A.2.11.3.1_Amd01-W912UM18R0017.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

a. This amendment is to revise performance w ork statement(PWS). Please submit your quotation in accordance w ith a revised PWS, dated 30 July 2018.

b. The request for quotation(RFQ) closing date and time is not changed.

c. All other terms and condition remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 30-Jul-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912UM18R0017

X 9B. DATED (SEE ITEM 11)

17-Jul-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

30-Jul-2018

CODE

CONTRACTING DIVISION

U.S. ARMY CORPS OF ENGINEERS

FAR EAST DISTRICT

UNIT #15546

APO AP 96205-5546

W912UM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912UM18R0017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

Performance Work Statement (PWS) Global Combat Support System – Army (GCSS-A)

13 July 2019

Revision: 30 July 2018

1. DESCRIPTION OF SERVICES

1.2 Background. The Global Combat Support System – Army (GCSS-A) is one program with two components. The first component, is an automated information system that serves as the primary tactical and non-tactical logistics enabler supporting Army and Joint transformation for sustainment. The program re-engineers current business processes to achieve end-to-end logistics and integration with command and control (C2) and Joint systems. The second component formerly known as Standard Army Maintenance System – Enhanced (SAMS-E) product lifecycle is no longer applicable for integrated Army business functions. GCSS-A is a commercial off-the-shelf Enterprise Resource Planning System (ERPS) software product to support rapid force projection in battlefield functional areas of maintenance, sustainment and non-tactical logistical financial processes. Current workforce consist of local national (LN) employees of which 90% do not speak perfect English. Other LN employees will be used as interpreters when needed.

1.3 Non-Personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

1.4 Objective and Scope. The objective of this contract is to provide on-site subject matter expertise in Global Combat Support System-Army (GCSS-A), in order to provide guidance the Transportation Branch of Logistic Management Transportation (LMT), Far East District (FED) in transitioning from manual forms to using the full functionality GCSS-A.

1.5 Specific Tasks and Requirements. The contractor shall guide the LMT by providing operating expertise in the GCSS-Army system. The contractor shall complete the following tasks:

1.5.1 TASK 1 – Transition from manual forms to GCSS-A. The contractor shall provide the following:

o Technical Expertise. The contractor shall provide a representative that is experienced in the operational functions within the GCSS-A system pursuant to the requirements of this PWS. The contractor shall provide, and clarify information that explains the purpose and how to perform the relative actions in each of the GCSS-A functional areas:

Data analysis Data cleansing Maintenance management Property accountability Asset management Readiness Reporting Inventory receipts Repair parts management

• Troubleshooting. The contractor shall provide over the shoulder training for the

LMT in help desk ticket submissions consisting of the following:

o GCSS-A Operation Function. An example of an operation function trouble ticket is as follows but is not limited to:

o Need to add ZA3 for W2SN01 Maintenance AA access to W2SN01

Master Driver to allow for movement of personnel.

o The contractor shall assist and support the LMT in reporting system shortfalls such as system errors, equipment management and supply updates.

1.5.2 TASK 2 – Training on the use of GCSS-A. The contractor shall support the government in the following areas:

• Over the Shoulder Support Training (OTSS). The contractor shall provide the over the shoulder training to the workforce. The contractor shall document the number of OTSS needed for each employee, as well as the purpose behind the OTSS required.

• Status updates. The contractor shall provide weekly documentation on each employee progress with GCSS-A submitted to the LMT Chief. Weekly reports shall include an evaluation on how each employee is progressing in their abilities to operate the various functions within GCSS-A as well as the number of OTSS needed for each employee.

2. Qualifications. Contractor shall have and provide to the evaluation team a certificate of completion for GCSS-A. Access to GCSS-A will be provided.

3. Period of Performance. 90 days period of performance begins once the contractor has arrived at duty location. Contractor shall arrive at duty location no later than 60 days from date of award of this contract.

4. Hours of operations. The normal business hours window is between 0730 and 1630, Monday through Friday, except for the observed holidays addressed below. The contractor will be expected to work on all other days and will provide troubleshooting support services addressed in section 1.4.1 at offsite locations if they are unable to enter closed government facilities.

5. Observed Holidays. The contractor is not required to provide service on the following days:

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

• New Year’s Day

6. Government Furnished Property (GFP)

6.2 The government will provide contractor personnel with a laptop computer for use within

Camp Humphreys. See attachment A. The contractor shall supply all office supplies. The contractor shall safeguard government property provided. At the close of each work period, government facilities, property, and materials shall be secured. The contractor shall develop and establish procedures for securing facilities provided.

6.3 All documentation provided as part of this contract shall remain government property and shall be returned to the government at the end of the period of performance. The contract point of contact (POC)/Contracting Officer’s Representative (COR) will periodically inspect and inventory government property in relation to this PWS, and provide information and results to the Contracting Officer.

7. PERFORMANCE REQUIREMENT SUMMARY

All surveillance observations will be recorded by the Contracting Officer’s Representative

(COR).

Performance Objective PWS Paragraph

Acceptable Quality Level

(AQL)

Method of Surveillance

Contractor shall actively participate in hands on training as well as provide sound business assessment.

1.5.1 Participate in

100% of the training

Random

Contractor shall provide assistance in resolving help desk ticket submissions for LMT.

1.5.1

Maintain 100% accuracy with no more than 3 follow up for errors

Random

Progress is anticipated to be achieved by a reduction of OTSS by target employees ensuring that they gain a greater ability to work without assistance.

1.5.2 100% compliance Every 30 days a training assessment with be evaluated to ensure all requirements are being met.

Contractor shall provide status updates of employee progress and ensure workforce progression

1.5.2 100% compliance Weekly

8. LMT point of contact is as follows:

CEPOF-LMT

James A. Greene, Chief of Transportation Office Tel: 0503-321-6498 E-mail: jaymes.a.greene@usace.army.mil

9. Deliverables. The contractor shall provide the following deliverables:

o Work Plan Submission 7 days after award. The Work Plan submission shall provide the approach the Offeror will utilize to achieving the objectives of this requirement.

o Provide the following Status of Forces Agreement (SOFA) documents and their associated submittals ten (10) days after award:

o USFK_Form 700-19A o IC Questionnaire o Initial SOFA Application o Residence Memo o Travel Log

SOFA application documents will be provided to the contractor after award.

o Weekly status report on workforce progression with comprehending GCSS-A.

10. General Information

10.2 Access to FED.

10.2.1 CAC Requirements: The Common Access Card (CAC) is the Department of Defense

(DOD) Federal Personal Identity Verification (PIV) credential. In accordance with mailto:jaymes.a.greene@usace.army.mil

Directive Type Memorandum (DTM) 08-003, December 1, 2008, incorporating Change 5, October 8, 2013, Initial issuance of a CAC requires at a minimum, the completion of fingerprint check with favorable results reflecting "No Record" and submission of a National Agency Check with Inquiries (NACI) to the Office of Personnel Management (OPM), or a DoD-determined equivalent investigation. The issuance of a CAC will be based on four criteria; (a) eligibility for a CAC; (b) verification of DoD affiliation from an authoritative data source; (c) completion of background vetting requirements according to the Federal Information Processing Standards Publication 201-1, Personal Identity Verification (PIV) of Federal Employees and LNOs, March 2006, and DOD Regulation 5200.2-R, Department of Defense Personnel Security Program, January 1987, and (d) verification of a claimed identity. CAC eligible personnel must be registered in the Defense Enrollment Eligibility Reporting System (DEERS) through either an authoritative personnel data feed from the appropriate Service or Agency or Trusted Associate Sponsorship System (TASS).

10.2.2 Background Investigation Requirements: The LNO will ensure Common Access Cards (CACs) are obtained by LNO personnel assigned to work on the Government site and by personnel requiring access to a DoD network (and other eligible populations as specified in DTM-08-003 Attachment 3, paragraph 3a.) are required to, at a minimum, have received a favorable fingerprint check and must have submitted to the Office of Personnel Management (OPM) a National Agency Check with Inquiries (NACI) or equivalent/higher investigation. It is the responsibility of the LNO to ensure that all employees requiring an initial background investigation complete a Personnel Security Investigation Portal (PSIP) form at attachment (TBD), at the earliest possible date and that this form is forwarded to the COR immediately. The COR will review the form for completeness and accuracy and forward to the Personnel Security manager who will initiate the investigation process via the PSIP. LNO personnel will then receive two e-mail messages; the first will confirm that the request has been received by the Office of Personnel Management, and the second will provide instructions for the completion of the appropriate form via the Electronic Questionnaires for Investigations Processing (e-QIP) system. Upon completion of the e-QIP questionnaire and submittal of all required documents, including fingerprint card to the security manager, the BI will be initiated. The LNO shall ensure all instructions regarding background investigation processing, including those provided verbally, by e-mail or via a Government system are complied with immediately. The LNO is cautioned that the entire process from submittal of the PSIP form to return of the fingerprint check may routinely take from 2-6 weeks and shall factor this lead time into its hiring/placement process. The LNO shall make all reasonable efforts to ensure that He/ She meets CAC eligibility standards upon assignment to the contract and shall be held responsible for delays, failure to meet performance requirements or decreases in efficiency in accordance with the applicable inspection clause.

10.2.3 Trusted Associate Sponsorship System (TASS): The LNO is responsible for processing applications for Common Access Cards (CAC) for his/ hers contract who deploys with the military force OR who has need to access any government computer network in accordance with FAR 52.204-9, "Personal Identity Verification of LNO Personnel.

10.2.4 The LNO is responsible for managing requests for new or renewal CAC cards in sufficient time to ensure that he or she have them when needed to perform work under this contract. The norm is at least ten calendar days advance notice to the Trusted Agent (TA), unless there are extenuating circumstances approved by the Contracting Officer's Representative (COR) or Contracting Officer.

10.2.5 The LNO shall obtain an Army Knowledge Online (AKO) email address for each applicant, including LNOs, who may be deployed or require logical access to a government computer network. This can be done by going to:

http://www.us.army.mil and register as an "Army Guest," with the sponsor being the COR or a COR designated individual if the COR is ineligible to Serve as an AKO Sponsor. Note: If an employee of a LNO loses the Privilege to access AKO, they lose the ability to renew their CAC. Therefore it is critical that LNO employees maintain their AKO accounts.

10.2.6 A Security Officer (SO) shall be designated to serve as your firm's single point of contact for Background Investigation (BI), the TASS application process and other CAC and security related matters. If a SO is not established, each LNO employee requiring a CAC will be required to process their own applications.

10.2.7 CAC applications shall be processed through the TASS. The LNO's shall submit requests for a CAC via email to the designated TASS Trusted Agent (TA) before accessing the TASS website. The TASS TA for this requirement will be:

10.2.7.1 The government will establish a TASS application account for each CAC Request and will provide each LNO a USER ID and Password, via email, to the SO. The SO or LNO employee shall access the TASS account and complete the CAC application (entering/editing LNO information as applicable) at: https://www.dmdc.osd.mil/tass/.

10.2.7.2 The SO or LNO will submit completed applications in TASS and will follow up to ensure that the TA is processing the request.

http://www.us.army.mil/ https://www.dmdc.osd.mil/tass/

10.2.7.3 A CAC cannot be issued without evidence that the SO has initiated a

National Agency Check with Written Inquires (NACI).

10.2.7.4 The Government will inform the LNO applicant, via email, of one of the following:

10.2.7.4.1 Approved.* Upon approval, the information is transferred to the Defense Enrollment Eligibility Reporting System (DEERS) database and an email notification is sent to the LNO with instructions on obtaining their CAC.

The LNO proceeds to a Real-Time Automated Personnel Identification System (RAPIDS) station (RAPIDS Site Locator:

http://www.dmdc.osd.mil/rsl/).

10.2.7.4.2 Rejected.* The Government, in separate correspondence, will provide reason(s) for rejection.

10.2.7.4.3 Returned. Additional information or correction to the application required by the LNO employee.

*The LNO shall maintain records of all approved and rejected applications.

10.2.7.5 At the RAPIDS station, the RAPIDS Verification Officer will verify the LNO by SSN and two forms of identification. Identity source Documents must come from the list of acceptable documents included in Form I-9, OMB No.

115-0136, "Employment Eligibility Verification." Consistent with applicable law, at least one document from the Form I-9 list shall be a valid (unexpired) State or Federal Government-issued picture identification (ID). The Identity documents will be inspected for authenticity and scanned and stored in the DEERS upon issuance of an ID. The photo ID requirement cannot be waived, consistent with applicable statutory requirements. The Verification Officer will capture primary and alternate fingerprints, picture, and updates to DEERS and will then issue a CAC.

10.2.7.6 Issued CACs shall be for a period of performance not longer than 120 days or the individual's contract end date (inclusive of any options), whichever is earlier.

10.2.7.7 The LNO shall return issued CAC's to the DEERS office upon departure or dismissal of each LNO employee. Obtain a receipt for each card and provide to the TA/COR.

http://www.dmdc.osd.mil/rsl/

10.3 Access to FED Network.

10.3.1 Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the AEI. LNO employee shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. LNO employee shall:

10.3.1.1 Comply with the command's Acceptable Use Policy (AUP) for Government owned IS and sign an AUP prior to or upon account activation.

10.3.1.2 Complete initial and/or annual Information Assurance (IA) training as defined in the IA Best Business Practices (BBP) traininghttps://informationassurance.us.army.mill.

10.3.1.3 Mark and safeguard files, output products, and storage media per classification level and disseminate them only to individuals authorized to receive them with a valid need to know.

10.3.1.4 Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements.

10.3.1.5 Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

10.4 Required Training. In addition to the training identified in section 10.3.1.2, the following training is required:

10.4.1 Information Assurance (IA)/Information Technology (IT) Training: All LNOs shall complete the DoD IA Awareness Training before issuance of network access and annually thereafter. All LNO employees performing services involving IA/IT functions shall comply with DoD and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of the start of contract performance.

In accordance with DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, LNO performing services supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M shall be completed upon contract award.

10.4.2 Information Awareness: All LNO with access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) (https://atc.us.army.mil/iastar/index.php) prior to commencement of services, and shall successfully complete the DOD Information Assurance awareness training prior to access to the IS and then annually thereafter. (https://ia.signal.army.mil/DoDIAA/).

https://informationassurance.us.army.mill/ https://atc.us.army.mil/iastar/index.php https://ia.signal.army.mil/DoDIAA/

10.4.3 OPSEC Training. In accordance with AR 530-1, Operations Security, new LNO employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The LNO shall submit certificates of completion for each affected LNO employee, to the COR, or to the KO if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available at http://cdsetrain.dtic.mil/opsec/.

10.5 Security Requirements. Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay.

This cannot be predicted or prevented. The LNO are not compensated for unexpected closures or delays. Vehicles operated by LNO personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the LNO employee’s installation driving privileges.

10.5.1 The contractor shall become familiar with and obey the regulations of the installation;

including fire, traffic, safety and security regulations while on the installation. The LNO employees should only enter restricted areas when required to do so and only upon prior approval. The LNO employee shall carry proper identification with them at all times. The LNO shall ensure compliance with all regulations and orders of the installation which may affect performance.

10.5.2 The LNO shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The LNO shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The LNO shall ensure compliance with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in LNO security matters or processes.

10.5.3 COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations.

DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations.

Therefore, the LNO is advised that any time LNO place or receive a call they are subject to COMSEC procedures. The LNO shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The LNO shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

10.5.4 Protection of Personally Identifiable Information (PII). The LNO shall protect all Personally Identifiable Information (PII) encountered in the performance of services in accordance with DFARS 224.103 and DoDD 5400.11, Department of Defense http://cdsetrain.dtic.mil/opsec/

Privacy Program, and DoD 5400.11-R. If a PII breach results from the LNO’s violation of the aforementioned policies, the LNO shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who’s PII has been compromised.

10.5.5 Physical Security. The LNO shall safeguard all Government property provided for LNO use. At the close of each work period, Government facilities, equipment and materials shall be secured.

10.6 Contracting Officer’s Representative. The COR is a representative(s) of the contracting officer and will participate in the administration of this contract. Subsequent to contract award, the identity of the COR(s), with a brief list of their duties and authority will be promptly furnished to the successful bidder/offeror.

10.6.1 The COR(s) or alternate(s) will inform the contractor when discrepancies occur and will request corrective action. The COR(s) or alternate(s) will make a notation of the discrepancy on their tally/surveillance report with the date and time the discrepancy was noted and will request the contractor to initial the entry on the report.

10.6.2 Any matter concerning a change to the scope, price, terms or conditions of this contract shall be referred to the Contracting Officer and not to the COR(s).

10.6.3 The services to be performed by the contractor during the period of this contract at all times and places shall be subject to review by the Contracting Officer or authorized representative(s).

10.6.4 Government personnel, other than COs and COR/s may from time-to-time, with CO coordination, observe contractor operations. However, these personnel may not interfere with contractor performance.

10.7 Conservation of Utilities. When working at Camp Humphreys, the contractor shall be responsible for operating under conditions that prevent the waste of utilities. The contractor shall be responsible for operating under conditions that prevent the waste of utilities, which include the following:

• Lights shall be used only in areas where and when work is actually being performed.

• Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by the contractor or by contractor employees unless authorized.

• Water faucets or valves shall be turned off after the required use has been accomplished.

• Government telephones shall be used only for official government business.

10.8 Freedom of Information Act (FOIA)/Privacy Act. All official Government records affected by this contract are subject to the provisions of the FOIA and Privacy Act. Any request received by the Contractor for access/release of information from these records to the public (including Government/Contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

10.9 CONTRACTOR MANPOWER REPORTING (CMR). The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site.

The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract/task order performance. Contractors may direct questions to the help desk at help desk at:

http://www.ecmra.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at http://www.ecmra.mil/.

10.10 Workers Compensation Insurance (DBA).

The U.S. Army Corps of Engineers (USACE) has a blanket waiver for Republic of Korea (ROK) waiving Defense Base Act (DBA) Insurance coverage. However, this waiver does not apply to any employee who is hired in the U.S., is a resident of the U.S., or is a citizen of the U.S.

Cost of Defense Base Act Insurance (DBA):

Contractor shall procure DBA insurance coverage commercially from a Department of Labor (DOL) authorized insurance carrier unless the Contractor is under self-insured employers authorized by the DOL. The DOL table of authorized carriers and self-insured employers is available at:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

PWS ATTACHMENT A

PWS Attachment A Government Furnished Property Equipment Description Qty Location Dell Latitude E 7450 Tag # DDWR182 1 Office

STATUS OF FORCES AGREEMENT

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 http://www.ecmra.mil/ http://www.ecmra.mil/ http://www.ecmra.mil/ http://www.dol.gov/owcp/dlhwc/lscarrier.htm

(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 #15289, APO AP 96205-5289.

(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)

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 http://www.usfk.mil/ 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.

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(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—

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(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

SOFA Contract Clause ______ 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)

(End of Summary of Changes)

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS