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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: April 5, 2001

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

SOURCE: Federal Register, April 5, 2001, Vol. 66, No. 66, page 18053

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

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

EDITOR'S NOTE: For more on the proposed rule, see the December 7, 2000, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Emergency Medical Services and 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; 202-358-4593; e-mail: lbecker@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: On December 7, 2000, NASA published a proposed rule to add NFS 1852.242-78 because there had 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.

The proposed rule would have added NFS 1842.7003, Emergency Medical Services and Evacuation, to require the inclusion of NFS 1852.242-78 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 proposed text of NFS 1852.242-78 was 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."

One comment was received. As a result, the proposed rule is adopted as final except that the first sentence is changed to add the words "at its own expense", so that it now reads: "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." This change clarifies that the contractor's responsibility includes the cost of arranging for the emergency medical services or evacuation.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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