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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: December 7, 2000

FROM: Barry McVay, CPCM

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Emergency Medical Services and Evacuation

SOURCE: Federal Register, December 7, 2000, Vol. 65, No. 236, page 76600

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: NASA is proposing to add NFS 1852.242-78, Emergency Medical Services and Evacuation, which would require 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 contractor would be required to reimburse the government for costs that are incurred by the government when the contractor requests emergency medical or evacuation services.

DATES: Comments should be submitted on or before February 5, 2001.

ADDRESSES: Submit comments to Joseph Le Cren, NASA Headquarters, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546, or by e-mail to: jlecren@hq.nasa.gov.

FOR FURTHER INFORMATION CONTACT: Joseph Le Cren, 202-358-0444, or e-mail: jlecren@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: There have been several instances in which contractor employees were required to receive emergency medical services and be evacuated while performing on NASA contracts outside the United States. Although NASA was not responsible for providing the emergency medical or evacuation services, NASA believed that the interests of the contractor employees were paramount. Nevertheless, NASA incurred significant costs in providing the emergency medical or evacuation services. While these expenses were ultimately reimbursed by the contractor, they could possibly have been disputed. Therefore, NASA desires to eliminate such situations which could have a significant adverse financial impact on the agency.

This proposed rule would add NFS 1842.7003, Emergency Medical Services and Evacuation, which would require the inclusion of NFS 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. The text of NFS 1852.242-78 would be as follows:

"The Contractor shall 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."

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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