRACTOR IS

RESPONSIBLE FOR ALL OTHER SUPPORT REQUIRED FOR ITS PERSONNEL

ENGAGED IN THE THEATER OF OPERATIONS UNDER THIS CONTRACT.

(D) COMPLIANCE WITH LAWS AND REGULATIONS. THE CONTRACTOR SHALL

COMPLY WITH, AND SHALL ENSURE THAT ITS PERSONNEL SUPPORTING U.S

ARMED FORCES IN THE REPUBLIC OF KOREA AS SPECIFIED IN PARAGRAPH (B)(1)

OF THIS CLAUSE ARE FAMILIAR WITH AND COMPLY WITH, ALL APPLICABLE—

(1) UNITED STATES, HOST COUNTRY, AND THIRD COUNTRY NATIONAL LAWS;

(I) THE MILITARY EXTRATERRITORIAL JURISDICTION ACT MAY APPLY TO

CONTRACTOR PERSONNEL IF CONTRACTOR PERSONNEL COMMIT CRIMES

OUTSIDE THE UNITED STATES.

(II) UNDER THE WAR CRIMES ACT, UNITED STATES CITIZENS (INCLUDING

CONTRACTOR PERSONNEL) WHO COMMIT WAR CRIMES MAY BE SUBJECT

TO FEDERAL CRIMINAL JURISDICTION.

(III) WHEN CONGRESS FORMALLY DECLARES WAR, CONTRACTOR

PERSONNEL AUTHORIZED TO ACCOMPANY THE FORCE MAY BE SUBJECT

TO THE UNIFORM CODE OF MILITARY JUSTICE.

(2) TREATIES AND INTERNATIONAL AGREEMENTS;

(3) UNITED STATES REGULATIONS, DIRECTIVES, INSTRUCTIONS, POLICIES,

AND PROCEDURES; AND

(4) ORDERS, DIRECTIVES, AND INSTRUCTIONS ISSUED BY THE COMUSK

RELATING TO FORCE PROTECTION, SECURITY, HEALTH, SAFETY, OR

RELATIONS AND INTERACTION WITH LOCAL NATIONALS. INCLUDED IN THIS

LIST ARE FORCE PROTECTION ADVISORIES, HEALTH ADVISORIES, AREA (I.E.

―OFF-LIMITS‖), PROSTITUTION AND HUMAN TRAFFICKING AND CURFEW

RESTRICTIONS.

(E) PRE-DEPLOYMENT/DEPARTURE REQUIREMENTS. THE CONTRACTOR SHALL

ENSURE THAT THE FOLLOWING REQUIREMENTS ARE MET PRIOR TO

DEPLOYING/LOCATING PERSONNEL IN SUPPORT OF U.S. MILITARY FORCES IN

THE REPUBLIC OF KOREA. SPECIFIC REQUIREMENTS FOR EACH CATEGORY MAY

BE SPECIFIED IN THE STATEMENT OF WORK OR ELSEWHERE IN THE CONTRACT.

(1) ALL REQUIRED SECURITY AND BACKGROUND CHECKS ARE COMPLETE

AND ACCEPTABLE.

(2) ALL CONTRACTOR PERSONNEL MEET THE MINIMUM MEDICAL SCREENING

REQUIREMENTS AND HAVE RECEIVED ALL REQUIRED IMMUNIZATIONS 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.

(3) CONTRACTOR PERSONNEL HAVE ALL NECESSARY PASSPORTS, VISAS, AND

OTHER DOCUMENTS REQUIRED TO ENTER AND EXIT A THEATER OF

OPERATIONS AND HAVE A GENEVA CONVENTIONS IDENTIFICATION CARD

FROM THE DEPLOYMENT CENTER OR CONUS PERSONNEL OFFICE—IF,

APPLICABLE.

(4) COUNTRY AND THEATER CLEARANCE IS OBTAINED FOR CONTRACTOR

PERSONNEL. CLEARANCE REQUIREMENTS ARE IN DOD DIRECTIVE 4500.54,

OFFICIAL TEMPORARY DUTY ABROAD, DOD 4500.54-G, DOD FOREIGN

CLEARANCE GUIDE, AND USFK REG 1-40, UNITED STATES FORCES KOREA

TRAVEL CLEARANCE GUIDE. CONTRACTOR PERSONNEL ARE CONSIDERED

NON-DOD PERSONNEL TRAVELING UNDER DOD SPONSORSHIP.

(F) PROCESSING AND DEPARTURE POINTS. DEPLOYED CONTRACTOR PERSONNEL

SHALL—

(1) UNDER CONTINGENCY CONDITIONS OR UNDER OTHER CONDITIONS AS

SPECIFIED BY THE CONTRACTING OFFICER, PROCESS THROUGH THE

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;

(2) USE THE POINT OF DEPARTURE AND TRANSPORTATION MODE DIRECTED

BY THE CONTRACTING OFFICER; AND

(3) IF PROCESSING THROUGH A DEPLOYMENT CENTER, PROCESS THROUGH A

JOINT RECEPTION CENTER (JRC) UPON ARRIVAL AT THE DEPLOYED

LOCATION. THE JRC WILL VALIDATE PERSONNEL ACCOUNTABILITY, ENSURE

THAT SPECIFIC THEATER OF OPERATIONS ENTRANCE REQUIREMENTS ARE

MET, AND BRIEF CONTRACTOR PERSONNEL ON THEATER-SPECIFIC POLICIES

AND PROCEDURES.

(G) PERSONNEL DATA LIST.

(1) THE CONTRACTOR SHALL ESTABLISH AND MAINTAIN WITH THE

DESIGNATED GOVERNMENT OFFICIAL A CURRENT LIST OF ALL CONTRACTOR

PERSONNEL THAT DEPLOY WITH OR OTHERWISE PROVIDE SUPPORT IN THE

THEATER OF OPERATIONS TO U.S. MILITARY FORCES AS SPECIFIED IN

PARAGRAPH (B)(1) OF THIS CLAUSE. THE SYNCHRONIZED PREDEPLOYMENT

AND OPERATIONAL TRACKER (SPOT) IS THE DESIGNATED AUTOMATED

SYSTEM TO USE FOR THIS EFFORT. THIS ACCOUNTABILITY REQUIREMENT IS

SEPARATE AND DISTINCT FROM THE PERSONNEL ACCOUNTABILITY

REQUIREMENT LISTED IN THE U.S–ROK SOFA’S INVITED

CONTRACTOR/TECHNICAL REPRESENTATIVE PROGRAM (AS PROMULGATED

IN USFK REGULATION 700-19).

(2) THE CONTRACTOR SHALL ENSURE THAT ALL EMPLOYEES ON THE LIST

HAVE A CURRENT DD FORM 93, RECORD OF EMERGENCY DATA CARD, ON

FILE WITH BOTH THE CONTRACTOR AND THE DESIGNATED GOVERNMENT

OFFICIAL.

(H) CONTRACTOR PERSONNEL.

(1) THE CONTRACTING OFFICER MAY DIRECT THE CONTRACTOR, AT ITS OWN

EXPENSE, TO REMOVE AND REPLACE ANY CONTRACTOR PERSONNEL WHO

JEOPARDIZE OR INTERFERE WITH MISSION ACCOMPLISHMENT OR WHO FAIL

TO COMPLY WITH OR VIOLATE APPLICABLE REQUIREMENTS OF THIS CLAUSE.

CONTRACTORS SHALL REPLACE DESIGNATED PERSONNEL WITHIN 72 HOURS,

OR AT THE CONTRACTING OFFICER’S DIRECTION. SUCH ACTION MAY BE

TAKEN AT THE GOVERNMENT’S DISCRETION WITHOUT PREJUDICE TO ITS

RIGHTS UNDER ANY OTHER PROVISION OF THIS CONTRACT, INCLUDING THE

TERMINATION FOR DEFAULT CLAUSE.

(2) THE CONTRACTOR SHALL HAVE A PLAN ON FILE SHOWING HOW THE

CONTRACTOR WOULD REPLACE EMPLOYEES WHO ARE UNAVAILABLE FOR

DEPLOYMENT OR WHO NEED TO BE REPLACED DURING DEPLOYMENT. THE

CONTRACTOR SHALL KEEP THIS PLAN CURRENT AND SHALL PROVIDE A

COPY TO THE CONTRACTING OFFICER AND USFK SPONSORING AGENCY (SEE

USFK REG 700-19) UPON REQUEST. THE PLAN SHALL:

(I) IDENTIFY ALL PERSONNEL WHO ARE SUBJECT TO U.S. OR REPUBLIC OF

KOREA MILITARY MOBILIZATION;

(II) IDENTIFY ANY EXEMPTIONS THERETO;

(III) DETAIL HOW THE POSITION WOULD BE FILLED IF THE INDIVIDUAL

WERE MOBILIZED; AND

(IV) IDENTIFY ALL PERSONNEL WHO OCCUPY A POSITION THAT THE

CONTRACTING OFFICER HAS DESIGNATED AS MISSION ESSENTIAL.

(V) MILITARY CLOTHING AND PROTECTIVE EQUIPMENT.

(3) CONTRACTOR PERSONNEL SUPPORTING A FORCE DEPLOYED OUTSIDE THE

UNITED STATES AS SPECIFIED IN PARAGRAPH (B)(1) OF THIS CLAUSE ARE

PROHIBITED FROM WEARING MILITARY CLOTHING UNLESS SPECIFICALLY

AUTHORIZED IN WRITING BY THE COMUSK. IF AUTHORIZED TO WEAR

MILITARY CLOTHING, CONTRACTOR PERSONNEL MUST WEAR DISTINCTIVE

PATCHES, ARM BANDS, NAMETAGS, OR HEADGEAR, IN ORDER TO BE

DISTINGUISHABLE FROM MILITARY PERSONNEL, CONSISTENT WITH FORCE

PROTECTION MEASURES AND THE GENEVA CONVENTIONS.

(4) CONTRACTOR PERSONNEL MAY WEAR MILITARY-UNIQUE

ORGANIZATIONAL CLOTHING AND INDIVIDUAL EQUIPMENT (OCIE) REQUIRED

FOR SAFETY AND SECURITY, SUCH AS BALLISTIC, NUCLEAR, BIOLOGICAL, OR

CHEMICAL PROTECTIVE CLOTHING.

(5) THE DEPLOYMENT CENTER, THE COMBATANT COMMANDER, OR THE

SPONSORING AGENCY SHALL ISSUE OCIE AND SHALL PROVIDE TRAINING, IF

NECESSARY, TO ENSURE THE SAFETY AND SECURITY OF CONTRACTOR

PERSONNEL.

(6) THE CONTRACTOR SHALL ENSURE THAT ALL ISSUED OCIE IS RETURNED

TO THE POINT OF ISSUE, UNLESS OTHERWISE DIRECTED BY THE

CONTRACTING OFFICER.

(J) WEAPONS.

(1) IF THE CONTRACTOR REQUESTS THAT ITS PERSONNEL PERFORMING IN

THE THEATER OF OPERATIONS BE AUTHORIZED TO CARRY WEAPONS, THE

REQUEST SHALL BE MADE THROUGH THE CONTRACTING OFFICER TO THE

COMUSK. THE COMUSK WILL DETERMINE WHETHER TO AUTHORIZE IN-

THEATER CONTRACTOR PERSONNEL TO CARRY WEAPONS AND WHAT

WEAPONS WILL BE ALLOWED.

(2) THE CONTRACTOR SHALL ENSURE THAT ITS PERSONNEL WHO ARE

AUTHORIZED TO CARRY WEAPONS:

(I) ARE ADEQUATELY TRAINED;

(II) ARE NOT BARRED FROM POSSESSION OF A FIREARM BY 18 U.S.C. 922;

AND

(III) ADHERE TO ALL GUIDANCE AND ORDERS ISSUED BY THE COMUSK

REGARDING POSSESSION, USE, SAFETY, AND ACCOUNTABILITY OF

WEAPONS AND AMMUNITION.

(IV) THE USE OF DEADLY FORCE BY PERSONS SUBJECT TO THIS CLAUSE

SHALL BE MADE ONLY IN SELF-DEFENSE, EXCEPT:

(V) PERSONS SUBJECT TO THIS CLAUSE WHO PRIMARILY PROVIDE

PRIVATE SECURITY ARE AUTHORIZED TO USE DEADLY FORCE ONLY AS

DEFINED IN THE TERMS AND CONDITIONS OF THIS CONTRACT IN

ACCORDANCE WITH USFK REGULATIONS AND POLICIES (ESPECIALLY,

USFK REGULATION 190-50).

(VI) LIABILITY FOR THE USE OF ANY WEAPON BY PERSONS SUBJECT TO

THIS CLAUSE IS SOLELY THE RESPONSIBILITY OF THE INDIVIDUAL

PERSON AND THE CONTRACTOR.

(3) UPON REDEPLOYMENT OR REVOCATION BY THE COMUSK OF THE

CONTRACTOR’S AUTHORIZATION TO ISSUE FIREARMS, THE CONTRACTOR

SHALL ENSURE THAT ALL GOVERNMENT-ISSUED WEAPONS AND

UNEXPENDED AMMUNITION ARE RETURNED AS DIRECTED BY THE

CONTRACTING OFFICER.

(K) EVACUATION.

(1) IN THE EVENT OF A NON-MANDATORY EVACUATION ORDER, UNLESS

AUTHORIZED IN WRITING BY THE CONTRACTING OFFICER, THE CONTRACTOR

SHALL MAINTAIN PERSONNEL ON LOCATION SUFFICIENT TO MEET

OBLIGATIONS UNDER THIS CONTRACT.

(L) THEATER SPECIFIC TRAINING. TRAINING REQUIREMENTS FOR IC/TR

PERSONNEL SHALL BE CONDUCTED IN ACCORDANCE WITH USFK REG 350-2

THEATER SPECIFIC REQUIRED TRAINING FOR ALL ARRIVING PERSONNEL AND

UNITS ASSIGNED TO, ROTATING TO, OR IN TEMPORARY DUTY STATUS TO USFK.

(M) USFK RESPONSIBLE OFFICER (RO). THE USFK APPOINTED RO WILL ENSURE

ALL IC/TR PERSONNEL COMPLETE ALL APPLICABLE TRAINING AS OUTLINED IN

THIS CLAUSE.

(N) CHANGES. IN ADDITION TO THE CHANGES OTHERWISE AUTHORIZED BY THE

CHANGES CLAUSE OF THIS CONTRACT, THE CONTRACTING OFFICER MAY, AT

ANY TIME, BY WRITTEN ORDER IDENTIFIED AS A CHANGE ORDER, MAKE

CHANGES IN GOVERNMENT-FURNISHED FACILITIES, EQUIPMENT, MATERIAL,

SERVICES, OR SITE. ANY CHANGE ORDER ISSUED IN ACCORDANCE WITH THIS

PARAGRAPH SHALL BE SUBJECT TO THE PROVISIONS OF THE CHANGES CLAUSE

OF THIS CONTRACT.

(O) SUBCONTRACTS. THE CONTRACTOR SHALL INCORPORATE THE SUBSTANCE

OF THIS CLAUSE, INCLUDING THIS PARAGRAPH, IN ALL SUBCONTRACTS THAT

REQUIRE SUBCONTRACTOR PERSONNEL TO BE AVAILABLE TO DEPLOY WITH OR

OTHERWISE PROVIDE SUPPORT IN THE THEATER OF OPERATIONS TO U.S.

MILITARY FORCES DEPLOYED/STATIONED OUTSIDE THE UNITED STATES IN—

(1) CONTINGENCY OPERATIONS;

(2) HUMANITARIAN OR PEACEKEEPING OPERATIONS; OR

(3) OTHER MILITARY OPERATIONS OR EXERCISES DESIGNATED BY THE

COMBATANT COMMANDER.

(P) THE CONTRACTING OFFICER WILL DISCERN ANY ADDITIONAL GFE, GFP OR

LOGISTICAL SUPPORT NECESSARY TO FACILITATE THE PERFORMANCE OF THE

ENHANCED REQUIREMENT OR NECESSARY FOR THE PROTECTION OF

CONTRACTOR PERSONNEL. THESE ITEMS WILL BE FURNISHED TO THE

CONTRACTOR AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER AND

MAY BE PROVIDED ONLY ON A REIMBURSABLE BASIS.

2. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

SIGNED: ROBBIN JEFFERSON, CONTRACTING OFFICER, N103A