Attachment J-11 Government Furnished Property.docx

ATTACHMENT J-11, GOVERNMENT FURNISHED PROPERTY (GFP)

The GFP referenced in Attachment J-11 to solicitation N00024-19-R-4464 will only be made available for the Docking Portion of the USS WAYNE E MEYER FY20 DSRA in accordance with the Docking and Undocking Milestones proposed in Attachment J-3 Execution Milestones.

This Attachment, J-11, Government Furnished Property - Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF), designates an unpaved section of Building 1444 Compound (approximately 33,000 SF between the barge and Bldg. 1444); 15,000 SF strip area from the head of Dry Dock 4 (DD4) down around the gate location and 20,000 SF at the head of DD4 as Government Furnished Property (GFP). This establishes guidelines for GFP use to include environmental and safety provision and occupational safety and industrial health stipulations.

Section I. Government Furnished Property - Addresses GFP requirements beyond those required by FAR Clauses in respective section areas.

Section II. Environmental and Safety Provisions for Use of Government-Furnished Property details Environmental and Safety Provisions required as a stipulation while utilizing GFP spaces.

Section III. Occupational Safety and Industrial Health Provisions details Occupational Safety and Industrial Health Provisions required as a stipulation while utilizing GFP spaces and GFE.

NOTE: The commercial use of GFP by the Prime Contractor or any other party is prohibited.

NOTE: Any utilities services shall not be billed directly through the contract. These shall be billed to the local RMC and SEA-21. The local RMC will coordinate this effort.

NOTE: PHNSY & IMF may be closed approximately between Christmas and New Year’s Day.

Section I. Government Furnished Property -

At the convenience of the Government, the Contracting Officer may by written notice, at any time, increase or decrease the amount of GFP under this contract in accordance with the terms and conditions detailed as follows:

The property is identified as:

1. An unpaved section of Building 1444 Compound (approximately 33,000 SF between the barge and Bldg 1444); 15,000 SF strip area from the head of Dry Dock 4 (DD4) down around the gate location and 20,000 SF at the head of DD4.

2. Work will be restricted to that work required to support performance of this contract during the contractor’s tenancy. The use of the property for the performance of any other work on the premises is strictly prohibited. Any performance of such work will be immediate grounds for termination of the Contractor’s tenancy. It is the intention of the Government to include the occupancy of this property in successor competitive contracts, when appropriate.

3. The Contractor agrees and indemnifies the Government for all claims for personal injury or property damage, environmental incidents, and all other legal proceedings, which may result from the Contractor’s occupancy and use of the furnished GFP.

4. The contractor agrees to use the property solely for purposes provided above and to abide by all Federal, State, and local rules, regulations, laws and ordinances, in addition to those applicable for Government installations, including but not limited to: security, environmental, and safety.

5. The contractor is required to provide proof of insurance to the Administrative Contracting Officer in the following types and amounts:

a. Third Party Property Damage $300,000

b. Third Party Personal Injury (Per Person) $1,000,000

c. Third Party Personal Injury (Per Accident) $2,000,000

6. The Government in no way whatsoever, either express or implied, warrants the continued maintenance, condition, adequacy or suitability of the subject property. It is the responsibility of the contractor to warrant it has, by its own inspection, independent of any action on the party of the Government, satisfied itself as to the material condition and suitability of the property for its intended use.

MISCELLANEOUS TERMS: The contractor shall promptly follow written or verbal direction from PHNSY & IMF radiological controls personnel, other responders, or PHNSY & IMF officials during routine radiological controls training exercises and emergency response drills, and in the event of an actual radiological emergency. The Government may, but shall not be obligated to, close all routes of ingress and egress to and from the subject property, or cause the contractor to evacuate from the vicinity of the property to the extent deemed necessary for the protection of health and safety of employees or personnel of the Government, its contractors, or the public. The Government shall give such advance notice of the closure or evacuation as circumstances permit. The Government’s determination that such action is necessary shall be conclusive and the Government, its officers, employees and authorized representatives shall not be liable for any damage or loss, including that from delay or disruption of work, caused by such action. The contractor shall comply with all existing rules and regulations regarding station security, ingress, egress, parking, safety and sanitation as established by the Department of Defense, Department of the Navy, and PHNSY & IMF. The Government shall have unrestricted access to the property at all times for any legitimate purpose not inconsistent with the Contractor’s use of the property in accordance with this contract provision including, but not limited to, the purpose of inspection.

Section II: Environmental and Safety Provisions for the Use of Government- Furnished Property

1. Unless otherwise stated, the term “Contractor” as applied to the following Environmental and Safety Provisions for the Use of Government-Furnished Property includes the Contractor’s subcontractors and agents and any other person(s) over whom the Contractor exercises direction and control. These provisions are not intended as a waiver of any environmental and safety requirements imposed upon the Contractor through other contracts or by rule, regulation, or statute.

2. The Contractor shall comply with all applicable Federal, State and Navy Occupational Safety and Health and Environmental rules, regulations and statutes. If required by law or directed by the Navy, the Contractor at its own expense shall obtain any environmental permit, regulatory authorization or clearance required for operations at the GFP. The Contractor shall coordinate permit applications and request for authorization or clearances with PHNSY & IMF prior to submittal. The Contractor shall not rely upon any permit or regulatory authorization issued to the Navy absent specific written consent from PHNSY & IMF (Code 1200 or Code 106). The Contractor shall provide the Navy copies of all permit applications and issued permits, applicable to the operations being conducted by the Contractor in the GFP. The Contractor shall be responsible for informing its subcontractors, agents and any other person over whom the Contractor exercises direction and control of these provisions. The Contractor shall reimburse the Navy for costs or penalties the Navy incurs that are associated with the Contractor's use of the GFP.

3. The Contractor shall provide to PHNSY & IMF Code 106 and retain on file a current copy of their Environmental Management Plan which addresses the types of work and processes to be conducted at the GFP. The plan shall identify the environmental risks associated with the work and processes being conducted and actions to mitigate/eliminate those risks.

4. Regulatory Interface.

a. The PHNSY & IMF Code 106 shall be the point of contact for obtaining any approval required by local PHNSY & IMF environmental and safety rules. The Contractor shall consult with PHNSY & IMF Code 106 on all environmental compliance matters such as permits, inspections, agreements, reports, etc., which affect the GFP and Contractor’s operations therein. The Contractor shall provide data or information requested by PHNSY & IMF Code 106, in a timely manner. The Contractor shall notify PHNSY & IMF Code 106 of all meetings scheduled with regulatory agencies regarding Contractor use of the GFP and provide PHNSY & IMF Code 106 applicable documentation.

b. The Contractor shall notify PHNSY & IMF Code 106 upon receipt of any notice of inspection, Notice of Violation (NOV), Notice of Non-compliance (NON) or enforcement action regarding Contractor use of GFP.

c. The Contractor shall immediately investigate all practices cited in NOVs/NONs/enforcement actions and take immediate actions to remedy infractions to come into compliance. The Contractor shall provide PHNSY & IMF Code 106 a written report identifying the alleged violation, investigation results, cause generating the need for a response, remedial actions taken and preventative actions the Contractor intends to take to prevent a recurrence. The Contractor shall not enter into any agreement with a regulatory agency without notifying and obtaining concurrence of PHNSY & IMF Code 106. The Navy may, at its sole discretion, terminate this Contract if a regulator agency determines the Contractor is in non-compliance with Federal, State, or local rules, regulations or statutes. The Contractor shall reimburse PHNSY & IMF, or Navy, for any monetary fines and penalties assessed against PHNSY & IMF or Navy as a result of Contractor actions.

5. All proposed facility and equipment installations/modifications/alterations and operations are subject to Navy approval. The Contractor’s personnel shall attend an Occupational Safety and Health and Environmental brief prior to start of work. The Contractor will be responsible to provide PHNSY & IMF Codes 910 and 106 with a current list of all equipment the Contractor plans to bring to the GFP. This list shall be submitted at least seven (7) working days prior to bringing the equipment into the GFP. The Navy may advise whether the equipment requires a permit or its use raises special environmental requirements and concerns. The Navy shall have the right to prohibit introduction of equipment requiring permits or special operating requirements until permits have been received or the Contractor has addressed PHNSY & IMF Code 106’s concerns regarding equipment operation.

6. PHNSY & IMF will obtain/maintain permits as required for the owner of the GFP.

7. Inspections and Surveillance.

a. PHNSY & IMF Code 106 will conduct an environmental brief prior to Contractor’s occupancy to inform the Contractor of Navy’s requirements, policies, and permits.

b. The Navy and/or PHNSY & IMF Code 106 and the Contractor shall conduct joint inspections of the GFP and record discrepancies as soon as possible.

c. PHNSY & IMF Code 106 will conduct periodic environmental inspections/surveillance of facilities and operations. The Contractor shall provide PHNSY & IMF Code 106 access to all spaces, operations, and records related to environmental compliance. The Contractor shall provide a knowledgeable person to accompany PHNSY & IMF Code 106 on inspections/surveillance. The Contractor shall immediately remedy any conditions found by PHNSY & IMF Code 106 to be in noncompliance with Federal, State, or local rules, regulations, and statutes.

d. In addition to inspections/surveillance conducted by PHNSY & IMF Code 106, the Contractor shall conduct weekly environmental inspections/surveillance of its facilities and operations, make a written record of the inspections/surveillance, and take appropriate action(s) to correct and resolve non-compliance. The Contractor shall provide PHNSY & IMF Code 106 copies of all Contractor inspections/Surveillance reports, including a written statement of corrective actions taken.

8. Environmental Management Plan.

The Contractor shall have in place prior to commencement of operations on the GFP a plan for meeting Federal, State, and local requirements for its personnel (including subcontractors and agents) and operations on the GFP. The plan shall address procedures for handling emergency response to hazardous waste, fuel, sewage, and other chemical spills; management of hazardous materials and waste, company policies and procedures for complying with Federal, State, and local rules, regulations, and statutes; applicable company policies; applicable training programs; a system for identification and remediation of environmental problems; and shall contain copies of any necessary permits. The Contractor shall identify its “Point(s) of Contact” (POC) responsible for environmental programs and emergencies including telephone and pager numbers.

9. Air Quality.

a. The Navy will obtain air quality permits for air emission sources as required for equipment brought onto the GFP or installed by the Navy or Contractor to support operational requirements. The Contractor shall provide data to modify existing Navy air permits, as required, for Contractor air emission sources. The Contractor shall comply with the Navy’s Covered Source Air permit, including record keeping and reporting requirements. The Contractor shall provide PHNSY & IMF Code 910 and 106 with a current list of all equipment regardless of ownership the Contractor plans to use on the GFP. The Contractor shall provide notice to PHNSY & IMF Codes 106 and 910 at least 7 working days prior to bringing equipment onto the GFP. Equipment regarding permits or having special environmental requirements shall not be brought onto the GFP until the Navy has obtained the necessary permits or the Contractor and PHNSY & IMF Code 106 have met and addressed the requirements.

b. The Contractor shall be responsible for cost of repair, inspection, testing, and penalties assessed upon any air emission source used by the Contractor regardless of ownership.

c. The Contractor shall submit to PHNSY & IMF Code 106 monthly, and not later than 10 calendar days after the end of each month for all reports, all documentation required by 40 CFR Part 63, Shipbuilding and Ship Repair National Emissions Standards for Hazardous Air Pollutants (NESHAP) and PHNSY & IMF’s Industrial Process Instruction 6310-001. The Contractor shall use only Volatile Organic Compound (VOC) compliant coatings/paints and shall provide MSDS and VOC content certification for each coating to the PHNSY & IMF Code 106 prior to usage. The Contractor shall not use marine coatings/paints with a VOC above 340 grams per liter or dilute any marine coatings/paints without prior approval from PHNSY & IMF Code 106. All hazardous material (HM) containers shall be kept closed when not in use. Air drying of brushes, rollers, rags and HM containers (i.e., full, partial, empty) is prohibited.

10. Water Quality.

a. PHNSY & IMF Code 106 will dispose of industrial wastewater generated by the Contractor. PHNSY & IMF Code 106 will obtain an Industrial Wastewater Discharge Certificate (IWDC), which covers Contractor use of the GFP. The Contractor shall insure no industrial wastewater generated from operations is discharged into sanitary/sewer system, storm drains, floor drains, sinks, etc., without prior authorization from PHNSY & IMF Code 106. The Contractor shall immediately notify PHNSY & IMF Code 106 and submit a written report within 5 working days thereafter of illegal or unapproved disposal or discharges of industrial wastewater.

b. PHNSY & IMF Code 106 will obtain permits for storm water discharge and other permits necessary under the Clean Water Act for the Contractor. The Contractor shall comply with PHNSY & IMF storm water pollution control plan, storm permit conditions and requirements.

c. The Contractor shall notify and obtain concurrence from PHNSY & IMF Codes 106 and 910 prior to modifying or connecting to the Navy’s potable water system. The Navy shall maintain back-flow prevention devices, if installed prior to the effective date of the Contract.

d. The Contractor shall not install above ground wastewater or potable water storage tanks without the approval of PHNSY & IMF Code 106.

11. Training. The Contractor shall maintain, at GFP, records of all training for environmental and safety requirements set out in this Contract. The Contractor shall maintain training records for a minimum of three years. The Contractor shall make all training records available to the Navy for review.

12. Spills.

a. The Contractor shall notify PHNSY & IMF Code 106, Regional Dispatch Center (RDC) and the Navy’s administrator of this Contract immediately regarding all spills of oil, hazardous substance, hazardous waste, fuel, sewage, gases or other chemicals. The Navy alone shall determine whether to provide assistance.

b. The Contractor shall conduct an investigation into the cause of the spill, identify corrective actions, and report the findings and corrective actions taken to PHNSY & IMF Code 106 within 5 working days of the spill.

c. The Contractor shall maintain current, at the GFP, and make available to PHNSY & IMF Code 106 their Oil Pollution Prevention Plan as required by 40 CFR 112. The plan shall address the processes and equipment at the GFP.

13. Ozone Depleting Substance (ODS). Contractor shall use only approved ODS equipment. The Contractor shall immediately report to PHNSY & IMF Code 106 any leak or release of an ODS into the environment from the Contractor’s operations at GFP.

14. Hazardous Material Management

The storage of toxic or hazardous materials (HM) on the GFP by the Contractor is prohibited except as may be authorized by the Navy on a case-by-case basis in accordance with 10 U.S.C. 2692. When authorized by the Navy, the Contractor shall comply with the following:

a. The Contractor shall not transport to the GFP, HM that is not identified for use at the GFP in support of this Contract. The Contractor shall not store on the GFP, HM used for shipboard repair and maintenance operations at other locations inside the Pearl Harbor Complex.

b. The Contractor shall contact PHNSY & IMF Code 106 to receive a hazardous Material Briefing prior to bringing any HM onto the GFP. The Contractor shall provide an initial inventory and thereafter a monthly updated inventory and Material Safety Data Sheets (MSDS) for all HM brought onto the GFP. The Contractor shall ensure PHNSY & IMF Code 106 has (2) copies of each MSDS for each HM, at least 48 hours prior to usage or storage of the HM. The Contractor shall transport and store only the minimum quantity of HM necessary to conduct operations each month.

c. The Contractor shall designate in writing the person(s) responsible for all HM management.

d. The Contractor shall obtain from PHNSY & IMF Code 106, a “Hazardous Material Storage Site (HMSS)” Permit prior to storage of HM and shall comply with all requirements of the Permit system. Only compatible materials shall be stored together. The Contractor shall perform and document weekly inspections of its HM storage containers and storage sites. The Contractor shall maintain records of inspections and make them available for inspection.

e. The Contractor shall maintain a daily inventory of HM stored, volume used, and volume removed from the GFP. A copy of the daily inventory shall be submitted to PHNSY & IMF Code 106 no later than 10 calendar days after the end of each month. The Contractor shall submit a final inventory no later than 5 calendar days prior to expiration or termination of the Contract.

f. The Contractor shall not bring any “Restricted Microorganisms” as defined in the Hawaii Administrative Rules, Title 4, Chapter 71, Part 4-71-12; Prohibitive Introductions such as “Gamazyne” onto the GFP without the express permission of the Navy after written notice to PHNSY & IMF Code 106.

15. Solid Waste and Recycling

a. The Contractor shall provide data to PHNSY & IMF Code 106 for preparation of PHNSY & IMF solid waste reports as required.

b. Efforts shall be made to recycle solid waste whenever feasible. The Navy may provide recycling containers, material collection and disposal services when available. The Contractor may also elect to participate in the Navy's Recycling program through PHNSY & IMF. Recyclable materials such as corrugated cardboard, empty beverage containers (glass, plastic, aluminum), paper (White Paper, Shredded White Paper and Newspaper), printer toner cartridges, and scrap metal (segregate ferrous metal and non-ferrous metal) can be delivered to Building 1663, Solid and Hazardous Waste Facility.

c. The Contractor shall not use GFP as a storage or consolidation area for solid waste, other than for waste generated from operations on the GFP.

d. The following items are prohibited from being placed into any trash/refuse containers located on Government property.

1. Hazardous materials (HM), hazardous waste (HW) and empty HM/HW containers - Turn in to Hazardous Waste Facility, Bldg. 1663, 473-8000 X4580.

2. Oxygen Generating Devices (e.g., Oxygen Breathing Apparatus (OBA) canisters, etc.) - Turn in to Hazardous Waste Facility, Bldg. 1663, 473-8000 X4580.

3. Compressed Gas Cylinders and Propane Tanks (e.g., BBQ, etc.)

4. Ordnance and Munitions - Call the Base Police via the Regional Dispatch Center (RDC) at 474-1271 or 911 from any IP phone

5. Recyclable Items- Contact Code 106.3, 473-8000 x4580 for assistance.

6. Scrap Metal-Contact Code 106.3, 473-8000 x4580 for assistance.

7. Furniture and Appliances

16. Hazardous Waste Disposal

a. The Contractor shall dispose of all Hazardous Waste (HW) and non-regulated waste (waste not regulated under the Resource Conservation Recovery Act), generated on the GFP by transferring it to PHNSY & IMF Code 106. The Contractor shall turn in any empty containers that once held a hazardous material or waste to PHNSY & IMF HW Facility for disposal.

b. The Contractor shall ensure all HW and non-regulated waste including waste from Contractor’s guests and invitees is properly identified, marked, containerized, and labeled using DOT approved containers and markings.

c. Disposal of hazardous and non-regulated waste directly through or via a private disposal contractor is prohibited. Disposal of hazardous and nonregulated waste in any refuse collection container/bin is prohibited.

17. Asbestos Storage, Labeling, Handling and Disposal.

All asbestos containing waste material shall be wetted down, bagged in a 6-mil polyethylene bag marked with the asbestos warning label. The bag shall be “goose necked” and sealed. The bag shall then be placed in a second red polyethylene bag marked with the asbestos warning label, goose necked, and sealed. Bags may be sealed with tape, wrap ties or any other secure means of closing the bags. An “Asbestos Waste Tag” shall be completed and attached to the bag. The bags shall then be disposed of in specially designated asbestos dumpsters located at the PHNSY & IMF HW Facility.

18. Mercury

a. Mercury is prohibited on the GFP, with the exception of mercury vapor lamps and fluorescent lamps. Expended, intact fluorescent tubes shall be controlled as HW and turned in to PHNSY & IMF HW Facility for disposal. Components containing mercury must be controlled by the Contractor to prevent inadvertent release of this material.

b. Instances of breakage of mercury containers or mercury spillage must be immediately reported to the Government (RDC).

19. The Contractor shall have its own portable trash containers to collect and dispose of general refuse on a regular basis. Non-hazardous waste (non-hazardous trade debris, industrial material, etc.) resulting from Contractor operations may be controlled by the Navy, Contractor shall contact the Navy for guidance.

20. In the event of pollution or contamination due to an act or omission by the Contractor, the Contractor at its own expense shall remove the cause of such pollution or contamination, notify the appropriate emergency response authorities, and immediately clean the affected areas and surrounding ocean waters of such pollution or contaminant. The Contractor shall immediately notify RDC, PHNSY & IMF Code 106 and the Navy’s administrator of this Contract.

21. The Contractor shall immediately notify the RDC of possible discovery of any hazardous substance, pollutant or contaminant, including hazardous waste or hazardous constituent, petroleum or petroleum derivative disposal of, released or existing in environmental media such as soil, subsurface soil, air, groundwater, surface water or subsurface geological formations that could pose an imminent threat to human health or the environment.

22. Remedy for Breach of Environmental Provisions. The Contractor shall be responsible for actions of invitees. Noncompliance with any of these provisions by the Contractor or its invitees may be grounds for termination of this Contract or loss of use of the GFP.

Section III: OCCUPATIONAL SAFETY AND INDUSTRIAL HEALTH PROVISIONS

1. Unless otherwise stated, the term “Contractor”, as applied to the following Occupational Safety and Industrial Health Provisions, includes the Contractor’s subcontractors and agents and any other person over whom the Contractor exercises direction and control.

2. The Contractor shall ensure its employees and invitees comply with all applicable Federal, State, and local Occupational Safety and Health (OSH) regulations. The Contractor shall ensure the availability of Industrial Hygiene support as required.

3. Occupational Safety and Health Program. The contractor shall have a viable and functioning Occupational Safety and Health Program and a safety and health manual that addresses the basic safety and health issues to protect the contractor’s workers. The contractor shall also have standard operating procedures (SOPs) and Job Safety Analysis (JSA) for the various work processes that their workers engage in.

4. The Contractor shall maintain the work area in the highest reasonable state of cleanliness consistent with work performed. As a minimum, all trash, industrial waste and mechanical or grinding debris shall be removed and properly disposed of at least once every shift. Mechanical/grinding debris containing pollutants (e.g., lead/chromate containing paint debris shall be packaged and labeled according to environmental disposal requirements.

5. The Contractor shall ensure work performed by employees does not create any safety, health or environmental hazards to others working in the area or downwind. All boundaries and/or containment shall have prominent signage indicating the hazards and personal protective equipment (PPE) required for entering the area.

6. The Contractor shall comply and shall ensure its invitees comply with posted requirements for wearing PPE while in and around any area where industrial activity is being performed.

7. The Contractor shall allow PHNSY & IMF Code 106 access to the GFP to conduct facility safety and health inspections.

8. Mishaps and Injuries.

a. Contractor shall notify Code 106.2 of injuries suffered by their workers as soon as possible. The contractor shall conduct an investigation of the mishap and send a written report within six working days of occurrence to Code 106.2.

b. The contractor shall provide to Code 106.2 the following mishap information on a weekly basis.

i. Total Case Incident Rate (TCIR).

ii. Days Away, Restricted, or Transferred (DART) rate data (per OSHA directive CSP 03-01-002-TED 8.4 – Voluntary Protection Program (VPP): Policies and Procedures Manual).

9. The contractor shall commit to establish an effective occupational safety and health management system that will support PHNSY & IMF efforts to embrace the four basic elements of OSHA’s Voluntary Protection Program (VPP). These four elements are Management Leadership & Employee Involvement, Worksite Analysis, Hazard Prevention & Control, and Safety & Health Training.

a. Management Leadership & Employee Involvement. Top management must be visible. They must be “on the deck plates” on a regular basis discussing safety issues, demonstrating interest and dedication to safety and health performance, and encouraging dialogue with employees. Employees must be meaningfully involved in all aspects of VPP participation, including problem identification and resolutions.

b. Work Site Analysis. New or modified equipment, processes, and materials are analyzed and evaluated. Self-inspections of all work sites are performed, hazards related to individual jobs and processes are analyzed, and related safety and health training is updated and revised.

c. Hazard Prevention and Control. Identified hazards must be eliminated or controlled in a timely manner. A hierarchy of controls must exist. This hierarchy begins with engineering out or eliminating the hazards; and extends to enclosing, barricading, or isolating the hazards; developing administrative procedures and controls; and finally to the utilization of personal protective equipment.

d. Safety and Health Training. Training must foster a positive atmosphere of safety being everyone’s responsibility. It must instill the belief that safety is a total team effort and includes everyone from top managers to line workers. Employee training should incorporate awareness of hazards, safe work procedures, and emergency situations.

Section IV. Equipment Lists

2. DON Property. PHNSY & IMF agrees to permit the Contractor to maintain and use certain crane equipment within the area of Building 1444 if required. Crane equipment not specifically mentioned in this Agreement will not be available for use by the Contractor. A “DD Form 1149, Requisition and Invoice/Shipping Document” will be used as a custody receipt, to document equipment descriptions, including property number and condition of equipment prior to use by the Contractor, and, upon return of equipment, date of return, condition of equipment (i.e., “good”, “requires repair”, or “other”) and name of inspector. The Contractor shall return equipment in equal or better condition than when received. The Contractor agrees to manage Government property in accordance with FAR 45.5 (e.g., maintain property records). The Contractor agrees to make any necessary replacements of equipment at its own expense, including but not limited to crane hooks. The Contractor agrees to control access to jib cranes and to not permit PHNSY & IMF personnel to operate them.

3. Replacement or Installation of Cranes. The Contractor agrees to coordinate replacement or installation of any and all cranes within the respective laydown area around Building 1444 with the PHNSY & IMF Lifting and Handling Technical Division (Code 710). The Contractor agrees to coordinate proposed crane purchases with Code 710, to assure conformance to the Shipyard’s crane inventory consolidation plan. The Contractor agrees to accept the jib cranes and other equipment in as-is condition and repair or replace them as required at its own expense. Any modifications to load bearing or load controlling parts or operational safety devices shall be in accordance with NAFVAC P-307. Prompt notification of any modifications shall be reported to PHNSY & IMF Lifting and Handling Technical Division (Code 710).

4. Maintenance of Equipment. The Contractor shall be responsible, at its own expense, for maintenance of its own property and equipment as well as any loaned PHNSY & IMF equipment used by the Contractor. The Contractor shall maintain current Occupational Safety and Health Administration (OSHA) certifications for operation of equipment, including, but not limited to, weight lifting and handling equipment used on PHNSY & IMF premises. The Contractor shall maintain and operate equipment consistent with applicable industry standards (e.g. OSHA, ANSI/ASME, etc.) including, but not limited to, those promulgated under 29 CFR 1910, 29 CFR 1926 for cranes, crane operations and weight lifting and handling equipment. In addition, the Contractor shall comply with all applicable State of Hawaii and local regulations. The Contractor shall comply with requirements as set out in In addition, the Contractor shall comply with specific conditions set out below, regarding crane operations as well as any other requirements prescribed from time to time by DoD, DON, or PHNSY & IMF.

5. The following restrictions apply to crane operations.

a. Personnel shall not be lifted with a live hoist or friction crane.

b. Wedged socket and connections shall not be used to handle ammunition, hazardous material, explosive material, or for the lifting of personnel

c. PNHSY & IMF and Navy personnel shall not be involved with the contractor crane lift operations (excluding oversight by PHNSY & IMF Accident Prevention Team).

6. PHNSY & IMF Accident Prevention (AP) Team (Government Representative). The AP Team has the sole discretion to shut down crane operations conducted under its cognizance. Resumption of crane operations shall require consultation, compromise, practical elimination of the risk and approved by the AP team.

7. Crane Surveillance. PHNSY & IMF Code 700 Lifting and Handling personnel may perform surveillances of the cranes located within the areas of Building 1444 at any time, and will notify the Contractor Project Manager of any deficiencies or points of concern.