Metallurgical_Chemical Testing PWS.pdf

Performance Work Statement

Metallurgical and Chemical Testing and Analysis Services

1 OVERVIEW

This is a non-personal services agreement to provide metallurgical and chemical testing and analysis services for the U.S. Chemical Safety and Hazard Investigation Board (CSB). The

Government will not exercise any supervision or control over contractor support personnel.

Such support personnel providers shall be accountable solely to the Contractor, who, in turn, is responsible to the Government as defined in this performance work statement (PWS). The

Contractor shall perform to the standards herein.

2 BACKGROUND

The CSB is an independent federal agency charged with investigating and determining the cause or probable cause of industrial chemical incidents resulting from the accidental release of a regulated or extremely hazardous substance into the ambient air. The mission of the CSB is to drive chemical safety excellence through independent investigations to protect communities, workers, and the environment. The Agency was created by the Clean Air Act Amendments of

1990, and the CSB was first funded and commenced operations in 1998. The CSB’s core mission activities include conducting incident investigations; formulating preventive or mitigative recommendations based on investigation findings and advocating for their implementation;

issuing reports containing the findings, conclusions, and recommendations arising from incident investigations; and conducting studies on chemical hazards.

3 SCOPE OF WORK

The Contractor will provide metallurgical and chemical testing and analysis services for the CSB relating to equipment and locations that have experienced or are associated with a major chemical accident. Facilities that experience or are associated with major chemical accidents can include but are not limited to petroleum refineries, chemical plants, chemical storage facilities, manufacturing facilities, power plants, and other types of industrial facilities. The Contractor will provide all associated work for this contract at their location, the chemical accident facility location, or another identified field location.

3.1 TASKS

The Contractor shall have the ability to perform the following tasks. The Contractor shall have the ability to provide and complete the following assigned tasks and deliverables by the CSB-specified date(s). All deliverables may not be required for each incident. The specific required tasks and subtasks will be specified in a Task Order document.

The Contracting Officer Representative (COR) will communicate written instructions to the

Contractor by using Technical Instruction (TI) documents. TI documents define the services needed for each investigation. A TI document is required before any task is performed or invoiced by the Contractor. Once the contractor receives the TI document, the contractor must review it, propose edits, and sign it. The TI must be signed by both the Contractor and the COR before work may begin on that TI.

3.1.1 Metallurgical Testing and Analysis

1) Work with the CSB investigation team and other stakeholders including, but not limited to, commercial companies, Federal agencies, state and local agencies, etc., at the direction of the CSB, to assist in developing protocols for metallurgical-related activities, including but not limited to:

a) Removal of key equipment from the incident site

b) The preservation of key equipment

c) Transport of key equipment from the incident site to the metallurgical laboratory

d) Non-destructive and destructive evaluation and testing of equipment

2) Conduct laboratory testing services, including but not limited to:

a) Non-Destructive and Chemical Analysis

i) Visual Examination using equipment such as optical microscopes, examination benches, high magnification photo and video

ii) Cleaning of specimens using methods including ultrasonic bath, compressed air, organic solvents (ethanol, acetone, etc.)

iii) Fractography

iv) Hardness Testing

v) Chemical Composition Analysis including Fourier Transform Infrared

Spectroscopy (FT-IR), Energy Dispersive X-Ray Spectroscopy (EDS), Mass Spectrometry (MS), X-Ray Fluorescence (XRF), Gas

Chromatography (GC)

vi) Scanning Electron Microscopy (SEM)

vii) Positive Material Identification (PMI)

viii) On-Site or laboratory non-destructive examination, including but not limited to ultrasonic testing (UT), magnetic particle testing (MT), liquid penetrating testing (PT), radiography testing (RT), etc.

b) Destructive Analysis

i) Tension Testing

ii) Microhardness testing

iii) Impact testing

iv) Heat Treatment Testing

v) Metallography

c) Transport and store the equipment. Schedule, arrange, and perform the transport of the equipment from the site to the testing location. Store and preserve the equipment during the CSB investigation to preserve integrity, using a method approved by the CSB. In accordance with CSB requirements, document and control person access to the equipment. Properly dispose of or transport equipment when the CSB investigation is complete. Fill out Chain of Custody documents upon receipt and release of the equipment.

3) Prepare report(s) detailing the testing methodology, results of testing, and associated conclusions.

3.1.2 Chemical Testing and Analysis

1) Provide consulting services on appropriate sample size of chemical/material required and methods to sample, store, and transport chemical samples relating to a chemical incident, including but not limited to petroleum products, chemical powders, acids, bases, polymers, proprietary chemicals, and combustible dusts. Services related to this task include:

a) Communicate with the investigation team and others, including but not limited to company personnel, consultants, and government agencies, in person at the incident site or alternative location or via phone, email, or video conferencing software.

b) Review evidence provided by the CSB to further understand the involved chemical(s).

c) Work with the CSB investigation team and other parties on developing protocol(s) to sample, store, and transport chemical(s).

d) Provide recommendations to the CSB on methods to sample, store, and transport the chemicals.

e) Advise the CSB on any preservation techniques to protect evidence prior to and during its removal from the site.

2) Conduct sampling, storage, and transport of chemicals relating to a chemical incident, including but not limited to petroleum products, chemical powders, acids, bases, polymers, proprietary chemicals, reactive chemicals, and combustible dusts. Services related to this task include:

a) Take sample(s) from locations including chemical containers, damaged industrial equipment, piping, etc. using appropriate sampling equipment and PPE.

b) Store the sample(s) in a manner that preserves the evidence.

c) Transport and store the chemical sample(s). Schedule, arrange, and perform the transport of the chemical sample(s) from the site to the testing location. Store and preserve the chemical sample(s) during the CSB investigation to preserve integrity, using a method approved by the CSB. In accordance with CSB requirements, document and control person access to the sample(s). Properly dispose of or transport sample(s) when the CSB investigation is complete. Fill out Chain of Custody documents upon receipt and release of the equipment.

3) Work with the CSB investigation team and other stakeholders, including but not limited to commercial companies, Federal agencies, state and local agencies, etc., to assist in developing protocols for chemical testing activities.

4) Perform analytical laboratory testing services, including but not limited to:

a) ASTM testing of chemicals and petroleum products

b) UN-DOT testing of chemicals and petroleum products

c) chemical composition analysis

d) chemical decomposition testing

e) chemical reactivity testing, thermal hazards assessment including but not limited to:

(1) accelerating rate calorimetry (ARC)

(2) calorimetry (adiabatic, CALVET)

(3) differential scanning calorimetry (DSC)

(4) reaction calorimetry (RC1)

(5) thermogravimetric analysis (TGA)

(6) thermal activity monitor (TAM)

(7) Vent Sizing Package 2™ (VSP2™)

f) chemical testing and analysis

g) chromatography analysis

h) contamination detection analysis

i) crystallography analysis

j) dust explosion testing, including but not limited to:

(1) explosibility of dust clouds / explosion severity

(2) minimum explosible concentration of combustible dusts (MEC)

(3) minimum ignition energy of a dust cloud in air (MIE)

(4) hot surface ignition temperature of dust layers

k) elemental trace analysis

l) Energy dispersive X-ray spectroscopy (EDS)

m) explosion testing

n) flammability testing

o) FTIR and ATR-FTIR analysis

p) gas chromatography analysis

q) gravimetric analysis

r) Inductively coupled plasma atomic emission spectrometry (ICP-OES)

s) mass spectrometry analysis

t) microscopy

u) molecular spectroscopy

v) nuclear magnetic resonance analysis

w) particle analysis and testing

x) pH testing

y) physical properties testing

z) Raman spectroscopy analysis

aa) X-ray fluorescence (XRF)

5) Provide technical consulting services on subjects including but not limited to chemical hazards, chemical reactivity, chemical structure, dust hazards, reactive hazards, thermal hazards, and other technical subjects. Provide information on technical reference documents.

6) Prepare report(s) detailing the chemical testing methodology, results of chemical testing, and associated conclusions.

3.1.3 Support Services

Meet with CSB personnel and other representatives in person, by Teams, phone call, or other technology. Provide consultation support on a variety of technical matters pertaining to metallurgical and chemical analysis and support. Develop consultation report(s) on such technical matters as requested by the COR. In the event the CSB develops or provides written documents and any supporting information pertaining to metallurgical and/or chemical analysis and support, review the written documents and information for factual/technical accuracy, providing comments or suggested edits using Microsoft Word.

4 MINIMUM QUALIFICATIONS

The Contractor shall have the necessary skill, personnel, equipment, storage locations, and equipment testing facility, or the ability to subcontract these items, to conduct the scope and tasks as described above. Contract personnel shall have, at a minimum, the following experience.

Resumes shall be provided for a representative sampling of personnel performing the work.

For Analytical Laboratory Services:

a. Contractor personnel shall possess or acquire any training or certifications needed to enter chemical facilities, where necessary;

b. A degree in Chemistry or a related field; and

c. At least five years of analytical chemical testing experience.

For Metallurgical Support Services:

a. A degree in Metallurgical Engineering, Materials Science and Engineering, or a related field.

b. At least 10 years of experience in metallurgical failure analysis associated with failure mechanisms for a wide variety of industries, including, but not limited to, chemical and petrochemical industries.

c. Possession of or acquiring any training or certifications needed to enter chemical facilities, when necessary.

d. The training and equipment necessary should they be required to wear a respirator within the facility.

Proposed Labor

Categories

Credentials Minimum Experience and Other Special

Requirements / Responsibilities

(a) Project

Manager

At least a bachelor’s degree in engineering or a related field

• Responsible for the work performed

• Must have demonstrated expert experience managing or performing a wide variety of equipment testing protocol development, equipment testing, examination, and analysis of various types of industrial equipment and/or chemicals

(b) Staff

Engineer /

Scientist VI /

Chemist

At least a bachelor’s degree in engineering or a related field

• Responsible for performing specific testing steps or overseeing the testing

(c) Technician - • Responsible for performing specific testing steps

5 CONTRACT TYPE

The Government anticipates awarding a Blanket Purchase Agreement (BPA) with Fixed Rate

Labor Hour Task Order contract for all services, with other direct costs for fees associated with the contract tasks.

6 DELIVERABLES

The Contractor shall have the ability to provide the following deliverables.

6.1 Contract Items

The Contractor shall have the ability to provide and complete the following assigned tasks and deliverables by the CSB-specified date(s). All deliverables may not be required for each incident.

The Government will determine the specific deliverables to be provided by the Contractor at each incident location.

6.2 Progress Reports

On or by the 15th of each month, the Contractor shall provide progress reports. The COR may request progress reports on a more frequent basis. These reports must be submitted electronically to the designated COR and the Contracting Officer (CO). Each report shall include the following information to the extent to which it is applicable for the reporting period:

6.2.1 Summary of task assignments finished, and deliverables completed and delivered, during the reporting period. Include information on anticipated percentage of work completed and work remaining for the tasks identified by the CSB;

6.2.2 Summary of labor hours expended and hourly fees billed, for the reporting period and cumulatively; and

6.2.3 Itemized summary of any non-labor costs billed to Government for the reporting period and cumulatively.

6.2.4 In addition to progress reports, the Contractor shall promptly report to the COR any noteworthy accomplishments, significant problems, and/or other matters requiring immediate attention. The COR may ask the Contractor for informal ad-hoc progress updates at any time.

6.3 Progress Meetings

The Contractor agrees to attend progress meetings on an ad hoc basis scheduled as needed by the

Contracting Officer’s Representative (COR). The CO or COR and other Government stakeholders, as appropriate, may meet periodically with the Contractor to review the

Contractor's performance. At these meetings, the CO or COR will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the

Government of problems or other difficulties, if any, being experienced by the Contractor.

Appropriate action shall be taken to resolve outstanding issues. These meetings will take place either at the CSB headquarters or via Teams.

7 FEDERAL HOLIDAYS (TO BE OBSERVED DURING EXECUTION):

Federal holidays:

New Year’s Day Independence Day

Birthday of Martin Luther King, Jr. Labor Day

Inauguration Day* Columbus Day

Washington’s Birthday Veterans Day

Memorial Day Thanksgiving Day

Juneteenth National Independence Day Christmas Day

* Holiday for federal employees in the Washington, DC area per section 6103(a) of title 5 of the United States Code

8 PERIOD AND PLACE OF PERFORMANCE

8.1 The period of performance shall include one (1) base period as defined by the

CONTRACT LINE ITEM NUMBER (CLIN) on the schedule sheet and four (4) 12-month option periods with a possibility of a six (6) month extension as defined allowed in

FAR 52.217-8.

8.2 The work to be performed under this contract shall be performed at the Contractor’s location, the incident site, or other sites identified by the Government. Meetings may also be held at CSB headquarters in Washington, DC, at 1750 Pennsylvania Ave NW, Washington, DC 20006, or remotely. Working hours will typically be between 8 a.m. and

5 p.m. Monday through Friday. Depending on the incident, work may be required at night and on weekends.

8.3 The work to be performed under this contract shall be performed at the Contractor’s location, the incident site, or other location specified by the Government.

9 TRAVEL

Travel may be required as a result of this agreement. The locations will be determined based on the needs of the Government.

9.1 All Travel shall adhere to FAR 31.205-45 and be approved by the COR prior to any travel occurring.

9.2 Travel is reimbursable and shall be paid within the per diem set within the Federal Travel

Regulation (FTR) located at https://www.gsa.gov/travel/plan-book/per-diem-rates.

10 CONTRACTING OFFICER AUTHORITY

The Contractor is hereby put on notice in the event a government employee other than the

Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer and wait for an affirmative response from the Contracting Officer with an email and a modification before making the deviation.

11 CONFIDENTIALITY AND RECORDS MANAGEMENT

11.1 Upon receipt of the vendor’s offer but no later than contract award, the Contractor’s management team shall be required to complete a confidentiality agreement and non-disclosure agreement; templates are located in Appendices A & B.

11.2 The Contractor shall read and comply with Appendix C, Records Management as part of this contract.

12 CONTROLLED UNCLASSIFIED INFORMATION (CUI) AND

GOVERNMENT RIGHTS

12.1 This contract uses Controlled Unclassified Information (CUI). CUI is government created or owned information that requires safeguarding or dissemination controls consistent with applicable laws, regulations, and government wide policies.

12.2 If the Government provides information, Government Furnished Information (GFI), to the contractor, the contractor shall ensure that the information is safeguarded based on the type of information provided and the CUI category as prescribed in https://www.archives.gov/cui/registry/category-list.

12.3 In addition to classifying and safeguarding the information appropriately, this CUI/GFI shall be treated as Government Furnished Property (GFP) by the contractor and FAR

52.245-1 shall be attached to the clauses and applicable to this effort. Because GFI does not have the same requirements as GFP, not all parts of the clause can be applied. At minimum, the contractor shall:

https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.archives.gov/cui/registry/category-list

12.3.1 The contractor shall have a system of internal controls to manage and protect any

CUI/GFI in its possession.

12.3.2 The contractor shall ensure that employees do not place CUI/GFI on personal devices and use only company equipment or servers.

12.3.3 The contractor shall have individual employee agreements signed to protect the

CUI/GFI.

12.3.4 Before the final invoice is paid, the contractor shall ensure that all CUI/GFI is deleted and removed from servers, equipment, and other electronic devices.

12.3.5 The contractor shall use the CUI/GFI only to perform the actions under this contract.

12.3.6 The Government shall have unlimited rights, in all notes and other works developed in the performance of this contract. These notes may be used as evidence, testimony, or for additional work in the investigations.

13 ADDITIONAL TERMS

Performance under this contract is subject to the following additional terms, which are hereby incorporated into the contract. For purposes of this entire section, the term “contractor” applies to any person who provides services for the CSB under this contract. These additional terms supplement but do not supersede the Federal Acquisition Regulations.

13.1 PUBLIC RELEASE OF INFORMATION

The Contractor shall submit any proposed public release of information pertaining to its work for the CSB to the General Counsel of the CSB for approval prior to release. The Contractor shall release no such information without prior written approval from the CSB General Counsel.

13.2 PERSONNEL SECURITY AND NONDISCLOSURE

REQUIREMENTS

The Contractor, and Contractor personnel assigned to perform work for the CSB, shall execute a nondisclosure agreement as a condition for granting the Contractor, and its personnel, access (or potential access) to confidential information, in addition to the required Confidentiality agreement.

13.3 CONTRACTOR TESTIMONY

The Contractor shall immediately report to the General Counsel of the CSB any and all requests for the testimony of Contractor and/or its personnel, and any intention to testify as a witness relating to: (a) any work required by and/or performed for the CSB; (b) any information or data produced by Contractor in the course of its work for the CSB; or (c) any information provided by any individual or entity to assist Contractor in performing work for the CSB. All requests for testimony of Contractor and/or its personnel that fall within the scope of 40 C.F.R. Part 1611 shall be handled in accordance with the provisions of that regulation.

13.4 CONFLICTS OF INTEREST

13.4.1 The Contractor, its personnel, and any other person or entity performing work for the

Contractor on behalf of the CSB, shall execute a certification of non-conflict of interest.

13.4.2 The Contractor and its personnel performing work for the CSB under this agreement should not undertake nor be placed in a conflicting role because of current or planned interests (whether legal, financial, contractual, organizational, or otherwise) which relate to the work performance under this agreement, nor should Contractor obtain an unfair competitive advantage over other parties by virtue of its performance under this agreement. See FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest.

13.4.3 The contractor warrants, to the best of its knowledge and belief, that there are no facts or circumstances that could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or in the alternative, warrants that it has fully disclosed all such relevant information. Additionally, during the term of this agreement, the Contractor agrees to forego entering any other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this agreement. The Contractor shall ensure that all agents, employees, and subcontractors retained for any purpose shall abide by all conflicts of interest provisions.

13.4.4 The Contractor shall comply with FAR 52.203-16, Preventing Personal Conflicts of

Interest. Further, the Contractor shall not advise the agency to take any action that will benefit, or appear to benefit, the Contractor beyond the scope of this contract. The

Contractor shall inform the agency if the appearance of such a conflict exists.

13.4.5 The Contractor agrees that if, after it commences work for the CSB, it discovers any conflicts of interest as defined in this agreement, it shall make an immediate and full disclosure in writing to the Contracting Officer. This disclosure will include a description of the action that the Contractor has taken or proposes to take to avoid or mitigate the conflicts. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the

Contracting Officer determines that any such conflict(s) cannot be satisfactorily avoided or mitigated, the Contracting Officer may implement any lawful remedies as he or she deems appropriate under the circumstances.

13.4.6 For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of conflicts of interest required to be disclosed, or for such erroneous representations that imply bad faith, the CSB may (1) terminate the agreement for default, (2) disqualify Contractor from subsequent contracts, (3) refer Contractor employees to appropriate professional disciplinary authorities, and/or (4) pursue other remedies permitted by law or this agreement. Note: Notwithstanding these remedies, the CSB may always terminate the agreement for convenience, in whole or in part, if termination is in the best interests of the government.

13.5 PROPRIETARY RIGHTS

The Contractor agrees that all property rights, including publication rights, in the information and materials produced by Contractor for the CSB shall vest in the government.

Information and materials shall include, but not be limited to the following: final deliverables, progress reports, source data, plans, systems analyses, reports, extracts, test data, and procedures.

Contractor shall not publish any of the results of its work for the CSB without the prior written approval of the General Counsel of the CSB.

13.6 PROHIBITION OF PERSONAL SERVICES CONTRACT

The use of personnel under this contract will not create an employer-employee relationship between the CSB and the contractor personnel. The Contractor is at all times the legally responsible employer of any personnel assigned to the CSB under this contract. The Contractor – not the CSB – will recruit, test, hire, train, assign, pay, provide benefits and leave to, and as necessary, address performance problems, discipline, and terminate its employees. Personnel supplied to the CSB under this contract will not be considered Federal employees for any purpose, will not be regarded as performing a personal service, and will not be eligible for any civil service employee benefits.

13.7 RECORDS MANAGEMENT

13.7.1 APPLICABILITY

This section applies to all Contractors whose employees create, work with, or otherwise handle

Federal records, as defined in Section 13.7.3, regardless of the medium in which the record exists.

13.7.2 DEFINITIONS

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term Federal record specifically includes CSB records, and includes Contractor records created, received, or maintained by Contractors pursuant to this contract.

13.7.3 REQUIREMENTS FOR FEDERAL RECORDS

The Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36

CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C.

552), as amended, and the Privacy Act of 1974 (5U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

CSB and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CSB or destroyed except in accordance with the provisions of the agency or NARA records schedules and with the written concurrence of COR and pertinent records custodian.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to the COR. The agency must report promptly to NARA in accordance with 36 CFR 1230. The Contractor shall immediately notify the appropriate COR upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized CSB personnel as described by the COR in writing. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the COR. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CSB, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the COR.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with federal law and the terms of this contract.

The Contractor is required to obtain the COR’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under or relating to contracts. The Contractor

(and any sub-contractor) is required to abide by Government and CSB guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CSB policy.

The Contractor shall not create or maintain any records containing any non-public CSB information that are not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The CSB owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which CSB shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227- 11 through FAR 52.227-20.

13.7.4 TRAINING

All support personnel assigned to this contract who create, work with, or otherwise handle records are required to take CSB-provided records management training. The COR is responsible for confirming training has been completed according to agency policies, including initial training and any refresher training.

APPENDIX A

CONFLICT OF INTEREST

CERTIFICATION OF NON-CONFLICT OF INTEREST

FOR CONTRACTOR ENTITY

Instructions: This form must be completed and signed before work commences by an authorized representative of the corporate entity. The form on the next page must be completed by all personnel on the entity. If this is a sole proprietorship, the contractor should mark the sole proprietorship box in this form and need not fill out the form on the second page if the sole proprietor will be the only individual working on the contract.

I, __________________________________certify that I am a duly authorized representative of

_________________________________, a

Check one:

[ ] LP

[ ] LLC

[ ] Sole Proprietor

[ ] Other______________________

I have read, understand, and am authorized to bind the business above to the "Organizational

Conflicts of Interest" clause in the Additional Terms of the contract that

_____________________________ has entered into with the Chemical Safety and Hazard

Investigation Board (CSB).

I further certify that ________________ does not now have, nor do I anticipate that it will have during the period of performance of the contract, any relationship (financial, contractual, organizational, or other) with any individuals or organizations that would impair the firm's objectivity to perform work for the CSB. Without limiting the preceding general certification, I specifically certify, as of the date below, that the firm does not have, nor do I anticipate that it will have, any conflict of interest regarding its work for the CSB.

I,_________________ , certify that I have read, understand, and agree to be bound by the

"Organizational Conflicts of Interest" clause in the Additional Terms of the contract that

___________________________ has entered into with the Chemical Safety and Hazard

Investigation Board (CSB).

For the Contractor:

SIGNATURE and PRINTED NAME DATE

APPENDIX B

AGREEMENT BETWEEN

THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

AND: _________________________________

REGARDING THE PROTECTION AND NON-DISCLOSURE OF

TRADE SECRETS AND CONFIDENTIAL BUSINESS INFORMATION

AND OTHER INVESTIGATIVE INFORMATION

The Chemical Safety and Hazard Investigation Board (hereinafter “CSB”), represented by its undersigned official, and _________________________________, Contractor to the CSB

(hereinafter “Contractor”), represented by the undersigned, the parties hereto, mutually agree to abide and be bound by the terms and conditions set forth below:

1. As evidenced by the signature below and as consideration for the payments to be received from the CSB under Contract Number _________________________________ (hereinafter

“the Contract”), Contractor swears and agrees that Contractor shall not disclose, except to

CSB employees (those persons subject to 18 U.S.C. § 1905) or authorized CSB contractors or subcontractors, any information Contractor obtains as a result of performance under the

Contract that the submitter of such information has designated as a trade secret or confidential business information. Contractor further agrees that the work product Contractor creates for the CSB is solely the property of the CSB, and that Contractor shall not disclose such work product except to CSB employees or authorized CSB contractors or subcontractors, present it in any format at meetings or conferences, or publish or otherwise disclose it in any form without specific written permission from the CSB.

2. As evidenced by the signature below and as consideration for the payments to be received from the CSB under the Contract, Contractor further swears and agrees that Contractor shall not disclose, except to CSB employees or authorized CSB contractors or subcontractors, any information Contractor obtains as a result of performance under the Contract.

3. The parties to this agreement expressly intend that the submitters of information properly designated as a trade secret or confidential business information, to which Contractor has access during performance of the Contract, shall be, and by this provision are made, third-party beneficiaries of the trade secret/confidential business information non-disclosure provision in paragraph “1.” of this agreement. In the event of a breach of that provision by

Contractor, Contractor understands and agrees that the third-party beneficiaries will have the right to seek damages and any other appropriate relief against Contractor using whatever action at law or equity such beneficiaries deem appropriate.

4. As evidenced by the signature below, Contractor acknowledges that violation of the provisions of this agreement may result in the termination of the Contract for default and/or the pursuit of other remedies to which the CSB may be entitled for breach of this agreement.

AGREEMENT WITH THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD REGARDING THE PROTECTION AND NON-DISCLOSURE OF TRADE SECRETS AND CONFIDENTIAL BUSINESS INFORMATION AND OTHER

INVESTIGATIVE INFORMATION – Page 2 of 3

5. The parties to this agreement intend that the persons affected by the provisions herein include the CSB, its employees, representatives, and anyone acting on its behalf; Contractor, and as applicable, Contractor’s corporate parents, subsidiaries, buyers, successors in interest, employees, representatives, and anyone acting on Contractor’s behalf; and the third-party beneficiaries created by paragraph “3.” of this agreement, and their corporate parents, subsidiaries, buyers, or successors in interest.

6. This agreement does not apply to any information that is known to the public prior to the date Contractor signs this agreement or that independently, without any action by Contractor, becomes known by the public after that date, or is already known by Contractor, from a source other than the CSB, prior to that date.

7. If Contractor has employees who will be performing work under the Contract, this agreement, including all terms, conditions, promises, and covenants contained herein, is hereby extended to specifically and personally bind all such employees of Contractor. By their signatures below, the named employees of Contractor agree to abide and be bound personally by the terms, conditions, promises, and covenants contained in this agreement.

8. Contractor understands and agrees that, if Contractor enters into subcontracts to perform work under the Contract, Contractor shall ensure that each such subcontractor, and the subcontractor’s personnel, execute a confidentiality agreement that is substantially similar to, and no less protective than, this agreement.

For Contractor: For the Chemical Safety and Hazard

Investigation Board:

[Signature of official authorized to [Signature of Contracting Officer’s bind Contractor] Representative]

[Printed name and title of official] [Printed name of COR]

Date Date

AGREEMENT WITH THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD REGARDING

THE PROTECTION AND NON-DISCLOSURE OF TRADE SECRETS AND CONFIDENTIAL BUSINESS

INFORMATION AND OTHER INVESTIGATIVE INFORMATION – Page 3 of 3

Employees of Contractor specifically and personally bound:

Name [print and sign] Date

APPENDIX C

CSB CONTRACTOR RECORDS TRAINING/REFRESHER

What is a federal record? A federal record is defined as follows. “Federal records are documentary materials made or received by an agency of the US Government under Federal law or in connection with the transaction of public business by either government employees or an agency’s contractors and/or subcontractors. Such documentary materials must be preserved, or appropriate for preservation, as adequate and proper documentation of the operations or other activities of the

Government or because of the informational value of the data in them.”

What does the term documentary materials mean with respect to records? The term

“documentary materials” refers to all recorded information, regardless of the medium, including but not limited to textual, numerical, graphical, cartographic, narrative, or audiovisual; or the method or circumstances of recording, including books, papers, maps, photographs, and machine-readable materials.

How are federal records made? Federal records are made by various means which result in the act of creating and recording information by agency personnel (or contractors/subcontractors) in the course of their official duties, regardless of the method(s) or the medium involved.

What is records management? Records management refers to a system or the systems by which records are preserved, which means the filing, storing, or any other method of systematically maintaining documentary materials in any medium by the agency. This term covers materials not only actually filed or otherwise systematically maintained but also those temporarily removed from existing filing systems. Records management includes the planning, organization, training, directing, controlling, and other managerial activities involved with controlling the various aspects of the

Record Lifecycle in order to achieve effective and economical management of agency operations.

As a federal contractor working on behalf of the CSB, what are my responsibilities to records management? As a contractor, you must keep a careful record of your role in the conduct of official

Government business that is complete and accurate to the extent required to document your activities conducted on behalf of the CSB. This includes any documentary information that relates to the organization, functions, policies, decisions, procedures, and essential transactions of the agency and that is designed to furnish the information necessary to protect the legal and financial rights of the

Government and of persons directly affected by the agency's activities.

Are there penalties associated with mishandling or destroying federal records? All employees

(CSB employees or contractors/subcontractors) are responsible for ensuring adequate records are created and received to document the CSBs business and mission. Title 18 of the United States Code provides penalties for the mishandling of records that results in loss, destruction, or alienation of records:

1. Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United

States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

2. Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the

Armed Forces of the United States.

Is there anything else I need to know as a contractor for the CSB with respect to records?

Pursuant to specific provisions in the contract you sign with the CSB, you and your company will acknowledge and agree that the US Government owns all of the records produced by you as a contractor in pursuit of your duties on behalf of the CSB. You are also not allowed to release any records without the express written permission of the General Counsel of the CSB, and you must keep all records safe, secure, and confidential, even upon the conclusion of your work. These specific requirements are laid out in various contract sections related to proprietary information, confidentiality, and a non-disclosure agreement, which are all parts of the overall contract which you sign as a contractor. Signatures are required for both individuals and on behalf of an organization.

Is there any place else I can go if I want additional information on my records responsibilities as a contractor for the CSB? Start with reviewing the express terms of your contract. In addition, you can talk with the designated Contracting Officer Representative, or the designated Contracting

Officer if you have any questions about records. If chosen, and at your own expense, you can also choose to speak to legal counsel of your choosing who is knowledgeable about such matters. For general information, however, you can review various resources available to you through The U.S.

National Archives and Records Administration (NARA) website which is www.archives.gov, or by calling 1-86-NARA-NARA or 1-866-272-6272.

http://www.archives.gov/