Draft_Lead_Evaluation_Services_Performance_Work_Statement.pdf

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PERFORMANCE WORK STATEMENT

LEAD EVALUATION SERVICES

I. BACKGROUND

HUD’s Office of Single Family Housing under the Office of the Deputy Assistant Secretary (DAS) for SF Housing administers a program for lead-based evaluation and control of deteriorated lead-based paint in HUD-owned Single

Family properties (with 1 to 4 units each). Visual assessments, lead-based paint inspections, and clearance examinations (evaluations), as well as paint stabilization plans (control) are required, of a certain number of properties being disposed of by the Department following the default of Federal Housing Administration-insured mortgages and possession of title by the Department.

This contract will provide for lead evaluation services, for the Office of Single Family Asset Management, in support of the HOCs Real Estate Owned (REO) responsibilities. There are four Homeownership Centers (HOCs) that operate under the DAS. A separate contract shall be issued to provide lead evaluation services for each of the following

HOC’s: Atlanta, Denver, Philadelphia, and Santa Ana HOC’s.

Deteriorated lead-based paint and lead-contaminated dust and soil are a major public health threat, especially to children under the age of six. Lead-based paint (LBP) was banned for residential use effective January 1, 1978. To protect young children from lead-based hazards in housing that is financially assisted by the Federal government or sold by the government, HUD, through the Office of Healthy Homes and Lead Hazard Control (OHHLHC) issued federal regulation 24 CFR Part 35, et al., “Requirements for Notification, Evaluation, and Reduction of Lead-Based

Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance,” 24 CFR 35, subparts B-R, known as the “Lead Safe Housing Rule.” This rule became final on September 15, 2000. (Both rules are available at the OHHLHC website, www.hud.gov/offices/lead) In particular, subpart F, “HUD-Owned Single

Family Property” is specifically applicable to this program.

II. OBJECTIVE

The services procured under this contract will be via an Indefinite Delivery Indefinite Quantity (IDIQ) contract.

Services shall be ordered via task orders for the subject properties (as described in Tasks 5.1 General). The purpose of this contract is to eliminate as far as practicable lead-based paint hazards in HUD-owned single family properties by conducting the following activities as specified in the Performance Work Statement (PWS):

1. Visual assessments

2. Lead-based paint inspections

3. Paint Stabilization Plans for those properties found to have deteriorated lead-based paint

4. Clearance examinations and certificates for those properties that have undergone stabilization

III. SCOPE

The contractor shall provide all necessary facilities, materials, supplies; equipment, supervision, personnel, travel and other items and services necessary to perform the services as defined in this Performance Work Statement.

The Office of Single Family (OSFAM) has developed a strategy for implementing the Lead Safe Housing Rule in a manner that meets the program’s needs. Under this strategy based on business efficiency considerations, visual assessments and lead-based paint inspections (in those cases where deteriorated paint is identified) will be conducted by the contractor. These inspectors shall be certified by EPA or the State where the property is located, as necessary.

These inspectors (unless they are also certified lead risk assessors) are also required to take and pass the HUD on-line course in visual assessment at the OHHLHC website, www.hud.gov/offices/lead. HUD will use lead evaluation contractors, at its discretion, to conduct visual assessments, lead-based paint inspections and clearance examinations on properties requiring lead remediation.

The workers conducting paint stabilization shall be required to be trained in, and use, lead-safe work practices, for all but the smallest (de minimis) projects, as described in the Lead Safe Housing Rule. Following the paint stabilization, the properties will be subject to a clearance examination (again excepting the de minimis projects) by a certified LBP http://www.hud.gov/offices/lead

C-2 inspector or risk assessor (or, where applicable, under that Rule, sampling technician). Finally, HUD will provide the evaluation and control information to the new owner, to meet the Department's notification requirements under the

Lead Safe Housing Rule and the disclosure requirements under the Lead Disclosure Rule (24 CFR 35, part A).

IV. DEFINITIONS

4.1 Definitions Incorporated by Reference

The definitions found in HUD’s Lead Safe Housing Rule (24 CFR 35, subparts B-R) can be found at www.hud.gov/offices/lead and EPA's lead training and certification regulations (40 CFR 745), supplemented by definitions can be found at www.epa.gov/lead (when not contrary to the foregoing) in the HUD's Guidelines, are hereby incorporated by reference.

4.2 Additional Definitions

4.2.1“Asset Manager” (AM) contractor means a company responsible for the marketing and sale of HUD real estate owned (REO) single-family properties.

4.2.2“Contracting Officer” (CO) means the HUD individual responsible for the administration of the contract, who ensures that the parties to the contract are informed of their responsibilities, notifies the lead evaluation firm of the designation of HUD’s GTR/GTM(s) and the extent of their authority, negotiates and executes modifications to this contract, and makes final decisions regarding protests and disputes.

4.2.3“Evaluator” means the duly certified (or, for clearance examinations, optionally, appropriately trained and supervised) individual hired by the lead evaluation firm performing the actual lead evaluation work. This term is not interchangeable with the term “lead evaluation firm.”

4.2.4“Field Service Manager” (FSM) contractor means a company that provides property maintenance and preservation services consisting of , but not limited to, inspecting the property, securing the property, performing cosmetic enhancement/repairs, and providing on-going maintenance.

4.2.5“Government Technical Monitor” (GTM) means the individual within HUD assisting and serving as a technical advisor to the Government Technical Representative, who performs duties and responsibilities assigned by the Government Technical Representative.

4.2.6“Government Technical Representative” (GTR) means the individual within HUD acting as the Contracting

Officer's representative in all matters concerning the technical aspects of the contract between HUD and the AM or

FSM. The Government Technical Representative maintains a complete working file for the contract, monitors and evaluates the AM or FSM’s performance (including the lead evaluation firm’s performance), inspects and evaluates products, and reviews contractor’s vouchers for reasonableness.

4.2.7“Guidelines” means HUD’s Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, 1995. They include the 1997 revision of Chapter 7 entitled “Lead-Based Paint Inspection.”

4.2.8“HUD-Owned property” means a property owned by HUD.

4.2.9"Lead evaluation" means, collectively, lead-based paint inspections and visual assessments, and clearance examinations utilizing lead-based paint inspectors and/or risk assessors (collectively "lead evaluators") meeting the qualifications as discussed in paragraph 1.4 above. “LEC” means Lead Evaluation Contractor.

4.2.10“Property” means all elements within a particular physical entity described by a HUD (SAMS) number.

4.2.11“Quality Control” means those actions taken by the contractor to monitor its own performance, take corrective action, and ensure that performance conforms to the contract requirements.

http://www.hud.gov/offices/lead http://www.epa.gov/lead

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V. TASKS

4.1 General. Task Orders shall be issued for lead-based paint evaluation services. For each of the Task Orders, upon assignment of a property for marketing and sales, the AM contractor will inspect the property, including evaluating the date of construction. Before listing any property constructed before 1978, the AM shall obtain an appraisal report for the subject property performed by a FHA Roster Appraisal. The appraisal report shall indicate whether the property can be sold with FHA insured financing, other than 203(k), or whether the property will be sold uninsured. Subsequent to a fully executed sales contract which indicates that the property is being sold with FHA insured financing, the AM shall generate a work notification through the Work Order

System in P260 (HUD’s case management system). The GTR or GTM will approve all work orders via the

P260 system. Once a work order is approved, the FSM will obtain a lead based paint evaluation (LBP) from a

HUD designated Lead Based Paint Evaluation Contractor (LEC). If lead based paint hazards are identified as the result of the LBP evaluation the AM shall obtain, based on the GTR or GTM’s approval, from the LEC inspector or risk assessor a LBP stabilization plan that identifies the locations of deteriorated lead based paint and a cost estimate for implementing the plan. The AM shall order the stabilization from a certified lead remediation contractor retained by the Asset Manager for paint stabilization using lead safe work practices.

Upon completion of the paint stabilization, the LEC will conduct a clearance examination, which will include a

Clearance Summary Report. The LEC Contractor shall use formats provided in Section J as the basis of documenting the results of the inspections and clearance evaluations. The documents in Section J should be sent to the FSM, and the FSM will enter the evaluation data and scan the reports into HUD’s case management system. In cases where the purchaser elects to enter into a FHA 203(k) insured financing sales contract, the

AM shall obtain from the inspector or risk assessor, a lead based paint stabilization plan that identifies the locations of deteriorated lead based paint and a cost estimate to implementing the plan. At closing the purchaser shall receive a credit in an amount not to exceed $4,000.00 representing HUD’s contribution toward the costs to stabilize and clearance testing.

5.2 Specific Tasks

The contract shall be an Indefinite Delivery Indefinite Quantity contract. Ongoing updating of the database relative to the LEC work assigned is included in the tasks as an ancillary duty and will not be separately compensated:

5.2.1 Database

The AM or FSM contractor will provide the LEC contractor property profile information in database files via the Internet for download through a secure connection from a web browser. To the maximum extent possible, the database will contain the following information:

FHA Case Number

Property Address, City, State, Zip

Number of Units 1-4

Nominal Year of Construction

The lead evaluation contractor (LEC) shall, within one day of receipt, add the following information into the database for each property assigned:

Evaluation Company

Evaluation Team Leader

Scheduled Lead Inspection/Visual Assessment Evaluation Start Dates

Actual Lead Inspection/Visual Assessment Evaluation Start Dates

Expected Inspection/Visual Assessment Report Delivery Date

Actual Inspection/Visual Assessment Report Delivery Date

Scheduled Clearance Examination Start Dates

Actual Clearance Examination Start Dates Expected Clearance Examination Report Delivery Date

Actual Clearance Examination Report Delivery Date

Unscheduled (Reason)*

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*If the LEC contractor is unable to schedule a lead evaluation, the lead evaluation contractor shall indicate the reason, e.g., FSM unwilling to schedule, property no longer in HUD’s inventory, etc.

The database as supplemented by the LEC contractor should be accessible to the Asset Management (AM) or Field

Service Manager (FSM) contractor and HUD via the internet at all times.

Asset Manager may prioritize inspections due to various priorities of HUD that will be conveyed to the lead evaluation contractor via the issuance of the work orders and/or electronic transmission of data.

5.2.2 Visual Assessments and Lead-based Paint Inspections-

The LEC contractor shall perform all visual assessments and Lead-based paint inspections in accordance with HUD

Guidelines for the Inspection and Control of Lead-Based Paint Hazards in Housing, Chapter 7 (1997 revision) .

5.2.3 Timeframe

The LEC contractor shall perform the inspection and submit the completed lead evaluation report of the property electronically within six (6) business days of assignment of the property by HUD. In those instances where lead-based paint hazards are identified during the performance of the visual assessment, the report shall include both the results of the visual assessment and the lead-based paint inspection.

5.2.4 Conduct Visual Assessments - CLIN0001

The LEC contractor shall perform a visual assessment, conforming with ASTME 2255 “Standard Practice for

Conducting Visual Assessments for Lead Hazards in Buildings” and in accordance with HUD Guidelines for the

Inspection and Control of Lead-Based Paint Hazards in Housing, Chapter 7 (1997 revision) of each single family residence identified in the work order .

5.2.5 Conduct Lead-based paint inspections - CLIN0002

Lead-based paint inspections shall be conducted in all rooms, areas and exterior sites. Inspections shall be conducted using a systematic approach consisting of a series of activities. The LEC contractor may choose to conduct several of the activities simultaneously as needed to complete each lead-based paint inspection.

5.2.5.1 Assemble a property profile. Using the background information acquired, assemble a profile of the property including information on all the items presented in Table 1 included as Attachment 1.

5.2.5.2 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 LEC 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. This listing also shall include relevant informational notes for each of the high priority locations.

5.2.5.3 Conduct Visual Assessments. The LEC contractor shall travel to the site with all equipment, materials, and supplies needed to conduct the visual assessment of the dwelling. The LEC contractor shall conduct a visual assessment 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 LEC contractor conduct a lead-based paint inspection.

5.2.5.4 Walk-through of dwelling. The LEC contractor shall review the site visit preparation summary just before conducting a quick walk-through of the dwelling. Use this review as a reminder to ensure that all areas are included in the visual assessment.

5.2.5.5 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.

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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 Table 2 included as Attachment 2 in

Section J.

(2) In addition to recording this information, which will be of value during the later data reviews, 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 incidence of deteriorated paint, record the most probable 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.

2.2.2.1.6 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.

5.2.6 Lead-Based Paint Inspections

5.2.6.1 Specifications for Collection of Paint Samples

5.2.6.2 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 LEC contractor shall insure that all area dimensions are collected and recorded in centimeters (with precision to the nearest millimeter). The requirements of ASTM E 1729 “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 LEC 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.

5.2.6.3 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 absolutely necessary because no other painted surface with the same painting history as surface in question is available on which to perform XRF testing. Paint chip samples shall be minimized, but not be commingled or composited.

5.2.6.4 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.

5.2.6.5 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 LEC contractor shall be reported regardless of the classification as to containing or not containing lead-based paint.

5.2.6.6 For each residence inspected, the LEC 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 should 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 LEC firm 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.

5.2.6.7 The LEC 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.

5.2.6.8 When multiple components of the same type are tested within a room, 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.

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5.2.6.9 For each exterior site inspected, the LEC 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 LEC 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 LEC contractor shall place on the site plan a unique label for each major architectural and topographical feature.

5.2.6.10 Wallpaper shall be tested because it may cover lead-based paint. Components not listed in

Table 7.1 of the 1997 revision 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.

5.2.6.11 Exteriors shall be included for testing.

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

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

5.2.6.14 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.

5.2.7 Summary of the Findings

Depending on the evaluation type the report will include the following:

a. A summary of the visual assessment findings.

b. A lead-based paint inspection report, prepared in accordance with 24 CFR 35.1320(a), to include an inspection data supplement, which shall address each residence, room, area and exterior site for which a lead-based paint inspection was performed.

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

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

5.2.8 Lead-Based Paint Inspection Data Supplement

The LEC 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 provides 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. At a minimum, the following information must 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, including the address and, as applicable, other unique identifier, including the FHA case number.

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

(2) 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).

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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 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 why, 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.

5.2.9 Tabular Listing of Findings

The LEC 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, as provided in the tabular listing of All Field Data Collected during the Lead-Based Paint Inspection required under this contract.

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

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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 re-evaluate any area(s) in question and/or additional areas, and might make additional recommendations about lead hazard control actions.

5.2.10 All 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 window sill 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 E 2119, 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.

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

5.2.11 All Field Data Collected During the Visual Assessment

5.2.11.1 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

Government Technical Representative 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:

5.2.11.2 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.

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

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

5.2.11.5 Stabilization Plans – CLIN0003

If ordered by the Asset Manager, the LEC contractor shall prepare a lead-based paint stabilization plan that identifies the locations of deteriorated lead-based paint for stabilization and a cost estimate for implementing the plan. The work will be in sufficient detail to allow HUD to use the stabilization plan as a document with which to secure quotations to have the remediation performed.

The LEC contractor shall submit the stabilization plan and cost estimate within six (6) business days of assignment of the work by HUD.

5.3 Clearance Examinations – CLIN0004

The clearance report shall provide documentation of the hazard reduction or maintenance activity as well as the results of the clearance examination. An example of a Clearance Summary Report is provided as Attachment 5 in

Section J; an equivalent form may be used.

5.3.1 Timeframe

The LEC contractor shall provide the clearance report to the FSM within 6 business days from the lead evaluation firm receiving the assignment by HUD.

5.3.2 Clearance following abatement

Clearance examinations performed following abatement 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 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 clearance.

5.3.3 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

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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).

5.4 Clearance process

5.4.1 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.

5.4.2 The visual assessment for clearance shall be performed to determine if deteriorated paint surfaces and/or visible amounts of dust, debris, paint chips or other residue are still present. Both exterior and interior painted surfaces shall be examined for the presence of deteriorated paint.

a. If deteriorated paint or visible dust, debris or residue is present in areas subject to dust sampling, the visual assessment has failed and the clearance examination cannot continue to the dust sampling phase.

b. If exterior painted surfaces have been disturbed by the hazard reduction activity, or had been found to be deteriorated by the visual assessment for deteriorated paint (see paragraph 4.2.2.1), the visual assessment 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 visual assessment for clearance has failed and the clearance examination cannot continue to the dust sampling phase or be completed if only exterior paint was deteriorated.

c. If the visual assessment for clearance has failed, the LEC contractor shall immediately notify the FSM and, if reasonably feasible, inform (but not give direction to) the lead hazard control contractor, 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.

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

a. Dust samples shall be collected and analyzed in accordance with the Lead Safe Housing Rule and the HUD

Guidelines.

b. For each sample, a description of each sample shall be recorded that clearly communicates the unique sampling location and the dimensions (in inches to the nearest 1/8 inch) of the area sampled. An example of a Paint/Dust/Debris Data Form is found as Attachment 3; an equivalent form may be used.

c. Chain of Custody. A sample chain of custody record shall be implemented to provide accountability for and documentation of sample integrity from the time samples are collected to sample disposal, by documenting sample possession during each stage of the sample processing cycle of collection, shipment, storage, analysis and disposal. An example of a Chain of Custody form is found as Attachment 4; an equivalent form may be used.

5.5 Clearance failure

When the clearance failure is a dust monitoring failure, the LEC contractor shall, within 1 business hour of receiving laboratory results, notify the FSM and, if reasonably feasible, the lead hazard control contractor, that all surfaces represented by a failed clearance sample must be re-cleaned or treated to reduce hazards, and retested, until the applicable clearance levels are met.

5.6 Worksite clearance

Clearance of only the worksite is permitted after paint stabilization work, when containment is used to ensure that dust and debris generated by the work is kept within the worksite. Otherwise, clearance must be of the entire dwelling unit, common area, or outbuilding, as applicable. When clearance is of an interior worksite that is not an entire dwelling unit, common area, or outbuilding, dust samples shall be taken as described in section 35.1 340(g) of the Lead Safe Housing Rule, specifically, sample each contained area, up to a maximum of four contained areas per unit, as follows:

a. To represent the dust containment area, collect the following two types of samples from the contained room, hallway, stairwell, or common area:

(1) The floor (one sample); and

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(2) Windows (one interior sill and one trough sample, if available, preferably from different windows); and

b. To assess the effectiveness of the containment - within five feet outside the dust containment area in a room, hallway, stairwell, or common area connected to the area, sample the floor (one sample).

5.7 Clearance Report

The clearance report shall document the results of the clearance examination. An example of a Clearance Summary

Report is found as Attachment 5; an equivalent form may be used. The report shall include the following information:

a. The address of the residential property.

b. The following information:

(1) The date of the clearance examination.

(2) The name, address, and signature of each person performing the clearance examination, including certification number.

(3) The results of the visual assessment for the presence of deteriorated paint and visible dust, debris, residue or paint chips.

(4) The results of the analysis of dust samples, in micrograms per square foot (µg/ft ) of lead, by location of sample; or the minimum reporting limit, in micrograms per square foot, when the result for a sample is below its minimum reporting limit.

(5) The name and address of each laboratory that conducted the analysis of the dust samples, including the identification number for each such laboratory recognized by EPA under NLLAP.

c. The following information on the hazard reduction or maintenance activity for which clearance was performed:

(1) The start and completion dates of the hazard reduction or maintenance activity.

(2) The name and address of each firm or organization conducting the hazard reduction or maintenance activity and the name of each supervisor assigned.

(3) A detailed written description of the hazard reduction or maintenance activity, including the methods used, locations of exterior surfaces, interior rooms, common areas, and/or components where the hazard reduction activity occurred.

6.0 Requirements

6.1.1 Contractor Responsibility

The LEC contractor shall provide all necessary facilities, personnel, materials, supplies, computer and other equipment, supervision, testing and laboratory services, travel costs, mailing and shipping, and other items and services to perform the services as set forth in this requirement.

6.1.2 Computer Capability

To provide capability for direct data entry and data review. The contractor shall provide equipment that meets the minimum requirements discussed in this section.

All personal computer configurations shall be in accordance with HUD’s minimum personal computer system configurations in effect at the time of task order award. Also, all parties will ensure compatibility with the HUD network.

If such configurations change during the term of this task order, HUD will notify the contractor by letter of subsequent configurations and the effective date of any such change. Additionally, HUD is in the processing of developing a portal system which the contactor will have the ability to electronically complete the inspections forms.

Although not required, HUD recommends that the lead evaluation firm have a high-speed "broadband" Internet communications line (e.g., cable, digital subscriber line (e.g., DSL, T1).

6.1.3 Computer Software

At minimum, the LEC contractor shall have the following computer software:

Operating System: Microsoft Windows 2000, or higher

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Netscape Navigator version 4.7 or Microsoft Internet Explorer Internet browser (unless a different browser is specified later by HUD)

Nico Mak Computing WinZip version 6.3 (or equivalent), or higher, provided files are compressed such that they may be uncompressed by the specified version

Microsoft Office Suite 2000 (including at least Word, Excel, and Access), or higher, provided files are sent to the

AM in the specified version (unless a different version for sending files to the AM is specified later by the AM)

Portable Document Format (PDF) creation software: Adobe Acrobat 5.0 (or performance compatible equivalent)

Windows XP operating system service Pack 1 or higher patches or fixes installed.

Anti-virus software, McAfee

, Norton , or TrendMicro

The necessary software to communicate with HUD via electronic mail

Access to an Internet Service Provider (ISP) to support electronic transmission of property profile data and lead evaluation reports to HUD via the Internet

6.1.4 Resolution of Issues

The LEC contractor shall troubleshoot and resolve hardware, software and protocol issues that are associated with the technical environment of the lead evaluation.

6.1.5 XRF Analyzers

XRF analyzer instruments, portable or otherwise, used to test for lead in paint shall have a valid XRF Performance

Characteristic Sheet (PCS) issued by HUD (see www.hud.gov/offices/lead) with no inconclusive range for any substrate for the mode of operation used to collect measurements. Portable XRF analyzer instruments shall be used in accordance with their XRF PCS.

Contractor shall ensure that the XRF analyzer meets the performance requirements of the XRF PCS, including performing calibration checks on the analyzer before sampling the first single-family residence on a given sampling day, between sampling homes that day, after sampling the last home that day, and at a minimum every four (4) hours and recording each calibration reading, monitoring the age of the radiation source, and replacing the source as needed.

The requirements of ASTM E 2119, “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, shall be used.

For each XRF reading taken, the contractor shall assign a unique identification number and, in the reporting of results, include the unique identification number, and the make, model, and serial number of the XRF used.

7.0 Applicable Regulations, Standards and Protocols

The LEC contractor shall conduct each lead evaluation 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

U.S. Occupational Safety and Health Administration: 29 CFR 1910, 1926

U.S. Environmental Protection Agency (EPA): 40 CFR 260-266, 745 U.S. Department of Transportation: 49 CFR 171-177

HUD’s Technical Protocol for Lead Risk Assessment Inspections

Tribal regulations

State regulations

Local regulations

The current EPA (or State or local, if more stringent) clearance standards shall apply. If test results equal or exceed the standards, the dwelling unit, worksite, or common area represented by the sample fails the clearance examination.

http://www.hud.gov/offices/lead)

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8.0 Personnel Qualifications

All lead evaluations shall be carried out by qualified lead-based paint inspectors or risk assessors as required through certification or licensing under appropriate EPA, or EPA-authorized State, Indian tribal or local regulations, except as further noted here.

A lead-based paint inspector who is not a certified risk assessor shall have passed the HUD visual assessment course, “Lead-Based Paint Visual Assessment Training,” available at www.hud.gov/offices/lead/training/visualassessment/h00100.htm, for which recognition of successful training is passing the end-of-course examination. Another appropriate training is accredited training in lead risk assessment, for which the recognition of successful training is passing the end-of-course examination, and State or EPA certification

(as applicable). 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 www.leadlisting.org, for information on certification course training providers.

Clearance examinations shall be performed by a certified risk inspector, a certified lead-based paint inspector, a person who has successfully completed a training course for sampling technician or clearance technicians that is developed or accepted by EPA or a State or tribal program authorized by EPA pursuant to 40 CFR part 745, subpart

Q, and that is given by a training provider accredited by EPA or a State or Indian tribe for training in lead-based paint inspection or risk…