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MEMORANDUM OF AGREEMENT FOR OCCUPATIONAL AND ENVIRONMENTAL HEALTH CONSULTATION SERVICES TO BE PROVIDED BY U.S. PUBLIC HEALTH SERVICE FEDERAL OCCUPATIONAL HEALTH PROGRAM This Memorandum of Agreement (MOA) is entered into between the U.S. Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) and the U.S. Public Health Service (USPHS), Federal Occupational Health Program (FOH), pursuant to Public Law 79-658 (5 U.S.C. 7901-7902), the Economy Act of 1932 (31 U.S.C. Section 1535), Executive Order 12196. The purpose of this agreement is to provide a means for FOH to provide consultation services to NOAA, and to set forth duties and responsibilities of the parties as detailed below. 1. Background A. Federal Government agencies are responsible for identifying and controlling health, safety and environmental hazards to their employees, visitors, and the public in accordance with Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) and other applicable standards and regulations. FOH is dedicated to providing expert occupational and environmental health consultation and assistance to Federal agencies in meeting these requirements and in assuring the health and safety of the Federal workforce. B. The services described herein may be requested by any Federal agency. The ordering agency's written Task Order(s) describing the desired services shall be sent to FOH, addressed as follows:
1200 Main Tower Building PHS-3, Room 1800 Dallas, Texas 75202 FOH can be reached by phoning (214) 767-3577. Facsimile information can be sent to (214) 767-0002. C. FOH will provide the services detailed in this agreement when determined by NOAA to be in the best interest of the U.S. Government and its employees. Said services will be requested and funded by NOAA subject to the availability of FOH manpower. Nothing in this agreement shall be construed to require NOAA to use the services of FOH, or require FOH to accept the tasks of NOAA. However, both parties intend that this agreement shall provide the framework for the issuance of Task Orders to facilitate the request for the work and services and is a reasonable, high quality, highly effective, and cost efficient method of providing such consultation within the meaning and intent of the Government Management Reform Act, the Economy in Government Act and applicable Federal health and safety regulations. II. Material - Services A. FOH will furnish the necessary personnel, materials, services, facilities, and otherwise do all things necessary for or incident to the performance of work set forth in this agreement. B. FOH shall provide services and consultation directed and reviewed by an environmental engineer(s) or an industrial hygienist(s) who is certified by a nationally recognized certification board such as the American Board of Industrial Hygiene (ABIH). The engineers or hygienists shall be thoroughly familiar with OSHA, EPA, and state regulations and guidelines. The engineers or hygienists will also be familiar with individual agency environmental, safety, and health programs and directives. A copy of the environmental engineer(s) or industrial hygienist(s) certification shall be available for review by NOAA. C. The laboratories selected by FOH for analysis of samples for environmental and industrial hygiene services shall be accredited by the American Industrial Hygiene Association (AIHA), EPA and the National Institute for Standards and Technology (NIST) and shall demonstrate technical accuracy under the Proficiency Analytical Testing Programs of the EPA, NIST, and AIHA. III. A. FOH shall coordinate all activities required under this agreement and respond to requests for consultation services as agreed upon between FOH and NOAA through the Tash Order mechanisms specified in Section VI. B. An ongoing relationship shall be maintained between FOH and NOAA. FOH will respond to other NOAA needs and requests through the Tasks Order process. C. The reports and substantiating documentation generated as a result of consultation services conducted pursuant to this Interagency Agreement, shall be considered records of NOAA for the purposes of the Freedom of Information Act - 5 U.S.C. Section 552 and 454 C.F.R. Section 5/19 (1985). IV. Consideration and Payment A. The On-line Payment and Collection (OPAC) System, shall be used for transfer of funds from the ordering agency to FOH. FOH will invoice quarterly for work performed during the previous quarter. B. For the purposes of work performed under the terms and conditions of this agreement, FOH will charge NOAA for consultation and technical services, plus travel and related expenses (laboratory analysis, equipment, etc.), incurred under each Task Order. Travel and per diem costs will be calculated on the basis of rules contained in Federal Travel Regulations, FPMR 101-7. Costs for service may be established as necessary in this agreement, and subsequently may be adjusted upon mutual agreement of both parties, as needed for inflation and availability of the service. At the beginning of each fiscal year. FOH can provide NOAA with a general list of prices for each type of service in each geographic location. Project specific estimated and actual costs, will be negotiated and established through the Task Order mechanism detailed below. C. FOH will provide to the Project Officer a cost estimate for each Task Order request and detailed financial accounts of all services performed under this agreement. V. Period of Performance A. The terms of this agreement, when accepted and signed by both parties, shall remain in effect indefinitely. However, this agreement may be terminated by either part upon (60) days written notice. NOAA's obligations under this MOA are subject to the availability of funds. VI. Task Orders A. Services to be furnished through this agreement can be provided at such time as ordered by the issuance of a Task Order from NOAA, subject to the limitations specified below.
negotiation and acceptance of individual Task Orders by both parties. For the purposes of this agreement, a Task Order is defined as an order to perform work and an obligation of payment. A sample Task Order is contained in the attachment. B. All Task Orders issued hereunder are subject to the terms and conditions of this agreement. The aggregate total amount of all Task Orders shall not surpass the not-to- exceed amount unless previously agreed upon by both parties. C. NOAA may verbally request services or give direction to begin work, but all such verbal orders must be followed by a written Task Order. FOH may, but is not required to, provide the requested services before receipt of the written Task Order. The ordered services will be provided within a time frame mutually agreed upon by FOH and NOAA Project Officer. FOH will respond in an expeditious manner to all requests, based on the nature of the request and the logistics for providing the services. D. Special requests for accelerated services may be made by NOAA, but are subject to the availability of FOH personnel to provide the requested services. E. Both written and verbal Task Orders should identify the specific number and types of services requested. F. NOAA should provide a list of all environmental and industrial hygiene projects/activities requested under the Task Order with requested completion dates and specific technical requirements. Issuance of these Task Orders should be made to allow FOH 15 days lead-time for scheduling these projects. At the time an order for services is placed, FOH should be told the general nature of the potential hazard to be investigated, the location of the facility, the approximate area to the investigated, the approximate number of employees in that area, the name and address of the ordering office, the name and telephone number of the person placing the order, and the name of the management official at the investigation site with whom the FOH professional is to make initial contact. Any additional information available which might provide a clue as to the cause or source of the hazard to be investigated should also be provided. At the time of the order, FOH shall inform NOAA the date(s) proposed to conduct the investigation. Where possible, a plan/layout of the area to be investigated shall be provided to FOH with the written Task Order. G. FOH shall comply with all laws, ordinances, codes, rules, and regulations bearing on the conduct of all work under this MOA, including but not limited to, those of Federal, state, international, and local agencies. This shall include but not be limited to EPA, DOT, and state laws and regulations. NOAA will not be held responsible for, and will not indemnify or defend FOH, or otherwise subrogate any claim by or against FOH for it's failure to comply with any applicable law or regulation or for any release which results in an enforceable action. VII. Scope of Services A. FOH will provide industrial hygiene and environmental services for health and safety hazard recognition, assessment, control, and prevention to include the following areas: 1. Industrial hygiene surveys and studies involving chemical, physical or biological exposures related but not limited to indoor and ambient air quality, toxic dusts, ventilation, water quality, lead and other heavy metals, noise, radiation, confined space, pesticides, ergonomic, and other hazardous materials issues. 2. Environmental Surveys concerning Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Superfund Amendments and Reauthorization Act (SARA), etc. Examples of services provided include preliminary assessments (PA), site investigation (SI), and facility assessments, as may be required by Federal, State, and/or Local government agencies. 3. Work site safety surveys and studies involving OSHA regulatory compliance, workmen's compensation issues and incident investigations. 4. Environmental and Occupational Health Training which may include Blood Borne Pathogens, Hazard Communication/Materials, HIV/AIDS Laboratory Standard(s), Safety Engineering, Ventilation, Asbestos, Respiratory Protection, and Personal Protective Equipment, etc. 5. Consulting in the areas of safe work site planning, hazard surveillance/analysis, risk assessment, hazard control, and workmen's compensation issues. 6. Occupational Health and Safety Program Management - planning, development, implementation, evaluation, and operational assistance. 7. Research and field evaluation related to development and implementation of environmental sampling techniques and instrumentation, for gases, particulate mists, vapors, etc. 8. Other environmental and occupational health needs upon request. B. Reports - FOH will supply to the ordering agency full reports detailing the services provided, findings, and recommendations as follows. 1. For ongoing projects lasting longer than three (3) months, FOH will issue a Progress Report every forty-five (45) days. 2. FOH shall provide a copy of the thorough typewritten Interim Report within thirty (30) days after completion, receipt and compilation of all field, laboratory, and analytical work. NOAA will have twenty (20) working days to request changes or accept the Interim Report. 3. FOH will issue a Final Report within twenty working days from receipt of NOAA's request for change or acceptance of the Interim Report. 4. Upon the request of NOAA, an annual report summarizing group findings, occupational duty and exposure implications derived from the individual project findings, and recommendations for improvement of NOAA's Occupational Health and Safety Program. 5. Upon request, an itemized accounting list with the specific projects provided under this agreement, including project description, location, FOH provider hours, lab costs, and any associated travel costs as an attachment to each quarterly billing. VIII. Project Officers and Managers The following names individual(s) will be NOAA Project Officer(s) and Manager(s) for this agreement. A. Fiscal Contacts NOAA Project Officer - Harriet E. Fuerlinger FOH Project Officer - Douglas C. Pickup NOAA Project Officer - Donald L. Suloff FOH Project Officer - Douglas C. Pickup IX. Approval National Oceanic and Atmospheric Federal Occupational Health Administration By: By: Joseph T. Kammarer Douglas C. Pickup Chief Financial/ Title:Administrative Officer Title:Division Director Date: Date: OPAC Code: ALC 13-14-0001 Agency Location Code (ALC) #: ALC 13-14-0001 Billing Address: Harriet E. Fuerlinger, OFA5x1 1305 East-West Highway, Room 10132 Silver Spring, MD 20910
Date: ____________ Agency Name: __________________________ Agreement #: __________________ Task Order #: __________________ Agency internal document or purchase order number obligating these funds: Douglas Pickup Please provide the following services in accordance with the above Agreement and Task Order number. Cost of this order must not exceed $_____ without prior authorization of the ordering official. List of Services requested: In accordance with the Economy Act, 31 U.S.C. 1535: 1. The U.S. Public Health Service (USPHS), Federal Occupational Health Program (FOHP) has authority to receive funds for this activity. 2. NOAA warrants that sufficient funding amounts are available, that the order is in the best interest of the United States Government, and that the goods and services requested cannot be provided by contract as conveniently or cheaply by a commercial enterprise. 3. USPHS warrants that it is able to provide or get by contract the requested goods and services. The person to contact and coordinate efforts with is ___________ who can be reached by calling _____________.Signature of request official _____________________________ Printed name of requesting official ________________________ Address: |