SOW - asbestos air monitoring and material sampling.docx

B.3 STATEMENT OF WORK (SOW):

A) The VA Western New York Healthcare System (VAWNYHS) at the Buffalo VA Medical Center (VAMC) located at 3495 Bailey Avenue Buffalo, NY 14215 and 222 Richmond Avenue, Batavia, NY 14020 has a requirement for Air Monitoring and Asbestos Containing Material Sampling services in support of demolition, abatement, general construction, and repair services at both locations from date of award until 06/30/2029.

B.3.1 DEFINITIONS:

A) Asbestos Containing Material (ACM): Any material determined to contain more than one percent asbestos by weight.

B) Asbestos Hazards Emergency Response Act (AHERA): Environmental Protection Agency (EPA) regulation passed in 1986 and enacted in 1987. AHERA was passed to establish rules and regulations addressing asbestos-containing materials in schools. Specifically, AHERA was designed to address the issues of identifying; evaluating; and controlling ACM in schools. AHERA also established training requirements for asbestos workers such as Inspectors, Project Designers, Management Planners as well as Workers and Supervisors. This was done by creating the EPA Model Accreditation Plan (MAP) which covered training requirements for all disciplines under AHERA.

C) Asbestos: Materials such as: chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered. Asbestos also includes Presumed Asbestos-Containing Material (PACM), (see B.3.1 L.).

D) Asbestos Control Area: Also known as the Regulated Area - An OSHA term defined in 29 CFR 1926.1101 meaning an area established by the Contractor to demarcate areas where Class I, II, III asbestos work is conducted; also any adjoining area were debris and waste from such asbestos work accumulates; and an area within which airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed the permissible exposure limit.

E) Certified Industrial Hygienist (CIH): means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

F) Contractor: Individual, who supervises asbestos abatement work, has EPA MAP Contractor/Supervisor training, and has an EPA/State certification as a Contractor/Supervisor.

G) National Emission Standards for Hazardous Air Pollutants (NESHAP): EPA rule designated to control emissions of hazardous air pollutants into the environment.

H) National Institute for Occupational Safety & Health (NIOSH): author of Test Method 7400 I) Personal Sampling: Representative air samples obtained in the breathing zone of the person using a cassette and battery-operated pump to determine asbestos exposure.

J) Phase Contrast Microscopy (PCM): Analytical method used for the analysis of asbestos air samples. PCM is defined under the National Institute of Occupational Safety and Health (NIOSH) 7400 Method. PCM is typically performed onsite by the Industrial Hygienist (IH). The PCM method is a fiber counting method and is not definitive for asbestos content.

K) Polarized Light Microscopy (PLM): Light microscopy using dispersion staining techniques and refractive indices to identify and quantify the type(s) of asbestos present in a bulk sample.

L) Presumed ACM (PACM): Any, thermal system insulation, surfacing, and flooring material installed in buildings prior to 1981; if the building owner has actual or implied knowledge through due diligence of other materials being or containing ACM, they to shall be treated as PACM. The designation of PACM may be rebutted pursuant to 29 CFR 1926.1101 (b).

M) Transmission Electron Microscopy (TEM): A microscopy method used to identify and count asbestos fibers.

N) Aggressive Method: Aggressive sampling methods, in which air is deliberately disturbed or agitated by use of a leaf blower or fans, should only be used at the completion of an asbestos removal project inside the abatement containment area.

B.3.1.1 CONTRACTOR QUALIFICATIONS:

A) The Contractor shall have an active New York State Department of Labor Asbestos Handling License.

B) All technicians working under this contract shall have an active New York State Department of Labor Asbestos Certificate with the following endorsements:

1. C – Air Sampling Technician

2. D - Inspector

3. H – Project Monitor

4. I – Project Designer

C) All laboratories utilized by the vendor shall be approved as an environmental laboratory for the category environmental analyses solid and hazardous waste by the New York State Department of Health. All approved subcategories and/or analytes are listed below:

1. Asbestos in Friable Material Item 198.1 of Manual

2. EPA 600/M4/82/020

3. Asbestos in Non-Friable Material-PLM Item 198.6 of Manual (NOB by PLM)

4. Asbestos in Non-Friable Material-TEM Item 198.4 of Manual

D) All laboratories utilized by the vendor shall have a United States Department of Commerce and National Institute of Standards and Technology Certificate of Accreditation to ISO/IEC 17025:2017. Stating that the laboratory is accredited by the National Voluntary Laboratory Accreditation Program for specific services, listed on the Scope of Accreditation, for the following asbestos analyses:

1. 18/A01 EPA -- 40 CFR Appendix E to Subpart E of Part 763, Interim Method of the Determination of Asbestos in Bulk Insulation Samples.

2. 18/A03 EPA 600/R-93/116: Method for the Determination of Asbestos in Bulk Building Materials.

3. 18/A02 U.S. EPA's "Interim Transmission Electron Microscopy Analytical Methods-Mandatory and Nonmandatory-and Mandatory Section to Determine Completion of Response Actions" as found in 40 CFR, Part 763, Subpart E, Appendix A.

B.3.1.2 SERVICES TO BE PROVIDED:

A) Services to be included in this contract shall include both air monitoring and ACM sampling for required demolition and abatement work. The contractor shall provide all labor, materials, equipment, tools, transportation, supervision, safety, quality control and management necessary to fulfill the requirements of task orders issued by the Government under this contract.

B) Contractor shall perform abatement monitoring and sampling services to facilitate the VA projects at Buffalo and Batavia Campus. Contractor shall not be performing the actual abatement of such materials. Specifics as to the type of abatement monitoring or sampling services required shall be provided at the task order level.

C) The contractor shall have a CIH supervising all activities performed under this contract. A CIH shall not be required to be onsite at all times when work is being performed, but shall be responsible for ensuring that all services are being done properly.

B.3.1.3 ASBESTOS CONTAINING MATERIAL SAMPLING:

A) The contractor shall collect, sample and analyze any material that is suspected to be ACM as per the instructions stated in the applicable task order.

B) Field work for the collection of samples shall include the following:

1. Visual site observations to identify suspect ACM as directed by Buffalo VAMC personnel.

2. Collection and laboratory analysis of bulk samples for asbestos content.

3. Documentation of sample locations on the bulk sample chain-of-custody forms; and

4. Photographs of every material collected.

C) Contractor shall provide asbestos material collection and NY ELAP Method 198.1 (PLM), 198.4 (TEM) 198.6 (PLM) sampling for applicable materials.

D) The Contractor shall be able to provide either one (1) week or twenty-four (24) hour turnaround times for lab analysis results of samples collected per the instructions of the applicable task order..

E) Task orders shall be befor a minimum of ten (10) samples to be collected for ACM testing.

F) An asbestos sampling report shall be provided within two (2) weeks after every visit that includes the following: Comment by Spivack, Michael: Conflicts with D) or are we talking about two different things?

1. Asbestos Containing Materials.

2. Non-Asbestos Containing Materials.

3. Detailed list of all samples taken that includes location and results.

4. General Observations.

5. Photographs of all confirmed ACM.

6. Lab Results.

7. Laboratory Accreditations.

8. Asbestos Bulk Sample Chain-Of-Custody.

9. Contractor New York State Department of Labor Company Asbestos Handling License.

10. Technicians NYSDOL Asbestos Certificate.

B.3.1.4 AIR MONITORING:

A) Contractor shall commence onsite air monitoring services within 14 days of the award of a task order unless specificied otherwise in the task order.

B) For personal samples, area air samples and clearance air testing the decision to use either Phase Contrast Microscopy (PCM) analysis, the NIOSH Method 7402 (Issue 2, Fourth Editionor AHERA TEM analysis for background, area samples and clearance samples shall be at the discretion of the Contractor’s CIH, unless specifically stated in the applicable task order.

C) Contractor shall be responsible for collection of all perimeter air sampling and collect final TEM clearance for asbestos abatement projects at either facility. The contractor shall observe the work of the abatement contractors onsite and ensure that all work is being performed in accordance with all applicable regulations.

D) Contractor shall also be required to field-verify all site conditions and material quantities as needed to ensure that all specified materials are accounted for and removed. This includes pre-sampling activities of suspected areas as defined by the applicable task order. Contractor shall immediately notify the COR if the Contractor suspects the presence of ACM other than those noted in the applicable task order.

E) Contractor shall continuously inspect and monitor conditions inside the work areas to ensure compliance with all regulations . The contractor shall collect all required area samples and analyze all air samples within 24 hours of collection. The contractor shall continuously inspect work areas for any breaches in containment. Contractor shall maintain a daily log of all air monitoring samples and daily activity log. Containment shall stay in place until the clearance samples come back clear and has received authorization from the COR to end containment.

F) Contractor shall be responsible for conducting all final clearance visual inspections. If visual inspection is acceptable, the contractor shall proceed with clearance air samples, using aggressive method. Samples shall be analyzed using the PCM method. All PCM samples shall be analyzed using the NIOSH 7400 method. Onsite testing is preferred.

G) Final clearance samples shall be conducted in accordance with TEM NIOSH 7402 method. TEM NIOSH samples shall be collected for areas greater than 160 square feet only. TEM for clearance samples is estimated 12 samples per clearance estimated. Contractor shall ensure that NESHAP testing is performed for all renovation and demolition work by asbestos contractors. It includes destructive sampling that AHERA does not cover.

H) Polarized Light Microscopy (PLM) shall be used to analyze bulk samples, but if PLM is inconclusive, the COR may recommend usage of TEM method. Contractor shall email results to COR for review before determination on TEM is made by Contractor and COR.

I) Daily samples shall be analyzed that day. The standard turnaround time for the analysis of clearance samples shall be 5 business days. In the case sampling being done in sensitive areas (ie near patient care areas) the VA shall require 24 hour turn around time for clearance sample analyses. The required turn around time for clearance samples shall be determined at the task order level.

J) In the event emergency air monitoring is required for abatement, the vendor shall respond to within one (1) hour and be on-site within (4) four hours after that, ready to perform any applicable duties outlined in this SOW. The COR shall provide a list of authorized personnel that can make this call to the Contractor after award.

K) An Asbestos Abatement Closeout Report shall be provided within two (2) weeks of project closeout. The report shall include the following information:

1. Air Sample Laboratory Reports.

2. Air Sample Chain-of-Custody Form.

3. Air Sample Location Drawing.

4. Laboratory Accreditations.

5. Asbestos Project Monitoring Field Report and Project Monitor Visual Inspection Completion Form.

6. Contractor New York State Department of Labor Company Asbestos Handling License.

7. Technicians NYSDOL Asbestos Certificate.

B.3.1.5 GUIDING DOCUMENTS:

A) All work performed under this contract shall be done in accordance with OSHA, AHERA, NYSDOL, and NYSDOH.

B) All work performed under this contract shall be done in accordance with the following VHA specifications:

B.3.1.6 WORKING HOURS:

A) All work shall be performed during normal working hours between 8:00 AM to 4:30 PM, Monday through Friday, holidays excepted.

1. Federal holidays observed by the Department of Veterans Affairs are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

B) All work activities shall not interfere with patient and/or staff. The Medical Center must maintain its operation 24 hours a day 7 days a week. Therefore, any interruption in service shall be scheduled and coordinated with the COR at least 48hrs to ensure that no lapses in operation occur.

B.3.1.7 IDENTIFICATION, PARKING, SMOKING, AND VAMC REGULATIONS/KEY CONTROL

A) All Contractor employees who have access to VA facilities are subject to the same level of investigation as VA employees. Security and badging process to be determined by COR.

Contractor employees shall always wear visible identification while on the premises of the VAMC.

B) It is the responsibility of the vendor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement of parking violations of the vendor under any conditions.

C) Smoking is prohibited on VAMC property to include inside privately owned vehicles (POV) parked on VAMC property. Smoking shall only be allowed off VAMC property.

D) Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

B.3.4 SAFETY:

A) General Requirements:

1. In the performance of this contract, the contractor shall take such safety precautions as the Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building.

2. The Contracting Officer or designee shall notify the Contractor of any safety issues and the action necessary to correct the issues. Such Notice, when served to the Contractor or their representative at the work site shall be deemed sufficient for the corrective actions to be taken.

3. If the Contractor fails or refuses to comply promptly with notified safety deficiencies, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default.

4. No tools or equipment shall be left unattended.

5. All work areas must be clean at the close of the day and shall be left in the same condition as before work started.

B.3.5 RECORDS MANAGEMENT:

A) A complete written report in PDF format of the inspections performed shall be provided to the COR within five (5) business days of completion. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods. Information outlined in the report shall include the following:

1. Company’s name, address, and telephone number.

2. VA contract number, name of COR, and name of Contracting Officer.

3. Date and time of work.

4. Any photographs taken for documentation purposes.

5. Description of inspection findings.

6. Reference materials used to perform inspections.

7. Recommended corrective actions, if any.

B) Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

C) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

D) 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 by the Freedom of Information Act.

E) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

F) The Government Agency owns the rights to all data/records produced as part of this contract.

G) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

H) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (email, fax, etc.) or state of completion (draft, final, etc.).

I) No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

J) Contractor is required to obtain the Contracting Officer’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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.