ATT_0009_PROCEDURES_TO_DESIGNATE_A_US_INVITED_CONTRACTOR_UNDER_THE_US_ROK_SOFA.pdf

Base Contract – CLS SUPPORT 1/20/17

Attachment 9: Procedure to Designate a US Invited Contractor under the US-ROK SOFA

Designation as a US Invited Contractor or Technical Representative under the ROK-US SOFA (“SOFA status”) is a legal requirement for US Contractors to perform in support of the US Armed Forces in the ROK. SOFA designation is a unilateral right of USFK. Contracting officers should not make SOFA status a condition of the contract without first coordinating with this office (USFK/FKAQ). Coordinate contract performance in the ROK with this office at least 45 days before performance begins in the ROK. We encourage processing designations during the solicitation stage. Additionally, contracting officers and requiring activities should consider requirements for performance during contingency or war and include the appropriate contract clauses and PWS language.

The US-ROK SOFA is an international agreement as defined in FAR 25.8. The SOFA document may be accessed on-line at: http://www.usfk.mil/org/FKDC-SA/Contents/links.htm or http://www.shaps.hawaii.edu/security/us/sofa1966_1991.html

USFK Regulation 700-19 implements the US-ROK SOFA and may be accessed on-line at:

http://www-hr.korea.army.mil/Programs_Policy/Publication_Records_Reg_USFK.asp

USFK/FKAQ may be contacted directly with questions by phone at DSN 315-724- 6211/6162/6100, commercial 011-822-7914-6211/6162/6100 and fax at DSN 315-724-6083, commercial 011-822-7914-6083

Also, current as of June 2007, SOFA designation requests may be made via email to Ms. Suk Sligar at suk.sligar@korea.army.mil or Ms. O Sun Kwon at KwonOS@korea.army.mil

This contact information is subject to change.

STEP 1. The contracting officer submits a request for Invited Contractor designation memo (see attachment for format) to USFK/FKAQ. The contracting officer should review FKAQ’s IC/TR checklist for unique requirements for contract performance in the ROK. Before non-Korean Contractors can receive SOFA designation (and be legally permitted to perform in the ROK) at least one of four criteria must be met:

(1) Security considerations

(2) Technical qualifications

(3) Unavailability of materials or services in the ROK

(4) Limitation of US law (rarely used) http://www.usfk.mil/org/FKDC-SA/Contents/links.htm http://www.shaps.hawaii.edu/security/us/sofa1966_1991.html http://www-hr.korea.army.mil/Programs_Policy/Publication_Records_Reg_USFK.asp mailto:suk.sligar@korea.army.mil mailto:KwonOS@korea.army.mil

Support at least one of these criteria with a detailed explanation in the designation request.

In addition, ensure a SOFA clause in incorporated into the contract or solicitation (if pre-award) and that proof (contract/solicitation/modification) of such clause is submitted with the designation request. Without a SOFA clause in the solicitation and/or contract, FKAQ will not process the request. A sample of the SOFA clause is attached below.

USFK SOFA Clause

Along with the designation request memo, also submit a copy of the applicable statement of work (SOW) or performance work statement (PWS).

* NOTE: (For Army service contracts supporting Eighth US Army) All Army service contracts must contain Contractor Manpower Reporting language as mandated by the Secretary of the Army and clarified in ASA(ALT) letter dated 04 Mar 05. As part of the SOFA designation request memorandum, contracting officers must verify subject contracts contain such language.

For contracts contain a wartime or contingency requirement in the Korean Theater of Operation, ensure the wartime clause (found in USFK Regulation 700-19) is included in the contract and that proof (contract/solicitation/modification) of such clause is submitted with the designation request. The contract will be designated Non-wartime critical if the wartime clause is not provided. A sample of the wartime clause is attached below.

USFK Wartime Clause

NOTE: (Please refer to the attachment above) If the contract is not yet awarded, for paragraph 3.c. – Provide the SOLICITATION NUMBER and for paragraph 3.e. – Write “Unknown until contract is awarded”.

After the contract is awarded, the contracting officer must submit a “Post Award Coordination” to complete the designation.

Sample Post-Award Coordination Letter

USFK/FKAQ will process the designation with the ROK government - this process may take up to 45 days.

STEP 2. Upon initiating the Designation Request, the USFK Sponsoring Agency (typically also the requiring activity) will appoint a Responsible Officer (RO) who will perform the duties set out in USFK Reg 700-19.

Sample RO Appointment Letter

The RO will be responsible for preparing the following package for FKAQ processing:

a. USFK Form 700-19A-R-E (Complete Part I and II of this form). REQUIRED FOR

INITIAL AND CHANGE IN DATA (RENEWAL) DESIGNATIONS

USFK Form 700-19A-R-E

b. If required, USFK Form 700-19B-R-E. REQUIRED FOR DETERMINING

DEPENDENCY IF NO OTHER SOURCE DOCUMENTS AVAILABLE OR IN

UNUSUAL CIRCUMSTANCES (parent, in-law, disabled, etc)

USFK Form 700-19B-R-E

c. Letter of Accreditation signed by the head of the requiring activity. REQUIRED

FOR INITIAL AND RENEWAL DESIGNATIONS

Accreditation letter.doc

d. Provost Marshall Office (PMO) Check (Note: PMO check must be completed and stamped/signed by the PMO office prior to submitting to USFK/FKAQ). REQUIRED ONLY

FOR DESIGNATION RENEWALS.

e. Ration Control Check (Note: RCP check must be completed and stamped/signed by the RCP office prior to submitting to USFK/FKAQ). REQUIRED ONLY FOR

DESIGNATION RENEWALS.

- The RO submits the following to USFK/FKAQ: USFK Form 700-19A-R-E, Letter of Accreditation, PMO check (if required), RCP check (if required) and a copy of the Appointment of Responsible Officer (RO) for the contract.

- USFK/FKAQ will review the packet and complete Part III of USFK Form 700-19A-R-E.

- With the stamped 700-19A the Contractor personnel will be able to obtain SOFA status and USFK logistic privileges.

(CONTRACTING OFFICE LETTERHEAD)

(Office Symbol) (Date)

MEMORANDUM FOR HQ, U.S. Forces Korea (USFK), Assistant Chief of Staff, Acquisition Management, (FKAQ), Unit #15237, APO AP 96205-5237

SUBJECT: Request for Contractor Designation under U.S.-Republic of Korea (ROK) Status of Forces Agreement (SOFA) (Solicitation Number or Contract Number)

1. Reference USFK Regulation 700-19.

2. Request the referenced solicitation and subsequent contract award be approved for SOFA designation. Compliance with the US-ROK SOFA is included in the solicitation’s terms and conditions and will be included in the resulting contract.

3. The following information is provided:

a. Contracting office name, mailing address, and e-mail address.

b. Contracting officer name, e-mail address, DSN, commercial, and FAX number.

c. Solicitation number/Contract number.

d. Justification for use of non-Korean firm (Cite specific reference from Chapter 1, paragraph 1-5c and provide supporting justification).

e. Name(s) of firm(s) being solicited OR name(s) of firm(s) awarded the contract and country in which they are incorporated.

f. Contract period of performance dates to include all option years. List base and each option start and end date. What option period is currently exercised? [estimate if requirement is in pre-award stage]

g. Dates for current funded contract performance in the ROK, if different from overall period of performance.

h. Identify services to be performed (Detailed description or Performance of Work Statement or Statement of Work supporting justification in 3e).

i. Number of contractor employees (briefly document requirement for each employee). [estimate if pre-award]

(1) Number of U.S. citizen employees.

(2) Number of third-country national employees.

(3) Number of ROK employees.

j. Location(s) of performance in the ROK (include military installation(s)).

k. Is there an Invited Contractor/Technical Representative (IC/TR) Clause in the contract? Please refer to Table B, USFK Reg 700-19 for a sample of the clause. If the there is no clause, the contracting officer is required to modify and add the IC/TR clause into the contract. No request for contractor designation will be approved without the IC/TR clause in the contract.

l. Is there a requirement for contractor performance in a contingency in wartime? If yes, indicate the following actions were accomplished by including the answers, below (FKAQ will not process contract SOFA designation request without completion):

(1) Contract contains appropriate wartime/contingency clause and/or statement of work requirements (attach copy of clause/contract requirements)

(2) Wartime/contingency logistics support has been coordinated with sponsoring agency

(3) The number of emergency essential contractors performing in Korea is___.

These contractors will receive NBC training and chemical protective equipment from the sponsoring agency or another source.

(4) Contractors’ Major Command during wartime is______________________.

m. Name of the USFK Sponsoring Agency/Name of Point of Contact/Telephone Number/Fax Number/E-mail address.

CONTRACTING OFFICER’S

SIGNATURE BLOCK

CF: Sponsoring Agency in USFK

USFK Reg 700-19, 4 June 2007

SOFA Contract Clause

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 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.

(Continued) http://www.usfk.mil/

Table B-1 (Cont)

SOFA Contract Clause ______

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

Property or transferred on a reimbursable basis.

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

IAW the SOFA.

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

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

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

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

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

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

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

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

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

(1) Completion or termination of the contract.

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

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

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

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and

USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK

Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

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

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

(2)(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, and must have a USFK driver’s license to legally drive on USFK installations. Contractor employees/dependents will first obtain a Korean driver’s license or a valid international driver’s license then obtain a USFK driver’s license.

(p) Evacuation.

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

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

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

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

(q) Next of kin notification and personnel recovery.

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

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

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

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

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

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

Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of

Remains and Disposition of Personal Effects.

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

(End of Clause)

Contingency Conditions 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 E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

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

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

(b) General.

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

Table B-2 (Cont) http://www.usfk.mil/

Contingency Conditions Clause ______

(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.

(i) Military clothing and protective equipment.

(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.

(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.

(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.

(4) 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.

(End of clause)

(CONTRACTING OFFICE LETTERHEAD)

MEMORANDUM FOR HQ USFK (FKAQ), Unit #15237, APO AP 96205-5237

SUBJECT: Post-Award Coordination for Contract (Contract Number)

1. Reference USFK Regulation 700-19 and our previous correspondence dated (date), requesting SOFA

Designation.

2. The solicitation in paragraph 3a below was awarded to (Contractor’s Name) on (Date). Request you immediately designate the contract/contractor for SOFA status.

3. The following information is provided:

a. (Solicitation Number)

b. (Contract Number)

c. (Contractor name and address)

d. (Expiration date of the contract, including all option years)

e. (Effective date of contract)

f. Contractor personnel information:

(1) (Name of contractor employee(s))

(2) (Position title(s))

(3) (Social Security Number(s))

(4) (Passport Number(s))

(5) (Citizenship)

(6) (Names, Social Security Numbers, passport number, citizenship, and relationship of dependents who will accompany employee to the ROK)

g. (Name, address, and phone number of Administrative Contracting Officer (ACO))

4. Provide a copy of the front page of the awarded contract. A complete copy of the entire contract is not necessary.

(CONTRACTING OFFICER)

CF: Sponsoring Agency in USFK

(SPONSORING AGENCY LETTERHEAD)

SUBJECT: Appointment of Responsible Officer (RO) for Contract (contract number)

1. In accordance with USFK Reg 700-19, the following named individual is appointed the RO for the listed contract which has been designated a (invited contractor or technical representative) contract under the U.S.-ROK Status of Forces Agreement (SOFA):

a. Contract Number: (full contract number)

b. Contractor’s Name: (name of company)

c. Contract Period of Performance: (dates of contract including all option years)

d. RO Name: (name of RO)

e. RO Rank/grade: (rank or grade)

f. RO Mailing Address: (mailing address)

g. RO Office Phone: (phone number)

h. RO FAX: (FAX phone number)

i. RO DEROS: (DEROS date)

j. RO E-mail Address: (e-mail address)

2. The RO has been briefed on their responsibilities and is aware of the administrative requirements in

USFK Reg 700-19.

3. POC is (POC name and phone number for the sponsoring agency)

(HEAD OF SPONSORING AGENCY)

CF:

RO

INVITED CONTRACTOR AND TECHNICAL REPRESENTATIVE PERSONNEL DATA REPORT

(USFK REG 700-19)

(SEE INSTRUCTIONS AND PRIVACY ACT STATEMENT ON REVERSE SIDE)

PART I - (TO BE COMPLETED BY THE CONTRACTOR EMPLOYEE)

TYPE OF REPORT CONTRACT NUMBER CONTRACT EXPIRATION DATE

ARRIVAL CHANGE IN DATA

CONTRACTOR COMPANY NAME DESCRIPTION OF SERVICE

EMPLOYEE'S NAME (LAST, FIRST, MI ) SSN CITIZENSHIP PASSPORT NUMBER

NOTICE: By signing this form the contractor employee acknowledges and agrees to abide by all applicable regulations and policies issued by USFK.

EMPLOYEE'S SIGNATURE EMERGENCY-ESSENTIAL INVITED CONTRACTOR FULL-TIME

YES NO TECHNICAL REPRESENTATIVE PART-TIME

DATE AND PLACE OF HIRE LOGISTICS SUPPORT

FULL INDIVIDUAL NO SUPPORT

ORDINARY RESIDENCE (CITY, STATE, COUNTRY) NUMBER OF DEPENDENTS IN KOREA

DUTY ADDRESS IN KOREA DUTY PHONE NUMBER

HOME ADDRESS IN KOREA HOME PHONE NUMBER

DATE OF ENTRY PORT OF ENTRY ESTIMATED DATE OF DEPARTURE FROM

KOREA

DEPENDENT'S NAME (LAST, FIRST, MI) DOB (Only Children) CITIZENSHIP PASSPORT NO. RELATIONSHIP PORT AND DATE OF ENTRY

PART II - CERTIFICATION (TO BE COMPLETED BY THE RESPONSIBLE OFFICER)

The undersigned hereby certifies that the above information is true and correct to the best of my knowledge and belief.

NAME AND GRADE UNIT

PHONE NUMBER DEROS SIGNATURE DATE

PART III - (TO BE COMPLETED BY ACOFS, ACQUISITION MANAGEMENT)

PART IV - REPORT OF DEPARTURE (TO BE COMPLETED BY THE USFK RESPONSIBLE OFFICER)

DATE OF DEPARTURE DESTINATION ID CARD TURNED-IN TO RATION CONTROL PLATE TURNED-IN TO

SIGNATURE OF CONTRACTOR SUPERVISOR DATE SIGNATURE OF USFK RESPONSIBLE OFFICER DATE

USFK FORM 700-19A-R-E, 1 FEB 2007 Replaces USFK Form 175-R-E which is obsolete

PRIVACY ACT STATEMENT

1. AUTHORITY: Title 5 United States Code, Section 3012, and US-ROK Status of Forces Agreement (SOFA).

2. PRINCIPAL PURPOSE: System of records used to identify USFK invited contractors, technical representatives, and their dependents to notify the Republic of Korea Government of their status.

3. ROUTINE USES: This form is used as a source document for identifying USFK invited contractors, technical representatives, and their dependents who are in the Republic of Korea. This form also is used to notify the Republic of Korea Government of the contractor personnel who receive SOFA status under Article XV Invited Contractors, according to the minutes of the official Meetings of the United States – Republic of Korea Joint Committee, 9th Joint Committee Meeting, 5 June 1967, Enclosure 8 Memorandum For: The Joint Committee, dated 31 May 1967.

4. MANDATORY OR VOLUNTARY DISCLOSURE AND EFFECT ON INDIVIDUAL NOT PROVIDING INFORMATION: Disclosure of information is voluntary;

however, failure to provide required data may result in denial of individual SOFA status and logistics support.

INSTRUCTIONS FOR THE USE OF USFK FORM 700-19A-E

1. United States Forces Korea Regulation 700-19 (The Invited Contractor and Technical Representative Program) is the regulation that governs the use of this form.

2. Contractor employee will complete Part I and submit to the Responsible Officer.

3. Responsible Officer will complete Part II and submit this form as duplicate.

a. Send original and secondary copy to: HQ USFK ACofS, Acquisition Management (FKAQ)

UNIT 15237, ATTN: FKAQ

APO AP 96205-5237

b. The ACofS, Acquisition Management will complete Part III of the original and return it to the USFK Responsible Officer.

c. The Responsible Officer will provide a copy of the FKAQ endorsed form to the senior contractor representative in the Republic of Korea.

4. A new form will be completed and forwarded to the address in 3a not later than 5 workdays after each arrival and change in status of an invited contractor or technical representative.

5. The Responsible Officer will complete Part IV of the original copy when the employee departs the Republic of Korea or is no longer associated with subject contract. The Responsible Officer will return the completed form to the address listed in 3a.

6. When any data in Part I changes, prepare a new form and process in accordance with paragraphs above.

USFK Form 700-19B-R-E, 01 Feb 07

APPLICATION FOR DEPENDENCY DETERMINATION

US Invited Contractor/Technical Representative

(Spouses, Former Spouses, Adopted Children, Wards, Parents and Parents-in-Law) USFK Regulation 700-19

AUTHORITY:

PRINCIPAL PURPOSE:

DISCLOSURE:

PENALTY PROVISION

E.O. 9397

Verification of relationship and dependent eligibility under USFK Regulation 700-19.

Disclosure of the requested information in this application is voluntary. However, failure to provide complete and accurate information may result in denial of privileges.

Falsification, fictitious or fraudulent information submitted by the applicant on this form is subject to prosecution by the United States government and immediate withdrawal of SOFA Status and authorized logistical support.

Required documentation and instructions on how to complete this form are provided in Parts VI and Parts VII of this document.

Part I - Employee/Sponsor Information:

SSN: 2. Name (Last, First, MI) 3. Organization/Address: 4. DSN Telephone 1.

6. Your E-mail address: 5. Your status in Korea:

Local Hire from within Korea Recruited from another overseas area Recruited from the United States

Part II - Dependent Information:

Who do you wish to claim as your dependent? (Please See Part VI - Required Documentation and Part VII – Instructions) 1.

Spouse

Legal Spouse

Common Law Spouse

Unmarried Children

Child

Child, from a former marriage

Child, Adopted

Child, Stepchild

Child, Ward ***

Child, Student (age 21 to 23)

Child, (age 21-23), incapable of self-support (handicap/disability reasons only)

Child, temporary custody ***

Parents/Parents-in-Law

Sponsor’s Mother ***

Sponsor’s Father ***

Sponsor’s Mother-in-Law ***

Sponsor’s Father-in-Law ***

Special Note: Items marked with asterisks (***) above require completion of Part III – Dependency Affidavit. See Part VI – Required Documentation and Part VII – Instructions, for additional information. All documentation requires certification from either a U.S. State or County Court or U.S. Embassy or U.S. Consulate. Foreign court orders and documentation from a foreign court or foreign government must be translated into English and the local legal office must provide a statement attesting to the validity of the court order.

Military Retirees will NOT use this form for dependent determination, instead provide a copy of your current (within the last 60 days) retired military DD Form 1172 certified by the Military Personnel Office or ID Card Section

2. Name(s) of dependent(s) you wish to claim as a dependent (see Part VII – Instructions):

Part III – Dependency Affidavit (See Items 1-10 for Children and Items 11-23 for parent support):

Unmarried Children. Complete this section (items 1-10) for a child that you wish to claim as a Ward or for temporary custody. (See Part VI - Required Documentation and Part VII – Instructions) 1 Does this dependent child live with you? Yes No (See Part VII – Instructions)

2. Do you have a court order from a U.S. State, County, or foreign court which authorizes the temporary custody of the child or which grants custody as a Ward?

Yes No (See Part VI – Required Documentation)

3. Name of the parents granting the authorization for temporary custody See Part VII – Instructions):

3a. Parents Name: 3b. Name of Orphanage/State Agency:

Address of Parents: Address:

Telephone: Point of Contact:

Emergency Point of Contact: Telephone:

4. Does this child’s parents have any other relatives who are capable of taking temporary custody? Yes No

5. If you answered “Yes” to Item 4, please explain in detail why these relatives are not financially or for health reasons not capable of taking temporary custody of the child. You may use a separate sheet of paper or you may attach evidence which shows that the relatives cannot take temporary custody.

6. Is there anyone else providing support to this child? Yes No 6a. If YES, who?

7. List the goods and services that you provide to the child. If there is anyone else providing support, list their contributions. Amounts shown should be annual contributions.

Item Your Annual Contribution Third Party Contributions (List Who is Providing Additional Support) Person’s Name Providing Support Income/Allowance Payments Food Clothing Shelter Medical

8. List personal income and amounts from outside sources (other than what you provide) the child receives (Please see Part VII – Instructions):

9. List any property or capital assets and their value the child owns in any part of the world (Please see Part VII – Instructions):

10. List bank accounts the child has and the amount in each account (Please see Part VII – Instructions):

11. Parents and Parents-in-Law (Complete Items 12-23. See Part VI - Required Documentation and Part VII – Instructions):

12. Do the parents and/or parents-in-law live with you? Yes No (See Part VII – Instructions)

13. Do your parents or parents-in-law have any children that are living? Yes (see below) No

14. If you answered “Yes” to Item 13, please indicate who they are and where do they live:

15. Do your parents or parents-in-law own a house, apartment or any living accommodation: Yes No

16. If you answered “Yes” to item 15, please indicate the value: $ (Please see Part VII – Instructions).

17. If you answered “Yes” to Item 15, please explain on a separate sheet of paper why your parents/parents-in-law are not living in this residence.

18. If you answered “Yes” to Item 15, is someone else living in the dwelling? Yes No

19. If someone else is living in the dwelling, please describe the relationship of the person(s) living in the apartment and the amount of rent, if any, that is being charged.

20. List the goods and services that you provide to the parents/parents-in-law. If there is anyone else providing support, list their contributions.

Amounts shown should be annual contributions. A separate sheet of paper may be used.

Item Your Annual Contribution Third Party Contributions (List Who is Providing Additional Support) Person’s Name Providing Support Income/Allowance Payments Food Clothing Shelter Medical

21. List personal income and amounts from outside sources (other what you provide) received (Please see Part VII – Instructions):

22. List any property or capital assets owned and their value in any part of the world (Please see Part VII – Instructions):

23. List bank accounts and the amount in each account (Please see Part VII – Instructions):

PART IV – Certification:

I will immediately notify my Responsible Officer of any change in my dependent’s status, financial circumstances, or should the dependent no longer reside with the sponsor to which dependency was granted.

I swear (or affirm) that all of the foregoing statements are true and correct. I further swear (or affirm) that I have read the penalty provisions on page 1 for submitting false, fraudulent or misleading information.

1. Date 2. Signature of Sponsor

PART V – Notary Public:

Subscribed and duly sworn (or affirmed) to before me according to law by the above-named affiant(s).

This _____ day of __________, 2____, at city/town of _____________________________________________.

Notary: _________________ Official Title: __________________. Commission Expiration: ______________

OFFICIAL SEAL

FKAQ

Determination:

APPROVED

DISAPPROVED

FKAQ

Signature:

Date:

FKAQ Remarks:

PART VI – Required Documentation:

Dependent

Required Documentation Spouse

(1) Lawful Spouse (Common Law & Legal Marriage)

a. Marriage certificate, translated if not in English.

b. Divorce Decree if spouse was previously married.

c. If a Common Law marriage, a statement from USFK Legal Office which certifies that the state from which the Common Law marriage was declared is recognized by that state. If the Common Law marriage is not recognized in the state where it was declared, then dependency can not be approved.

d. A Common Law marriage from a foreign country, including the Republic of Korea, is not acceptable.

e. If you were legally married in a foreign country, your marriage certificate must be translated, if not in English, and registered/certified by a U.S. Embassy or U.S. Consulate or a U.S. State or County Court who has jurisdiction over the event.

f. If member’s former spouse died, a copy of the death certificate is required.

Unmarried Children

(2) Child a. Birth Certificate, translated if not in English.

b. If birth certificate is from a foreign country, it must be registered/certified by U.S. Embassy or U.S. Consulate or U.S. State Court/County Court with jurisdiction over the case.

c. A male sponsor presents a court order that establishes his paternity

d. The male sponsor presents an approved dependency determination.

(3) Child, from a former marriage a. Birth Certificate, translated if not in English.

b. Divorce Decree. The Divorce Decree must clearly state who has custody of the child. If there is joint custody, the Divorce Decree must clearly state that the child may leave the state or country that has jurisdiction over the case.

(4) Child, Adopted a. Birth Certificate

b.…