[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Rules and Regulations]
[Pages 18053-18054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8395]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1842 and 1852


Emergency Medical Services and Evacuation

AGENCY: Office of Procurement, Contract Management Division, National 
Aeronautics and Space Administration (NASA).

ACTION: Proposed rule adopted as final with changes.

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SUMMARY: This is a final rule amending the NASA Federal Acquisition 
Regulation Supplement (NFS) to add a prescription and clause requiring 
contractors to make all arrangements for emergency medical services and 
evacuation for its employees when performing a NASA contract outside 
the United States or in remote locations in the United States. The 
clause also requires contractors to reimburse the Government for costs 
that are incurred in cases when the Government is requested by the 
contractor, and the Government agrees to provide the medical services 
or evacuation.

EFFECTIVE DATE: April 5, 2001.

FOR FURTHER INFORMATION CONTACT: Louis Becker, NASA Headquarters, 
Office of Procurement, Contract Management Division (Code HK), 
Washington, DC 20546, telephone: (202) 358-4593, e-mail to: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NASA is adopting as final, with changes, the proposed rule 
published in the December 7, 2000, Federal Register (65 FR 76600-
76601). This final rule sets forth a prescription and clause requiring 
contractors to make all arrangements for emergency medical services and 
evacuation, if necessary, for their employees when performing a NASA 
contract outside the United States or in remote locations in the United 
States. The clause also requires contractors to reimburse the 
Government for costs incurred by the agency in those cases when the 
Government is requested and it agrees to provide the medical services 
or evacuation. This final rule is in response to cases where contractor 
employees required emergency medical services and evacuation while 
performing on NASA contracts outside the United States. Although not 
responsible for providing the emergency medical or evacuation services, 
NASA believed the interests of the contractor employees were paramount. 
However, this resulted in situations where NASA incurred significant 
costs, which ultimately were reimbursed by the contractor, but possibly 
could have been disputed. One comment was received in response to the 
proposed rule. The comment was considered in formulation of this final 
rule. One change is made in this final rule to clarify that the 
contractor's responsibility includes the cost of arranging for the 
emergency medical services or evacuation.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small businesses within the 
meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
because there are few contracts awarded to small businesses involving 
contract performance outside the United States or in remote locations 
in the United States.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the NFS do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

[[Page 18054]]

List of Subjects in 48 CFR Parts 42 and 52

    Government procurement.

Lynn Bailets,
Acting Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1842 and 1852 are amended as follows:
    1. The authority citation for 48 CFR Parts 1842 and 1852 continues 
to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).

PART 1842--CONTRACT ADMINISTRATION AND AUDIT PROCEDURES

    2. Amend Part 1842 by adding section 1842.7003 to read as follows:


1842.7003  Emergency medical services and evacuation.

    The contracting officer must insert the clause at 1852.242-78, 
Emergency Medical Services and Evacuation, in all solicitations and 
contracts when employees of the contractor are required to travel 
outside the United States or to remote locations in the United States.

    3. Amend Part 1852 by adding section 1852.242-78 to read as 
follows:

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.242-78  Emergency Medical Services and Evacuation.

    As prescribed in 1842.7003, insert the following clause:

Emergency Medical Services and Evacuation--April 2001

    The Contractor shall, at its own expense, be responsible for 
making all arrangements for emergency medical services and 
evacuation, if required, for its employees while performing work 
under this contract outside the United States or in remote locations 
in the United States. If necessary to deal with certain emergencies, 
the Contractor may request the Government to provide medical or 
evacuation services. If the Government provides such services, the 
Contractor shall reimburse the Government for the costs incurred.

(End of clause)

[FR Doc. 01-8395 Filed 4-4-01; 8:45 am]
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