Question Response to vendor questions for MRI.docx

Q&A for Mobile MRI received 8 December 2010 Question:

Please Confirm which entity is the contracting party for this agreement Response: Dept of Defense, United States Air Force – (48 Contracting Squadron, RAF Lakenheath).

Question:

Please confirm why it is proposed agreement be subject to US law when the services are being provided in the United Kingdom and are likely to be provided by a contractor incorporated under the laws of England and Wales.

Response: The monies for U.S. Federal contracts are provided through tax payer dollars. Since we use tax payer dollars, Congress mandates that U.S. Law takes precedence when establishing a federal contract. However, certain local laws apply to the contract and contractor. For example, contractors must uphold local Labor Laws, Environmental Laws, etc. See clauses 52.229-6 Takes Foreign Fixed Price; 252.223-7001 Compliance with Local Labor Laws (Overseas); 252.229-7006 Value Added Tax Exclusion (United Kingdom); 252.229-7008 Relief From Import Duty (United Kingdom); 252.232-7008 Assignment of Claims (Overseas); 252.233-7001 Choice of Law (Overseas). Please seek guidance through your companies’ legal advisors for further clarification.

Question:

Please provide each of the clauses which are stated to be incorporated by reference.

Response:

There are many clauses and provisions that are included by reference and therefore, it would be very cumbersome and time consuming to get in print or electronic data with all the referenced clauses and provisions. Please review the clauses and provisions at the following website:

http://farsite.hill.af.mil/vffara.htm All Federal Acquisition Regulation (FAR) clauses and provisions start with a 2 digit number (Example: 52.212-1), All Defense Federal Acquisition Regulation (DFAR) clauses and provisions start with a 3 digit number (Example: 252.229-7006), and all Air Force Federal Acquisition Regulation (AFFARS) clauses and provisions start with a 4 digit number (Example: 5352.229-7006).

Question:

What are the MTF Infection and Control procedures referred to in the PWS section 4.2.4.6.

Response:

Please see attached document for infection control procedures.

In relation to the processing of personal data, what are the data deliverables and if the contract is awarded to a UK company, they must adhere to the provisions of the Data Protection Act of 1998, will that in any way conflict with the terms of the contract?

Response:

The Data Protection Act of 1998 will not conflict with any terms of the contract. The deliverable item required by this contract is a CD that will be delivered to the Medical Group at RAF Lakenheath and will not pose any conflict with the transfer of personal data outside the European Economic Area provision. The Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the Privacy Act of 1974 are the United States regulations that are similar to the Data Protection Act of 1998 and the respective contractor will need to ensure that they are compliant with the HIPAA, and Privacy Act as well as the Data Protection Act concurrently.

Question:

Please confirm what contractual provisions will be set out in the contract to ensure that neither party to the agreement is liable to the other for any delay or non-performance of its obligations under the agreement to the extent that the non-performance is due to a force majeure event.

Response:

Please see FAR Clause 52.212-4(f) Excusable Delays.

Question:

Please provide summary of the implications of clause 52.228-3 (Worker’s Compensation Insurance).

The United Kingdom Employees Liability of £5M meets this requirement.

Please provide the information referred to under 5352.223-9001(a)(2) health and safety rules of the Government Installation that concern related activities not directly addressed in this contract.

Response:

Please see the attached document with the health and safety rules of the Government Installation.

Question:

Please clarify the relevance of the Health Insurance Portability and Accountability Act.

Response:

The Health Insurance Portability and Accountability Act will be in line with the Local British Data Protection Act of 1998. This is relevant because it applies to every person that will be treated on RAF Lakenheath. Our Hospital is certified by US Joint Commission and therefore must follow all HIPAA, Privacy Act, and UK Data Protection Act.

Question:

The overall liability under the contract will be what amount?

For the overall liability insurance please see the terms and conditions set for the in FAR Clause 52.237-7.