AMEND 0004.pdf

(x)

HSFLGL-10-R-00002

x x

3 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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GLYNCO GA 31524

ATTN: JoDEEN CUFFE

FLETC GL

PRO BLDG 93

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

GLYNCO GA 31524

FLETC GL

BLDG: 93 ATTN: JoDEEN CUFFE

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

02/23/2010000004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/28/2009

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

INDOOR/OUTDOOR FIRING RANGES 9 & 10, FEDERAL LAW ENFORCEMENT TRAINING CENTER, GLYNCO, GA

LIST OF CHANGES:

SEE ATTACHMENT

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

JoDeen Cuffe

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

A. Several requests for variance have been presented to the Government for consideration.

Note that requests for variance will not be entertained in advance of award for the subject action.

Offerors are advised to propose on the subject project as it is currently specified, unless otherwise amended.

B. The following changes/clarifications are hereby incorporated:

1-Sheet A101, Note 11 and “Typical Firing Point Numbering Detail: Paint the lane numbers only and delete the 1’0” X 1’6” painted black/white background block.

2- Reference various architectural drawing sheets: All range wall and ceiling baffle mounted acoustical panels are to be two (2) inches thick. Change any one (1) inch acoustical panel thickness dimensions and notes to indicate two (2) inch thickness. The correct panel thicknesses are indicated in specification section 098400 “Acoustical Panels”.

3- Sheet A504, Detail 6-A503/A504: Replace the detail with the attached revised Detail 6-A503/A504 dated 12/10/2009.

4- Sheet E603, Detail 3-E603/E603 Range Switch Center Console Detail: Change the 6” console top dimension to 1”.

5-Drawing 1/A-301, Building Section: Add the following General Note – At Column line 3, bottom of lowest edge of the ceiling baffles shall be set at 11’8” above finished floor. At Column lines 4, 5, and 6, bottom of the lowest edge of the ceiling baffles shall be set at 12’0” above finished floor.

C. As a result of contractor inquiry the following information is provided in a Q&A format:

Q1. Section L.12 requires that we submit a separate volume for “Volume 2—Past Performance”, however under Section M-Factor B-Past Performance it appears that the Government is going to contact the references that we identify in Factor A directly. In the past for FLETC proposals, the Government has provided a Past Performance Questionnaire form that the Offeror is to complete and submit to our references which they in turn complete and return to FLETC. However, this RFP does not include such a form. Please clarify what we are to include in Volume 2 for Factor B.

A1. A past performance questionnaire was not included in the RFP and is not part of the requirement. Provide the specific information detailed under Factor B shall correlate directly to the projects in Factor A as indicated in Amendment 000002. As long as the specific details as outlined in the Factors are presented, the format of presentation of the information is at the discretion of the offeror.

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AMEND 00004; 2/23/2010

Q2. In Section M—Factor B—Past Performance, Paragraph (iii) states that “Past performance information will also be considered regarding any critical subcontractors and key personnel.”

However, the RFP does not identify any specific information to be submitted for critical subcontractors or key personnel. Please clarify your requirements under this paragraph.

A2. The level of detail to be presented with regard to critical subcontractors or key personnel shall be at the offeror’s discretion.

Q3. Regarding M.5, Factor B, are there any samples, guidelines or forms that can be provided to demonstrate how the Past Performance information is to be presented.

A3. No. As long as the specific details as outlined in the Factors are presented, the format of presentation of the information is at the discretion of the offeror.

Q4. Can FLETC please confirm that the Small Business Subcontracting Plan is a post award requirement for large businesses and not to be submitted without proposals?

A4. The subcontracting plan is not part of the proposal package.

Q5. Under proposal requirements Volume 3: Price Proposal it is requesting a Schedule B, price proposal schedule, but none was provided. Please provide.

A5. Schedule B is clarified as the Supplies or Services/Prices to include the Standard Form 1442 and its subsequent continuation sheets culminating in the Line Item price for the work requirement, Line Item No. 0001.

Q6. Specs call for rubber stair treads, risers, stringers. Plan A-101 shows only 2 sets of stairs covered by roof, but still exterior. Then A-201 exterior elevation calls for concrete stairs and landings. Finish schedule does not have any information about stairs nor the product of rubber treads. Are rubber treads, risers and stringers required on stairs.

A6. In Section 09 65 00 – Resilient Flooring, delete all references to Stair treads, risers, and stringers; including submittal data, products, and installation. The stairs and platforms shall be concrete. Provide a corrosion resistant cast aluminum stair nosing. Stair nosing shall be 3” deep and shall be flush with the tread. Nosing shall be full width of the stair less 4” on each side.

Q7. Spec Section 10 05 00 calls for Entrance mats and Fire Extinguisher Cabinets, we cannot locate these on the plans. Please advise the location of this for this project.

A7. Delete reference to Entrance Mats. Entrance mats are not required. Delete reference to fire extinguisher cabinets. FLETC will provide fire extinguishers and brackets.

Q8. Drawing A-402 and A-602 are listed in Specification Section 00 01 15-1.2 Contract Drawings. However, these sheets are not listed on Sheet G-002 Maps and Index of Drawings

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nor were they included in the files provided from FedBizOpps.gov. Please provide these drawings for pricing.

A8. Delete reference to drawings A-402 and A-602 from the Table of Contents in Specification Section 00 01 15 paragraph 1.2 Contract Drawings. Drawings have been deleted.

Q9. Please provide the geotechnical report for review. There are boring logs provided on sheets B-601 & B-602, but we need to know the geotechnical engineer's recommendation for undercut/fill, if any, so we can price the earthwork correctly.

A9. The information to price earthwork is reflected adequately on the drawings and specifications. The soils report will not be provided to bidders. The soils report will be made available to the successful bidder.

Q10. Reference detail 7, Sheet A-504 and detail 6, Sheet A-511. Both details indicate plywood sheathing behind the metal wall panels. Reference details 2, 4, and 11, Sheet A-512. These details show the metal wall panels fastened directly to the steel channel supports. Please clarify whether or not plywood sheathing is required behind the metal wall panels.

A10. Details 2 & 4/A512 do both show and note provision of ¾” plywood. Provide plywood sheathing behind the wall panels.

Q11. Specification Section 33-82-00 Outside Plant Cabling is missing from overall specs provided. Can we get access to these specs?

A11. There is no Outside Plant Cabling required and specification 33 82 00 Outside Plant Cabling isn’t required. Outside communications cabling is Government furnished and installed. Correct Note 3 on sheet E-102 – Change Building 142 to Building 141.

Q12. Panel ME10B is shown on electrical plans but is not listed on riser diagram nor on panel schedules. Does this panel exist and can we get exact information on type of panel?

A12. Delete panel ME10B shown on sheet E-113 and 1/E-401.

Q13. Public Address System, Division 27: The specs states “In addition, provide two-way communications and paging system between the RSO office and each booth” but the prints do not show any symbols in the booths. There are 24 booths shown in each building which would total 48 locations. This will significantly impact this project pricing estimation. Please clarify.

A13. Revise specification 27 51 16 Public Address System, paragraph 1.2.1: Delete the second sentence in the paragraph. These ranges don’t have partitioned shooting lane booths.

Q14. The embeds and connections to the embeds for the precast concrete needs clarification for my scope of supply as follows:

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1. Typical footing detail on S-002 – The embed and attachment angle are not sized therefore we consider it by the precast supplier.

2. Typical wall panel recess at range equipment plate on S-003 – The continuous channel is sized for me but since it is cast into the concrete panel, it would be by the precast supplier? Would the equipment plate be by the equipment supplier?

3. Typical wall panel joint cover plate on S-003 – Would the AR500 plate be by us?

4. Wall intersection and outside corner details on S-003 – Embeds by precast supplier and clip angles by us?

5. Joist bearing support on S-003 – Normally the angle seat is by us and field welded to an embed plate supplied by the precast supplier. This shows the angle seat as the embed.

Is this by us?

6. Wall panel tie detail on S-003 – By whom?

7. 1/S-541 – 1” bearing plate by precast supplier?

A14. As per spec section 03 45 00, paragraph 2.5.10, all anchors, inserts, lifting devices, and other accessories which are to be embedded in the precast units are to be provided by the precast panel supplier. In general, anything that must be embedded at the time of casting shall be by the precast supplier, and anything welded in the field shall be by the installer. However, there are some exceptions to this. With this in mind:

1. This whole connection is to be designed by the precaster. Therefore, embed and attachment angle shall be supplied by the precast supplier as stated in the notes on this detail.

2. The channel is embedded and must be supplied by the precast supplier. The plate can be supplied by either the range equipment supplier or the contractor, but must be carefully coordinated in either case.

3. The wall panel joint cover plate is to be field installed, and should most likely be supplied by the contractor, not the precast supplier.

4. This is correct. Embeds by precast supplier, clip angles by contractor.

5. This detail was designed to save some field welding by having the angles embedded instead of welded to plates. As such, the angles are to be provided by the precast supplier. If this is a problem, detail can be changed to an angle welded to an embedded plate.

6. Embedded plates shall be provided by precast supplier, connecting ties by contractor.

7. Bearing plate shall be by precast supplier as stated in note on this detail.

Q15 On sheet E-401, Detail # 1, the compressor room, Panel "ME10B" is shown. There is no panel schedule or panel shown on the power riser. How to proceed?

A15. Drawing E-401, Enlarged Compressor Room Plan – Room 111: Delete panel ME10B.

Q16. Sheet P-111 There are 50 1/2" air drops to the targets. What is the plumbing contractor to provide? Stub down Pipe 2' and cap?, Install a regulator and/or quick-connect?

A16. Drawing P-111, Add the following to Note 8: Stub down each ½” air supply drop with a shut-off valve and cap. Coordinate exact locations and requirements with the pneumatic turning target equipment manufacturer.

Q17. E-111 At the 3 yd firing line, arrow pointing to light fixtures "J" & "J1"; It is pointing at one fixture. Does this indicate 1 fixture or 1 of each per location?

A17 Drawing E-111 and E112 Partial Lighting Plan – Range 9/10, Add the following to Note #1: Provide one pair of “J” and one pair of “J1” light fixtures for each shooting lane.

Replace detail 3/E-503 with the attached detail SK-E1.

Q18. Sheet S-301 The bent plate 3/8" X 6" X 6", I assume this is being provided by the structural steel manufacturer. Correct?

A18 Sheet S-301: Yes, both the bent plate and the HSS for the mechanical fan unit supports shall be provided by the steel manufacturer.

Q19. Sheet E-503, Detail # 3, Does the Electrical contractor provide the 1/4" X 6" Mounting bracket? With that many lights it looks like a piece the entire length of the structural beam would be provided.

A19. Sheet E-503, 3/E-503 and 8/E-503: Replace the existing detail 3/E-503 with the attached detail SK-E1. Replace existing detail 8/E503 with the attached detail SK-E2.

Q20. Could you please provide a detail of the drops on the compressed air system for the above referenced project? There are 50 of them and we really need to know what you would like there.

A20. See response to Q16

Q21. How long should be anticipated to obtain the NPDES Permit(s)?

A21. Consult with the Georgia Environmental Protection Division. Contact information is provided in the specification 015750, SD-03.

Q22. No Test/Adjust/Balance Specifications are included. Is TAB desired? If so please issue the necessary Plans and Specifications.

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A22. Bid as per plans and specifications.

Q23. No HVAC Controls Specifications are included. Are HVAC Controls desired? If so please issue the necessary plans and specifications.

A23. Bid as per plans and specifications.

Q24. No Fire Protection (sprinklers) specifications/plans are included. Is Fire Protection desired? If so please issue the necessary plans and specifications.

A24. No.

Q25. Was there ever a structure built on the site? If so what was the structure, is there any buried items from the structure present?

A25. Previous control towers structures were removed. The site drawings are representative of the conditions to the best of our knowledge.

Q26. Lead In Construction is included in the specifications. What level of contamination is to be expected? This is necessary so that the proper testing and precautions, and/or abatement can be priced and so that all Bidders are bidding on the same definite requirements. Also it is stated in several places that no soil is to leave the site. Where is the soil to be stockpiled? The location should be separate from the topsoil stockpile.

A26. Test information and related instructions are being issued by amendment response to another similar question. Any excess soils will be stockpiled in the field to the rear (northwest) side of the new building. Yes, topsoil should be stockpiled separately in the same area.

Q27. Will the location where the buses turn around be moved during construction? There will be numerous deliveries as well as construction equipment and activities occurring near the bus turn around. In the interests of safety and coordination it would best if the busses turned around in another location during construction.

A27. The FLETC is an active training facility. The adjacent parking lot may be considered inactive, however the bus turnaround will be actively used by the FLETC during construction. Maintain clear, complete and safe access to the bus turnaround and other pavement, curbs and walks as instructed by Note 7 of Sheet C001.

Q28. The contractor is to be charged the prevailing rates for utilities. What are the prevailing rates?

A28. The FLETC will bear the cost of electricity and water utilities. Phone service is the responsibility of the contractor and rates are available from the chosen local service provider.

Q29. How many adverse weather days are to be anticipated per month?

A29. See Section H. Paragraph H.15, Time Extension for Unusually Severe Weather- Glynco, Georgia.

Q30. Will Delivery Drivers be required to go through the badgeing process or is there another procedure for getting them on base?

A30. No. Drivers will be required to use the Commercial Gate and should be able to present bills of lading or proof of requirement to enter from the Prime. Badges are not a requirement.

Q31. Will this project be exempt from sales tax?

A31. No. Sales tax will be considered as a direct cost of the job.

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Q32. Specifications Section 02 83 13.00 20 Lead. This being a new job, is there existing lead on the site? Where would this section apply, and what are the quantities involved or will a survey be forthcoming? Please advise.

A32. The following response will apply to any offeror questions related to lead in the existing site soils; In addition, the attached “Combined Appendices” is hereby incorporated.

Revise SECTION 02 83 13. 00 20 - LEAD IN CONSTRUCTION as follows:

PART 1 GENERAL

1.8 HEALTH AND SAFETY PLAN

Delete the following:

See site specific requirements at the end of this section.

Add the following:

The earthworks contractor will be required to prepare a Site Safety and Health plan to address the site safety and health hazards at the site, to include initial air monitoring for potential personal exposures to lead in soil.

The earthworks contractor will be required to collect personal air samples and coordinate with a third-party consultant to facilitate side-by-side sampling from workers participating in all job tasks likely to result in exposure to airborne particles of soil during earthwork operations. Air sampling will be conducted during a full shift under dry conditions to reflect representative exposures. Upon receipt of laboratory analysis results, the contractor will issue a letter to FLETC in accordance with 29 CFR 1926.62(d) stating the results and implications of the air sampling analysis. If the results are above the OSHA action level of 30 ug/m3, all earthwork activities at the site will be suspended until appropriate controls are implemented to comply with the lead standard (29 CFR 1926.62). If the results are below the action level, work activities may continue in accordance with the approved Site Safety and Health Plan.

After paragraph 1.8 HEALTH AND SAFETY PLAN, add the following Paragraph

1.9 EXISTING CONDITIONS

1.1.1 The building site for the new indoor/outdoor ranges is located at the site of four former outdoor firing ranges. Range-related impacts to soil at the site of the former ranges were remediated by excavation, stabilization, and removal by Cherokee Enterprises, Inc.

Based on the Soil Screening and Analytical Data Map provided by the Federal Law

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Enforcement Training Center (FLETC) Environmental Department (EVS) (Cherokee Enterprises drawing file number 70109.2, Figure 3, June 2008), the concentration of lead in soil within the limits of the source removal area was generally less than 100 milligrams per kilogram (mg/kg). Isolated sample locations contained lead at concentrations of up to 240 mg/kg.

1.1.2 Based on data from the Cherokee report for levels of lead in soil at the site, personal exposures to lead are not expected to approach or exceed the action level for lead in the OSHA Construction Standard for lead (29 CFR 1926.62) during grading, earthwork, excavation, and other similar activities that could result in potential exposure to lead in soil. The use and interpretation of this information is entirely the responsibility of the using party. The Owner is not responsible for variations in the actual composition of existing materials. Bidders shall decide for themselves the character and quantities of the material to be encountered. A copy of 29 CFR 1926.62 is included in the attachment Appendix A.

1.1.3 The draft of the Cherokee report of the findings of the lead remediation action is provided in the attachment, Appendix B.

E. PROPOSAL DUE DATE IS HEREBY EXTENDED. PROPOSAL, AS WELL AS

ACKNOWLEDGMENT OF ALL AMENDMENTS IS DUE MARCH 3, 2010, 4:00 P.M.

ET.

*******************END AMENDMENT*************************

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SECTION 02 83 13. 00 20 LEAD IN CONSTRUCTION

APPENDIX A

29 CFR 1926 62

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Occupational Safety and Health Admin., Labor § 1926.62 be completed and available for inspec-tion and copying as soon as possible but no later than January 7, 1993.

(8) OSHA shall enforce the permis-sible exposure limits in paragraph (c) of this section no earlier than January 7, 1993.

(9) Engineering controls needed to achieve the PELs must be in place Sep-tember 9, 1993.

(10) Personal protective clothing re-quired by paragraph (j) of this section shall be available January 7, 1993.

APPENDIX A TO § 1926.60—SUBSTANCE

DATA SHEET, FOR 4–4′

METHYLENEDIANILINE

NOTE: The requirements applicable to con-struction work under this Appendix A are identical to those set forth in Appendix A to § 1910.1050 of this chapter.

APPENDIX B TO § 1926.60—SUBSTANCE

TECHNICAL GUIDELINES, MDA

NOTE: The requirements applicable to con-struction work under this Appendix B are identical to those set forth in Appendix B to § 1910.1050 of this chapter.

APPENDIX C TO § 1926.60—MEDICAL

SURVEILLANCE GUIDELINES FOR MDA

NOTE: The requirements applicable to con-struction work under this Appendix C are identical to those set forth in Appendix C to § 1910.1050 of this chapter.

APPENDIX D TO § 1926.60—SAMPLING AND

ANALYTICAL METHODS FOR MDA

MONITORING AND MEASUREMENT

PROCEDURES

NOTE: The requirements applicable to con-struction work under this Appendix D are identical to those set forth in Appendix D to § 1910.1050 of this chapter.

[57 FR 35681, Aug. 10, 1992, as amended at 57 FR 49649, Nov. 3, 1992; 61 FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996; 63 FR 1296, Jan. 8, 1998]

§ 1926.61 Retention of DOT markings, placards and labels.

NOTE: The requirements applicable to con-struction work under this section are iden-tical to those set forth at § 1910.1201 of this chapter.

[61 FR 31432, June 20, 1996]

§ 1926.62 Lead.

(a) Scope. This section applies to all construction work where an employee may be occupationally exposed to lead.

All construction work excluded from coverage in the general industry stand-ard for lead by 29 CFR 1910.1025(a)(2) is covered by this standard. Construction work is defined as work for construc-tion, alteration and/or repair, including painting and decorating. It includes but is not limited to the following:

(1) Demolition or salvage of struc-tures where lead or materials con-taining lead are present;

(2) Removal or encapsulation of ma-terials containing lead;

(3) New construction, alteration, re-pair, or renovation of structures, sub-strates, or portions thereof, that con-tain lead, or materials containing lead;

(4) Installation of products con-taining lead;

(5) Lead contamination/emergency cleanup;

(6) Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed, and

(7) Maintenance operations associ-ated with the construction activities described in this paragraph.

(b) Definitions.

Action level means employee expo-sure, without regard to the use of res-pirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air (30 µg/m3) calculated as an 8-hour time-weighted average (TWA).

Assistant Secretary means the Assist-ant Secretary of Labor for Occupa-tional Safety and Health, U.S. Depart-ment of Labor, or designee.

Competent person means one who is capable of identifying existing and pre-dictable lead hazards in the sur-roundings or working conditions and who has authorization to take prompt corrective measures to eliminate them.

Director means the Director, National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or des-ignee.

Lead means metallic lead, all inor-ganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.

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29 CFR Ch. XVII (7–1–99 Edition)§ 1926.62

This section means this standard.

(c) Permissible exposure limit. (1) The employer shall assure that no em-ployee is exposed to lead at concentra-tions greater than fifty micrograms per cubic meter of air (50 µg/m3) averaged over an 8-hour period.

(2) If an employee is exposed to lead for more than 8 hours in any work day the employees’ allowable exposure, as a time weighted average (TWA) for that day, shall be reduced according to the following formula:

Allowable employee exposure (in µg/m3) = 400 divided by hours worked in the day.

(3) When respirators are used to limit employee exposure as required under paragraph (c) of this section and all the requirements of paragraphs (e)(1) and

(f) of this section have been met, em-ployee exposure may be considered to be at the level provided by the protec-tion factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employ-ee’s daily TWA exposure.

(d) Exposure assessment—(1) General.

(i) Each employer who has a workplace or operation covered by this standard shall initially determine if any em-ployee may be exposed to lead at or above the action level.

(ii) For the purposes of paragraph (d) of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.

(iii) With the exception of moni-toring under paragraph (d)(3), where monitoring is required under this sec-tion, the employer shall collect per-sonal samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level.

(iv) Full shift personal samples shall be representative of the monitored em-ployee’s regular, daily exposure to lead.

(2) Protection of employees during as-sessment of exposure. (i) With respect to the lead related tasks listed in para-graph (d)(2)(i) of this section, where lead is present, until the employer per-forms an employee exposure assess-ment as required in paragraph (d) of this section and documents that the employee performing any of the listed tasks is not exposed above the PEL, the employer shall treat the employee as if the employee were exposed above the PEL, and not in excess of ten (10) times the PEL, and shall implement employee protective measures pre-scribed in paragraph (d)(2)(v) of this section. The tasks covered by this re-quirement are:

(A) Where lead containing coatings or paint are present: Manual demoli-tion of structures (e.g, dry wall), man-ual scraping, manual sanding, heat gun applications, and power tool cleaning with dust collection systems;

(B) Spray painting with lead paint.

(ii) In addition, with regard to tasks not listed in paragraph (d)(2)(i), where the employee has any reason to believe that an employee performing the task may be exposed to lead in excess of the PEL, until the employer performs an employee exposure assessment as re-quired by paragraph (d) of this section and documents that the employee’s lead exposure is not above the PEL the employer shall treat the employee as if the employee were exposed above the PEL and shall implememt employee protective measures as prescribed in paragraph (d)(2)(v) of this section.

(iii) With respect to the tasks listed in paragraph (d)(2)(iii) of this section, where lead is present, until the em-ployer performs an employee exposure assessment as required in paragraph (d) of this section, and documents that the employee performing any of the listed tasks is not exposed in excess of 500 µg/ m3, the employer shall treat the em-ployee as if the employee were exposed to lead in excess of 500 µg/m3 and shall implement employee protective meas-ures as prescribed in paragraph (d)(2)(v) of this section. Where the employer does establish that the employee is ex-posed to levels of lead below 500 µg/m3, the employer may provide the exposed employee with the appropriate res-pirator prescribed for such use at such lower exposures, in accordance with Table 1 of this section. The tasks cov-ered by this requirement are:

(A) Using lead containing mortar;

lead burning

(B) Where lead containing coatings or paint are present: rivet busting; power

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tool cleaning without dust collection systems; cleanup activities where dry expendable abrasives are used; and ab-rasive blasting enclosure movement and removal.

(iv) With respect to the tasks listed in paragraph (d)(2)(iv) of this section, where lead is present, until the em-ployer performs an employee exposure assessment as required in paragraph (d) of this section and documents that the employee performing any of the listed tasks is not exposed to lead in excess of 2,500 µg/m3 (50×PEL), the employer shall treat the employee as if the em-ployee were exposed to lead in excess of 2,500 µg/m3 and shall implement em-ployee protective measures as pre-scribed in paragraph (d)(2)(v) of this section. Where the employer does es-tablish that the employee is exposed to levels of lead below 2,500 µg/m3, the em-ployer may provide the exposed em-ployee with the appropriate respirator prescribed for use at such lower expo-sures, in accordance with Table I of this section. Interim protection as de-scribed in this paragaraph is required where lead containing coatings or paint are present on structures when performing:

(A) Abrasive blasting,

(B) Welding,

(C) Cutting, and

(D) Torch burning.

(v) Until the employer performs an employee exposure assessment as re-quired under paragraph (d) of this sec-tion and determines actual employee exposure, the employer shall provide to employees performing the tasks de-scribed in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) of this section with interim protection as follows:

(A) Appropriate respiratory protec-tion in accordance with paragraph (f) of this section.

(B) Appropriate personal protective clothing and equipment in accordance with paragraph (g) of this section.

(C) Change areas in accordance with paragraph (i)(2) of this section.

(D) Hand washing facilities in accord-ance with paragraph (i)(5) of this sec-tion.

(E) Biological monitoring in accord-ance with paragraph (j)(1)(i) of this sec-tion, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels, and

(F) Training as required under para-graph (l)(1)(i) of this section regarding 29 CFR 1926.59, Hazard Communication;

training as required under paragraph (l)(2)(ii)(C) of this section, regarding use of respirators; and training in ac-cordance with 29 CFR 1926.21, Safety training and education.

(3) Basis of initial determination. (i) Except as provided under paragraphs (d)(3)(iii) and (d)(3)(iv) of this section the employer shall monitor employee exposures and shall base initial deter-minations on the employee exposure monitoring results and any of the fol-lowing, relevant considerations:

(A) Any information, observations, or calculations which would indicate em-ployee exposure to lead;

(B) Any previous measurements of airborne lead; and

(C) Any employee complaints of symptoms which may be attributable to exposure to lead.

(ii) Monitoring for the initial deter-mination where performed may be lim-ited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.

(iii) Where the employer has pre-viously monitored for lead exposures, and the data were obtained within the past 12 months during work operations conducted under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental condi-tions used and prevailing in the em-ployer’s current operations, the em-ployer may rely on such earlier moni-toring results to satisfy the require-ments of paragraphs (d)(3)(i) and (d)(6) of this section if the sampling and ana-lytical methods meet the accuracy and confidence levels of paragraph (d)(10) of this section.

(iv) Where the employer has objec-tive data, demonstrating that a par-ticular product or material containing lead or a specific process, operation or activity involving lead cannot result in employee exposure to lead at or above the action level during processing, use, or handling, the employer may rely

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upon such data instead of imple-menting initial monitoring.

(A) The employer shall establish and maintain an accurate record docu-menting the nature and relevancy of objective data as specified in paragraph (n)(4) of this section, where used in as-sessing employee exposure in lieu of exposure monitoring.

(B) Objective data, as described in paragraph (d)(3)(iv) of this section, is not permitted to be used for exposure assessment in connection with para-graph (d)(2) of this section.

(4) Positive initial determination and initial monitoring. (i) Where a deter-mination conducted under paragraphs

(d) (1), (2) and (3) of this section shows the possibility of any employee expo-sure at or above the action level the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.

(ii) Where the employer has pre-viously monitored for lead exposure, and the data were obtained within the past 12 months during work operations conducted under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental condi-tions used and prevailing in the em-ployer’s current operations, the em-ployer may rely on such earlier moni-toring results to satisfy the require-ments of paragraph (d)(4)(i) of this sec-tion if the sampling and analytical methods meet the accuracy and con-fidence levels of paragraph (d)(10) of this section.

(5) Negative initial determination.

Where a determination, conducted under paragraphs (d) (1), (2), and (3) of this section is made that no employee is exposed to airborne concentrations of lead at or above the action level the employer shall make a written record of such determination. The record shall include at least the information speci-fied in paragraph (d)(3)(i) of this sec-tion and shall also include the date of determination, location within the worksite, and the name and social se-curity number of each employee mon-itored.

(6) Frequency. (i) If the initial deter-mination reveals employee exposure to be below the action level further expo-sure determination need not be re-peated except as otherwise provided in paragraph (d)(7) of this section.

(ii) If the initial determination or subsequent determination reveals em-ployee exposure to be at or above the action level but at or below the PEL the employer shall perform monitoring in accordance with this paragraph at least every 6 months. The employer shall continue monitoring at the re-quired frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that em-ployee except as otherwise provided in paragraph (d)(7) of this section.

(iii) If the initial determination re-veals that employee exposure is above the PEL the employer shall perform monitoring quarterly. The employer shall continue monitoring at the re-quired frequency until at least two consecutive measurements, taken at least 7 days apart, are at or below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in paragraph (d)(6)(ii) of this section, except as oth-erwise provided in paragraph (d)(7) of this section. The employer shall con-tinue monitoring at the required fre-quency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may dis-continue monitoring for that employee except as otherwise provided in para-graph (d)(7) of this section.

(7) Additional exposure assessments.

Whenever there has been a change of equipment, process, control, personnel or a new task has been initiated that may result in additional employees being exposed to lead at or above the action level or may result in employees already exposed at or above the action level being exposed above the PEL, the employer shall conduct additional monitoring in accordance with this paragraph.

(8) Employee notification. (i) Within 5 working days after completion of the exposure assessment the employer shall notify each employee in writing of the results which represent that em-ployee’s exposure.

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(ii) Whenever the results indicate that the representative employee expo-sure, without regard to respirators, is at or above the PEL the employer shall include in the written notice a state-ment that the employees exposure was at or above that level and a description of the corrective action taken or to be taken to reduce exposure to below that level.

(9) Accuracy of measurement. The em-ployer shall use a method of moni-toring and analysis which has an accu-racy (to a confidence level of 95%) of not less than plus or minus 25 percent for airborne concentrations of lead equal to or greater than 30µg/m3.

(e) Methods of compliance. (1) Engi-neering and work practice controls. The employer shall implement engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead to or below the permissible exposure limit to the extent that such controls are feasible. Wherever all feasible engi-neering and work practices controls that can be instituted are not suffi-cient to reduce employee exposure to or below the permissible exposure limit prescribed in paragraph (c) of this sec-tion, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them by the use of res-piratory protection that complies with the requirements of paragraph (f) of this section.

(2) Compliance program. (i) Prior to commencement of the job each em-ployer shall establish and implement a written compliance program to achieve compliance with paragraph (c) of this section.

(ii) Written plans for these compli-ance programs shall include at least the following:

(A) A description of each activity in which lead is emitted; e.g. equipment used, material involved, controls in place, crew size, employee job respon-sibilities, operating procedures and maintenance practices;

(B) A description of the specific means that will be employed to achieve compliance and, where engineering controls are required engineering plans and studies used to determine methods selected for controlling exposure to lead;

(C) A report of the technology consid-ered in meeting the PEL;

(D) Air monitoring data which docu-ments the source of lead emissions;

(E) A detailed schedule for implemen-tation of the program, including docu-mentation such as copies of purchase orders for equipment, construction contracts, etc.;

(F) A work practice program which includes items required under para-graphs (g), (h) and (i) of this section and incorporates other relevant work practices such as those specified in paragraph (e)(5) of this section;

(G) An administrative control sched-ule required by paragraph (e)(4) of this section, if applicable;

(H) A description of arrangements made among contractors on multi-con-tractor sites with respect to informing affected employees of potential expo-sure to lead and with respect to respon-sibility for compliance with this sec-tion as set-forth in § 1926.16.

(I) Other relevant information.

(iii) The compliance program shall provide for frequent and regular inspec-tions of job sites, materials, and equip-ment to be made by a competent per-son.

(iv) Written programs shall be sub-mitted upon request to any affected employee or authorized employee rep-resentatives, to the Assistant Sec-retary and the Director, and shall be available at the worksite for examina-tion and copying by the Assistant Sec-retary and the Director.

(v) Written programs shall be revised and updated at least every 6 months to reflect the current status of the pro-gram.

(3) Mechanical ventilation. When ven-tilation is used to control lead expo-sure, the employer shall evaluate the mechanical performance of the system in controlling exposure as necessary to maintain its effectiveness.

(4) Administrative controls. If adminis-trative controls are used as a means of reducing employees TWA exposure to lead, the employer shall establish and implement a job rotation schedule which includes:

(i) Name or identification number of each affected employee;

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(ii) Duration and exposure levels at each job or work station where each af-fected employee is located; and

(iii) Any other information which may be useful in assessing the reli-ability of administrative controls to reduce exposure to lead.

(5) The employer shall ensure that, to the extent relevant, employees follow good work practices such as described in Appendix B of this section.

(f) Respiratory protection. (1) General.

For employees who use respirators re-quired by this section, the employer must provide respirators that comply with the requirements of this para-graph. Respirators must be used dur-ing:

(i) Periods when an employee’s expo-sure to lead exceeds the PEL.

(ii) Work operations for which engi-neering and work-practice controls are not sufficient to reduce employee expo-sures to or below the PEL.

(iii) Periods when an employee re-quests a respirator.

(iv) Periods when respirators are re-quired to provide interim protection of employees while they perform the op-erations specified in paragraph (d)(2) of this section.

(2) Respirator program. (i) The em-ployer must implement a respiratory protection program in accordance with 29 CFR 1910.134 (b) through (d) (except (d)(1)(iii)), and (f) through (m).

(ii) If an employee has breathing dif-ficulty during fit testing or respirator use, the employer must provide the em-ployee with a medical examination in accordance with paragraph (j)(3)(i)(B) of this section to determine whether or not the employee can use a respirator while performing the required duty.

(3) Respirator selection. (i) The em-ployer must select the appropriate res-pirator or combination of respirators from Table I of this section.

(ii) The employer must provide a powered air-purifying respirator when an employee chooses to use such a res-pirator and it will provide adequate protection to the employee.

TABLE 1—RESPIRATORY PROTECTION FOR LEAD AEROSOLS

Airborne concentration of lead or condition of use Required respirator 1

Not in excess of 500 ug/m3 ........................ 1⁄2 mask air purifying respirator with high efficiency filters.2 3

1⁄2 mask supplied air respirator operated in demand (negative pressure) mode.

Not in excess of 1,250 ug/m3 ..................... Loose fitting hood or helmet powered air purifying respirator with high efficiency fil-ters.3 Hood or helmet supplied air respirator operated in a continuous-flow mode—e.g., type CE abrasive blasting respirators operated in a continuous-flow mode.

Not in excess of 2,500 ug/m3 ..................... Full facepiece air purifying respirator with high efficiency filters.3

Tight fitting powered air purifying respirator with high efficiency filters.3 Full facepiece supplied air respirator operated in demand mode.

1⁄2 mask or full facepiece supplied air respirator operated in a continuous-flow mode.

Full facepiece self-contained breathing apparatus (SCBA) operated in demand mode.

Not in excess of 50,000 ug/m3 ................... 1⁄2 mask supplied air respirator operated in pressure demand or other positive-pressure mode.

Not in excess of 100,000 ug/m3 ................. Full facepiece supplied air respirator operated in pressure demand or other posi-tive-pressure mode—e.g., type CE abrasive blasting respirators operated in a positive-pressure mode.

Greater than 100,000 ug/m3 unknown con-centration, or fire fighting.

Full facepiece SCBA operated in pressure demand or other positive-pressure mode.

1 Respirators specified for higher concentrations can be used at lower concentrations of lead.

2 Full facepiece is required if the lead aerosols cause eye or skin irritation at the use concentrations.

3 A high efficiency particulate filter (HEPA) means a filter that is a 99.97 percent efficient against particles of 0.3 micron size or larger.

(g) Protective work clothing and equip-ment—(1) Provision and use. Where an employee is exposed to lead above the PEL without regard to the use of res-pirators, where employees are exposed to lead compounds which may cause skin or eye irritation (e.g. lead arse-nate, lead azide), and as interim pro-tection for employees performing tasks as specified in paragraph (d)(2) of this section, the employer shall provide at no cost to the employee and assure

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that the employee uses appropriate protective work clothing and equip-ment that prevents contamination of the employee and the employee’s gar-ments such as, but not limited to:

(i) Coveralls or similar full-body work clothing;

(ii) Gloves, hats, and shoes or dispos-able shoe coverlets; and

(iii) Face shields, vented goggles, or other appropriate protective equip-ment which complies with § 1910.133 of this chapter.

(2) Cleaning and replacement. (i) The employer shall provide the protective clothing required in paragraph (g)(1) of this section in a clean and dry condi-tion at least weekly, and daily to em-ployees whose exposure levels without regard to a respirator are over 200 µg/ m3 of lead as an 8-hour TWA.

(ii) The employer shall provide for the cleaning, laundering, and disposal of protective clothing and equipment required by paragraph (g)(1) of this sec-tion.

(iii) The employer shall repair or re-place required protective clothing and equipment as needed to maintain their effectiveness.

(iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change areas provided for that purpose as prescribed in paragraph (i)(2) of this section.

(v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed con-tainer in the change area which pre-vents dispersion of lead outside the container.

(vi) The employer shall inform in writing any person who cleans or laun-ders protective clothing or equipment of the potentially harmful effects of ex-posure to lead.

(vii) The employer shall assure that the containers of contaminated protec-tive clothing and equipment required by paragraph (g)(2)(v) of this section are labeled as follows:

Caution: Clothing contaminated with lead.

Do not remove dust by blowing or shaking.

Dispose of lead contaminated wash water in accordance with applicable local, state, or federal regulations.

(viii) The employer shall prohibit the removal of lead from protective cloth-ing or equipment by blowing, shaking, or any other means which disperses lead into the air.

(h) Housekeeping—(1) All surfaces shall be maintained as free as prac-ticable of accumulations of lead.

(2) Clean-up of floors and other sur-faces…