Lead Based Paint PWS 1-21.pdf

U.S. Department of Housing and Urban Development

Performance Work Statement (PWS) Lead-Based Paint Evaluation Support Services

Office of Single-Family Asset Management

January 21, 2020

Vision Statement: The Department of Housing and Urban Development (HUD) / Office of Single-Family Asset

Management (SFAM) is seeking contractor support to achieve operational excellence in inspection and evaluation of lead-based paint in HUD owned properties.

1 General Information

1.1 Introduction

1.2 Background

1.3 Constraints

1.4 Description of Services

1.5 Non-Personal Services

1.6 Period of Performance

1.7 Place of Performance

1.8 Hours of Operation

1.9 Special Qualifications

1.10 Post Award/Kickoff Conference

1.11 Status Meetings

1.12 Contractor Travel

1.13 Transition In

1.14 Transition Out

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

3 Government-Furnished Property and Services

3.1 Materials

3.2 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.1 Facilities

4.2 Equipment

4.3 Material

4.4 Contractor Responsibilities

4.5 Contractor Personnel

4.6 Identification of Contractor Employees

4.7 Quality Control

4.7.1 Quality Control Plan

5 Specific Tasks and Deliverables

5.1 Visual Assessments

Field Data Collected During the Visual Assessment

Performance Standards

Deliverables

5.2 Lead Based Paint Inspections

1. Assemble a property profile

2. Prepare site visit preparation summary

3. Identify, categorize and record all deteriorated paint, paint chips and paint debris

4. Review Collected Data

5. Specifications for Collection of Paint Samples

6. Create a Lead Based Paint Inspection Report

Performance Standards

Deliverables

5.3 Lead Based Paint Stabilization Plan

Performance Standards

Deliverables

5.4 Clearance examination and Clearance Report

1. Exemption for Clearance of Small (de minimis) Area

2. Clearance Process

3. Hazard Reduction or Maintenance Activity

Performance Standards

Deliverables

6 Deliverables and Milestones

6.1 Quality Control Plan

6.2 Monthly Status Report

6.3 Certification Report

6.4 Transition-Out:

6.5 Deliverables and Milestone Schedule

6.6 Acceptance Criteria

7 Performance Requirements Summary

8 Related Documents

APPENDIX A- LEAD-BASED PAINT INSPECTION PROPERTY PROFILE

APPENDIX B- VISUAL ASSESSMENT FOR DETERIORATED PAINT

Appendix C- PAINT / DUST / DEBRIS DATA FORM

Appendix D- CHAIN OF CUSTODY FORM

Appendix E- CLEARANCE SUMMARY REPORT

1 General Information

1.1 Introduction

The Department of Housing and Urban Development (HUD) / Office of Single-Family Asset Management (SFAM) requires contractor support to inspect, evaluate and prepare stabilization plans and clearance examination on HUD owned properties. These services shall include performing lead-based paint inspections, preparing lead-based paint stabilization plans and clearance examinations.

1.2 Background

HUD's SFAM administers a program for inspection and evaluation of deteriorated lead-based paint in HUD-owned

Single-Family properties (with 1 to 4 units each), following default of Federal Housing Administration (FHA) insured mortgages and possession of title. Lead-based paint support services are provided to each of the four (4)

Homeownership Centers: Atlanta, GA; Denver, CO; Philadelphia, PA; and Santa Ana, CA. The City of Philadelphia requires a certification from the city complying with city’s regulations along with clearance certification.

1.3 Constraints

All inspections and evaluations shall be conducted in accordance with all applicable regulations, standards and protocols.

Should any of the requirements in this contract differ with those of the applicable regulations, the most stringent requirements shall be followed. When more than one regulatory provision applies to a condition or activity, the most stringent shall be used. Applicable regulations are those that are in force when and where the lead inspection is conducted, including, but not limited to the following:

U.S. Department of Housing and Urban Development (HUD): 24 CFR 35 https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines

U.S. Occupational Safety and Health Administration: 29 CFR 1910, 1926 https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.62

U.S. Environmental Protection Agency: (EPA): 40 CFR 260-266, 745 https://www.epa.gov/lead

U.S. Department of Transportation 49 CFR 171-177 https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfrv2_02.tpl

HUD's Technical Protocol for Lead Risk Assessment Inspections

Lead-based Paint Visual Assessment Training https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm

Tribal regulations for properties located within the jurisdictions of a tribe; the contractor shall contact the tribe directly for the applicable Tribal regulations.

State regulations: The contractor shall refer to / contact each state individually for applicable State regulations.

All lead-based paint inspectors shall be licensed within the state in which they are performing the inspections and/or clearance testing and have successfully passed all applicable State and/or EPA certification exams.

1.4 Description of Services

The contractor shall provide inspection services to determine the presence of lead-based paint in HUD owned properties.

The LBP Evaluation services shall include:

• Lead based paint Visual Assessments https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.62 https://www.epa.gov/lead https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfrv2_02.tpl https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm

• Lead-based paint Inspections

• Paint stabilization plans

• Clearance examinations

Detailed descriptions of specific tasks are provided in Section 5 Specific Tasks and Deliverables.

1.5 Non-Personal Services

The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services.

If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the

Contractor's responsibility to notify the Contracting Officer (CO) immediately. These services shall not be used to perform work of a policy, decision making or management nature, i.e. inherently Government functions. All decisions relative to programs supported by the Contactor shall be the sole responsibility of the Government.

1.6 Period of Performance

The Period of Performance will be for five (5) years.

1.7 Place of Performance

The services to be performed under this contract shall be performed at HUD-owned Single-Family properties (1 to 4 units each) located throughout the United States, Alaska, Hawaii, Guam, Northern Mariana Islands and Puerto Rico.

1.8 Hours of Operation

The Project Manager or alternate shall be available to Government personnel between the hours of 8:00am to 4:30pm local time, Monday through Friday, except Federal Holidays or when the Government facility is closed for any reason.

1.9 Special Qualifications

All lead evaluations shall be conducted by lead based paint inspectors or certified risk assessors. The contractor is responsible for ensuring all lead-based paint inspectors and risk assessors possess and maintain current professional certification under appropriate EPA, EPA authorized State, Indian tribal or local regulations during the execution of this contract.

Lead-based paint inspectors shall have successfully passed all applicable State or EPA certification exams. See the EPA web site, "Training and Certification Program for Lead-Based Paint Activities in Target Housing and Child Occupied

Facilities - Section 402/404," at www.epa.gov/lead/leadcert.htm, for lead certification program information, and the

HUD Lead Listing web site, at https://apps.hud.gov/offices/lead/lbp/hudguidelines/Ch07.pdf, for information on certification course training providers.

Clearance examinations shall be performed by:

(1) A certified risk inspector or;

(2) A certified lead-based paint inspector.

All quality control checks of submitted reports shall be performed by a certified risk assessor.

Lead-based paint inspectors who are not certified risk assessors shall complete the HUD visual assessment course, "Lead-Based Paint Lead based Paint Visual Assessment Training", and successfully pass the end-of course examination within 30 calendar days after contract award. The course is available at https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm. A certificate of successful completion shall be submitted to the Contracting Officer’s Representative (COR). No inspections shall be conducted by any individuals who have not successfully completed the required training and submitted the required certificates of completion.

http://www.epa.gov/lead/leadcert.htm https://apps.hud.gov/offices/lead/lbp/hudguidelines/Ch07.pdf https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm

Paint chip samples (if any) shall be assigned unique identification numbers, and be recorded on a chain of custody form meeting the requirements of its HUD-approved equivalent and sent for laboratory analysis.

1.10 Post Award/Kickoff Conference

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The conference will be conducted via [telephone, video conferencing]. The

Contracting Officer or designee will provide the contractor with the date, time and contact information for the conference.

1.11 Status Meetings

The Contracting Officer, Contracting Officer’s Representative (COR) and other Government personnel, as appropriate, may meet periodically with the Contractor to also review Contractor performance, requirement status, etc. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Post award conference and subsequent meetings may be held via teleconference.

1.12 Contractor Travel

Not Applicable (NA)

1.13 Transition In

NA.

1.14 Transition Out

To minimize any decrease in productivity and to prevent possible negative impacts on services, the successor Contractor shall complete all assignments made prior to the end of their contract.

2 Definitions and Acronyms

2.1 Definitions

Asset Management Services provide asset marketing and sales of HUD owned properties.

Acceptable Quality Level- Percentage or minimum required acceptable level of service.

Business/Workdays - Every official workday of the week which days between are and including Monday to Friday.

This does not include public holidays and weekends.

Calendar Day -Any day of the week.

Contractor- A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contracting Officer (CO)-An employee of the Federal government with authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: the only individual who can legally bind the Government.

Contracting Officer's Representative (COR)-An employee of the U.S. Government appointed by the Contracting

Officer to perform contract administration activities regarding technical issues. This individual has authority to provide technical direction to the Contractor if direction is within the scope of the contract, does not constitute a change and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Defective Service - A service output that does not meet the standard of performance associated with the Performance

Work Statement.

Deliverable - Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Field Service Management provide property maintenance and preservation services consisting of, inspecting the property, securing the property, performing cosmetic enhancements/repairs, and providing on-going maintenance.

Government Furnished Property (GFP) - Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Performance Requirements Summary (PRS) - A listing of the performance requirements under the contract that are to be evaluated by the Government on a regular basis, performance indicators for these requirements, performance standards for these requirement and surveillance methods to be used to determine if performance standards are met.

Performance Standard - the Contractor's performance level required by the Government.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions that describe the required results in clear, specific and objective terms with measurable outcomes.

Physical Security - Actions that prevent the loss or damage of Government property.

Quality Assurance (QA) - Policies and procedures adopted by the Government to ensure that supplies and services acquired under Government contracts conform to the contracts quality requirements.

Quality Assurance Surveillance Plan (QASP) - A plan describing how the agency will survey, observe, test, sample, evaluate and document the Contractor's performance in meeting critical performance standards identified in the contract.

Quality Control (QC) - All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.

Service Contract - A contract that directly engages the time and effort of a Contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.

Subcontractor - Any person , other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. The Government does not have privity of contract with a subcontractor.

Subject Matter Expert - Any person possessing expert knowledge of the FAR, HUDAR, and all other applicable

Federal and Departmental regulations, policies, and procedures.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

AM Asset Management

AQL Acceptable Quality Level

CO Contracting Officer

COR Contracting Officer Representative

EPA Environmental Protection Agency

EST Eastern Standard Time (U.S.)

FHA Federal Housing Administration

FSM Field Service Manager

HUD U.S. Department of Housing and Urban Development

HUDAR HUD Acquisition Regulation

NLLAP National Lead Laboratory Accreditation Program

OCPO Office of the Chief Procurement Officer

PM Project Manager

POC Point of Contact

QA Quality Assurance

QASP Quality Assurance Surveillance Plan

QCP Quality Control Plan

STD Standard

XRF X-ray fluorescence

3 Government-Furnished Property and Services

The Contractor shall ensure accurate control and accountability of all Government-Furnished Property in accordance with the terms and conditions of this contract. The Government will furnish, at no cost to the Contractor, the GFP shown below.

3.1 Materials

The Government will provide guidelines and regulations as identified within this PWS. Copies of required materials may be provided to the Contractor in hard copy or soft copy. All materials will remain the property of the Government and will be returned to the COR upon request or at the end of the contract period.

3.2 Quality Assurance (QA)

The Government will evaluate the Contractors performance under this contract in accordance with the Quality Assurance

Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable quality level.

4 Contractor-Furnished Items and Services

The Contractor shall furnish, all facilities, equipment and supplies required to perform the work under this contract that are not listed under Government-Furnished Property and Services.

4.1 Facilities

The Contractor shall furnish all facilities required to perform the duties of this contract.

4.2 Equipment

The Contractor shall furnish all equipment required to perform the duties of this contract.

4.3 Material

The Contractor shall furnish all materials required to perform the work under this contract. The FSM contractor shall provide key codes at the time of property assignment.

4.4 Contractor Responsibilities

The Contractor shall only conduct business with designated Government personnel listed as points of contact (POCs).

Names of authorized personnel shall be provided to the Contractor by the COR, in writing and updated as necessary throughout the contract period.

U.S. Government records, copies of original results and reports, verified original data, corrected data and corrected supporting final reports which are maintained by the Contractor shall remain the property of the U.S. Government.

These files/results shall be surrendered to the COR.

4.5 Contractor Personnel

The Contractor shall provide a Project Manager who shall be responsible for the performance of work. An alternate shall also be designated to act in the absence of the Project Manager. These Contractor personnel (main point of contact and alternate point of contact) are considered Key Personnel by the Government and shall be listed as such in accordance with HUDAR 2452.237-70, “Key Personnel”.

The Project Manager (PM) and alternate shall have full authority to act on all contract matters relating to daily operations of this contract. Accordingly, at a minimum, the points of contact shall have the technical knowledge of the requirement and be in the position to actually receive assignment, guidance and direction from the COR and CO per HUDAR

2452.237-73, Conduct of Work and Technical Guidance and each Firm-Fixed Unit Pricing shall include as a part of the total unit price, enough PM effort allocated to the requirement to ensure successful performance. These points of contact shall each be an employee of the Contractor. An employee of a subcontractor is not acceptable for either of these positions.

The Project Manager or alternate shall be available to Government personnel between the hours of 8:00am to 4:30pm local time, Monday through Friday, except Federal Holidays or when the Government facility is closed for any reason.

4.6 Identification of Contractor Employees

All Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.

Contractors/subcontractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation. Where practicable, Contractor/subcontractors occupying collocated space with their Government program customer shall identify their workspace area with their name and company affiliation, or at a minimum shall state “Contractor” after name.

4.7 Quality Control

The Contractor shall establish and maintain a complete Quality Control Program that shall ensure services are performed in accordance with this contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-reoccurrence of defective services. The Contractor's quality control program is the means by which he assures himself that his work complies with the requirements of the contract. The Contractor shall provide the associated

Quality Control Plan to the Government as directed.

4.7.1 Quality Control Plan

The Contractor shall develop, maintain, enforce, and document a Quality Control Plan (QCP). The QCP shall ensure the Government receives the level of quality that is consistent with the requirements specified in this contract. The QCP shall be sufficiently detailed to provide the Contractor's methodology for identifying and recruiting qualified personnel. The QCP shall also provide the Contractor's methodology for resolving problems identified by the Government during reviews conducted in accordance with its Quality Assurance

Surveillance Plan (QASP). The QCP shall also provide the Contractor's methodology for establishing an internal feedback system for support personnel, and for resolving problems identified by that feedback system.

The QCP shall demonstrate and validate that the services or deliverables to be provided under the contract are completed with a level of quality that meets the minimum performance threshold established in the

Government's QASP. The QCP shall address Quality Management Approach, Quality Assurance, Quality

Control and Quality Standards.

5 Specific Tasks and Deliverables

5.1 Visual Assessments

The Contractor shall conduct visual assessments of assigned properties. Before performing visual assessments, the

Contractor will receive a notice of assignment which shall include the following property profile information:

▪ FHA Case Number

▪ Property Address, City, State, Zip Number of Units 1-4

▪ Nominal Year of Construction.

The Contractor shall, within one business day of receipt of notice of assignment, provide the FSM via email the following information for each property assigned:

▪ Evaluation Company

▪ Evaluation Team Leader

▪ Scheduled Lead Inspection/Visual Assessment Evaluation Start Dates

▪ Reason for inspection/assessment delay, if applicable.

The Contractor shall travel to the site with all equipment, materials, and supplies needed to conduct the visual assessment of the dwelling. The Contractor shall conduct a visual assessment of all interior and exterior areas in order to identify and record those locations that may, if the paint is lead-based paint, pose a lead-based paint hazard. Only in those instances where lead-based paint hazards are identified shall the Contractor conduct a lead-based paint inspection. All visual assessments shall conform with ASTM E2255 "Standard Practice for Conducting Visual Assessments for Lead Hazards in Buildings" and with HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing”, Chapter 7 (2012 revision) of each single-family residence identified in the notice of assignment.

If it has been determined after completing the visual assessment that no further action is needed, the Contractor shall submit to the FSM within six business days of initial assignment a Visual Assessment Report.

Field Data Collected During the Visual Assessment

Final Review of Collected Data. The purpose of this visual assessment is to catalog the findings usable for developing lead hazard management programs and in making lead hazard control recommendations. Findings shall be determined by creating a final tabular listing of items identified during visual assessment and assigning condition categories (good, fair, or poor) to each of the items. This final assessment shall be included in the report to the COR and it serves to provide a summary of the visual assessment. The following shall be used to create the final tabular categorized listing for each item identified as deteriorated paint or deteriorated lead-based paint:

a. Record the location, description, type, and condition of the observed deteriorated component, as determined during the site visit. When multiple components of the same type within a room, common area or exterior site are tested, assessment shall proceed from left to right, when facing the item, with each component assigned a replicate number, such as column 1, column 2, etc. If only one item is present, no additional numbering is required. For deteriorated paint items, include the potential cause of the deterioration on the tabular listing, if practicable.

b. Record any appropriate use or use pattern notes that go with the item as determined during the site visit.

If the visual assessment reveals no lead-based paint in a property and the AM contractor indicates that an assessment is needed because the property is an older property that will be sold with FHA insurance, the contractor will supplement the assessment report with a clearance form.

Performance Standards

Standard (STD): Conduct Lead based paint visual assessment and submit a Lead based paint assessment Report within 6 business days of initial assignment.

Acceptable Quality Level (AQL): 98% Error Free

Deliverables

A4 Lead based paint visual assessment report

5.2 Lead Based Paint Inspections

The Contractor shall conduct lead-based paint inspections and submit a Lead-Based Paint Inspection Report to the FSM within (6) six business days of initial assignment. Lead-based paint inspections shall be conducted in all rooms, areas and exterior sites. The Contractor may choose to conduct several of the activities simultaneously as needed to complete each lead-based paint inspection. The lead-based paint inspection process is as follows:

1. Assemble a property profile.

Using the background information acquired, assemble a profile of the property including information on all the items presented in the Appendix A, “Lead-Based Paint Inspection Property Profile”.

2. Prepare site visit preparation summary.

All data gathered above shall be reviewed, evaluated, and summarized into an internal site visit preparation summary by the lead-based paint inspector before visiting the site. The contractor shall use this summary to direct efforts during the on-site visit. Permission-related releases shall be grouped together and attached to the summary for quick reference. The background information and property profile data previously collected shall be used to construct this listing.

3. Identify, categorize and record all deteriorated paint, paint chips and paint debris.

At a minimum, the following identifiers shall be recorded for each identified and recorded item:

a. Record the physical location of the deteriorated paint, paint chips, and/or paint debris.

b. Record a description of the deteriorated paint, paint chips, and/or paint debris.

c. Record the type of deteriorated paint, paint chips, and/or paint debris.

d. Record and categorize the condition of the deteriorated paint, paint chips, and/or paint debris.

(1) General condition information to be recorded is indicated in Appendix B “Visual Assessment for Deteriorated Paint”.

(2) In addition to recording this information, categorize the physical condition of each item into categories: either good, fair, or poor.

e. For deteriorated paint, identify the potential cause of the deterioration. For each incident of deteriorated paint record the most probably cause(s) of the deterioration. Identify, if practicable, whether the probable cause of deterioration is moisture damage, friction and impact damage, or poor surface preparation.

4. Review Collected Data.

Review, evaluate, and summarize all available data gathered from the visual assessment and previously collected data to provide a frame of reference for asking questions and understanding answers from the acquired information.

5. Specifications for Collection of Paint Samples.

Lead determination of coatings not amenable to X-ray fluorescence (XRF) testing (highly curved, ornate or restricted space locations) shall be tested by sample collection followed by laboratory analysis. For collected paint samples, the Contractor shall ensure that all area dimensions are collected and recorded in centimeters

(with precision to the nearest millimeter). The requirements of ASTM E1729 "Standard Practice for Field

Collection of Dried Paint Samples for Lead Determination by Atomic Spectrometry Techniques” or its HUD-approved equivalent, shall be used for paint sample collection. For each submitted sample, the contractor shall provide the laboratory with the collection dimensions in centimeters (with precision to the nearest millimeter) and obtain the results from the laboratory required for reporting under this contract.

a. Paint chip samples (if any) shall be assigned unique identification numbers, and be recorded on a chain of custody form meeting the requirements of ASTM D 4840, “Standard Guide for Sampling Chain-of-

Custody Procedures," or its HUD-approved equivalent, and be sent for laboratory analysis. Paint chip samples shall be taken only when necessary because no other painted surface with the same painting history as the surface in question is available on which to perform XRF testing. Paint chip samples shall be minimized, but not be commingled or composited.

b. For each testing combination in the dwelling, one location per testing combination shall be tested except for interior and exterior walls, where one location on each wall shall be tested.

c. All tests shall be directed to locations that represent all layers of the coating on the component. Specific test results for each and every testing combination tested by the contractor shall be reported regardless of the classification as to containing or not containing lead-based paint.

d. For each residence inspected, the contractor shall either acquire an existing floor plan or create a floor plan.

This floor plan shall clearly indicate the major architectural features, such as windows, doors, closets and compass orientation. The floor plan does not need to be drawn to scale but shall be recognizable to an occupant of the residence. The intent of the floor plan is to provide HUD and/or the prospective Owner with a map for codes and terms used by the inspector to track and report results. The contractor shall ensure that reported test result locations correlate with designations used on the floor plan. Component and room equivalent names shall be consistent throughout the report. The designations shall be used to record, and report locations of tests made on testing combinations.

e. The contractor shall place on the floor plan a unique label for each room (such as living room, bedroom 1, bedroom 2,) or common area (such as hallway 1, hallway 2) and a wall orientation designation using the letters A, B, C, and D starting with the wall to the left of the main entryway into the dwelling.

f. When multiple components of the same type are tested within a room, a common area, or exterior site, testing shall proceed from left to right, when facing the component, with each component assigned a replicate number, such as column 1, column 2. If only one item is present, no additional numbering is required.

g. Exteriors shall be included for testing. For each exterior site inspected, the contractor shall either acquire an existing site plan or create a new site plan. This site plan shall clearly indicate the major architectural and topographical features, such as the locations of properties and other structures; fences, streets, driveways and parking lots; pools, ponds and streams; large hills and ditches; and compass orientation. The site plan does not need to be drawn to scale but should be recognizable to an occupant of the dwelling. The intent of the site plan is to provide HUD and/or the prospective Owner with a visual definition map for codes and terms used by the inspector to track and report results. The contractor shall ensure that reported test result locations correlate with designations used on the site plan. Names of architectural and topographical features shall be consistent throughout the report. The designations shall be used to record, and report locations of tests made. The contractor shall place on the site plan a unique label for each major architectural and topographical feature.

h. Wallpaper shall be tested because it may cover lead-based paint. Components not listed in Table 7.1 of the

HUD Guidelines Chapter 7 that are coated with paint, varnish, shellac, wallpaper, stain, or other coatings shall also be considered as a separate testing combination and tested as such.

i. The contractor shall regard parts of components as separate testing combinations if they have evidence that different parts have separate and distinct painting histories.

j. Painted furniture that is physically attached to the residence shall be included for testing.

k. Substrates shall be identified as one of the following types: brick, concrete, drywall, metal, plaster, or wood. Other substrate types shall be assigned the closest among the designated types based on density, porosity, and other physical factors, with the inspection record annotated with the actual substrate type.

6. Create a Lead Based Paint Inspection Report

Prepare a Lead-Based Paint Inspection Report in accordance with 24 CFR 35.1320(a), which shall address each residence, room, area and exterior site for which a lead-based paint inspection was performed. The report shall also include the following: A. Summary of Findings, B. Lead-Based Paint Inspection Data Supplement, C. Tabular Listing of

Findings, and D. Field Data Collected During the Lead-Based Paint Inspection

A. Summary of the Findings

Depending on the evaluation type, the Summary of Findings shall include each of the following:

a. A summary of the visual assessment findings.

b. A description of the location, type, and condition of identified deteriorated paint, or paint debris.

c. A summary table of all inaccessible areas and special conditions that substantively deterred access to areas that were not evaluated.

B. Lead-Based Paint Inspection Data Supplement

The contractor shall prepare and issue a lead-based paint inspection data supplement for each single-family residence where a lead-based paint inspection was ordered and performed. This supplement shall provide the following general information: a summary of the lead-based paint inspection activities, a summary of the findings, and all field and laboratory data collected during the lead-based paint inspection. Federal, State, Indian tribal or local regulations governing lead-based paint inspections may have specific regulatory requirements and shall be followed. However, such requirements shall not lessen the record-keeping identified herein. In addition, the following information shall be documented in the lead-based paint inspection data supplement for each single-family residence:

a. Client Information.

(1) Name, address and telephone number of the person and the organization that ordered the lead-based paint inspection.

(2) Relationship(s) of the person and the organization that ordered the lead-based paint inspection to the property (owner, buyer, tenant, lender, insurer, etc.).

b. Information on the Evaluated Property, including:

(1) Address of the evaluated property, and other unique identifier, including the FHA case number.

(2) Name, address and telephone number of the Owner of the property, if applicable.

(3) The type of property (single-family residence, apartment, etc.), year of construction, type of construction and, as applicable, the identifier (such as number or geographic site).

c. Name, address, telephone number, and EPA, Indian tribe, or State lead-based paint inspection or risk assessment firm certification/license number and expiration date of the lead evaluation firm that performed the work.

d. Name and signature, address, telephone number, and EPA, Indian tribe, or State lead discipline certification or license numbers and expiration dates of each lead-based paint inspector or risk assessor and/or other person who participated in the lead-based paint inspection.

e. For each laboratory utilized, the names, address and telephone number of the laboratory, along with the

National Lead Laboratory Accreditation Program recognition status of this laboratory for analysis for lead in the medium analyzed, at the time samples were processed.

f. Starting and ending times and date(s) the inspection was performed, including the dates and times the inspectors were actually at the property.

g. Makes/brands, models and serial numbers of all field sampling equipment and Certified Reference

Materials, plus any relevant calibration or performance related information for this equipment, including, for each XRF instrument, source type, source date, Performance Characteristic Sheet name, edition and publication date, and calibration validation check standard nominal values.

h. A list of definitions used throughout the inspection data supplement. This shall include but not be limited to the following:

(1) Federal, Indian tribe, State, or local lead action levels used to determine the presence or absence of lead-based paint.

(2) A list of defined technical terms (glossary) used to report the results. At a minimum, this list

(glossary) shall contain definitions for building and codes (such as wall orientation and sampling identification codes) used in reporting lead measurement results. This may be done by enclosing

(with authorship citation) standard nomenclature text containing building component names and definitions. Any unique or local name for building components used in the supplement shall also be defined.

(3) A list of abbreviations used in the supplement with their full meaning.

(4) A statement whether there were any variations in testing protocols used to collect the data from the standard methods, and a description of each such variation.

(5) A statement that the presence of lead-based paint (if found) must be disclosed to potential new buyers (purchasers) and renters (lessees) prior to obligation under a sales contract or lease, in accordance with Federal law (see 24 CFR part 35, subpart A, and/or 40 CFR part 745, subpart F).

(6) A statement explaining, if testing or sample results are missing, the rationale for such an occurrence, e.g., inaccessible areas, and the efforts made to overcome the occurrence.

C. Tabular Listing of Findings

The contractor shall furnish a tabular listing of each test result for all testing combinations classified as lead-based paint. At a minimum, this listing shall contain the following information for each reported testing combination:

a. The unique test identification number (ID) for each testing combination result.

b. The location description of the testing combination where any XRF measurement or paint sample was collected.

c. The XRF and/or laboratory analysis measurement value with units of measure, i.e., for paint, mg/sq. cm.

d. The lead classification results and a table showing the total number of XRF readings and paint chip samples taken, the numbers of readings positive for lead-based paint, and the percentage of positive readings.

e. A summary table of all inaccessible areas, and of special conditions that substantively deterred access to areas that were not evaluated.

f. A summary table identifying each group of similar dwelling units, common areas, and exterior sites, where lead-based paint was found and the supporting rationale for why any extrapolations were or were not made.

g. A statement regarding the interpretations and possible actions that may be taken when only a few results indicate the presence of lead-based paint. Such a statement might include the following, or similar HUD-approved, wording:

There were a small number of results with positive lead-based paint. The AM and/or FSM may wish to obtain additional services from a lead-based paint inspector or risk assessor, such as the one who did the inspection, to help to explain how to address the limited number of positive findings in developing the paint stabilization plan that would result in the reduction of risk to the prospective buyer.

h. A statement encouraging the prospective Owner to retain a certified professional to deal with the data and recommendations in the report, such as the following:

Given that the lead evaluation results indicate the presence of lead-based paint, the prospective owner may wish to obtain, at the prospective owner's expense, additional services of a lead-based paint inspector or risk assessor, certified for the State in which the property is located, to help understand the positive results. This person would review the report provided by the AM and/or FSM and might reevaluate any area(s) in question and/or additional areas and might make additional recommendations about lead hazard control actions.

D. Field Data Collected During the Lead-Based Paint Inspection

a. A tabular listing of each test result for all testing combinations tested in the dwelling regardless of lead classification. At a minimum, this listing shall contain the following information for each reported testing combination that was tested:

(1) The unique test identification number (ID) for each testing combination (unique from any other ID number assigned to a testing combination result listed in the reports about the property under this contract).

(2) The location description of the testing combination where the XRF measurement was obtained or the paint sample was collected, including the dwelling unit, common area or exterior site, room equivalent and site within the room equivalent, component type, substrate type, and, where needed to identify the testing combination, paint color.

i. "Room equivalent" shall mean an identifiable part of a residence, such as a room, a house exterior, a foyer, staircase, hallway, or an exterior area, such as a porch, balcony, play area, swing set, sandbox, vegetable garden, or foundation/drip line area. An individual side of a building exterior or a yard is not a separate room equivalent unless there is visual or other evidence that its paint history is different from that of the other sides. For multifamily housing, common areas and exterior sites are treated as separate types of units, not as room equivalents.

ii. At a minimum, the location description shall be sufficient to distinguish among like building components that may have different painting histories present within the same room equivalent (such as "left interior windowsill on west wall in dining room on first floor"). For a paint sample, the dimensions of the sample shall be provided. Codes may be used to provide this information if the codes are defined in the lead-based paint inspection report.

(3) XRF instrument information:

i. The XRF instrument manufacturer, model, and serial number, for each measurement.

ii. If an XRF used has multiple modes of operation available, a statement of which mode of operation was used for each measurement.

(4) Date and approximate clock time of the XRF measurement, or paint sample collection.

(5) XRF and/or laboratory analysis measurement value with units of measure, i.e., mg/sq. cm.

(6) The lead classification result, i.e., positive or negative for the presence of lead-based paint.

(7) Any relevant notes regarding the testing at a testing location.

b. Laboratory reports, providing at least the following results:

(1) The laboratory's National Lead Laboratory Accreditation Program (NLLAP) recognition number for analysis for lead in the matrix analyzed at the time of the analysis.

(2) All other information required by NLLAP, the analytical method used, and as otherwise required.

(3) For each paint analysis for lead:

i. The total collected sample mass in grams.

ii. The sub-sample mass digested and used to make the lead determination.

iii. The total milligrams of lead found per square centimeter.

iv. The total milligrams of lead found per gram of sample.

v. The minimum reporting limit in milligrams per square centimeter, and in milligrams per gram.

(4) In addition, if not in a laboratory report, a tabular listing of the location description of each testing combination associated with each analytical result.

c. For XRF calibration check measurements, results as discussed in ASTM E2119-16 “Standard Practice for

Quality Systems for Conducting In Situ Measurements of Lead Content in Paint or Other Coatings Using

Field-Portable X-Ray Fluorescence (XRF) Devices” or its HUD approved equivalent, and results of other checks recommended by the manufacturer of the XRF instrument, a listing of values, date(s) and approximate clock times.

d. A copy of the floor plans and site plans, with designations provided by the FSM or generated during the lead- based paint inspection.

e. A copy of all signed permission releases obtained to enter the property and/or dwelling unit(s) to conduct the lead-based paint inspection.

f. Any remaining data, miscellaneous forms, diagrams, photos or videos taken as part of the investigation.

Performance Standards

STD: The Contractor shall complete the lead-based paint inspection and submit the Lead Based Inspection Report within

6 business days of initial assignment.

AQL: 98% Error Free

A5 Lead Base Paint Inspections Report

5.3 Lead Based Paint Stabilization Plan

The contractor shall prepare one lead-based paint stabilization plan that identifies the locations of deteriorated lead-based paint for stabilization and a cost estimate for implementing the plan for each HUD-Owned Property assigned where deteriorated lead-based paint has been found. The stabilization plan shall be in enough detail to allow HUD to use it as a document with which to secure quotations to have the remediation performed. The contractor shall use cost estimator software which is specific for LBP stabilization and geographical costs. The cost estimator software shall be able to give an accurate estimate to stabilize each element identified in the lead-based paint inspection as having deteriorated lead-based paint. The stabilization plan shall consider stabilizing those elements in a safe practice and also include the typical costs per the geographical area.

The contractor shall submit the Stabilization Plan which includes a cost estimate to the FSM within six

(6) business days of initial assignment.

Performance Standards

STD: Submit a Lead Based Paint Stabilization Plan.

A6 Stabilization Plan

5.4 Clearance examination and Clearance Report

When ordered/tasked by HUD, the contractor shall conduct a clearance examination and prepare a Clearance Report when ordered/tasked by HUD, which shall provide documentation of the hazard reduction or maintenance activity as well as the results of the clearance examination. The contractor shall provide the Clearance Report to the FSM within

(six) 6 business days of clearance examination assignment.

Clearance examinations performed following stabilization of lead-based paint or lead-based paint hazards shall be performed in accordance with EPA regulation 40 CFR 745.227(e) and with the HUD Office of Healthy Homes Lead

Safe Housing Rule, especially sections 35.1340(c)-(f). As described in those regulations, a certified risk assessor or lead-based paint inspector shall perform the clearance.

1. Exemption for Clearance of Small (de minimis) Area

A clearance examination is not required when the activities disturb painted surfaces that total up to:

a. 20 square feet on exterior surfaces;

b. 2 square feet in any one interior room or space; or

c. 10 percent of the total surface area on an interior or exterior type of component with a small surface area

(examples include windowsills, baseboards, and trim).

2. Clearance Process

a. Clearance examinations shall include a visual assessment for clearance, dust sampling, submission of samples for analysis for lead, interpretation of sampling results, and preparation of a clearance report.

b. The lead-based paint inspection for clearance shall be performed to determine if deteriorated paint surfaces and/or visible amounts of dust, debris, paint chips or another residue are still present. Both exterior and interior painted surfaces shall be examined for the presence of deteriorated paint.

(1) If deteriorated paint or visible dust, debris or residue is present in areas subject to dust sampling, the lead-based paint inspection has failed, and the clearance examination cannot continue to the dust sampling phase.

(2) If exterior painted surfaces have been disturbed by the hazard reduction activity, or had been found to be deteriorated by the lead-based paint inspection for deteriorated paint, the lead-based paint inspection for clearance shall include an assessment of the ground and any outdoor living areas close to the affected exterior painted surfaces. If visible paint chips on the ground are observed, the lead-based paint inspection for clearance has failed and the clearance examination cannot continue to the dust sampling phase or be completed if only exterior paint was deteriorated.

(3) If the lead-based paint inspection for clearance has failed, the contractor shall immediately notify the FSM that any visible dust, debris or residue in living areas must be cleaned up, and any visible paint chips on the ground must be removed, prior to the continuation of the clearance examination, except that elimination of deteriorated paint is not required if it has been determined that the deteriorated paint is not lead-based paint.

c. Dust samples shall be collected as wipe samples and shall be taken on floors, interior windowsills and window troughs.

(1) Dust samples shall be collected and analyzed in accordance with the Lead Safe…