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 (??? ?? (????)), as certified and submitted to the ROK Supreme Court (???). In order to qualify as a Korean Contractor, the fourth block of the offeror's Certified Copy of Register [??? ?? (????)] 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 (?? ?? ?? ???), as certified and submitted to the ROK Local Tax Office (???). The prime contractor's Stock Change Certificate (?? ?? ?? ???) 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 (????? (????)) as certified and submitted to the ROK Supreme Court (???). 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 (??? ?? (????)) 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: W91QVN23R0037 Page 4 of 46 ? Business Registration (??? ???) ? Basic Certificate - detailed version (?? ???-??) ? Certificate of Business Fact (???????) (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.