MARFOR-K NTVs

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) This solicitation is conducted under the LCS program and will result in a contract between the
Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No
appropriated funds of the United States (US) shall be obligated for payment due under a contract
resulting from this solicitation.
(b) In accordance with the International Agreement between the US and ROK, titled “Implementation
Arrangement for the Special Measures Agreement” (hereinafter “International Agreement”), signed by the
parties in 2019:
The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and
that all equipment and supplies that are to be acquired with ROK Government funds shall be
manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the
Korea Railroad Corporation, or the ROK military.
The term ‘Korean contractor” in implementing the LCS program in Section V, Paragraph 3 (of the 2019
SMA IA) is defined as follows:
1. An entity, that, including its parent, is a domestic corporation under the Korean Corporation Tax Act and
whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is
defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another
company, as reflected in the Stock Change Certificate; or
2. An individual who has Korean nationality.
(c) In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below
with their proposal prior to the closing date/time established in the solicitation. The contracting officer will
determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.
(1) Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부 등본
(유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a
Korean Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)]
must state an address that is physically located in the Republic of Korea.
(2) Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change
Certificate (주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The
prime contractor’s Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the
prime contractor has a Parent (as defined in the International Agreement extract above).
(3) If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of Register
(등기부등본 (유효사항)) as certified and submitted to the ROK Supreme Court (대법원). In order for the
Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Certified
Copy of Register (등기부 등본 (유효사항)) must state an address that is physically located in the Republic
of Korea.
(4) To validate if an individual is “Korean nationality”, the following documents shall be submitted:
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 Business Registration (사업자 등록증)
 Basic Certificate –detailed version (기본 증명서-상세)
 Certificate of Business Fact (사업사실증명서)
(Issued by National Tax Service showing partnership/owners, shares, and date when the business was
jointly owned)
(d) To summarize the requirements stated above:
(1) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a
Korean Contractor: 1) Offeror's Certified Copy of Register, and 2) Offeror's Stock Change Certificate.
(2) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean
Contractor: 1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's
Certified Copy of Register.
(3) An Offeror that does not have Stock Change Certificate will submit: 1) Business Registration, 2) Basic
Certificate, and 3) Certificate of Business Fact.