36C24118R0072-006.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24118R0072 X 04-19-2018 None Department of Veterans Affairs Network Contracting Office 1 VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester

NH

03104 Department of Veterans Affairs Network Contracting Office 1 VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester

NH

03104 Richard Coutermarsh 603-626-6525 THIS SOLICITATION IS 100% SET ASIDE FOR Service Disabled Veteran Owned Small Business Best Value Construction - Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Contract for Lead Paint Remediation at VISN 1 Facilities (Boston which consists of Jamaica Plains, West Roxbury, and Brockton), Bedford, MA, Northampton, MA, Augusta, ME, Manchester, NH, White River Junction, VT, Providence, RI, West Haven and Newington, CT.

Award Period Five (5) Calendar Years

NAICS Code 562910 ($20.5 Million) is the Small Business size standard. The Government intends to award a minimum of Three (3) individual IDIQ Contracts providing sufficient qualified contractors present offers.

Contractor shall provide all labor, material, tools, apparatus, equipment, transportation, supervision, licenses, and disposal necessary for Lead Paint Abatement for the VA Medical Centers throughout New England in accordance with all local, state, and federal regulations, the statement of work, applicable wage rates, applicable sections of the master specifications, and terms and conditions incorporated herein.

Prior to the award of any resulting task order against this IDIQ Contract, an RFQ/RFP will be issued to the awarded contractor(s) for the awarded facilities with a statement of work, applicable sections of the master specifications, and applicable wage rates.

Solicitation and all information, notice, amendment for this requirement will be posted at http://www.fbo.gov.

The maximum value of each contract will not exceed $1.5 million over the life of the contract.

52.211-10 X Per Task Order four (4)

1:00 PM EST

05-18-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See attached pricing schedules for each sample project Department of Veterans Affairs Network Contracting Office 1 VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester

NH

03104 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 STATEMENT OF WORK

Department of Veterans Affairs

VA NEW ENGLAND Healthcare System (VISN 1)

LEAD PAINT REMOVAL, DISPOSAL AND OTHER LEAD WORK

A. GENERAL

1. Title of Project: Routine and emergency response for interior and exterior lead-based paint (LBP) removal, remediation, stabilization, disposal and “Other Lead Work” as defined in Section 5 (hereinafter “Lead Paint Removal, Disposal and Other Lead Work”); and incidental repainting and repair services to restore building components damaged during the course of this work; for the Department of Veterans Affairs, VA New England Healthcare System, Veterans Integrated Service Network 1 (VISN 1), all locations as applicable.

2. Scope of Work: Provide routine and emergency response Lead Paint Removal, Disposal and Other Lead Work at the following VISN 1 facilities including:

(1) VA Medical Center, White River Junction, Vermont;

(2) VA Medical Center, Manchester, New Hampshire;

(3) VA Central Western Massachusetts, Northampton, Massachusetts;

(4) Edith Nourse Rogers Veterans Memorial Hospital, Bedford, MA;

(5) VA Boston Health Care System, MA, including the Brockton Campus, the Jamaica Plain Campus, and the West Roxbury Campus;

(6) VA Medical Center, Providence, RI;

(7) VA Connecticut Health Care System, including the West Haven Campus, and the Newington Campus;

(8) Togus VAMC, ME;

(9) VA-owned Community Based Outpatient Clinics (CBOCs) and Outpatient Clinics located within VISN 1;

(10) VA-owned Vet Centers and Community Care Centers.

3. For purposes of this contract, “days” means Federal working days (Federal holidays excluded) unless calendar days is expressly specified in a Task Order, “routine response” is defined as commencing Lead Paint Removal, Disposal and Other Lead Work on regular Federal government business days within seventy-two (72) hours of issuance of notice to proceed from the VA Contracting Officer. “Emergency response” is defined as commencing an on-site assessment within two (2) hours, 24 hours per day, 7 days per week, 365 days per year (except 366 days for leap years) of receipt of an emergency response request from the VA Contracting Officer. Commencing on-site mitigation(e.g., lead dust suppression), Lead Paint Removal, Disposal and/or Other Lead Work may be required immediately following an emergency response on-site assessment when required by the Government, in which case the Contractor has an additional two (2) hours to mobilize materials, equipment and personnel to the VA Medical Center and commence work.

The Contractor and any subcontractors performing under this contract shall provide all labor and materials including tools and apparatus, equipment, supervision; applicable accredited training certificates, State licenses; regulatory permits and notifications, transportation and waste disposal necessary to perform Lead Paint Removal, Disposal and Other Lead Work at VISN 1 facilities.

LBP Removal, Disposal and Other Lead Work at VISN 1 facilities must follow the VA Office of Construction and Facilities Management (CFM) Technical Information Library (TIL) PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, Section 01 35 26, SAFETY REQUIREMENTS and Division 02 – Existing Conditions, Section 02 83 33.13 LEAD-BASED PAINT REMOVAL AND DISPOSAL, in addition to applicable Federal and State Occupational Safety and Health Administration (OSHA) regulations including but not limited to 29 CFR 29 CFR 1926.62 (Lead-in-Construction), Federal and State Environmental Protection Agency (EPA) regulations, and local environmental and public health regulations.

All lead workers and lead supervisors shall have also completed 16-hour Class III Asbestos Worker Training when removing asbestos-containing window caulking in window frames coated with LBP. Additional OSHA and Federal and/or State EPA training on polychlorinated biphenyls (PCBs) is also required when window caulking is contaminated with PCBs above the federal or state regulatory threshold.

All lead waste, recycling and hauling firms; and all hazardous waste transfer stations, hazardous waste treatment, storage and disposal facilities (TSDFs) and lead recycling facilities performing under this contract shall at all times throughout the Period of Performance (PoP) possess all applicable Federal, State and local regulatory approvals, permits and/or licenses; and each lead waste transporter, treatment or disposal facility and lead recycling facility shall be approved in advance in writing by the VA COR.

4. Background: VA Healthcare Facilities within VISN 1 have consolidated requirements for Lead Paint Removal, Disposal, Other Lead Work and incidental repainting and repairs to include hospitals, outpatient clinics, administrative, laboratory, boiler plants, chiller plants, maintenance, support and research buildings, ancillary structures and other real property identified by the Government. Properties located on the grounds at each facility and off campus perform clinical, administrative and support functions.

Construction in clinical spaces, including Lead Paint Removal, Disposal and Other Lead Work, may require job-specific Infection Prevention and Control practices and procedures as determined by the Pre-Construction Infection Control Risk Assessment (PICRA) developed by the VA and provided in the Task Order. For off-campus properties (e.g., VA-owned CBOCs), the Contractor shall be capable of providing services for more than one city/town and county in each state (RI, MA, CT, ME, NH and VT) to include all territorial boundaries and political subdivisions within each state.

5. Definitions:

ABIH – American Board of Industrial Hygiene. 6015 W. St. Joseph, Suite 102, Lansing, MI 48917, 517-321-2638. Certifies professional industrial hygienists in the comprehensive practice of industrial hygiene, i.e., Certified Industrial Hygienist (CIH). www.abih.org.

ACGIH – American Conference of Governmental Industrial Hygienists. 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, 513-742-2020. www.acgih.org.

AHERA - Asbestos Hazard Emergency Response Act, 40 CFR PART 743.

AIHA – American Industrial Hygiene Association. 3141 Fairview Park Dr., Suite 777, Falls Church, VA 22042, 703-849-8888. www.aiha.org

ASHRAE – American Society of Heating, Refrigerating and Air-Conditioning Engineers. 1791 Tullie Circle, N.E. Atlanta, GA 30329. (404) 636-8400. www.ashrae.org.

CBOC – VHA Community-Based Out-Patient Clinic

CIH – Certified Industrial Hygienist. A professional industrial hygienist who is certified in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygiene (ABIH). Note that while CFM 02 83 33.13 LEAD-BASED PAINT REMOVAL AND DISPOSAL defines the “CIH” to mean “…an Industrial Hygienist employed by Contractor”, for purposes of this IDIQ the CIH is further distinguished as the “CPIH” and “VPIH” (see definitions in this section).

CFM – Cubic-Feet-Per-Minute, a measurement of volumetric airflow (e.g., through a HEPA-filtered LEV machine).

CFM – VA Office of Construction and Facilities Management, Washington, DC.

CO – Warranted VA Contracting Officer, who has the authority to bind the government in a contract, and is the authority in all contractual matters relating to this contract as well as any related design, construction or other related contract. The CO has overall responsibility for administration of this contract, and is authorized to take action on behalf of the Government to amend, modify, or deviate from contract terms, conditions, requirements, specifications, details and/or delivery schedules as may be reasonably necessary from time-to-time in the interest of the Government and is allowable by the Federal Acquisition Regulations (FAR) and VA Acquisition Regulations (VAAR). The CO may delegate certain responsibilities to the COR.

COR – Contracting Officer’s Representative.

CPIH – The Contractor’s Professional Industrial Hygienist who is certified in the comprehensive practice of industrial hygiene (CIH) by the American Board of Industrial Hygienists (ABIH). The CPIH is responsible for ensuring contractor compliance with all regulatory requirements for the Contractor’s workers and supervisors. For purposes of this Contract, the CPIH has at least five (5) years specialized experience as a CIH in directing or overseeing Lead Paint Removal, Disposal and Other Lead Work performed in compliance with OSHA 29 CFR 1926.62 and where applicable, State OSHA lead in construction regulations, Federal/State environmental protection regulations, and State and local regulations.

EPA – U.S. Environmental Protection Agency.

FAR – Federal Acquisition Regulations.

FGI – Facilities Guidelines Institute.

Hazardous Chemical – Any substance meeting the definition of “hazardous chemical” as defined in the OSHA Hazard Communication Standard at 29 CFR 1910.1200.

GEMS – VA Green Environmental Management System (GEMS) program to comply with Federal, State and local environmental protection regulatory requirements.

Hazardous material – Any material or substance meeting the definition of a “hazardous chemical” in 29 CFR 1910.1200; a “hazardous waste” regulated by the Resource Conservation and Recovery Act (RCRA); a fungicide, herbicide, insecticide, nematicide, pesticide or rodenticide regulated by the Federal Insecticide, Fungicide and Rodenticide Act of (FIFRA); any pollutant regulated under the National Emission Standard for Hazardous Air Pollutants (NESHAP); any substance regulated under the Toxic Substance Control Act (TSCA); and any substance regulated as a “hazardous material” by the U.S. Department of Transportation in 49 CFR parts 100 - 185.

HEPA – High Efficiency Particulate Arrestance (or Air) filter, typically 99.7% efficient at the nominal 0.3 micron most penetrating particle challenge aerosol tested in the unloaded state.

HUD – U.S. Department of Housing and Urban Development.

Industrial Hygiene (IH) Technician – An industrial hygiene professional working under the direction of the CPIH or VPIH who has at least an Associate Degree in a relevant physical or life science or engineering, and specialized training, certifications, licenses and three (3) years professional experience in Lead Paint Removal, Disposal and Other Lead Work. An IH Technician collect bulk and/or air samples before, during and after a Lead Paint Removal, Disposal and Other Lead Work; and may oversee any of these types of projects.

LBP – Paint or other substrate coating meeting the definition of lead-based paint as defined by the U.S. Environmental Protection Agency (EPA) or the U.S. Department of Housing and Urban Development (HUD).

LBP Abatement – Permanently removing lead-based paint hazards from target housing and child-occupied facilities (e.g., residential quarters) by the on- site or off-site removal of LBP, removal of building components coated with LBP, and/or the cleanup of LBP- contaminated dust and debris. LBP abatement is not covered under this contract.

LBP Remediation – The cleanup of lead-contaminated dust and debris and/or the removal of lead-contaminated soils from facilities that are not target housing or child-occupied facilities.

LBP Removal – Permanently removing lead-based paint hazards from facility structures that are not target housing or child-occupied facilities, by the on-site or off-site removal of LBP and/or the removal of building components coated with LBP.

LBP Stabilization – An interim control whereby deteriorated LBP is stabilized by removing deteriorating paint and repainting with lead-free paint. For purposes of this contract, LBP stabilization only refers to facility structures that are not target housing or child-occupied facilities.

Lead – Metallic lead, inorganic lead compounds, and organic lead soaps. Excluded from this definition are other organic lead compounds.

Lead Control Area – An enclosed area or structure to prevent the spread of lead dust, LBP chips and debris from LBP Removal, Disposal and Other Lead Work operations. The lead control area may be required to meet Federal and, where applicable, State OSHA regulatory requirements, and is isolated by physical boundaries to prevent unauthorized entry of personnel, and is maintained under negative pressure by utilizing one or more HEPA-filtered local exhaust ventilation (LEV) units when required by the project specifications.

Lead dust hazard – Occurs when LBP deteriorates, is disturbed or disrupted during demolition, removal, renovation and remodeling activities. The risk of exposure to lead paint dust is a function of the concentration of lead in the substrate and how aggressively the substrate is being disturbed (e.g., manual scraping, heat gun application, grinding, shot blasting). Significant lead dust and lead contamination can be generated even with low lead levels in the substrate when aggressive removal methods are utilized on large surface areas.

Lead-Safe Renovator – As defined in the EPA Lead-Based Paint Repair, Renovation and Painting Rule (RRP), 40 CFR 745, Subpart E.

LEV – Local exhaust ventilation unit equipped with a sealed HEPA (99.97%) filtration system rated for lead work, to capture lead dust prior to discharge.

Moderate Risk Deleader (Massachusetts) – As defined in the Massachusetts Department of Public Health's Childhood Lead Poisoning Prevention Program's (CLPPP's) regulations.

NESHAP – National Emission Standard for Hazardous Air Pollutants. For purposes of this contract, refers to the Asbestos NESHAP at 40 CFR Part 61, Subpart M.

NFPA – National Fire Protection Association.

NIOSH – National Institute of Occupational Safety and Health. NIST – National Institute of Standards and Technology.

OSHA Competent Person (CP): Contractor’s foreperson or on-site supervisor capable of identifying hazards in work area and authorized to take prompt corrective action to eliminate or mitigate identified hazards.

Other Lead Work – Includes the removal and disposal of lead-containing building materials (e.g., lead- containing glazed tiles) and lead-containing building components (e.g., lead roofing gutters, lead roof flashing, abandoned lead-containing telecom equipment, and lead shielding in Imaging Service, Nuclear Medicine Service and Research & Development Service)

PCRA – Pre-Construction Risk Assessment. As used by The Joint Commission (TJC) and The Facilities Guidelines Institute (FGI).

QA/QC – Quality Assurance/Quality Control. REL – NIOSH Recommended Exposure Limit.

RRP – EPA Lead-Based Paint Repair, Renovation and Painting Rule, 40 CFR 745, Subpart E.

TIL – VA Office of Construction and Facilities Management (CFM) Technical Information Library, available at http://www.cfm.va.gov/til/. Contains master specifications that are mandatory for VA construction, demolition and renovation projects.

TJC – The Joint Commission. Health care facility accrediting body. TLV® - Threshold Limit Value established by the ACGIH.

VA – Veterans Administration – Comprised of three administrations: Veterans Benefits Administration (VBA), Veterans Health Administration (VHA), and National Cemetery Administration (NCA).

VAMC – VA Medical Center

VAAR – VA Acquisition Regulations VISN – Veterans Integrated Service Network VPIH – The VA’s Professional Industrial Hygienist who is certified in the comprehensive practice of industrial hygiene (CIH) by the American Board of Industrial Hygienists (ABIH). The VPIH is responsible for ensuring the safety and health of VA patients, visitors and staff, and representing the VA’s interests throughout the project life cycle. For purposes of this Contract, the VPIH has at least five (5) years specialized experience as a CIH in directing or overseeing Lead Paint Removal, Disposal and Other Lead Work performed in compliance with OSHA 29 CFR 1926.62 and where applicable, State OSHA lead in construction regulations, Federal/State environmental protection regulations, and State and local regulations. Individual Task Orders may also require the VPIH to be accredited and State-licensed as a LBP Inspector and/or AHERA Asbestos Inspector.

6. Applicable Regulations:

6.a. FEDERAL REGULATIONS:

6.a.1. Occupational Safety and Health Administration (OSHA) 29 CFR Part 1926 Occupational Safety and Health Regulations for Construction 6.a.2. Environmental Protection Agency (EPA) 40 CFR Part 61, Subpart M – Asbestos NESHAP.

40 CFR PART 743 - Asbestos Hazard Emergency Response Act (AHERA).

40 CFR Part 260 - Hazardous Waste Management System: General. 40 CFR Part 261 - Identification and Listing of Hazardous Waste.

40 CFR Part 262 - Standards Applicable to Generators of Hazardous Waste.

40 CFR Part 263 - Standards Applicable to Transporters of Hazardous Waste.

40 CFR Part 264 - Standards for Owners and Operations of Hazardous Waste Treatment, Storage, and Disposal Facilities.

40 CFR Part 265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities.

40 CFR Part 268 - Land Disposal Restrictions.

49 CFR Part 172 - Hazardous Material Table, Special Provisions, Hazardous Material Communications, Emergency Response Information, and Training Requirements, and Security Plans.

49 CFR Part 178 - Specifications for Packagings.

Toxic Substances Control Act (TSCA) of 1976, Title 15 Chapter 53, Subchapter IV – Lead Exposure Reduction (§§ 2681 – 2692)

Toxic Substances Control Act (TSCA) of 1976, Title 15, Chapter 53, Subchapter IV, Sections 402(c)(3) and 403 - Lead Dust Hazard Standard

EPA 40 CFR Part 745 - Lead-Based Paint Poisoning Prevention in Certain Residential Structures

EPA Renovation, Repair and Painting (RRP) Rule, 40 CFR 745, Subpart E

6.b. STATE REGULATIONS:

6.b.1. CONNECTICUT LEAD REGULATIONS

Connecticut Public Health Code, 19a-111, Lead Poisoning Prevention and Control Regulations

Connecticut Public Health Code, 20-478, Standards for Licensure and Certification of Lead Abatement Contractors, Lead Consultants, and Lead Abatement Personnel

Connecticut General Statutes, Chapter 400c, Lead Abatement Consultants, Contractors and Workers

6.b.2. MAINE LEAD REGULATIONS

Title 38, Chapter 12-B; Lead Abatement Emergency Provision § 1296 Title 38, Chapter 12-B: Lead Abatement §1291 - §1297 Title 22, Chapter 252: Lead Poisoning Control Act §1314 - §1327 Chapter 424 - Lead Management Regulations

6.b.3. MASSACHUSETTS LEAD REGULATIONS

MGL Ch. 111 Massachusetts Lead Law (M.G.L. Part I, Title XVI, c. 111, § 189 –199) 105 CMR 460.000: Lead Poisoning Prevention and Control Regulation (MA DPH) 454 CMR 22.00: Deleading and Lead-Safe Renovation Regulation (MA Department of Labor Standards)

310 CMR 40.0000: Massachusetts Contingency Plan (MCP)

6.b.4. NEW HAMPSHIRE LEAD REGULATIONS

Title X, Public Health, RSA 130-A, Lead Paint Poisoning Prevention & Control Title LV, Proceedings in Special Cases, RSA 540, Actions Against Tenants Title LV, Proceedings in Special Cases, RSA 540-A, Prohibited Practices & Security Deposits CHAPTER He-P 1600 LEAD POISONING PREVENTION AND CONTROL RULES

6.b.5. RHODE ISLAND LEAD REGULATIONS

Rhode Island Department of Environmental Management, Office of Air Resources RI Regulation 24 “Removal of Lead Based Paint from Exterior Surfaces” RI Regulation #DEM OWM-HW10-01 “Hazardous Waste Regulations”

6.b.6. VERMON LEAD REGULATIONS – Follows Federal lead regulations.

7. VA Requirements:

a. VHA Directives:

VHA Directive 7701 Comprehensive Occupational Safety and Health Program (May 5, 2017)

VHA Directive 7702 Industrial Hygiene Exposure Assessment Program (April 29, 2016)

VHA Directive 7707 Green Environmental Management System (GEMS) and Governing Policy Statement (December 29, 2015)

VHA Directive 7714 Asbestos Management Program (April 6, 2017)

VHA Directive 7715 Safety and Health during Construction Activities (April 6, 2017)

These Directives are incorporated by reference as if set forth in full herein. If there are any conflicting provisions between these Directives, this SOW, and applicable regulatory requirements, the most stringent requirements shall apply.

b. VA Office of Construction and Facilities Management (CFM) Technical Information Library (TIL) specifications available at http://www.cfm.va.gov/til/ :

VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, Section 01 35 26, SAFETY REQUIREMENTS

VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 02 – Existing Conditions, Section 02 83 33.13 LEAD-BASED PAINT REMOVAL AND DISPOSAL

VA PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 02 – Existing Conditions, Section 02 41 00, DEMOLITION (demolition disturbing LBP)

VA PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 09 - Finishes, Section 09 91 00 PAINTING (surface preparation disturbing LBP) These specifications are incorporated by reference as if set forth in full herein. If there are any conflicting provisions between applicable regulations, this SOW, and these CFM specifications, the most stringent requirements shall apply.

8. VA Lead Paint Removal, Disposal and Other Lead Work Projects:

a. Prior to the start of any task order for Lead Paint Removal, Disposal and Other Lead Work, the independent third-party VA Professional Industrial Hygienist (VPIH) shall sample all suspect materials to be impacted by the project for the determination of lead content, and submit the samples to an independent appropriately accredited (and when required, State-licensed) lead testing lab.

b. When incidental quantities of asbestos containing materials (ACM) are also suspected (e.g., window caulking), the independent third-party VPIH shall also collect bulk samples of all suspected building materials to be impacted by the project, and submit them for analysis by an independent appropriately accredited (and, when required, State- licensed) asbestos testing lab. Note: When quantities of ACM exceed the relevant annual Asbestos NESHAP threshold for the facility, then the VPIH must conduct a “thorough” NESHAP inspection of all spaces impacted by the project.

c. The VPIH may also be requested to sample and test for window caulking for Polychlorinated biphenyls (PCBs) prior to LBP abatement or removal at the request of the government.

d. To conserve funds, the VPIH may use the 2010-2011 VISN 1 Baseline Asbestos and LBP Survey existing conditions report; each identifying locations and quantities of LBP and ACM as a starting point. Because these baseline surveys only identified accessible LBP and ACM, projects involving demolition shall require more intrusive LBP and/or “thorough” asbestos (NESHAP) surveys to identify all inaccessible LBP and/or inaccessible ACM (e.g., within pipe chases, behind plaster ceilings) impacted by the demolition activities.

e. Under no circumstances shall the Contractor’s personnel or their subcontractor’s personnel sample any material suspected of containing lead or asbestos, or submit a suspect material to an environmental testing lab, for lead or asbestos analysis on behalf of the VA. However, the contractor or subcontractor(s) may sample suspect materials for asbestos or lead for their own use at their own expense.

f. Plans and specifications for Lead Paint Removal, Disposal and Other Lead Work shall be developed by the VPIH or Architect/Engineering (A/E) design firm using the latest appropriate VA CFM TIL specifications, and shall be reviewed and approved by the COR, facility Safety Manager/Officer, facility Industrial Hygienist and facility GEMS Coordinator.

g. The plans and specifications for all Lead Paint Removal, Disposal and Other Lead Work projects that also impact ACM (e.g., asbestos caulk from window frames with LBP) shall be developed in conjunction with an independent third-party EPA- accredited, State-licensed (depending on state requirements) Asbestos Abatement Project Designer independently retained by the VA using the latest asbestos abatement specifications from the Office of Construction and Facilities Management (CFM) Technical Information Library (TIL) available at: http://www.cfm.va.gov/til/ in addition to all applicable Federal, State and local Lead Paint Removal, Disposal and Other Lead Work requirements as appropriate for the project:

VA PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 02 – Existing Conditions, Section:

02 82 11 Traditional Asbestos Abatement 02 82 13.13 Glovebag Asbestos Abatement 02 82 13.41 Asbestos Abatement for Total Demolition Project

Guidance for the AHERA-Accredited Asbestos Project Designer may be obtained from the following CFM publications at http://www.cfm.va.gov/til/dManual/dmASBhosp.p df VA CFM Asbestos Abatement Design Manual VA CFM Asbestos Abatement Design Alerts

These specifications are incorporated by reference as if set forth in full herein. If there are any conflicting provisions between this SOW, applicable Federal, State and local regulations and these CFM specifications, the most stringent requirements shall apply.

i. The Contractor’s Professional Industrial Hygienist (CPIH) is responsible for the occupational safety and health of the Contractor’s employees, including conducting and documenting an initial exposure determination (including a negative exposure determination) for each project as required by OSHA 29 CFR 1926.62(d)(3). Note that airborne lead levels generated depend on both the concentration of lead in the substrate and how the aggressively the substrate is being disturbed. This assessment will be used to determine the appropriate level of respiratory protection for the project as required by 29 CFR 1926.62(f), as well as other personal protective equipment (PPE), clothing, work practice and engineering controls (e.g. local exhaust ventilation). Note the requirements for the protection of employees during the assessment of exposure at 29 CFR 1926.62(d)(2), including the default levels of required respiratory protection in the absence of an initial exposure determination.

9. Project Coordination: The COR will coordinate a pre-project meeting with the Contractor and any subcontractor(s) including Contractor’s and, where applicable, subcontractor’s Foreperson/Supervisor/OSHA Competent Person; and when required by the Task Order, the VPIH and/or the CPIH; provide reasonable and timely notice to occupants impacted by Lead Paint Removal, Disposal and Other Lead Work activities including those adjacent to OSHA regulated areas, of project dates and requirements for relocation (if needed); coordinate any background air samples, surface dust samples and/or paint chip samples; and final clearance sampling (when required) with the VPIH. The COR and Contractor shall also ensure that any patients, staff or visitors who are sensitive to epoxy- or urethane-based LBP and/or ACM encapsulants and stabilizers are provided reasonable and timely notice so they can be relocated for a suitable period of time, and the facility Safety Manager/Officer will determine re-entry times in consultation with Employee Occupational Health.

10. Contractor and any Subcontractor(s) shall at all times ensure (by coordinating with the COR) that there is a continuous and uninterrupted electrical power supply for each HEPA-filtered local exhaust ventilation (LEV) used to maintain the regulated work area at the negative pressure differential required by the project Lead Paint Removal, Disposal and Other Lead Work specifications, or when required to comply with 29 CFR 1926.62 and/or the VA PICRA. All internal combustion portable electric generators used indoors must be approved in writing by the COR and facility Safety Manager/Officer before they are brought on-station, and must include provisions for continuous real-time carbon monoxide (CO) monitoring and audible alarm throughout the period of use using a properly calibrated CO monitor.

11. Final Clearance Visual Inspections, Sampling and Testing:

a. All required final visual inspections, final clearance air and/or surface dust sampling and testing for lead and (where applicable) asbestos, shall be performed by the independent third-party VPIH retained by the VA. The CPIH can take samples prior to the final visual inspection and final clearance sampling performed by the VPIH to assist the Contractor in determining the adequacy of their cleaning methods, but only the VPIH final visual inspection and final clearance sampling count for purposes of determining whether the space is safe for re-entry by patients, visitors, staff and other government contractors.

b. All laboratory testing shall be performed by an appropriately accredited (and, when - applicable, State-licensed) environmental testing laboratory meeting the requirements of any applicable VA CFM design specifications, Task Order project specifications, and approved by the VA COR.

c. The final report shall be submitted by the VPIH to the COR and Contracting Officer in a timely manner following the final visual inspection, any final clearance sampling (air and/or surface dust) and laboratory testing.

12. Project Submittals: The Contractor shall provide the following submittals for approval by the COR and Contracting Officer for each Task Order for their personnel and any subcontractor personnel performing under this contract, including the CPIH:

a. Emergency Action Plan that meet the requirements of VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, Section 01 35 26, SAFETY REQUIREMENTS and 29 CFR 1910.38 (a);(b); and contact numbers for Federal and State OSHA and Federal and State EPA (as applicable).

b. All submittals required by Section 1.6 of CFM 02 83 33.13 LEAD-BASED PAINT REMOVAL AND DISPOSAL specifications including but not limited to (when required by the Task Order) copies of any accredited lead training and State licenses.

c. Regulatory notifications (e.g., Federal EPA, State EPA) as required for the jurisdiction in which the Lead Paint Removal, Disposal and Other Lead Work project is to be performed. Note: Where ACM is also impacted (e.g., window caulking), also notify the cognizant Federal, State and/or local asbestos regulatory authority / authorities.

d. Initial and most recent refresher training records for OSHA 29 CFR 1926.62 (Lead-in-Construction) and 29 CFR 1910.134 (Respiratory Protection).

e. Training certificates for initial and most recent annual refresher accredited training for each 16-Hour Asbestos Class III worker and supervisor (as applicable for the Task Order) who will perform on the project.

f. Documentary evidence (see Note below) that each Lead Paint Removal, Disposal and Other Lead Work supervisor and worker is enrolled in a medical surveillance program meeting the requirements of 29 CFR 1926.62(j) including biological monitoring for workers exposed above the OSHA Action Level (blood lead levels and ZPP levels by an OSHA-approved Blood Lead Analysis Laboratory), and has been medically cleared to wear the class of respirator that will be used on the project as required by 29 CFR 1910.134(e); e.g., half-face or full-facepiece air-purifying respirator, powered, air- purifying respirator (PAPR), and/or supplied-air (“airline”) respirator (SAR).

g. For Lead Paint Removal, Disposal and Other Lead Workers and supervisors who are also occupationally exposed to asbestos “…for a combined total of 30 or more days per year are engaged in Class I, II and III work or are exposed at or above a permissible exposure limit” per 29 CFR 1926.1101(m)(1)(i)(A), provide documentary evidence (see Note below) that each worker and supervisor is enrolled in a medical surveillance program meeting the requirements of 29 CFR 1926.1101(m), 29 CFR 1926.1101(h)(2)(ii) and has been medically cleared to wear the class of respirator that will be used on the project as required by 29 CFR 1910.134(e); e.g., half-face or full-facepiece air-purifying respirator, powered, air-purifying respirator, and/or supplied-air (“airline”) respirator (SAR).

WARNING! DO NOT SUBMIT SOCIAL SECURITY NUMBERS OR PROTECTED HEALTH INFORMATION (PHI) – including but not limited to pulmonary function test data and clinical notes from the evaluating medical provider, AS THIS REPRESENTS A VIOLATION OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIPPA) regulations.

WARNING! HIPPA regulations provide for both civil and criminal penalties (including imprisonment) for unauthorized disclosures of PHI. Medical approval for respirator use only needs to state: Approved for unrestricted respirator use, approved for restricted respirator use (and stating restrictions), or disapproved for respirator use, and the signature of the physician or other licensed healthcare professional (PLHCP) making the medical determination).

h. Documentary evidence that each Lead Paint Removal, Disposal and Other Lead Work supervisor and worker has been satisfactorily fit tested in the same make and model of tight-fitting respirator within the past twelve (12) months as will be used on the project, as required by 29 CFR 1910.134 (f).

i. For each Lead Removal, Disposal and Other Lead Work supervisor and worker who also have concomitant asbestos exposure:

1) A signed copy of Attachment #2 – Certificate of Worker’s Acknowledgment from the VA CFM 00 28 11 Traditional Asbestos Abatement specifications.

2) A signed copy of Attachment #3 - AFFIDAVIT OF MEDICAL SURVEILLANCE, RESPIRATORY PROTECTION AND TRAINING/ACCREDITATION from the VA CFM 00 28 11 Traditional Asbestos Abatement specifications.

j. Hazardous chemicals/materials inventory and Safety Data Sheet (SDS) for each LBP paint removers, stabilizers and any hazardous product to be used at the VA facility during the project.

k. Documentary evidence that the Contractor’s or subcontractor’s electrically qualified (for the type of electrical equipment being worked on) licensed electrician or master electrician has satisfactorily completed training on NFPA 70E Standard for Electrical Safety in the Workplace (2018 or most current edition).

l. All other submittals required by Section 1.6 of VA CFM 02 83 33.13 LEAD-BASED PAINT REMOVAL AND DISPOSAL specifications not otherwise specified in this SOW.

m. At the end of the Lead Paint Removal, Disposal and Other Lead Work project, the VPIH shall submit a letter report documenting all oversight activities, sample locations and results obtained during the project including the final visual inspection and any final surface wipe samples and/or air samples for lead, and a statement that the lead work areas are acceptable for re-entry by VA patients, staff and visitors.

n. At the end of the project, the Contractor’s PIH (CPIH) shall submit a Certificate of Completion in the VA CFM 00 28 11 Traditional Asbestos Abatement specifications when asbestos abatement was conducted concomitantly with LBP abatement, removal, remediation disposal and/or stabilization.

13. Project Occupational Safety and Health (OSH) Requirements: Contractor and all subcontractors performing under this contract shall observe all required Federal and State OSHA regulations for occupational safety and health, VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, 01 35 26, SAFETY REQUIREMENTS and Division 02 – Existing Conditions, Section 02 83 33.13 LEAD-BASED PAINT REMOVAL AND DISPOSAL, VA Medical Center Construction Safety Program requirements, and any special requirements in this IDIQ and individual Task Orders.

a. Hazardous Atmospheres in Permit-Required Confined Spaces. Contractor must follow all regulatory requirements in the OSHA Permit-Required Confined Space standard at 29 CFR 1926 Subpart AA – Confined Spaces in Construction.

b. In the absence of an initial exposure determination, airborne lead levels shall be presumed to be those as set forth in 29 CFR 1926.62(d)(2) until sufficient personal exposure monitoring results are obtained that provide statistically reliable results that exposures are below the OSHA Action Level or PEL (as applicable) for each similarly exposed group (SEG) of Lead Paint Removal, Disposal and Other Lead Workers.

c. Prohibited practices during Lead Paint Removal, Disposal and Other Lead Work: Open-flame burning using heat guns at greater than 800 degrees Fahrenheit (oF) (generates lead fumes), the use of power tools without high-efficiency particulate air (HEPA) exhaust control, dry sweeping, dry dusting, and blowing lead-contaminated dust with compressed air. In all circumstances, the lowest heat needed to satisfactorily complete the work shall be used, as lower temperatures pose lower risks for generating lead fumes. In some instances, a “mini-enclosure” or other containment structure equipped with one or more HEPA-filtered LEV devices may be needed in addition to HEPA-filtered dust collectors on power tools, to maintain worker airborne exposures below applicable OSHA regulated levels, and to adequately contain generated lead dust to keep it from spreading outside of the OSHA regulated area (see project plans and specifications for demarcation of regulated and other lead work areas).

d. Electrical Safety. Electrical hazards include electric shock, electrocution (fatal electric shock), arc flash and arc blast. Ground fault circuit interrupters (GFCIs) are required in all construction work areas at all times. When electrical work is required (e.g., removing switch plate and outlet covers exposing potentially live wiring, outside wire molding, de- energizing electrical circuits, providing temporary power), Contractor or subcontractor shall provide an electrically qualified (for the type of electrical equipment being worked on), licensed electrician or master electrician who has received training in NFPA 70E Standard for Electrical Safety in the Workplace (2015 or most current edition) with appropriate voltage-rated and arc-rated personal protective clothing and equipment ensemble appropriate for the calculated incident energy, UL or other nationally recognized testing laboratory (NRTL)-listed multi-meter, and voltage-rated tools. Note that the verification of the absence of voltage following lockout/tagout (LOTO) is considered live work under NFPA 70E.