VISN 1 Asbestos Abatement PWS - Final.docx

1 Performance Work Statement Department of Veterans Affairs, VISN 1 Asbestos Abatement and Re-insulation Services

A. GENERAL:

1. Title of Project: Routine and emergency response Asbestos Abatement and Re-insulation Services for the Department of Veterans Affairs, VA New England Healthcare System (VISN 1), all locations as applicable.

2. Scope of Work: Provide routine and emergency response Asbestos Abatement and Re-insulation Services in support of the following VISN 1 VA Medical Center facilities:

a. Edith Nourse Rogers Veterans Memorial Hospital, Bedford, MA

b. VA Boston Health Care System, MA (Brockton, Jamaica Plain and West /Roxbury Divisions

c. VA Connecticut Health Care System, including the West Haven Campus, and the Newington Campus

d. VA Central Western Massachusetts, Northampton, Massachusetts

e. VA Medical Center, Manchester, New Hampshire

f. VA Medical Center, Providence, RI

g. VA Maine Healthcare System, Togus, ME

h. VA Medical Center, White River Junction, Vermont

i. VA-owned Community Based Outpatient Clinics (CBOCs)

j. VA-owned Vet Centers and Community Care Centers.

3. Background: VA healthcare facilities within VISN 1 have consolidated requirements for Asbestos Abatement and Re-insulation Services to include hospitals, outpatient clinics, administrative buildings and spaces, clinical and biomedical research laboratories, boiler plants, chiller plants, maintenance support buildings, ancillary structures, and other real property identified by the Government.

Depending on the areas impacted within the VA health care facility, Services conducted under this contract may also require job-specific Infection Prevention and Control practices and procedures when determined necessary by an Infection Control Risk Assessment (ICRA) developed by the VA and provided with the Task Order. In addition to providing Asbestos Abatement and Re-insulation Services to VA Medical Centers (VAMCs), the Contractor shall also be capable of providing services to off-campus properties (e.g., VA-owned CBOCs, Vet Centers, Community Care Centers) for more than one city/town and county in each state (CT, MA, ME, NH, RI and VT).

4. Requirements:

a. For purposes of this contract, “Routine Response” is defined as the Contractor commencing an on-site assessment within two (2) business days of receipt of a routine response request by phone, electronic mail (email) or in person from the VA Contracting Officer (CO). “Emergency Response” is defined as the Contractor commencing an on-site assessment within four (4) hours, 24 hours per day, 7 days per week of receipt of an emergency response request by phone, email, or in person from the VA Contracting Officer. An emergency response request may result from the inadvertent disturbance of asbestos-containing material (ACM) creating an asbestos fiber release episode. The Contractor shall provide a verbal report to the Contracting Officer and Contracting Officer’s Representative (COR) within two (2) business days for routine response requests and one (1) hour for emergency response requests of completing the initial on-site assessment that: (1) Describes the scope of asbestos-impacted building structures, components, systems and contents; (2) Recommendations for immediate response actions to mitigate the spread of asbestos-containing dust following the uncontrolled disturbance of ACM within the impacted building space; and (3) A Routine or Emergency Asbestos Abatement and when requested by the VA Re-insulation Plan and cost schedule estimates. Upon written or verbal approval of the Contracting Officer, the Contractor shall commence on-site mitigation activities within three (3) business days for routine requests and within four (4) hours for emergency response requests 24 hours per day, 7 days per week at the specified VAMC, VA-owned CBOC, VA-owned Vet Center, and/or VA-owned Community Care Center. It is anticipated that the initial Asbestos Abatement and (where applicable) Re-insulation Plan will become a dynamic document that will require periodic updating as the Asbestos Abatement and Re-insulation work proceeds. All scope changes shall require the written approval of the Contracting Officer, except that under exigent circumstances, the Contracting Officer may verbally approve emergency actions necessary to preserve life, health and government property, but this verbal approval shall be ratified in writing by the Contracting Officer as soon as possible thereafter.

b. The Contractors shall provide all consumable supplies, materials, equipment (including tools, vehicles, and apparatus), transportation and personnel (i.e., project management and appropriately trained, EPA-accredited and State-licensed forepersons, supervisors, work leaders and workers with applicable accredited training certificates and/or State licenses), regulatory permits and notifications, and waste disposal necessary to perform Routine and Emergency Response Asbestos Abatement and Re-insulation Services at VISN 1 facilities. All asbestos waste hauling firms and all asbestos waste transfer stations and end disposal facilities performing under this contract shall at all times throughout the Period of Performance (PoP) possess the applicable Federal, State and Local regulatory approvals, permits and/or licenses (e.g., U.S. Department of Transportation (DOT), State EPA, city/county permits), and each asbestos waste transporter and end-disposal facility shall be approved in advance in writing by the Contracting Officer with input from the VA COR and the facility Green Environmental Management System (GEMS) Environmental Protection Manager.

c. Contractor Qualifications:

1) The Contractor shall have at least five (5) years of professional experience providing Asbestos Abatement and Re-Insulation Services at VAMCs and ancillary facilities, and/or other comparable (in size and medical complexity) government agency hospitals (e.g. DoD) and/or private sector hospitals and ancillary facilities.

2) Contractor personnel shall have professional knowledge of the principles, practices and procedures of the Asbestos Abatement industry as described in the publications in the References section.

a) The Contractor shall be knowledgeable of applicable laws and regulatory requirements for occupational safety and health (OSH), environmental protection, public health; regulatory standards and professional reference publications (see Section below) for the Asbestos Abatement industry, and for hospital infection prevention & control; and methods to anticipate, recognize, evaluate, and eliminate or satisfactorily control environmental health & safety, health care infection prevention & control, and public health hazards, in compliance with applicable regulations and industry standards, using engineering controls, administrative controls, and/or personal protective equipment (PPE) and clothing.

b) The Contractor must at all times throughout the Period of Performance possess sufficient resources to be able to rapidly mobilize sufficient personnel, equipment and materials within the response timeframes specified in Section 4a, to respond to Emergency Response Asbestos Abatement Services impacting up to 10,000 square feet in any one incident, of clinical and/or administrative spaces at VAMC and ancillary facilities within VISN 1.

c) In addition, all Contractor on-site project personnel must have appropriate current OSHA Construction Industry (29 CFR 1926) training as applicable for the work being performed including but not limited to:

(1) Confined Spaces in Construction (29 CFR 1926 Subpart AA)

(2) Demolition (29 CFR 1926 Subpart T)

(3) Electrical Safety (29 CFR 1926 Subpart K) including 29 lockout and tagging of circuits (CFR 1926.417), and NFPA 70E Standard for Electrical Safety in the Workplace (current edition)

(4) Excavations (29 CFR 1926 Subpart P)

(5) Employee Emergency Action Plans (29 CFR 1926.35)

(6) Fall Protection (29 CFR 1926 Subpart M)

(7) Fire Protection and Prevention (29 CFR 1910 Subpart L)

(8) Hand and Portable Powered Tools and Other Hand-Held Equipment (29 CFR 1926 Subpart I)

(9) Hazard Communication (29 CFR 1926.59)

(10) Illumination (29 CFR 1926.26)

(11) Occupational Noise Exposure (29 CFR 1926.52)

(12) Personal Protective and Lifesaving Equipment (PPE) (29 CFR 1926 Subpart E)

(13) Respiratory protection (29 CFR 1926.103)

(14) Scaffolds (29 CFT 1926 Subpart L)

(15) Stairways and Ladders (29 CFT 1926 Subpart X)

(16) Toxic and Hazardous Substances (29 CFR 1926 Subpart Z)

(17) Ventilation (29 CFR 1926.57)

(18) Walking Working Surfaces (29 CFR 19 Subpart D)

5. Type of Contract: Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) Contract with fixed price task orders and more than one contractor with capabilities to provide the services required for each Facility in VISN 1 where applicable. State-specific Contractor and Contractor’s Personnel licensing is required for each state in which Asbestos Abatement Services will be performed. The IDIQ will be established for a Base Year with up to Four (4) one (1) year Option Renewals upon satisfactory performance at the discretion of the VA.

6. Ordering Activities and Procedures: As requirements develop, Requests for Pricing (RFP) for Task Orders will be issued on a competitive or single source basis, at the Government’s discretion. Task orders will vary in size from $2,000 to $1,000,000 and will be issued by the individual task orders awarded and administered by duly appointed Contracting Officers within RPO East Network Contracting Office 1 (NCO 1).

All warranted Contracting Officers within NCO 1 can be assigned to place Task Orders against the VISN 1 IDIQ Contracts established and applicable for each location and facility. Each VISN 1 facility shall provide the name of the Contracting Officer’s Representative (COR) for Asbestos Abatement and Re-insulation Services for each Task Order requirement.

7. Special IDIQ Contract Requirements: Upon award of the base year contract, the Contractor will be issued an initial task order for $2,000.00. Upon receipt of this order, the Contractor shall submit their required written Safety and Occupational Health Program, Employee Emergency Action Plan (per 29 CFR 1926.3538 (a) and (b)), and Quality Assurance Plan to the Contracting Officer within 30 calendar days. Depending on the nature and scope of the project, the Contractor and any subcontractors performing under this contract may be required to submit additional plans such as, but not limited to, an Accident Prevention Plan (APP), Confined Space Entry Plan, site-specific Fall Protection and Prevention Plan (FPPP) and written Fall Protection Program (FPP), Scaffold Erection Plan, Crane Lift Plan, and/or an Infection Control Plan] (when required by the Facility Pre-Construction Infection Control Risk Assessment (PICRA)), as set forth in VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, 01 35 26, SAFETY REQUIREMENTS. Plans submitted with an offeror’s quote are not considered as meeting this requirement. In the event the Contractor fails to submit the required plans within thirty (30) calendar days of the order, the Government reserves the right to unilaterally terminate the IDIQ contract at no cost to the Government.

8. 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.

ACBM – Asbestos Containing Building Materials, as defined by the U.S. EPA.

ACM – Asbestos Containing Materials as defined by the U.S. EPA and Federal OSHA.

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

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

AHERA TEM – Asbestos in air by analytical transmission electron microscopy, 40 CFR Part 763, Appendix A to Subpart E.

ANSI – American National Standards Institute International, 25 West 43rd Street, 4th floor, New York, NY , 0036. 212-642-4900. www.ansi.org

Asbestos abatement - Procedures to control fiber release from ACM and ACBM. Includes removal, encapsulation, enclosure, removal or repair and cleanup of asbestos debris. means the enclosure, encapsulation, removal or repair of asbestos containing building materials (ACBM) and other asbestos containing materials (ACM) such as asbestos roofing and siding products, the cleanup of asbestos-contaminated debris, and fiber-suppression measures. Vermiculite insulation is presumptively ACM consistent with EPA guidance.

ASCS – Air Systems Cleaning Specialist – Certification from the National Air Duct Cleaners Association.

ASHE – The American Society for Health Care Engineering of the American Hospital Association, 155 N. Wacker Drive, Suite 400. Chicago, IL 60606, 312-422-3800, http://www.ashe.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

ASTM International – 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. 610-832-9500. www.astm.org .

ASHARA - Asbestos School Hazard Abatement Reauthorization Act (ASHARA) of 1990.

CBOC – VHA Community-Based Out-Patient Clinic.

CFM – Cubic-Feet-Per-Minute, a measurement of volumetric airflow.

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

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).

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 Blanket Purchase Agreement (BPA) as well as any related design, construction, or other related contracts. The CO has overall responsibility for administration of this BPA, 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. The Task Order (TO) will indicate who is designated as the COR for that project to assist the Contracting Officer in the discharge of contract administration responsibilities.

CPIH/CIH – 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) and retained directly by the contractor. Responsible for ensuring contractor compliance with all OSHA regulatory requirements for contractor’s workers/supervisors.

CVI – Certified Ventilation Inspector - Certification from the National Air Duct Cleaners Association.

DOE – U.S. Department of Energy

EPA – U.S. Environmental Protection Association

FAR – Federal Acquisition Regulations.

FGI – Facilities Guidelines Institute. https://www.fgiguidelines.org/ GEMS – VA Green Environmental Management System (GEMS) program to comply with Federal, State, and local environmental protection regulatory requirements.

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

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 99.9% efficient at nominal 0.3 micron most penetrating particle challenge aerosol tested in the unloaded state. A sealed HEPA filtration system is required in local exhaust ventilation units during asbestos and LBP abatement and microbial remediation.

HEPA Vacuum – A vacuum cleaner with a sealed HEPA filtration system.

HVAC – Heating, ventilation and air-conditioning system. Generally, consists of one or more air-handling units (AHUs), supply air ducts, return air ducts, exhaust air ducts and related components and system controls.

ICRA – Infection Control Risk Assessment – As the term is used by The Joint Commission and The Facilities Guidelines Institute (FGI).

Industrial Hygiene (IH) Technician – An industrial hygiene professional working under the direction of the CPIH/CIH or VPIH/CIH who has at least an Associate Degree in a relevant physical or life science or engineering, and specialized training, certifications, licenses and experience required for the industrial hygiene work assigned. IH Technicians collect bulk and/or air samples before, during and after an asbestos or LBP abatement or microbial remediation, and may oversee the abatement or remediation project. In Massachusetts, a State-Licenses Asbestos Project Monitor.

LEV – Local exhaust ventilation unit equipped with a sealed HEPA (99.97%) filtration system to capture hazardous particulate airborne contaminants such as asbestos fibers prior to discharge.

MAP – Model Accreditation Plan, 40 CFR PART 763, APPENDIX C TO SUBPART E

NADCA – National Air Duct Cleaners Association. 15000 Commerce Parkway, Suite C, Mt. Laurel, NJ 08054. 856-380-6810. https://nadca.com/

NIOSH – National Institute of Occupational Safety and Health

NIST – National Institute of Standards and Technology. 100 Bureau Drive, Gaithersburg, MD 20899. 301-975-8000 or 800-437-4385. https://www.nist.gov/

PCRA – The Joint Commission Pre-Construction Risk Assessment Standard.

PEL – OSHA Permissible Exposure Limit.

PIH – Protected Health Information

PIH – Professional Industrial Hygienist. An industrial hygienist qualified by education, training, and experience to anticipate, recognize, evaluate, measure and develop controls for occupational safety and health hazards, who also meets the AIHA or ACGIH definition of an “industrial hygienist.” A PIH is distinguished from an IH Technician in that the former has a bachelor’s degree in a relevant scientific discipline as required by the AIHA or ACGIH; and at least five (5) years of experience in the comprehensive practice of industrial hygiene at the full professional level, whereas an IH Technician has an Associate’s Degree and at least three (3) years of experience at the field technician level. A PIH is distinguished from a CIH insofar as a PIH is not certified in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygienists (ABIH), whereas a CIH is thus certified.

QA/QC – Quality Assurance/Quality Control.

REL – NIOSH Recommended Exposure Limit.

TEM – Analytical transmission electron microscopy used for asbestos analysis (e.g., AHERA TEM, NIOSH 7402)

TJC – The Joint Commission. Health care facility accrediting body. One Renaissance Blvd., Oakbrook Terrace, IL 60181, 630-792-5800. www.jointcommission.org (see also Joint Commission Resources at https://www.jointcommission.org/jcr.aspx)

TLV® – Threshold Limit Value established by the ACGIH.

TO – Task Order.

UL – Underwriters Laboratories. 333 Pfingsten Road, Northbrook, IL 60062. 847-272-8000. www.ul.com

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

VAAR – VA Acquisition Regulations VAMC – VA Medical Center

VHS – Veterans Health Administration

VISN – Veterans Integrated Service Network Vermiculite Insulation – Is presumptively ACM consistent with U.S. EPA and applicable State EPA guidance.

VPIH/CIH – 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) who is retained directly by the VA.

9. Applicable Regulations:

9a. FEDERAL REGULATIONS

1) Occupational Safety and Health Administration (OSHA):

CFR 29 Part 1926 Occupational Safety and Health Regulations for Construction – 29 CFR 1926.1101

2) Environmental Protection Agency (EPA) Asbestos Regulations The Asbestos Hazard Emergency Response Act (AHERA) of 1984 (Toxic Substances Control Act (TSCA) Title II) TSCA Subchapter II: Asbestos Hazard Emergency Response (15 U.S.C. § 2641-2656) Clean Air Act (CAA) (42 USC § 7401 et seq.), Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Regulations (40 CFR Part 61, Subpart M)

Asbestos School Hazard Abatement Reauthorization Act (ASHARA) of 1990 Asbestos Model Accreditation Plan, APPENDIX C TO SUBPART E OF PART 763 9b. CONNECTICUT ASBESTOS REGULATIONS

Connecticut Public Health Code 19a-332a, Standards for Asbestos Abatement

Connecticut Public Health Code 20-440, Licensure and Training Requirements for Persons Engaged in Asbestos Abatement and Consultation Services

9c. MAINE ASBESTOS REGULATIONS

Title 38, Chapter 12-A: Asbestos §1271 - §1284

Maine Solid Waste Management Rules, Chapter 425, Asbestos Management Regulations

9d. MASSACHUSETTS ASBESTOS REGULATIONS 310 CMR 7.00: Air Pollution Control including 310 CMR 7.15: Asbestos (MA DEP) 453 CMR 6.00: The Removal, Containment or Encapsulation of Asbestos (MA Dept. of Labor and Workforce Development) 9e. NEW HAMPSHIRE ASBESTOS REGULATIONS

9f. RHODE ISLAND ASBESTOS REGULATIONS Rhode Island Department of Health

Rules and Regulations for Asbestos Control (R23-24.5-ASB)

Rhode Island Department of Environmental Management (RIDEM) Asbestos Rules and Regulations 9g. VERMONT ASBESTOS REGULATIONS Follows Federal regulations

10. General Requirements:

a. The work shall include Asbestos Abatement and Re-insulation Services for health care, administrative, laboratory, research, and support buildings and structures.

b. Throughout the life of the contract, additional buildings, structures, and other real property may be added with reasonable notice, with changes to addresses/locations for city/towns at the Contracting Officer’s discretion and requirements. These additions and locations shall be considered within the scope of this Contract, and included for all asbestos abatement and re-insulation service requirements.

c. Prime contractor and all subcontractors performing under this contract shall at all times fully comply with the Federal OSHA Asbestos Construction standard (29CFR 1926.1101) any additional applicable State OSHA regulations, Federal Environmental Protection Agency (EPA) asbestos regulations and any additional applicable State EPA regulations, and State and local Department of Public Health regulations.

d. The Contractor, when required by the Task Order, shall remove and return to the original position following asbestos abatement (or, when applicable, re-insulation work), furniture, furnishings, storage racks, file cabinets, desks, chairs, wall decor, and other applicable items as identified in the TO at the discretion of the COR.

e. Following completion of asbestos abatement and any associated re-insulation, the Contractor is responsible for cleaning equipment staging areas and removing all equipment and asbestos wastes generated by the asbestos abatement and re-insulation processes in a timely manner.

f. The Contractor’s supervisor/foreperson/competent person shall be fluent in the English language (written, spoken), and shall remain on site at all times during all asbestos abatement activities, and be able to immediately enter the regulated area when necessary to protect the safety and health of VA patients, employees, visitors and Contractor’s employees, and to prevent violations of applicable Federal and State OSHA and EPA, and State and local DPH regulations.

g. Any contractor personnel who knowingly and willfully disregards any applicable Federal, State and/or local occupational safety and health (OSH), environmental protection and/or public health statute or its implementing regulations; VA OSH, environmental (GEMS), security and/or information security requirement; is subject to immediate removal from the job site and medical center by the VA Police, and may be barred from future performance under the contract at the discretion of the Contracting Officer. In situations when contractor personnel unintentionally or negligently committed the violative act(s) or allowed the violative conditions to occur will not be allowed to return to continue performing on the project unless cleared in writing by the Contracting Officer after sufficient rehabilitation (e.g., retraining) to ensure future compliance.

h. Any contractor personnel who commits any Federal, State or local criminal offense while on VA property, including traffic and parking infractions, is subject to citation and/or arrest by the VA Police and prosecution in Federal District Court.

11. Contractor’s Certifications: Contractor shall certify, in writing, that:

a. Solvents (e.g., mastic removers) or products containing solvents (e.g., encapsulants) designated by the U.S. EPA as Class I ozone depleting substances, such as but not limited to, carbon tetrachloride and methyl chloroform (1,1,1-trichloroethane); or other chlorinated hydrocarbon solvent degreasers such as, but not limited to, dichloromethane (methylene chloride), chloroform, trichloroethylene and tetrachloroethylene (perchloroethylene), are not to be used for any task order issued under this contract.

b. Solvents or products containing solvents will not become a Federal or State-EPA regulated hazardous wastes when spent (e.g., no solvents that will generate “D-listed” or “F-listed” wastes).

c. Encapsulants do not contain any of the 8 RCRA metals – Arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver in sufficient concentration to require disposal as RCRA hazardous waste when removed and disposed.

d. Asbestos: Replacement materials (e.g., insulation) shall not contain asbestos in any amount as defined by the U.S. EPA and OSHA. For purposes of this contract, vermiculite insulation is presumptively ACM, and products containing W.R. Grace Zonolite™ brand vermiculite insulation from the former vermiculite mine in Libby, Montana shall not be used in any replacement product.

e. Silica: Materials shall not contain airborne crystalline silica.

f. High acute toxicity. Materials shall not contain any ingredient in a concentration of 1.0 percent or greater that meets the GHS toxicity Category 1, 2 or 3.

g. Human Carcinogens: Materials shall not contain any ingredient in a concentration of 0.1 percent or greater that is a GHS Category 1A or 1B human carcinogen, or is listed by the American Conference of Governmental Industrial Hygienists (ACGIH) as a Category A1-Confirmed human carcinogen or Category A2 - Suspected human carcinogen.

h. Mutagens. Material shall not contain any ingredient greater than 0.1% that is a GHS Category 1A or 1B mutagen, or greater than 1.0% of a Category 2 mutagen.

i. Allergens/sensitizers – Materials shall not contain any ingredient in a concentration greater than one percent (1%) that is an allergen, respiratory and/or skin sensitizer.

j. Flammables and corrosives. Materials shall not be flammable or meet the GHS definition of a Category 1, 2 or 3 corrosive.

12. VA Asbestos Abatement Project Design:

a. Prior to any Task Order for a construction project involving demolition of building structures and/or components, an independent, third party AHERA-accredited, State-licensed Asbestos Building Inspector retained directly by the VA will conduct a thorough NESHAPS asbestos inspection by collecting representative bulk samples of all potentially impacted suspect materials, as required by the Asbestos NESHAP regulations at 40 CFR Part 61, Subpart M. Note: The EPA-accredited, state-licensed or certified Building Inspector may use the facility baseline asbestos survey of accessible ACM as a starting point; however, a NESHAP survey requires destructive sampling (e.g., limited opening of pipe chases and plaster ceilings, core samples from plaster lath ceilings) to identify inaccessible ACM that may also be impacted by the demolition phase of the project.

b. For purposes of this contract, vermiculite insulation is presumptively ACM, consistent with Federal and State EPA guidance.

c. Under no circumstances shall the Contractor’s personnel or their subcontractor’s personnel collect bulk samples of any suspect material and/or submit bulk sample of suspect materials from a VA facility to an environmental testing lab for asbestos analysis on behalf of the VA. However, the Contractor may conduct limited bulk sampling and testing, for their own informational purposes at their own expense.

d. The plans and specifications for all asbestos abatement projects shall be developed by an independent third-party EPA-accredited, State-certified, State-licensed (depending on state requirements) AHERA-accredited State-licensed Project Designer directly retained by the VA using the latest asbestos abatement specifications and guidance documents from the VA Office of Construction and Facilities Management (CFM) Technical Information Library (TIL) available at: http://www.cfm.va.gov/til/ including:

VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements

01 35 26, SAFETY REQUIREMENTS

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

02 82 11 Traditional Asbestos Abatement 02 82 13.13 Glovebag Asbestos Abatement 02 82 13.19 Asbestos Floor Tile and Mastic Abatement 02 82 13.21 Asbestos Roofing Abatement 02 82 13.31 Asbestos Transite Abatement 02 82 13.41 Asbestos Abatement for Total Demolition Project

Guidance for the A/E may be obtained from the following CFM publications at http://www.cfm.va.gov/til/:

VA CFM Asbestos Abatement Design Manual

VA CFM Asbestos Abatement Design Alerts

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

e. In addition, all VA asbestos abatement projects shall be conducted in full compliance with the current version of the following Veteran Health Administration (VHA) Directives:

VHA Directive 7714 Asbestos Management Program, April 6, 2017

VHA Directive 7715 Safety and Health during Construction, 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, the Task Order specifications, and applicable regulatory requirements, the most stringent requirements shall apply.

13. Asbestos Abatement Project Coordination: The COR will coordinate pre-abatement meeting(s) with the Contractor including Contractor’s Project Manager and Contractor’s Competent Person, VA Professional Industrial Hygienist/Certified Industrial Hygienist (VPIH/CIH) and Contractor’s Professional Industrial Hygienist/Certified Industrial Hygienist (CPIH/CIH), provide reasonable and timely notice to building occupants impacted by asbestos abatement activities including those in or adjacent to regulated areas, of project dates and requirements for relocation (if needed), coordinate any background air samples and/or dust samples (as needed), and final clearance air sampling performed by the VPIH/CIH, and ensure that any patients, staff or visitors who are sensitive to epoxy- or urethane-based encapsulants 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.

14. Contractor shall work with Facilities Management Service/Engineering to ensure that there is a continuous and uninterrupted electrical power supply for each HEPA-filtered Local Exhaust Ventilation machine used to maintain the regulated work area at the negative pressure differential required by the applicable VA asbestos abatement specifications. Portable internal combustion electric generators are prohibited from use inside building spaces due to fire and carbon monoxide hazards.

15. Final Clearance Visual Inspections, Sampling and Testing:

a. All final clearance visual inspections, bulk and air sampling and testing shall be performed by or under the direction of the independent third-party VPIH/CIH retained directly by the VA who is AHERA-accredited and licensed by the applicable State for collecting bulk samples for asbestos analysis and, where applicable, State certified and licensed for conducting final clearance surface and air testing immediately following asbestos abatement (e.g., Massachusetts Asbestos Project Monitor).

b. All laboratory testing and analysis of bulk and air samples for asbestos shall be performed by an environmental testing laboratory meeting the requirements of the Federal and State EPA, applicable VA CFM Traditional Asbestos Abatement Specifications and this SOW and approved in advance by the VA COR.

c. d. All field counting of fibers by phase contract microscopy (PCM) shall be performed by an IH Technician (or in Massachusetts, a State certified and licensed Asbestos Project Monitor) working under the supervision of the VPIH/CIH, and who shall have successfully completed a NIOSH 582 course or an AIHA approved NIOSH 582 equivalent course, and who is listed in the AIHA Asbestos Analyst Registry (AAR).

d. Preference shall be for final clearance air sample analysis to be performed by an approved asbestos testing laboratory using the EPA AHERA PCM method, unless PCM sampling is required by an applicable Federal, State or local regulatory requirement or the VA CFM TIL Traditional Asbestos Abatement specifications.

e. The final lab clearance sampling results will be verbally transmitted to the VPIH/CIH and COR as soon as possible upon receipt of verbal results from the approved asbestos testing laboratory, and the VPIH/CIH final report transmitted to the COR as soon as practicable in writing (electronic format such as a PDF is acceptable) following the final visual inspection, final clearance air sampling and laboratory analysis.

16. Project Submittals: The Contractor shall provide the following submittals for approval by the COR for each Task Order for their personnel and any subcontractor personnel performing under this contract , including the CPIH/CIH as applicable:

a. Regulatory notifications (e.g., Federal EPA, State EPA, State OSHA, State and/or local Department of Public Health (DPH)) as required for the jurisdiction in which the asbestos abatement is to be performed.

b. Contractor’s Accident Prevention Plan (APP) and Activity Hazard Analyses (AHA) as required by VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, Section 01 35 26 General Safety Requirements, Subsection 1.4 and 1.5 respectively. Note: The Contractor submits their written APP as part of the initial bid package, and provides material updates to the Contracting Officer upon request throughout the PoP.

c. Emergency Action Plan that meet the requirements of 29 CFR 1910.38 (a);(b), and contact numbers for Federal and State OSHA, Federal and State EPA, and local regulatory authorities (e.g., DPH).

d. Asbestos training certificates for initial and most recent annual refresher training certificate for each Asbestos Worker and Asbestos Abatement Contractor/Supervisor/Competent Person (depending on the state) performing a specific Task Order under this contract, from the applicable EPA-accredited training school.

e. State license for the asbestos abatement firm, and each Asbestos Abatement Worker and Asbestos Abatement Contractor/Supervisor/Competent Person performing a specific Task Order under this contract.

f. Documentary evidence that each Asbestos Abatement Worker and Asbestos Abatement Contractor/Supervisor/Competent Person is enrolled in a medical surveillance program meeting the requirements of 29CFR1026.1101(m), 29CFR1926.1101(h)(2)(ii), and has been medically cleared to wear the class of respirator that will be used on the project as required by 29CFR1910.134(e), e.g., half-face or full-facepiece elastomeric air-purifying respirator; powered, air-purifying respirator (PAPR); supplied-air (“airline”) respirator. NOTE: DO NOT SUBMIT SOCIAL SECURITY NUMBERS OR PROTECTED HEALTH INFORMATION (PHI; pulmonary function test data, clinical notes) AS THIS REPRESENTS A VIOLATION OF 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).

f. Documentary evidence that each Asbestos Abatement Worker and Asbestos Abatement Contractor/Supervisor/Competent Person has been satisfactorily fit tested in the same make and model of tight-fitting respirator as will be used on the project, as required by 29CFR1910.134 (f).

g. For each Asbestos Abatement Worker and Asbestos Abatement Contractor/Supervisor/Competent Person, signed copy of Attachment #2 – Certificate of Worker’s Acknowledgment from the CFM 00 28 11 Traditional Asbestos Abatement specifications.

h. Complete the Summary of Asbestos Abatement Workers and Asbestos Abatement Contractors/Supervisors/Competent Persons Qualifications Excel spreadsheet template provided by the VA.

i. For each Asbestos Abatement Worker and Asbestos Abatement Contractor/Supervisor/Competent Person, Attachment #3 - AFFIDAVIT OF MEDICAL SURVEILLANCE, RESPIRATORY PROTECTION AND TRAINING/ACCREDITATION from the CFM 00 28 11 Traditional Asbestos Abatement specifications.

j. Documentary evidence that the Contractor’s electrically qualified (for the type of electrical equipment being worked on) licensed electrician or master electrician has received training on NFPA 70E Standard for Electrical Safety in the Workplace (2021 or most current edition).

k. All other submittals required by Section 2.4 not otherwise specified in this SOW, Section 2.5.3 (certificates of encapsulant compliance) of the CFM 00 28 11 Traditional Asbestos Abatement specifications or, as applicable, other applicable VA CFM TIL asbestos abatement specifications.

17. Project Occupational Safety and Health 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, VA Medical Center Construction Safety Program requirements, and any special requirements in this SOW and individual Task Orders.

a. Immediately Dangerous to Life or Health (IDLH) Atmospheres. Use of dry ice or liquid nitrogen to remove vinyl asbestos tile and associated mastic could produce an oxygen-deficient (less than 19.5% oxygen by volume in air) IDLH atmosphere within the regulated area containment if the ventilation fails (e.g., due to electrical power failure). Use of dry ice or liquid nitrogen methods requires the Contractor and any subcontractors to provide properly calibrated and fully functional portable, real-time oxygen sensors equipped with audible and visible alarms, and prior written approval of the VA Contracting Officer and COR after approval by the VA Safety Manager/ Officer. NOTE: This approval may be contingent upon providing individual emergency escape breathing apparatus (EEBA) if the work is being performed in a confined space or other limited egress area where immediate escape is not possible upon activation of a real-time oxygen sensor alarm (i.e., below 19.5% oxygen).

b. Electrical Safety. Electrical hazards include electric shock, electrocution (fatal electric shock), arc flash and arc blast. Construction-type ground fault circuit interrupters (GFCIs) are required in regulated areas at all times. When electrical work is required (e.g., de-energizing electrical circuits, providing temporary power), Contractor 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 (2021 or most current edition) with appropriate voltage-rated and arc-rated personal protective clothing and equipment ensemble appropriate for the calculated incident energy, appropriate voltage-rated gloves, @@@ NRTL-rated multimeters and insulated tools. Note that the verification of the absence of voltage following lockout/tagout (LOTO) is considered live work under NFPA 70E. Contractor shall not allow any of its employees other than electrically qualified (for the type of electrical equipment being worked on and current NFPA 70E training) licensed electricians or licensed master electricians to work on energized electrical circuits and components, or to verify the absence of voltage as part of lockout/tagout procedures. ALL APPRENTICE ELECTRICIANS ARE CONSIDERED ELECTRICALLY UNQUALIFIED PERSONS, AND MUST BE ACCOMPANIED IN-PERSON BY A LICENSED ELECTRICIAN OR MASTER ELECTRICIAN AT ALL TIMES WHEN THERE IS THE POTENTIAL FOR EXPOSURE TO ELECTRICAL SHOCK AND ELECTRICAL ARC FLASH/ARC BLAST HAZARDS.

c. Fall Protection.

(1) Per VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, 01 35 26, SAFETY REQUIREMENTS, Section 1.16 – Fall Protection, the threshold height triggering fall protection requirements is four (4) feet for all work performed under this contract. @@@

(2) Contractor is required to develop and submit a written Fall Protection Program (FPP) at the beginning of award, and a site-specific Fall Protection and Prevention Plan (FPPP) for each Task Order in which asbestos abatement work will be conducted above four (4) feet.

(3) The Contractor is also required to submit the name and qualifications of the Competent Person and Qualified Persons, and their training credentials and experience with respect to fall prevention and fall protection.

(4) The FPPP must include a Rescue Plan which specifically identifies the rescue modes and equipment required for all possible fall scenarios. If body harnesses are used then the plan shall specifically address the risk of suspension trauma, in which case trained rescue crews with equipment capable of rescue from the working elevations shall be on-scene within 5 minutes of notification.

(5) The FPPP and FPP must be approved in writing by the VA Safety Manager/Officer prior to start of work. Any deficiencies in the FPPP must be corrected to the satisfaction of the VA Safety Manager/Officer prior to start of work.

d. Written Respiratory Protection Program (RPP): Contractor shall submit its written RPP covering all classes of NIOSH-approved respirators that Contractor’s personnel will use on projects, and the name, credentials, qualifications and professional experience of the Contractor’s RPP Coordinator. The Contractor’s written RPP must be approved in writing by the VA COR with input from the VA facility Safety Manager/Officer and Industrial Hygienist.

e. Safety Data Sheets (SDS) for Hazardous Chemicals/Materials:

(1) Globally Harmonized System (GHS) compliant Safety Data Sheets (SDS) required by OSHA 29 CFR 1910.1200 Hazard Communication Standard. Contractor shall submit a SDS for all proposed encapsulants, mastic removers and related hazardous chemicals/materials including solvents to be used on the project for approval by the VA Safety Manager/Officer prior to award. The SDS 313 shall include information on nanoparticles when present in the product.

(2) All solvents (e.g., mastic removers) and solvent-containing products (e.g., encapsulants) used on the project shall be subject to approval by the VA Safety Manager/Officer, and shall be non-flammable, non-combustible and environmentally acceptable (e.g., no ozone-depleting constituents) and green (e.g., soy-based), and do not contain any constituent that would cause the solvent or product to become a regulated as a Federal or State EPA hazardous waste when spent (e.g., “D-listed” characteristic wastes, “F-listed” solvents). Solvents (e.g., mastic removers) and solvent-containing products (e.g., encapsulants) shall not create any noxious or offensive odors outside of the regulated area containment.

FAILURE TO STRICTLY ADHERE TO OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO A STOP WORK ORDER BY THE CONTRACTING OFFICER UNTIL THE IDENTIFIED ISSUE IS CURED TO THE VA’s SATISFACTION, OR TERMINATION FOR CAUSE BY THE CONTRACTING OFFICER.

18. Life Safety:

a. Interim Life Safety Measures (ISLM).

Contractor and all subcontractors performing under this contract shall at all times comply with NFPA 101 (Life Safety Code, most current edition). Contractor and all subcontractors shall at all times fully comply with the following requirements of a Fire Protection Plan (FPP):

(1) Life Safety Systems shall not be disabled, blocked, or compromised in any way. Life Safety Systems include but are not limited to: paths of emergency egress, stairwells, fire/smoke doors, fire/smoke walls, exit doors, emergency lighting, fire alarm actuation devices, fire alarms (visual and aural), smoke detectors, heat detectors, any portion of the fire sprinkler system. For questions, contact the VA COR or local Safety Office.

(2) An ILSM shall be requested using the procedures established by the Medical Center prior to disabling, blocking or compromising the integrity of any portion of the Life Safety system. An ILSM will delineate measures which shall be implemented prior to any compromise to any Life Safety component and maintained for the duration of the compromise.

(3) If damage occurs to any Life Safety System, the Contractor shall immediately contact the COR or Safety Office and request an immediate ILSM while ensuring the safety of all people affected by the damaged components.

(4) Ensure all exits provide free and unobstructed egress. Contractor shall maintain escape facilities for VA patients, employees, visitors and construction workers at all times. Means of egress in construction areas will be inspected daily by the Contractor’s Competent Person. If required by Contractor’s operations, establish and mark alternate means of egress. Impaired exits must be prominently marked as such, and include signage directing patients, visitors, staff and Contractor’s employees to designated alternate egress pathways/emergency exits.

(5) Ensure free and unobstructed access at all time to all areas of the project site for emergency services (e.g., no temporary accumulation of equipment or asbestos wastes).

(6) Ensure that all fire alarm, notification, detection, and suppression systems are not impaired by Contractor’s operations. If they must be disabled during asbestos abatement, the Contractor must request an

(7) Provide written procedures for asbestos abatement personnel to use in providing emergency notifications (police/fire/EMS) and post outside the decon chamber.

(8) Maintain the construction area at all times to minimize the potential for fire or safety hazards resulting from energized temporary electrical circuits and equipment, storage of construction materials, hazardous chemicals/materials, asbestos wastes and debris during construction operations.

(9) All temporary construction shall be built of noncombustible/fire retardant materials with an appropriate fire rating and shall be smoke tight. All fire barriers and smoke barriers must be approved in writing by the VA Safety Officer prior to commencement of the project.

(10) No Flammable materials shall be allowed in construction areas unless they are necessary for the performance of the contracted work. The use of flammable materials shall adhere to the following restrictions: use shall be approved by the COR or Safety Office; proper fire protection equipment shall be immediately available; only the minimum amount of flammable materials shall be brought to the job site; when not in use the flammable materials shall be removed from the job site.

(11) All “hot work” requires a permit from the Engineering or Safety Office.

(12) Any sprinkler heads or smoke detectors that have been impaired by encapsulant overspray or that were damaged or destroyed during asbestos abatement activities must be replaced at the Contractor’s expense.

(13) Any encapsulant overspray on color coded fire detection system conduit and suppression system piping must be cleaned off by the Contractor before demobilizing.

(14) Enforces storage, housekeeping, and debris-removal practices that reduce the building’s flammable and combustible fire load to the lowest feasible level.

(15) Remove temporary covers on smoke detectors and sprinkler heads at the end of each workday. Coordinate with Project Engineer and Facility Safety Manager/Officer.

b. Penetrations of Fire and Smoke…