[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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