Attachment_13_Sofa_Clause.pdf

Procedure to Designate a US Contract/Invited Contractor under the US-ROK SOFA:

FKAQ 700-19 Tool Kit at http://www.usfk.mil/usfk/organization.fkaq.607

Designation as a US Invited Contractor (IC) or Technical Representative (TR) 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. In Korea SOFA Designation is a 2 STEP process. 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 at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil ). Coordinate contract performance in the ROK with this office 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. A copy of the SOFA may be accessed on-line at: http://www.usfk.mil/usfk/sofa

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

http://www.usfk.mil/Organization/AcquisitionManagement,FKAQ.aspx , or at http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/Publication_Records_Reg_USFK.htm

Contract SOFA designation requests must be made via email (STEP 1) to Ms. A Chong, Yim at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq-workflow@mail.mil or DSN 315-724-6162.

Individual IC/TR 700-19 applications/inquiries (STEP 2) must be submitted to Mihaela Smith at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil or DSN 315-724-6211. This contact information is subject to change.

STEP 1. The contracting officer must submit a request for contract SOFA designation (see attachment for format) to USFK/FKAQ. The contracting officer must review Article XV of the SOFA Agreement and USFK Regulation 700-19 for unique requirements for contract performance in the ROK.

Before non-Korean contracts can receive SOFA designation (and be legally permitted to perform in the ROK) at least one of four criteria must be met:

(1) Limitation of US law (rarely used)

(2) Security considerations

(3) Technical qualifications *

(4) Unavailability of materials or services in the ROK*

If citing exception (3) or (4), the contracting officer must insert in the "justification section" of the SOFA request memo the statement below verifying no Korean firm can perform the work.

(3) When using technical qualification as the justification exception in the SOFA request memo, use the following verbiage: "Market research was conducted and no one in Korea is technically qualified to perform this requirement."

(4) When using unavailability of service as the justification exception in the SOFA request memo, use this verbiage: "Market research was conducted and no one in Korea is able to perform this requirement."

* If you are citing (3) or (4) and the verbiage above is not stated, your contract SOFA request may not be approved.

http://www.usfk.mil/usfk/organization.fkaq.607 mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil http://www.usfk.mil/usfk/sofa http://www.usfk.mil/Organization/AcquisitionManagement,FKAQ.aspx http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/Publication_Records_Reg_USFK.htm mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq-workflow@mail.mil mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil

Along with the designation request, submit a copy of the applicable statement of work (SOW) or performance work statement (PWS), copy of the base contract and/or modification if the period of performance is extended.

In addition, ensure a SOFA clause is 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

* 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 the subject contract contains such language.

For contracts containing 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. *The individual contractors cannot have the emergency essential status if the contract does not have the USFK Wartime Clause included. A sample of the wartime clause is attached below.

USFK Wartime Clause

NOTE: (Please refer to the attachment above titled: *Request SOFA Designation.doc)) 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 contract designation through coordination with the ROK government. STEP 1 POC is Ms. A Chong, Yim at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq-wor@mail.mil or DSN 315-724-6162.

STEP 2. Upon initiating the Contract 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 Regulation 700-19 regarding the approval of each individual invited contractor. STEP 1 and STEP 2 must be completed before the performance starts in Korea.

STEP 2 -

CHECKLIST.docx

Sample RO Appointment Letter

The responsible officer (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. Use and fill in WORD or PDF format not both.

USFK Form 700-19A-R-E

USFK Form 700-19A-R-E

b. Letter of Accreditation signed by the head of the requiring activity. List one (1) IC and dependents. Each IC must be on separate Accreditation letter. REQUIRED FOR INITIAL AND

RENEWAL DESIGNATIONS

Accreditation letter.doc

NOTE: A child between the ages of 21-23 attending on-site and online courses on a full-time basis at one of the universities located in Korea, as well as a student attending online courses at universities other than those physically located in Korea, could qualify as a dependent. The child must be residing in Korea with the principal in order to qualify as a dependent. In order to show proof of residence in Korea, ROs shall submit copy of the dependent’s passport – picture and ALL stamped pages.

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

mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq-wor@mail.mil mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq-wor@mail.mil

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

USFK Form 217-E (Req for Ration Con

e. Most recent stamped 700-19 must be submitted for SOFA renewal designation request.

REQUIRED ONLY FOR RENEWAL DESIGNATIONS.

f. USFK Theater Specific Training must be completed and submitted. REQUIRED FOR INITIAL DESIGNATIONS and is valid for 36 months. See USFK Regulation 350-2 for additional information.

http://www.usfk.mil/Newcomers/Training.aspx

g. Picture page and ALL stamped pages of the passport must be submitted. Do not submit blank pages. REQUIRED FOR INITIAL DESIGNATIONS. Also required for change-in-data packet, if IC/TR, or dependents renew passport.

Each funded task/delivery orders (TO/DO) or funded modifications Exercising the next Option Year must be submitted with the 700-19's SOFA request package. 700-19 SOFA designation for each individual contractor (IC/TR) is restricted to the funded period of the contract (IDIQ: funding is provided at TO/DO level and shall be submitted with the packet).

Additional documents maybe required to meet the SOFA requirements as outlined in the USFK Regulation 700-19 and Article XV of the SOFA Agreement in meeting the US Ordinary residence requirement such as, and in order of preference: home mortgage/apartment lease agreements, household utility bills/statements (water, sewage, electric, gas), credit card statements listing LOCAL TRANSACTIONS, bank statements listing LOCAL TRANSACTIONS, cable, internet bills, tax returns, or any other documentation FKAQ deems necessary to determine eligibility for IC/TR status. With the exception of the passport, the requested documents must be from 3 different source documents from 3 different months all within the last 6 months. The documents may be redacted but must show at minimum name, address, usage, and date. Failure to provide the requested information, providing incomplete/inaccurate/untimely information, is a basis to deny an employee IC/TR status.

USFK/FKAQ will review the packet and complete Part III of USFK Form 700-19A-R-E - this process may take up to 10 days. STEP 2 POC is Mihaela Smith at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil or DSN 315-724-6211.

NOTE: Once the sponsoring agency (SA) receives the approved 700-19(s) from FKAQ, must have the trusted agent (TA) validate the IC/TR in the CVS/TASS system. FKAQ does NOT have access to TASS/CVS system. It is the SA and RO’s responsibility to have a TA on staff.

POC: Trusted Agent Security Manager (TASM) for the USFK J6 TASS site:

Mr. Raymond K. Koshi 1st Signal Brigade

DSN (315) 725-5108

Email: raymond.k.koshi.civ@mail.mil http://www.usfk.mil/Newcomers/Training.aspx mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil mailto:usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil mailto:raymond.k.koshi.civ@mail.mil