for · , mercury in various media. The QA plan and related documents {' (i.e., SOPs) must include,...

SALTVILLE WD63107AD. SEMLER WDC

SALTVILLE

SUBCONTRACT DOCUMENTS

for

LABORATORY SERVICES

****

CONSISTING OF:

SUBCONTRACT FORMS

CONDITIONS OF THE SUBCONTRACT

****

CH2M HILL

Reston, VA

October 17, 1989

Copyright CH2M HILL SOUTHEAST, INC.P.O. BOX 4400RESTON, VA 22090

Project No. WDC63107.FI.FO Copy Nffi.fl 3fl0 k32

STATEMENT OF WORK/ A vr A T *ret ; ANALYSIS OF VARIOUS MEDIA FOR

METHYL-MERCURY AND TOTAL MERCURY

1.0 OVERVIEW OF PROJECT

1.1 INTRODUCTION

This Statement of Work (SOW) delineates the subcontractlaboratory requirements for the analysis of various mediafor Methyl-Mercury and Total Mercury. Samples of fish,soil, waste, macroinvertebrates, and mussels will be col-lected at the Saltville site and analyzed for total mercuryusing SW-846, Method 7471 (with digestion step modifica-tions); these samples will also be analyzed for methylmercury using a method developed by Bloom.1 Samples ofgroundwater will also be collected at the site and analyzedfor total mercury using SW-846, Method 7470.

The subcontract laboratory must use safe handling proceduresand generally accepted good laboratory practices in prepar-ing and analyzing the above mentioned samples for methyl-mercury and total mercury.

1.2 GENERAL DESCRIPTION OF ANALYTICAL SERVICES

Samples from the various media will be analyzed for methyl-mercury and total mercury. To accomplish this task, thefollowing requirements must be met:

o The analytical procedures as specified in Exhi-bits A, B, and C must be followed without devia-tion.

o The laboratory Quality Assurance (QA) and QualityControl (QC) requirements contained in Exhibits A,B, and C must be followed.

o Sample re-analysis requirements for Total Mercurywill be consistent with those outlined by the CLPSOW for Inorganics (7/88).

, N. Determination of Picogram Levels of DOnn| ooMercury by Aqueous Phase Ethylation, followed by CryogenifiR 00 0 4 o OGas Chromatography with Cold Vapour Atomic FluorescenceDetection. Can. J. Fish. Aquat. Sci., July 1988.

o Strict chain-of-custody must be maintained for allsamples, from the time of collection to the com-pletion of all analyses.

2.0 SUMMARY OF REQUIREMENTS

The laboratory must perform all analyses and related activi-ties in accordance with this SOW. The main body of the SOWdescribes the general requirements of the analysis of thevarious media for methyl-mercury and total mercury whilespecific details are further described in the Exhibits Athrough C. Requests for clarifications on requirements orperceived conflicts in requirements between the main bodyand Exhibits A through C must be communicated in writing atthe earliest possible time to CH2M HILL'S Site Manager forappropriate action or resolution.

2.1 QUALIFICATIONS AND EXPERIENCE

The laboratory must provide appropriate equipment and exper-ienced personnel to measure methyl-mercury and total mercuryin various media. The laboratory must designate and useexperienced personnel who must meet the minimum requirementsspecified below and comply with all terms and conditions ofthe SOW. The EPA and CH2M HILL reserve the right to reviewpersonnel qualifications and reject those not meeting theminimum experience requirements. Experience is defined asat least 50 percent of an individual's productive work timespent in active participation on a given task or equivalentexperience as approved by CH2M HILL's Site Manager.

The goal is to use the most experienced personnel available.

o The operator using the Bloom method of determiningmethyl mercury in various media by aqueous phaseethylatibn, followed by cryogenic gas chromatog-raphy with cold vapor atomic fluorescence detec-tion, must have at least 6 months of experiencewith this method.

o The operator using SW-846, Method 7470 or 7471,for the determination of total mercury in variousmedia, must have at least 3 months of experiencewith these methods.

o The laboratory supervisor or data interpretationanalyst working on the project must have at least6 months experience in the operation of the Bloommethod.

i o The sample custodian who is responsible for[ receiving, logging, and tracking the samples for

the laboratory must have at least 3 months of• experience in this area of laboratory operation.

o The personnel and equipment allocated to thisproject must be specified in the laboratory QAplan and employed without deviation, except asauthorized in writing by CH2M HILL'S Site Manager.

2.2 QUALITY ASSURANCE PLAN

The laboratory must provide an acceptable QA plan toCH2M HILL and have it available for inspection during any EPAonsite audits. The QA plan must include standard operatingprocedures (SOP) for the analysis of methyl-mercury and total

, mercury in various media. The QA plan and related documents{' (i.e., SOPs) must include, but not be limited to:

o Project organization and responsibility. Designa-tion of all laboratory operation and QA personnel

' and definition of their responsibilities. Resumesof all project personnel must be attached detail-

J ing applicable experience. All personnel mustI ' meet the minimum requirements outlined in Sec-

tion 2.1 above.

I o General description of laboratory facilities andidentification of specific major equipment dedi-

, cated to this project. Include backups available[ should the primary equipment become unuseable.

, o Description of laboratory chain-of-custody proce-j dures.

o Description of laboratory data reduction, review| and reporting procedures.i

o Description of internal laboratory QC procedures.i' o Description of corrective action procedures for

out-of-control conditions.

o Description of preventive maintenance procedures.

j 2.3 CHAIN-OF-CUSTODY AND DOCUMENTATION CONTROL

The laboratory must have chain-of-custody procedures which are, consistent with chain-of-custody elements outlined in the CLPi SOW (7/88). Documentation is required to show that all P ftQf *D n n f, *3

dures are being strictly followed. This documentation must? Mbfe* y " maintained as a specific case file designed for this study.

2.4 LABORATORY QA/QC REQUIREMENTS

The laboratory is responsible for implementing and perform-ing QC procedures specified below at the required frequen-cies described. EPA and CH2M HILL reserve the right toreview the frequency and results of QC analyses and toreject those not meeting the minimum requirements. Forsample re-analysis caused by contractor deficiencies, thesample analysis is not accountable and billable. The fol-lowing summarizes the QA/QC requirements:

o Laboratory must successfully analyze (i.e.,results are within the range given by NBS) aperformance evaluation sample (PE-NBS) for methylmercury.

o The laboratory must analyze a PE-NBS sample at afrequency of 1 per 20 or fewer field samples inlieu of a matrix spike sample for methyl mercury.

o The laboratory must follow the QC requirements asspecified in SW-846, Methods 7470 and 7471, fortotal mercury in various media (See Exhibits Aand B).

2.5 SAMPLE REANALYSIS REQUIREMENTS

Certain samples may require sample reruns either because ofproblems with the sample matrix or laboratory deficiencies.Sample reanalysis necessitated by sample matrix problems orproblems caused by CH2M HILL will be paid for; samplereanalysis due to laboratory deficiencies will not be paidfor. Reanalysis samples are considered as additional fieldsamples. Therefore, each reanalysis counts as one fieldsample in determining the QA/QC requirements as describedabove.

2.6 REPORTING REQUIREMENTS

The laboratory must follow package format of CLP Statementof Work for Inorganic Analysis (7/88) including all analystlogbook pages, run logs, raw data, calculations, data sum-mary sheets, chain-of-custody (including laboratory chron-icle forms that dpcument sample custody within the labora-tory) , dates of sample analyses, and airbills. All reportforms and data must be labeled with EPA sample number as perchain-of-custody and CLP forms. Results are to be reportedin ug Hg/g. Records of analysis and calculations must belegible and sufficient to recalculate all concentrations.EPA or NBS QC reference sample, or any other reference BR3QOU36sample or initial calibration verification, will be identi-"_ T -fied as to source, lot number, and sample number. Corre-

spending "true" or target values and associated 95 percentconfidence limits for analysis results will be provided forall reference samples used. All possible efforts should bemade to minimize the holding/analysis/ reporting times.

2.7 STANDARD OPERATING PROCEDURES

The laboratory must submit written Standard Operating Proce-dures (SOPs) in the following areas: chain-of-custody,sample receipt and log-in, sample storage and security,sample tracking, case file organization and assembly,analytical method (Exhibit A with laboratory-specificdetails), data reduction and validation, glassware cleaning,laboratory safety, instrument preventive maintenance, andcorrective action. The SOPs must also be available forinspection during an onsite audit of PE sample analysis andcontinuing laboratory onsite audits. Failure of the labora-tory to have written SOPs at the time specified may resultin rejection of the contract.

2.8 ONSITE QA EVALUATION REQUIREMENTS

During the contract period of performance, EPA and/or itsauthorized representatives and CH2M HILL or its representa-tives will examine the subcontract laboratory's operation,in order to determine the extent to which the laboratory ismaintaining its ability to meet the terms and conditions ofthis SOW. These QA evaluations may not be scheduled inadvance, so that EPA/CH2M HILL examiners can observe howproject work is normally performed. Similarly, theseinvestigations may take place during any work shift at thelaboratory.

2.9 STORAGE REQUIREMENTS

For purposes of review and further investigation, sampleextracts and samples must be stored in a secure area for atleast 1 year after the date of final data submission unlessotherwise specifically requested in writing by CH2M HILL'SSite Manager.

2.10 SUBCONTRACTING

Subcontracting of any portion of this SOW is not allowed andanalysis may not be performed at any other facility/locationof the corporation except the facility/location designatedin the Subcontract Agreement. The laboratory must be cap-able of performing all work associated with extraction andanalysis of the samples as stated in this SOW.

AR30043

2.11 ACCEPTANCE PERFORMANCE REQUIREMENTS

During the SOW period of performance, the laboratory isrequired to. provide QA/QC data to CH2M HILL upon request.Laboratories with data deliverables from QA/QC analyses,which are determined by the EPA/CH2M HILL to be acceptablein full accordance with QA/QC requirements and schedule,will be eligible for continuing sample analyses. If theQA/AC data deliverables do not meet the SOW requirements andstill do not meet the SOW requirements after appropriatecorrective actions have been taken, then EPA/CH2M HILLreserve the right to stop sample shipment to the laboratory.

If examination of the final data package for a particularsample or group of samples reveals QA/QC deficiencies thatrender the data unusable and the deficiencies cannot becorrected, no payment shall be made for the affectedsamples.

WDCR437/001.50

AR300U38

\

EXHIBIT A

SW-846, Method 7470—Total Mercury in Groundwater.

AR30Q1439

WDCR437/001.50/7

EXHIBIT A

1. General description of analytical service requested:| Analysis of groundwater for total mercury using SW-846,

Method 7470 (attached).

2. Definition and number of work units involved: Approxi-mately forty-eight (48) groundwater samples for totalmercury using SW-846, Method 7470 (attached). All

i samples will be low level concentration. Unit count* includes required duplicates and spike duplicates.

Unit count does not include calibration standards orlaboratory method blanks.

3. Estimated date(s) of collection: Groundwater sampleswith be collected quarterly starting approximatelyNovember 30, 1989 (approximately 12 samples per event).

4. Approximate number of days results required after labreceipt of. samples: Samples must be analyzed within14 days of VTSR. Completed data package required by30 days of receipt of last sample.

5. Analytical protocol required: Analyze all samplesusing SW-846, Method 7470. The method is attached.The quantitation limit of the method is 0.20 ug Hg/L.Analyze one duplicate sample for every 10 samples.Analyze one matrix spike sample for every 10 samples

{ (or per batch if fewer than 10 samples total). Verify\ calibration with an independently prepared check stan-

dard every 15 samples. Prepare calibration curves asi given in Method 7470.

6. Analytical results required: Follow data package for-mat of CLP, Statement of Work for Inorganic Analysis

! (revision of 7/88). Include all analyst logbook pages,run logs, raw data, calculations, data summary sheets,chain-of-custody (including laboratory chronicle formsthat document sample custody within the laboratory),dates of sample analyses, copies of SAS packing lists,and airbills. Individual pages of the data packagesmust be numbered. All report forms and data must belabeled with EPA sample number as per chain-of-custodyand CLP forms. Results are to be reported in ug Eg/1.Records of analysis and calculations must be legibleand sufficient to recalculate all concentrations. EPAor NBS QC reference samples, or any other referencesample or initial calibration verification, will be A D O f m f i nidentified as to source, lot number, and sample numbeTf» 3 U U Ht *4 UCorresponding "true" or target values and associated

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I,\

95 percent confidence limits for analysis results willbe provided for all reference samples used.

7. Data Requirements:

Precision DesiredParameter Detection Limit (+1- % or cone.)

Total mercury 0.20 ug Hg/1 +/- 20%

8. Quality Control Requirements: All QA/QC requirementsshall be performed and reported as specified in CLP SOWfor Inorganics Analysis (7/88). Follow procedures forquality control as given in Method 7470. Duplicatesand matrix spikes should be analyzed as stated in theAnalytical Protocol Required.

WDCR457/020.50

AR300H!

A-2

METHOD 7470

I MERCURY IN LIQUID WASTE (MANUAL COLD-VAPOR TECHNIQUE)

j ^ 1.0 SCOPE AND APPLICATION

1.1 Method 7470 1s a cold-vapor atomic absorption procedure approved for,' determining the concentration of mercury 1n mobility-procedure extracts, aque-

ous wastes, and ground waters. (Method 7470 can also be used for analyzingcertain solid and sludge-type wastes; however, Method 7471 1s usually themethod of choice for these waste types.) All samples must be subjected to an

i appropriate dissolution step prior to analysis.

i 2.0 SUMMARY OF METHOD

2.1 Prior to analysis, the liquid samples must be prepared according tothe procedure discussed 1n this method.

* 2.2 Method 7470, a cold-vapor atomic absorption technique, 1s based onthe absorption of radiation at 253.7-nm by mercury vapor. The mercury 1sreduced to the elemental state and aerated from solution 1n a closed system.The mercury vapor passes through a cell positioned In the light path of anatomic absorption spectrophotometer. Absorbance (peak height) 1s measured asa function of mercury concentration.

' 2.3 The typical detection limit for this method 1s 0.0002 mg/L.

3.0 INTERFERENCES

3.1 Potassium permanganate 1s added to eliminate possible Interferencefrom sulfide. Concentrations as high as 20 mg/L of sulflde as sodium sulfidedo not Interfere with the recovery of added Inorganic mercury from Type IIwater.

3.2 Copper has also been reported to Interfere; however, copper concen-trations as high as 10 mg/L had no effect on recovery of mercury from spikedsamples.

3.3 Seawaters, brines, and Industrial effluents high 1n chloridesrequire additional permanganate (as much as 25 mL) because, during theoxidation step, chlorides are converted to free chlorine, which also absorbsradiation of 253.7 nni. Care must therefore be taken to ensure that freechlorine 1s absent before the mercury 1s reduced and swept Into the cell.This may be accomplished by using an excess of hydroxylamine sulfate reagent(25 mL). In addition, the dead air space In the BOD bottle must be purgedbefore adding stannous sulfate. Both Inorganic and organic mercury spikeshave been quantitatively recovered from seawater by using this technique.

7470-1 AR300H2Revision 0Date September 1986

3.4 Certain volatile organic materials that absorb at this wavelengthmay also cause Interference. A preliminary run without reagents shoulddetermine 1f this type of Interference Is present. ,

4.0 APPARATUS AND MATERIALS

4.1 Atomic absorption spectrophotometer or equivalent: Any atomicabsorption unit with an opensample presentationarea 1n which to mount theabsorption cell 1s suitable. Instrument settings recommended by the partlc-ular manufacturer should be followed. Instruments designed specifically forthe measurement of mercury using the cold-vapor technique are commerciallyavailable and may be substituted for the atomic absorption spectrophotometer.

4.2 Mercury hollow cathode lamp or electrode!ess discharge lamp.

4.3 Recorder: Any multirange variable-speed recorder that 1s compatiblewith the UV detection system 1s suitable.

4.4 Absorption cell: Standard spectrophotometer cells 10 cm long withquartz end windowsmaybe used. Suitable cells may be constructed fromPlexlglas tubing, 1 1n. O.D. x 4.5 1n. The ends are ground perpendicular tothe longitudinal axis, and quartz windows (1 1n. diameter x 1/16 1n.thickness) are cemented 1n place. The cell 1s strapped to a burner forsupport and aligned in the light beam by use of two 2-1n. x 2-1n. cards. One-1n.-diameter holes are cut 1n the middle of each card. The cards are thenplaced! over each end of the cell. The cell 1s then positioned and adjustedvertically and horizontally to give the maximum transmlttance.

4.5 A1r pump: Any peristaltic pump capable of delivering 1 literair/min may be used. A Masterflex pump with electronic speed control has beenfound to be satisfactory.

4.6 Flowmeter; Capable of measuring an air flow of 1 Uter/min.

4.7 Aeration tubing; A straight glass frit with a coarse porosity.Tygon tubing 1s used for passage of the mercury vapor from the sample bottleto the absorption cell and return.

4.8 Drying tube; 6-1n. x 3/4-1n.-diameter tube containing 20 g of mag-neslum perchlorate or a small reading lamp with 60-W bulb which may be used toprevent condensation of moisture inside the cell. The lamp should be posi-tioned to shine on the absorption cell so that the air temperature in the cellis about 10*C above ambient.

4.9 The cold-vapor generator 1s assembled as shown in Figure 1.4.9.1 The apparatus shown 1n Figure 1 is a closed system. An open

system, where the mercury vapor is passed through the absorption cellonly once, may be used Instead of the closed system.

7470 - 2RevisionDate September 1986

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7470-3RevisionDate September 1986

4.9.2 Because mercury vapor 1s toxic, precaution must be taken toavoid Us Inhalation. Therefore, a bypass has been Included 1n thesystem either to vent the mercury vapor Into an exhaust hood or to passthe vapor through some absorbing medium, such as:

1. Equal volumes of 0.1 M KMn04 and 10% H2S04; or2. 0.25% Iodine 1n a 3% KI solution.

A specially treated charcoal that will adsorb mercury vapor 1s alsoavailable from Barnebey and Cheney, East 8th Avenue and North CassldyStreet, Columbus, Ohio 43219, Cat. 1580-13 or 1580-22.

5.0 REAGENTS

5.1 ASTM Type II water (ASTM D1193): Water should be monitored forImpurities.5.2 Sulfuric acid (H?SOd), concentrated; Reagent grade.

5.3 Sulfuric acid, 0.5 N: Dilute 14.0 mL of concentrated sulfurlc addto 1.0 liter.

5.4 Nitric acid (HNOq). concentrated: Reagent grade of low mercurycontent. If a high reagent blank 1s obtained, 1t may be necessary todlstlll the nitric add.5.5 Stannous sulfate; Add 25 g stannous sulfate to 250 mL of 0.5 NH2S04~This mixture 1s a suspension and should be stirred continuouslyduring use. (Stannous chloride may be used in place of stannoussulfate.)5.6 Sodium chloride-hydroxylamine sulfate solution: Dissolve 12 g ofsodium chloride and 12 g of hydroxy1 amine sulfate 1n Type II water anddilute to 100 mL. (Hydroxy1 amine hydrochlorlde may be used 1n place ofhydroxy1 amine sulfate.)

5.7 Potassium permanganate, mercury-free, 5% solution (w/v): Dissolve5 g of potassium permanganate in 100 mL of Type II water.

5.8 Potassium persulfate, 5% solution (w/v): Dissolve 5 g of potassiumpersulfate in 100 mL of Type II water.

5.9 Stock mercury solution; Dissolve 0.1354 g of mercuric chloride 1n75 mL of Type II water.Add 10 mL of concentrated HN03 and adjust thevolume to 100.0 mL (1 mL = 1 mg Hg).

5.10 Mercury working standard; Make successive dilutions of the stockmercury solution to obtain aworking standard containing 0.1 g per mL.This working standard and the dilutions of the stock mercury solutionshould be prepared fresh daily. Acidity of the working standard shouldbe maintained at 0.15% nitric acid. This add should be added to theflask, as needed, before addition of the aliquot.

7470-4 AR300i^5Revision 0Date September 1986

6.0 'SAMPLE COLLECTION, PRESERVATION, AND HANDLING ••* •*"••

6.1 All samples must have been collected using a sampling plan thataddresses the considerations discussed In Chapter Nine of this manual.

6.2 All sample containers must be prewashed with detergents, adds, andType II water. Plastic and glass containers are both suitable.

6.3 Aqueous samples must be acidified to a pH <2 with HN03. Thesuggested maximum holding times for these samples are 38 days In glasscontainers and 13 days In plastic containers.

6.4 Nonaqueous samples shall be refrigerated, when possible, andanalyzed as soon as possible.

7.0 PROCEDURE

7.1 Sample preparation: Transfer 100 mL, or an aliquot diluted to100 mL, containing <1.0 g of mercury, to a 300-mL BOD bottle. Add 5 mL ofHgS04 and 2.5 mL of concentrated HNOs, mixing after each addition. Add 15 mLof potassium permanganate solution to each sample bottle. Sewage samples mayrequire additional permanganate. Ensure that equal amounts of permanganateare added to standards and blanks. Shake and add additional portions ofpotassium permanganate solution, 1f necessary, until the purple color persistsfor at least 15 m1n. Add 8 mL of potassium persulfate to each bottle and heatfor 2 hr in a water bath maintained at 95*C. Cool and add 6 mL of sodiumchloride-hydroxylamlne sulfate to reduce the excess permanganate. After adelay of at least 30 sec, add 5 mL of stannous sulfate, Immediately attach thebottle to the aeration apparatus, and continue as described in Paragraph 7.3.

7.2 Standard preparatlon; Transfer 0-, 0.5-, 1.0-, 2.0-, 5.0-, and10.0-mL aliquots of themercury working standard, containing 0-1.0 ug ofmercury, to a series of 300-mL BOD bottles. Add enough Type II water to eachbottle to make a total volume of 100 mL. Mix thoroughly and add 5 mL ofconcentrated H£S04 and 2.5 mL of concentrated HN03 to each bottle. Add 15 mLof KMn04 solution to each bottle and allow to stand at least 15 m1n. Add 8 mLof potassium persulfate to each bottle and heat for 2 hr 1n a water bathmaintained at 95*C. Cool and add 6 mL of sodium chlorlde-hydroxylaminesulfate solution to reduce the excess permanganate. When the solution hasbeen decolorized, wait 30 sec, add 5 mL of the stannous sulfate solution,Immediately attach the bottle to the aeration apparatus, and continue asdescribed in Paragraph 7.3.

7.3 Analysis; At this point the sample Is allowed to stand quietlywithout manual agitation. The circulating pump, which has previously beenadjusted to a rate of 1 I1ter/m1n, Is allowed to run continuously. Theabsorbance will Increase and reach a maximum within 30 sec. As soon as therecorder pen levels off (approximately 1 min), open the bypass valve and


continue the aeration until the absorbance returns to Its minimumAvalve.Close the bypass valve, remove the stopper and frit from the BOD bottle, andcontinue the aeration. •- . , -••< L :,;»

• • . . • ; •. •!«•.', 317.4 Construct a calibration curve by plotting the absorbances of stan-

dards versus mlcrograms of mercury. Determine the peak height of the unknownfrom the chart and read the mercury value from the standard curve.

7.5 Analyze all EP extracts, all samples analyzed as part of a del1stingpetition, and all samples that suffer from matrix Interferences by the methodof standard additions.

7.6 Duplicates, spiked samples, and check standards should be routinelyanalyzed.

7.7 Calculate metal concentrations (1) by the method of standardadditions, or (2) from a calibration curve. All dilution or concentrationfactors must be taken Into account. Concentrations reported for multlphasedor wet samples must be appropriately qualified (e.g., 5 ug/g dry weight).

8.0 QUALITY CONTROL

8.1 All quality control data should be maintained and available for easyreference or Inspection.

8.2 Calibration curves must be composed of a minimum of a blank andthree standards. A calibration curve should be made for every hour ofcontinuous sample analysis.

8.3 Dilute samples 1f they are more concentrated than the higheststandard or 1f they fall on the plateau of a calibration curve.

8.4 Employ a minimum of one blank per sample batch to determine 1fcontamination or any memory effects are occurring.

8.5 Verify calibration with an Independently prepared check standardevery 15 samples.

8.6 Run one spike duplicate sample for every 10 samples. A duplicatesample 1s a sample brought through the entire sample preparation andanalytical process.

8.7 The method of standard additions (see Method 7000, Section 8.7)shall be used for the analysis of all EP extracts, on all analyses submittedas part of a deli sting petition, and whenever a new sample matrix 1s beinganalyzed.

7470-6RevisionDate September 1986

9.0 METHOD PERFORMANCE

9.1 Precision and accuracy data are available 1n Method 245.1 of Methodsfor Chemical Analysis of Water and Wastes.

10.0 REFERENCES

1. Methods for Chemical Analysis of Water and Wastes, EPA-600/4-82-055,December 1982, Method 245.1.

7470-7 BR300M8Revision 0Date September 1986

EXHIBIT B

SW-846, Method 7471—Total Mercury in Soil/Waste, Fish,Mussels, and Macroinvertebrates.

WDCR437/001.50/8

EXHIBIT B

1. General description of analytical service requested:Analysis of fish, soil, waste, macro invertebrates , andmussels for total mercury using SW-846, Method 7471 witha perchloric acid digestion as per Feldman (attached).

2. Definition and number of work units involved: Approxi-mately one hundred-forty (140) samples for total merc-ury using SW-846, Method 7471 with a perchloric aciddigestion (attached). All samples will be low levelconcentration. Unit count includes required duplicatesand spike samples . Unit count does not include cali-bration standards or laboratory method blanks. Sampleswill, be sent to the laboratory homogenized and frozen.

3. Estimated date(s) of collection: Soil, waste, macroin-vertebrates, and mussels (approximately 46 total) willbe collected during one sampling event starting approx-imately November 30, 1989. Fish samples will be col-lected during two events, the first starting November30, 1989, and the second starting in May, 1990(approximately 47 samples per event).

4. Approximate number of days results required after labreceipt of samples: Samples must be analyzed within 14days of VTSR. Completed data package required by30 days of receipt of last sample.

5. Analytical protocol required: Analyze all samplesusing SW-846, Method 7471 with a perchloric acid diges-tion. The method is attached. The quantitation limitof the method is 0.1 ug Hg/g. Analyze one duplicatesample for every 10 samples. Analyze one matrix spikesample for every 10 samples (or per batch per matrix iffewer than 10 samples total) per matrix (i.e., soil,waste, fish, macroinvertebrates , and mussels). Verifycalibration with an independently prepared check stan-dard every 15 samples. Prepare calibration curves asgiven in Method 7471. Samples will be frozen; allliquids from sample container should be included in theanalysis of the sample.

6. Analytical results required: Follow data package for-mat of CLP, Statement of Work for Inorganic Analysis(revision of 7/88). Include all analyst logbook pages,run logs, raw data, calculations, data summary sheets,chain-of-custody (including laboratory chronicle formsthat document sample custody within the laboratory),dates of sample analyses, copies of SAS packing listand airbills. Individual pages of the data packages

B-ln

must be numbered. All report forms and data must belabeled with EPA sample number as per chain-of-custodyand CLP forms. Results are to be reported in ug Hg/g.Records of analysis and calculations must be legibleand sufficient to recalculate all concentrations. EPAor NBS QC reference samples, or any other referencesample or initial calibration verification, will beidentified as to source, lot number, and sample number.Corresponding "true" or target values and associated95% confidence limits for analysis results will be pro-vided for all reference samples used.


Precision DesiredParameter Detection Limit ( + /- % or cone.)

Total mercury 0.1 ug Hg/g +/- 20%

8. Quality Control Requirements: All QA/QC requirementsshall be performed and reported as specified in CLP SOWfor Inorganics Analysis (7/88). Follow procedures forquality control as given in Method 7471. Duplicatesand matrix spikes should be analyzed as stated in theAnalytical Protocol Required.

WDCR457/021.50

B-2

AR300l*5l

METHOD 7471 . .

MERCURY IN SOLID OR SEMISOLID WASTE (MANUAL COLD-VAPOR TECHNIQUE)

1.0 SCOPE AND APPLICATION

1.1 Method 7471 1s approved for measuring total mercury (organic andInorganic) 1n soils, sediments, bottom deposits, and sludge-type materials.All samples must be subjected to an appropriate dissolution step prior toanalysis.

2.0 SUMMARY OF METHOD

2.1 Prior to analysis, the solid or semi-solid samples must be preparedaccording to the procedures discussed 1n this method.

2.2 Method 7471, a cold-vapor atomic absorption method, is based on theabsorption of radiation at the 253.7-nm wavelength by mercury vapor. Themercury is reduced to the elemental state and aerated from solution 1n aclosed system. The mercury vapor passes through a cell positioned In thelight path of an atomic absorption spectrophotometer. Absorbance (peakheight) 1s measured as a function of mercury concentration.

2.3 The typical detection limit for this method 1s 0.0002 mg/L.

3.0 INTERFERENCES

3.1 Potassium permanganate is added to eliminate possible interferencefrom sulfide. Concentrations as high as 20 mg/L of sulfide as sodium sulfidedo not Interfere with the recovery of added Inorganic mercury from Type IIwater.

3.2 Copper has also been reported to Interfere; however, copper concen-trations as high as 10 mg/L had no effect on recovery of mercury from spikedsamples.

3.3 Seawaters, brines, and Industrial effluents high 1n chloridesrequire additional permanganate (as much as 25 mL) because, during theoxidation step, chlorides are converted to free chlorine, which also absorbsradiation of 253 nm. Care must therefore be taken to ensure that freechlorine is absent before the mercury 1s reduced and swept into the cell.This may be accomplished by using an excess of hydroxylamine sulfate reagent(25 mL). In addition, the dead air space in the BOD bottle must be purgedbefore adding stannous sulfate. Both Inorganic and organic mercury spikeshave been quantitatively recovered from seawater by using this technique.

3.4 Certain volatile organic materials that absorb at this wavelengthmay also cause interference. A preliminary run without reagents shoulddetermine 1f this type of interference 1s present.

7471-1 ' D « « AR300U52Revision 0Date September 1986

4.0 APPARATUS AND MATERIALS

4.1. Atomic absorption spectrophotometer or equivalent: Any atomicabsorption unit with an opensample presentationarea 1n which to mount theabsorption cell 1s suitable. Instrument settings recommended by the partic-ular manufacturer should be followed. Instruments designed specifically forthe measurement of mercury using the cold-vapor technique are commerciallyavailable and may be substituted for the atomic absorption spectrophotometer.

4.2 Mercury hollow cathode lamp or electrodeless discharge lamp.4.3 Recorder: Any multlrange variable-speed recorder that 1s compatible

with the UV detection system 1s suitable.4.4 Absorption cell; Standard spectrophotometer cells 10 cm long with

quartz end windowsmaybe used. Suitable cells may be constructed fromPlexlglas tubing, 1 1n. O.D. x 4.5 1n. The ends are ground perpendicular tothe longitudinal axis, and quartz windows (1 in. diameter x 1/16 1n.thickness) are cemented in place. The cell is strapped to a burner forsupport and aligned 1n the light beam by use of two 2-1n. x 2-1n. cards. One-1n.-diameter holes are cut 1n the middle of each card. The cards are thenplaced over each end of the cell. The cell 1s then positioned and adjustedvertically and horizontally to give the maximum transmlttance.

4.5 Air pump; Any peristaltic pump capable of delivering 1 L/m1n airmay be usecH A Masterf1 ex pump with electronic speed control has been foundto be satisfactory.

4.6 Flowmeter; Capable of measuring an air flow of 1 L/min.

4.7 Aeration tubing; A straight glass frit with a coarse porosity.Tygon tubing Is used for passage of the mercury vapor from the sample bottleto the absorption cell and return,

4.8 Drying tube; 6-1n. x 3/4-1n.-diameter tube containing 20 g ofmagnesium perchlorate or a small reading lamp with 60-W bulb which may be usedto prevent condensation of moisture inside the cell. The lamp should bepositioned to shine on the absorption cell so that the air temperature 1n thecell is about 10*C above ambient.

4.9 The cold-vapor generator is assembled as shown in Figure 1.

4.9.1 The apparatus shown 1n Figure 1 is a closed system. An opensystem, where the mercury vapor 1s passed through the absorption cellonly once, may be used Instead of the closed system.

4.9.2 Because mercury vapor is toxic, precaution must be taken toavoid Its inhalation. Therefore, a bypass has been included in the

7471 - 2Revision 0Date Septemtfifi »8pQ U 5

' ? -— ffi1-F -•-1

4--D

•s>I

2I

£1

I. U>si<*<§£ O•OE 0

7471 - 3Revision QDate September 1986

system either to vent the mercury vapor Into an exhaust hood or to passthe vapor through some absorbing medium, such as:

1. equal volumes of 0.1 M KMn04 and 10% H2S04, or2. 0.25% Iodine 1n a 3% KI solution.

A specially treated charcoal that will adsorb mercury vapor 1s alsoavailable from Barneby and Cheney, East 8th Avenue and North CassldyStreet, Columbus, Ohio 43219, Cat. 1580-13 or 1580-22.

5.0 REAGENTS

5.1 ASTM Type II water (ASTM D1193): Water should be monitored forImpurities.

5.2 Aqua regia; Prepare Immediately before use by carefully addingthree volumes of concentrated HC1 to one volume of concentrated

5.3 Sulfuric acid. 0.5 N: Dilute 14.0 mL of concentrated sulfurlc addto 1 liter.

5.4 Stannous sulfate: Add 25 g stannous sulfate to 250 mL of 0.5 Nsulfuric add. This mixture 1s a suspension and should be stirredcontinuously during use. A 10% solution of stannous chloride can besubstituted for stannous sulfate.

5.5 Sodium chlor1de-hydroxy1am1ne sulfate solution: Dissolve 12 g ofsodium chloride and 12 g of hydroxy 1 ami ne sulfate 1n Type II water and diluteto 100 mL. Hydroxy 1 ami ne hydrochlorlde may be used 1n place of hydroxy 1 ami nesulfate.

5.6 Potassium permanganate, mercury-free, 5% solution (w/v): Dissolve5 g of potassium permanganate 1n 100 mL of Type II water.

5.7 Mercury stock solution; Dissolve 0.1354 g of mercuric chloride 1n75 mL of Type II water. :A"HH 10 mL of concentrated nitric add and adjust thevolume to 100.0 mL (1.0 mL = 1.0 mg Hg).

5.8 Mercury working standard; Make successive dilutions of the stockmercury solution to obtain a working standard containing 0.1 ug/mL. Thisworking standard and the dilution of the stock mercury solutions should beprepared fresh daily. Acidity of the working standard should be maintained at0.15% nitric acid. This acid should be added to the flask, as needed, beforeadding the aliquot.

6.0 SAMPLE COLLECTION, PRESERVATION, AND HANDLING

6.1 All samples must have been collected using a sampling plan thataddresses the considerations discussed 1n Chapter Nine of this manual.

7471 - 4Revision 0Date Septembfi gffiQ i$ 5

6.2 All sample containers must be prewashed with detergents, acids, andType II water. Plastic and glass containers are both suitable.

6.3 Aqueous samples must be acidified to a pH <2 with nitric acid.6.4 For solids or semlsollds, moisture may be driven off In a drying

oven at a temperature of 60*C.

7.0 PROCEDURE

7.1 Sample preparation; Weigh triplicate 0.2-g portions of untreatedsample and place In the bottom of a BOD bottle. Add 5 mL of Type II water and5 mL of aqua regla. Heat 2 m1n In a water bath at 95*C. Cool; then add 50 mLType II water and 15 mL potassium permanganate solution to each sample bottle.Mix thoroughly and place 1n the water bath for 30 m1n at 95*C. Cool and add 6mL of sodium chlorlde-hydroxylamine sulfate to reduce the excess permanganate.

CAUTION: Do this addition under a hood, as Cl£ could be evolved. Add55 mL of Type II water. Treating each bottle Individually, add5 mL of stannous sulfate and Immediately attach the bottle tothe aeration apparatus. Continue as described under step 7.4.

7.2 An alternate digestion procedure employing an autoclave may also beused. In this method, 5 mL of concentrated H2SOA and 2 mL of concentratedHN03 are added to the 0.2 g of sample. Add 5 ml of saturated KMn04 solutionand cover the bottle with a piece of aluminum foil. The samples areautoclaved at 121*C and 15 Ib for 15 min. Cool, dilute to a volume of 100 mLwith Type II water, and add 6 mL of sodium chlorlde-hydroxylamine sulfatesolution to reduce the excess permanganate. Purge the dead air space andcontinue as described under step 7.4.

7.3 Standard preparation; Transfer 0.0-, 0.5-, 1.0-, 2.0-, 5.0-, and10-mL allquotsof themercury working standard, containing 0-1.0 ug ofmercury, to a series of 300-mL BOD bottles. Add enough Type II water to eachbottle to make a total volume of 10 mL. Add 5 mL of aqua regla and heat 2 minin a water bath at 95*C. Allow the sample to cool; add 50 mL Type II waterand 15 mL of KMn04 solution to each bottle and return to the water bath for30 min. Cool and add 6 mL of sodium chlorlde-hydroxylamine sulfate solutionto reduce the excess permanganate. Add 50 mL of Type II water. Treating eachbottle Individually, add 5 mL of stannous sulfate solution, Immediately attachthe bottle to the aeration apparatus, and continue as described 1nStep 7.4.

7.4 Analysis; At this point, the sample 1s allowed to stand quietlywithout manual agitation. The circulating pump, which has previously beenadjusted to a rate of 1 L/m1n, 1s allowed to run continuously. Theabsorbance, as exhibited either on the spectrophotometer or the recorder, willIncrease and reach maximum within 30 sec. As soon as the recorder pen levelsoff (approximately 1 min), open the bypass valve and continue the aerationuntil the absorbance returns to Its minimum value. Close the bypass valve,remove the fritted tubing from the BOD bottle, and continue the aeration.

AR3QIH567471 - 5 - - . . . _ -Revision 0Date September 1986

7.5 Construct a calibration curve by plotting the absorbances ofstandards versus mlcrograms of mercury.' Determine the peak height of :theunknown from the chart and read the mercury value from the standard curve.

7.6 Analyze all EP extracts, all samples analyzed as part of a dellstlngpetition, and all samples that suffer from matrix Interferences by the methodof standard additions (see Method 7000, Section 8.7).

7.7 Duplicates, spiked samples, and check standards should be routinelyanalyzed.

7.8 Calculate metal concentrations: (1) by the method of standardadditions, (2) from a calibration curve, or (3) directly from the instrument'sconcentration read-out. All dilution or concentration factors must be takeninto account. Concentrations reported for multlphased or wet samples must beappropriately qualified (e.g., 5 ug/g dry weight).

8.0 QUALITY CONTROL

8.1 All quality control data should be maintained and available for easyreference or inspection.

8.2 Calibration curves must be composed of a minimum of a blank andthree standards. A calibration curve should be made for every hour ofcontinuous sample analysis.

8.3 Dilute samples 1f they are more concentrated than the higheststandard or if they fall on the plateau of a calibration curve.

8.4 Employ a minimum of one blank per sample batch to determine 1fcontamination or any memory effects are occurring.

8.5 Verify calibration with an Independently prepared check standardevery 15 samples.

8.6 Run one spike duplicate sample for every 10 samples. A duplicatesample is a sample brought through the entire sample preparation andanalytical process.

8.7 The method of standard additions (see Method 7000, Section 8.7)shall be used for the analysis of all EP extracts, on all analyses submittedas part of a deli sting petition, and whenever a new sample matrix 1s beinganalyzed.

9.0 METHOD PERFORMANCE

9.1 Precision and accuracy data are available in Method 245.5 of Methodsfor Chemical Analysis of Water and Wastes.


9.2 The data shown 1n Table 1 were obtained from records of state andcontractor laboratories. The data are Intended to show the precision of thecombined sample preparation and analysis method.

10.0 REFERENCES

1. Methods for Chemical Analysis of Water and Wastes, EPA-600/4-82-055,December 1982, Method 245.5.

2. Gasklll, A., Compilation and Evaluation of RCRA Method Performance Data,Work Assignment No. 2, EPA Contract No. 68-01-7075, September 1986.

7471 ~7 Revision JR»300'»58Date September 1986

TABLE 1. METHOD PERFORMANCE DATA

' Sample' • M •Matrix

Emission control dustWastewater treatment sludge

PreparationMethod

Not knownNot known

Laboratory^ .Replicates

12, 12 ug/g

0.4, 0.28 ug/g

7471-8 AR300U59Revision- " ' 0Date September 1986

••: METHOD 7471

MERCURY IN SOLID OR SEMXSOLXO WASTE .(MANUAL COLD-VAPOR TECHNXOUE)

7.1

For sample .f use 1 of 2 "X^ ——'.——I Addpreparation weigh 3 «——Cdlgestlon proc«d. >—————" cone. HiSO* andportions of dry ^^ for sample lr .. iconc. HNO* to

sample: add Type II \^ prep. ^ sample: addwater and aqua regla >.. ^ KMnO solutionto each

7.1 I Heat:———Icool: addType XX waterand potassiumpermanganate

solution

7.2 {AutoclaveI samples:

cool: dilute:add sodiumchloride

hydroxylamlne

7.1 I Heat:Icool; addsodium chloride

hydroxylamlnesulfate and

Type IX water

7.1 Addstannous

culfate to eachbottle: attach

to aerationapparatus

Revision pDate September 1986

-METHOD 7471MERCURY IN SOLID OR SEMXSOLXO WASTE (MANUAL COLO-VAPOR TECHNIQUE)

(Continued!

O O7.3

Transfer allguots ofmercury working

standard to series ofbottles for standard

preparation

7.4 I For———I ana lysis.run circulating

pumpcontinuously.

aerate

7.3 I—-——I Add

Type IIwater and aquiregla to eachbottle: heat

7.SIConstruct

calibrationcurve: determinepeak height and

mercury value

7.3

7.6Cool: add Type IIwater and

solution: heat: cool;add sodium chloride

hydroxylamlne sulfatesolution

Analyzeby method ofstandard

additions

7.3 I Add Type-— I XX water

and stannoussulfate: attach

to aerationapparatus

7.7 Routinelyanalyze

duplicates.spiked samples.

and checkstandards

7.8

Calculate metalconcentrations

f Stop J

7471 - 10Revision QDate September 1986

RR3QQU61

-,,„.„, A . . , , _ . the species contains cobalt and the ligand in 1:3 ratio.!Table III. Characteristics of the Complexes The characteristics of the compiex are summarized in'

Chnnielr-riKlir Ou(I) complex Co(II) comple-x Table III.

C())or Brown Wine-red Interferences. In the determination of cohait, af least up^ 470 nm 450 520 nm *° 1000 times the molar excess of each of Chloride, chin,,11Kk 4.T.JO -KM.'! ride, bromide, iodide, nitrite, nitrate, (.hiocyattatc, per-I'erroziiie needed for 4-limes 80-times chlorate, acetate, sulfite, sulfate, borate, oxalate, citrate,

full color develop- phthalate, thiouren, and phosphate; 300 times tnrtrntc,incut, (iil.i-nt.iou • jyy timt.s of t.Uch of alkaline earth metals, zinc, cadmium., , .

,,l l"mn«e for maximum (i.r, 8.8 5.57.0 mercury, tin. lead, bismnth, and manKam..se did no! interand constant absorb- fere- "owev<-'r, the presence ol copper, iron, and nickelance caused interference.

Molar composition 1:2 Not ascertained Simultaneous Determination. The magenta-colored fer-(metal: ligand) by rous complex of ferrozine absorbs maximum at .r>()2 nmcontinuous vnria- wjth n)ojar absorj)tivity 27,900 (/). On the other hand,lions method Xmnx of the cuprous complex lies at a much lower wave-

Beer slaw range ° C"0K/™|. offoSlt len^h (470 nm). The two components were detennimdAccurate range of 0.5-19.6 pg/ml 0.6-5.8 ^g/ml using the principle of additive absorbances and simulta-

determination of copper of cobalt neously solving Equations 1 and 2.Sandell's sensitivity (4) 0.015Mg/cm5 0.013 g/cm'Standard deviation 0.002 0.002 K™ LL'U + K470 CFC - &i

(calculated from 8 (Total absorbance at 470 nm) (1)GS ____________________________ KS62c» Ccu

IidsifutiI

(Total absorbance at a()2 n in) (2iCobalt Complex The cobalt complex exhibits a broad where K Cu> x562cu> Kmr*t and M2Kc, thc, moiar ab.

maximum at 450-520 nm The composition of the complex s tivities of and in)n complexes at thc, givM j <could not be accurately deduced by the application of the wavelengths are 4320 33{x) 97C()( an(i 279(X) ,_ ,„„,,,., «method of continuous variations. The limb on the excess- cm-J resoect'v Iv 'ligand side of the Job's curve did not show significant de- ' I 'crease in absorbance after 1:3 (cobalt:ferrozine) composi- , for review Jul 16 1973 Accepted March oy.tion was attained in the solution. However, it seems that 19?4> Financial assistance f'rom the University flranb \(4) E. B. Sandeii. "Coiorimetric Determination ot Traces ol Metals." 3rd Commission under the program "Water Pollution" ii j *

ed., Inierscience, New York. N Y.. 1959. p 83. gratefully acknowledged. i '

I

Perchloric Acid Procedure for Wet-Ashing Organics for theDetermination of Mercury (and Other Metals)

Cyrus FeldmanOak Ridge National Laboratory, Oak Ridge, Tenn. 37830

To be useful for the determination of mercury, a wet- perature programming and an insulated nir condenser,ashing procedure must meet the following requirements: 1) rather than a Bethge still (1); the use of certain minimuiiiIt must prevent the loss of mercury (and/or other elements amounts of reagents per gram of sample; and use of t!ieof interest). 2) It must involve minimum risk of contamina- same vessel for digestion and storage.tion. 3) It must be applicable to large (<5-gram) samples of • Three general types of behavior were observed in tin-a wide range of materials, including animal tissue (fatty wet-ashing of various samples, and three variants of theand lean), vegetation, soils, and up to 2 grams of coal and basic procedure were developed to accommodate them.petroleum products. 4) It must be rapid. 5) It must require The category of treatment for each new type of mnlcrialthe minimum amount and the simplest types of apparatus. was established by preliminary tests on small amounts of6) It must permit processing many samples simultaneously, material.

„, with minimum attention. 7) It must be safe.;& Experience and a survey of the literature indicated that EXPERIMENTAL

the G. Frederick Smith HC1O4-HNO3 procedure (/) came Apparatus. Equipment used includes 250-ml horosilicatc &*-closest to meeting these requirements, but that the proce- volumetric flasks with wide, flat bottoms (C.K. Kimax); suppli-mii.-dure would have to be modified in order to fully satisfy re- tal air condensers made from ST 19/38 ground glass joints, withquirements 4, 5, 6, and 7 if used on samples of the size and jackets of woven asbestos tubing held in nlncr by wr.-mpvjc withnature specified. Tetton sealing tape (See Figure 1); vfti44fleHi|nilk« " ~' "

rp... _„._*• i !•„„*...„„ „<-,!,„ —„„-_» —,.„„,!.._„ ——. —— with specific power of at least l.VVaThe essential features of the present procedure are: care- ™" c''lc p°wer "f *l le«< J:7 Va»": <<-.«., T rm,,iy,,o J, . . .. .. i - i i r Model 9425 or Type 2200) and sufficient area for the work load cs. ;ful control of refluxmg and evaporation by the use of tem- pected; surface temperature thermometers (e.K., PTC Model ;W '

C, manufactured by Pacific Transducer (Company, Los Angela.(1) G. Frederick Smith. Anal. Chim. Ada. 17, 175 (1957). Calif.).

1606 • ANALYTICAL CHEMISTRY, VOL. 46, NO. 11, SEPTEMBER 1974

; Before use, thoroughly wash and bake all flasks overnight at 450' -'C, tt'hen the flasks have cooled, sea! their mouths with celluloseopt to prevent contamination during storage. If, after use, the;imcr stirf'ari'of ii flask appears to be coated with dehydrated sili-

' a, remove the coating by rinsing the flask with 2% HF solution.' Scrub and rinse the supplemental air condensers before use.

Keagents. Anaiy/e all available batches of reagent grade HCl&iind si'lect the batch lowes! in mercury and/or other contaminantsrfinti'rost. If the samples to be analyzed are expected to be very!«in mercury, use HCI04 containing less than 0.5 ng/ml Hg. Se-ta the nitric acid in a similar way; if necessary, purify this acid bydistillation. The permissible limit of contamination for HNOsiimild he similar to that for HC104. The water used should con-lain mi more than 0.02 ng/ml Hg; demineralized distilled water canss-.ially meet this requirement. The 20-mg quantities of K-jCroO?iii«t in the procedure did not contribute significant amounts ofHE-Preliminary Test Procedure. Before wet-ashing 1-5 gram

quantities of any new type of material, test small (5100 mg) sam-ples 10 determine which of the procedures described below (CNP,UN!1, or SNP) is most suitable.Treat the test portion first according to the initial steps of the

CNP procedure; use at least the quantity of each acid specified. Don.d hmt the reaction flask at first, so that the vigor of the reactionrtili UNO., can be gauged. Since the reaction of some substancesir.g, ethyl alcohol) with concentrated HNO:! has a fairly long in-ihictiim period, but is vigorous when it occurs, wait for 5 minutesbswre heating thc test sample. If the reaction of the unheatedTincture is mild, carry out the first heating stage (hot plate temper-?lnre U'.'!')0). If the n-action at that slage (i.e., refluxing of HNO;i)amx>;>rs to !»• Ino vigorous to permit scaling up to a larger sample, _, ., _ ,. , ... , . . . . . . ." , t,N,T> P r ii • , • i- . j ir .u r . . Figure 1. Reaction flask with asbestos-jacketed air condenserise the DNr procedure for this material instead. If the first stage _ ' •(faction is smooth, proceed to the second stage (hot plate tempera-sun- 2i>5°). If the foam produced by the test sample at the second allow it to remain until the solution turns orange (usually less thanstage indicates 1 bat more than one inch of foam would be produced 45 min). Allow the assembly to cool, rinse the condenser walls intohy ii full si/e sample, use the SNP procedure for this material in- the flask, remove the supplemental condenser, and dilute solutionslcail. If the amount of foam produced is moderate, carry the CNP to mark. Use caution in the rinsing and diluting, since the heat ofprocedure to romp!-, t inn. In doubtful cases, process a second test mixing of water with the final H2S04-HCI04 mixture is high.sample of interntdi.no si?.e (—0.5 gram) as above. DTTCTTT TC A Mr* riTcniTCCTnwTi> expedite i vjporation, il is convenient to maintain three sep- RESULTS AND DISCUSSION

• Imtplntcs 1,1 the surface temperatures indicated. Perform all The usefulness of lhe present procedure is measured hy•;in and heating ol acids in a hood which is equipped for han- , . , . , . . .. / . 4 < * j •-K'lO-and HNO, fumes the degree to which it satisfies the requirements stated in

Procedure. Transfer ~20 mg granular K2Cr20- to a 250- ' the introductory paragraph. All Hg analyses not otherwiseml volumetric flask. Deposit 5 grams of sample or less in the flask, described were performed by the cold vapor atomic absorp-a-ing a glass rod, if necessary, to push the sample into the lower tion method.;»irtii>n of the flask. Add 10-15 ml of concentrated HNO.T and 15 Prevention of Loss of Mercury during Wet-Ashing.ail of concentrated HH04. Swirl the flask gently and affix a sup- jn thg present procedure, oxidation of organic matter is fol-plwncntn! air condenser to it Ir igure 1). Place the assembly on the . , , r .. , ,. ..,, .• /• • t e-L ln.ipl.rn. (surface temperature 230 ± 5 «C): allow it to remain lowed h^ Preferent.al distillation of various amounts ofth(-re until evolution of NO., fumes has essentially ceased (20-30 Ha°- HNO:{, HC104 and reaction products away from mer-lin). The solution is usually tail or brown at this stage. Transfer cury compounds. It is a basic assumption of this approachil* assembly to the second hotplate (surface temperature 2fi5 ± 5 that the dewlines of the volatile mercury species present

' 'O and allow it to remain there for approximately 30 min (during are ]ower trian those of the degradation by-products and(Ms period, the color of the solution gradually changes to emerald hvdrates of perchloric acid which are to be eliminated. Re-green, owing to the disappearance <>l organic substances masking ' . ,. , , . , , . . . „ , ,lhe c.A.r of the Or'* ion.) Next transfer the assembly to the third tentlon of the ™rcury during the elimination of the otherhotplate (surface temperature 340 ± 5 °C), and allow it to remain components means that as the temperature of the solutioniherr until the color of the solution changes to bright orange, (usu- rises, the dewline for condensation of mercury compoundsally-).1") min or less). Remove the assembly from the hotplate, and must remain safely below the top of the condenser, whileallow it to cool to approximately room temperature. Add the first the dewlines of the compounds eliminated rise above it. Forportions »f distilled water through the supplemental air condenser the solution lo attain the hi h oxidation potentials neces-to rinse any condensnte into the ilnsk. Remove the supplemental , , . , . , . .,condenser, and dilute the solution to volume. sary to destro>'the most resistant species in the sample, theDNP Procedure. Transfer the sample (2 grams or less) to a Concentration of HC104 in the solution must be permitted

2M-ml volumetric flask, treat with 5 ml H2O and then with 15 ml to approach the water-HC104 azeotrope.rf concentrnted HNO.i. Affix the supplemental air condenser to It must be kept in mind that the air condenser actuallythe flask, swirl the assembly, and allow it to stand until the initial consists of two parts: the neck of the reaction flask and the

' 'TiT '"It SrLSmed- P'f6 Vhe asf,enjbly. °,n the 230° hotPlate- supplemental condenser shown in Figure 1. Preliminary ex-and follow the CNP procedure from that point on. .r , , , , . . . fSNP Procedure. Transfer the sample (5 grams or less) to a penments showed that a bare glass supplemental condens-

iin-ml volumetric flask. Add 15 ml concentrnted H2R04, affix the er of ™e dimensions given in Figure I was satisfactory forsupplemental air condenser, swirl the assembly, and ptnce it on the retaining mercury compounds while eliminating water and23fl° hotplate for 15 min. Remove the assembly from the hotplate, some nitric acid and degradation products. However, thisilimv assembly to cool to room temperature, and then cool the type of condenser caused total refluxing of perchloric acidkver part under cold running water Slowly, and with swirling, t h temperatures which could safelv he UBod thus sefaild i) ml concentrated HN():, through the supplemental mr con- . ,. .' , , . ... • . , ' , ,,dtnser. Return the assembly to the 230° hotplate for 00 min. Add t!n? a hmlt to the solution oxidation potential winch couldHim! concent rated HCIO4 and place the assembly cm the 205° hot- he achieved by evaporation. Two methods were possible forplute I'ur :to min. Transfer the sissvinlily to the :i-10° hotplate- mid promoting the elimination of HClO.t with minima! increase

ANALYTICAL CHEMISTRY, VOL. 46. NO. 11, SEPTEMBER 1974 • 1607

^ *i«S«SB«aa8SSMI:«8 iiiSSSiiiS.'sjtiSi,:

(preferably nondestructive) methods. Table I shows thf ij--$- .•/.;:,Table I. Recovery of Hg Added to Tissue Samples su]ts of test of the recovery of diphenyl mercury, phc^t * *^\

wet- mercury acetate, ethyl mercury chloride and mercuric t I «,-ai,.tHiiiiti: it'-- (rate added to various nnt.urnl products before wet-asbit^ \ -4;, w

s..,m,,i.- ii,:n,i.i.Ki.pK i-«iuro "'Ty' Tlu- average recovery was 99.1%. U is evident that thstrt < '.J;'|j,ashing process causes little if any loss of mercury in t,W j t!,,|,,!

Orwm iK-ivli. 1.U2 (as tCclUsHK) CNP 98.5 *

(),-«m perch, 0.909 (as C.HJIsWI.O.) CNP 102.0 Table II compares results obtained hy the present mtir | 5,;,;5 K od with those obtained in other laboratories by vai,-j* '. ,,,=,,j;ri

CiKmvtte 1 .().'! ins C-lUlj-Cl) DNP 98.0 methods. In the neutron activation analysis, carrier « | j,1(j 0<smoke added after irradiation, and a chemical separation p« | •>}(/• }condensate, formed before counting. The USBM "Best Value" ji ft ' jj]

„ °-5 B , , ,„. .. .... . . .„.„ _„ , mean of 28-30 values obtained by various methods ic* I ;„>;,,, tSausage meat. 1 .00 (as Hf!(.NOj)s) SNP 98.1 , •• . . , . . . ., tlo „ ,„ I Wllt 'round robin test conducted by the U.S. Bureau of Miss | vjflf;,(2). Values differing from the moan by more than twictlfe

* '1 "Table II. Comparison of Mercury Concentrations Found by Various Methods '• ''"J;'1'-'I H ; < 0;'

ppm llg found by s. ;

I'r.-Fcnl !mto)X> dilution Neutron NHS Certified USBM i UNO,;Mate-rial mt-thott maps nj>er. nclivntitm Value. "H;fit Vil:*' ^ ;j.nj jj

NHS HUM 1071 (orchard leaves) 0.1-16 0.150 * "'Hi:*NBS SUM 1577 (bovine liver) 0.020 0.016 • Mil:Freoxo-dried tuna muscle 0.-125 0.45 O.'IS * vatt'hjFresh fro/en tuna muscle No. 12 1.80 1.80 ; i;\'()iFresh frozen tuna muscle No. 16 1.06 1.08 - ','/'Coal, Washington County, Pa. 0.135 0.110 0.12 •• "Coal, Muhlenbers County, Ky. 0.196 0.210 0.1$ • :;:ili'rCoal, Jefferson County, Ohio 0.255 0.279 O.i!4 i- j-i-'sio:Coal, Montro.se County, Term. 0.047 0.0-10 0.05 •

tiin the volatility of Hg compounds: a) the air condenser standard deviation were excluded from the calculating •>' ?might be shortened until its top was at the dewline of the the USBM "Best Value" (2). .,solution which had the composition and oxidation poten- The mean value of the ratio of the result obtained by ti.- *tial desired. However, this operation would also bring the present method to that obtained by neutron activate; :;top of the condenser closer to the dewline of the mercury 1.02 ± 0.09; the corresponding ratio for the U.S. BurtMsr' t 1 'pcompounds, making their retention more difficult, b) The Mines "Best Value" is 1.04 ± 0.05. Thus the results in1* s ' i"~supplemental air condenser might be thermally insulated. bles I and II, as a whole, indicate essentially quamiti1 ;<• On1'This would elevate only those dewlines which previously retention of mercury in the present procedure. \)(Jlhad fallen within this portion of the condenser. Thermal Contamination. The principal sources of contamiiu't.. '/Qfinsulation of the upper portion of the condensing system are reagents, glassware, and atmospheric dust. Bakiiw 'would warm this area, and elevate the dewlines of the hy- reagent grade concentrated HC104 examined so far rs,drates of perchloric acid, thus promoting their elimination contained 0.064-11.2 ng/ml Hg. Reagent grade concr-nu;

?«•'! from the system. The mercury compounds, whose dewlines ed HNQs usually showed 0.1-0.2 ng/ml Hg; this w. r- Kodtl/: lie at lower levels, would be much less affected. It was duced to 0.02 ng/ml by distillation in quartz when,IK*

therefore decided to insulate the supplemental air condens- snry. Reagent grade concentrated HjjSO.t contained ters. ng/ml Hg. Digestions of blank solutions in flasks which L-;

The above picture of preferential distillation presuppos- been baked and sealed as described above gave lol.i! Hes that the net loss of vapor from the system is slow enough values differing by less than 2 ng from those obtained!;and steady enough to permit the establishment of stable analyzing the reagents without digestion. This iinpliei LVdewlines. Reactions which produce too much effervescence, contamination from glassware and atmospheric du-t *eor produce it too suddenly, may cause enough turbulence negligible.or bulk transport of vapors in the air condenser column to . Versatility. This procedure proved applicable U> t»eliminate mercury compounds which would be retained samples received for analysis over a period of two y?.',under steadier conditions. For this reason alone—aside Most samples (e.g., muscle and other low-Iipid tissue,vejifrom safety considerations (see below)—the rate of boiling tation, soils) were oxidized smoothly by the CNP pti<<and/or effervescence should be kept at a moderate level. dure. Some samples (e.g., light tars, wheat flour, %esu\xf

The retention of mercury during the wet-ashing proce- ethyl alcohol) reacted vigorously with concentrated ni-;-dure was tested in two ways: by measuring the recovery of acid; with these, it was necessary to use the DNP pxknown amounts of mercury compounds added to the sam- dure. With high-lipid materials (c.#., fatty tissues, hr.-i:pie before wet-ashing, and by comparing the Hg concentra- liver) it was usually advisable to use the SNP procedure,tion values obtained by other methods. As tests of the pres- Time Required. Depending on the size and compiwi.•-ent procedure for losses of Hg during wet-ashing, recovery of the sample, the total time required for digestion ?: | ;-. pr,experiments have the advantage of dealing with an accu- 90-100 min for the CNP and DNP procedures and 140-1X- ; fi..;,,;...)rately known amount of a known compound. However, they min for the SNP method. _, 1 fmviicannot prove the absence of losses of Hg in the chemical Apparatus Required. One 25(AnP ijjiQii}lQ !*4 « M! itform (usually unknown) in which it occurs in the sample. one standard taper joint are required lor each sanrjA,:- •! v^'i-iThe latter can best be done by comparing the present re- (2) M D Sch,esinger and Hyman Schuitz. U.S. Bur. Mines Rep. lmai.U». .1 •-"»'"'suits with results obtained on the same material by other (1972). i >-nni

1608 • ANALYTICAL CHEMISTRY, VOL. 46. NO. 11, SEPTEMBER 1974 $

addition to suitable hot plates. Apparatus requirements are If the sample is high in lipids, even preliminary boiling of! minimal. gram amounts with HNOs under total reflux does not guar-;implc Throughput; Monitoring. The number of sam- antee that the later stages of the oxidation will be smooth.

to which can be wet-ashed simultaneously depends prin- Lipids are not completely oxidized by boiling with HNO:i,tipally on the hot plate area available. The Thermolyne yet react exothermally with concentrated HClOj. Thus, the.U 'el 9425 can accommodate five 250-ml volumetric CNP and DNP procedures would be hazardous with gramin s; the Thermolyne Model 2200 can accommodate amounts of high-lipid materials. However, such materialswenty. The operator's attention to the digestion process is can be digested safely by first degrading the lipids (as wellrequired only for transferring flasks and for observing the as other components) to smaller molecular species by heat-il of the digestion. As the color of each solution on the ing them with concentrated HgSO^ alone. Subsequent ad-Jj hot plate turns from green to orange, the operator dition of HNOs and HClOj (i.e., the SNP procedure) gives•bould remove the flask from the hot plate in order to min- a perfectly smooth oxidation.

c the risk of losing mercury. All of the several hundred digestions performed by the.fcfy. An explosion may result if hot, concentrated CNP, DNP, or SNP methods have gone smoothly.3,i is allowed to come into contact with easily oxidized

•abilances. Analysts usually deal with this hazard by first Ar-wwnwr •CT\I MI?KITwling the; sample with concentrated HNO:) or a mixture of ACKNUWbbLK.MliJN iH );i and UC1O4. This treatment is adequate for samples The author is grateful to J. F. Emery for performing theid in lipids, provided that sufficient HNO;j (e.g., 15 ml neutron activation analyses given in Table II, and to J. A.H.NOa for 0-5 grams of wet tissue) is used, and provided Carter for performing the mass spectrometric analysesi • the- HNOa remains in the system until all of the easily quoted in the same table.A i/t'd material has been oxidized. This can be assured by•iL. refluxing of the HNOa; if a beaker and a smooth RECEIVED for review March 18, 197-4. Accepted May 7,Htchglass are used to wet-ash a large sample, much of the 1974. This research was sponsored by the NSF-RANN pro-H;"0., may escape at the pouring lip of the beaker before gram under NSF Interagency Agreement No. 40-237-70,J: "the t-asily oxidized material has been oxidized. If the and performed at the Oak Ridge National Laboratory, op-sSujK'rature is then raised in the presence of HC10.), an ex- erated by Union Carbide Corporation under contract withVision may occur. the U. S. Atomic Energy Commission.

jf,I

12,3-Phenyloxyamidine—A New Type of Analytical ReagentLlvent Extraction and Spectrophotometric Determination of

Codela Satyanarayana3j rtment ot Chemistry. College ol Science, Raipur (M.P>. India

tojendra K. Mishra7. rlmenl of Chemistry, Ravishankar University, Raipur (M.P). India

p»ring the course of investigations on the development Compared to well known cupferron (7), N-benzoyl-A'-.'j -!\v organic analytical reagents, we are able to intro- phenylhydroxylamine (2-5), and 3-hydroxy-l,3-diphenylit a new type of functional grouping, I, for metal ions. triazine (6), the proposed reagent has a wider scope as anThe parent compound, analytical reagent. By substitution in the phenyl groupI- _x.__., attached to the coordinating nitrogen, certain groups canj I be introduced into the molecule of this organic compound

.^_ with a view to modifying its complexing properties.A method is presented for the Spectrophotometric de-

{ I _ termination of vanadium(V) using 1,2,3-phenyloxyami-l,\ -phenyloxyamidine, possesses several useful proper-lies as an analytical reagent. It is stable and can be readi-x prepared from common laboratory chemicals. The new <i) F. J. Weicher. "Organic Analytical Reagents." Voi ill. D. Van Nos--tj nt has great potentialities for the colorimetric and Lra"d .orTLpan«y-'?c': fw orM ;Y«'J?.4J;f.355,-TJ metric determination of metal ions. Studies carried . J3jSit in these laboratories showed that this is an excellent (4) Usha Priyadarshini'and S. G. Tandon. Chem. Ind. (London), 931? -*5a""nt for the Spectrophotometric determination of vana- (1960).f • J /ci II_I.A n_:8 (V) by solvent extraction and for the gravimetric de- J6j*{ inationof copper(ll) and nickel(II). (1956)

ANALYTICAL CHEMISTRY, VOL. 46. NO. 11. SEPTEMBER 1974 • 1609

EXHIBIT C

Bloom, N. "Determination of Picogram Levels of MethylMercury by Aqueous Phase Ethylation, Followed byCryogenic, Gas Chromatography with Cold Vapour AtomicFluorescence Detection, Can. J. Fish. Aquat. Sci., July1988.

WDCR437/001.50/9

EXHIBIT C

1. General description of analytical service requested:Analysis of fish, soil, waste, macroinvertebrates, andmussels for methyl mercury using a method developed byBloom (Can. J. Fish. Aquat. Sci., Vol. 46: 1131-1140,1989, attached).

2. Definition and number of work units involved: Approxi-mately one hundred-forty (140) samples for methyl merc-ury using a method developed by Bloom (attached). Allsamples will be low level concentration. NBS methylmercury reference material will be analyzed instead ofmatrix spike samples. Unit count includes required dup-licates and NBS methyl mercury reference material.Unit count does not include calibration standards or.laboratory method blanks. Samples will be sent to thelaboratory homogenized and frozen.

3. Estimated date(s) of collection: Soil, waste, macroin-vertebrates, and mussels (approximately 46 total) willbe collected during one sampling event starting approx-imately November 30, 1989. Fish samples will be col-lected during two events, the first starting November30, 1989, and the second starting in May, 1990(approximately 47 samples per event).

4. Approximate number of days results required after labreceipt of samples: Samples must be analyzed within14 days of VTSR. Completed data package required by30 days of receipt of last sample.

5. Analytical protocol required: Analyze all samplesusing a method developed by Bloom. The method isattached. The quantitation limit of the method shouldbe 0.25 ug Hg/g or lower. Analyze one duplicate samplefor every 10 samples. Analyze one NBS methyl mercuryreference sample (replaces the analysis of matrixsamples) for every 10 samples (or per batch per matrixif fewer than 10 samples total) per matrix (i.e., soil,waste, fish, macroinvertebrates, and mussels). Verifycalibration with an independently prepared check stan-dard every 15 samples. Samples will be frozen; allliquids from sample container should be included in theanalysis of the sample.

6. Analytical results required: Information provided inthe data packages should be consistent with that of theCLP. The following information should be provided ^orflDOnni rjall samples, including QC samples and references HnoyU4H«Lsamples. Include all analyst logbook pages, run logs, ^BJ

C-l

raw data including instrument input and written data,calibration data, calculations, data summary sheets,chain-of-custody (including laboratory chronicle formsthat document sample custody within the laboratory),dates of sample analyses, copies of SAS packing lists,and airbills. Individual pages of the data packagemust be numbered. All report forms and data must belabeled with EPA sample number as per chain-of-custodyand CLP forms. Results are to be reported in ug Hg/g.Records of analysis and calculations must be legibleand sufficient to recalculate all concentrations. EPAor NBS QC reference samples, or any other referencesample or initial calibration verification, will beidentified as to source, lot number, and sample number.Corresponding "true" or target values and associated95% confidence limits for analysis results will be pro-vided for all reference samples used.


Precision DesiredParameter Detection Limit (+/- % or cone.)

Methyl mercury 0.25 ug Hg/g +/- 20%(or lower)

8. Quality Control Requirements: Duplicates and NBSmethyl mercury reference standards should be analyzedas stated in the Analytical Protocol Required.

WDCR454/022.50

C-2

Determination of Picogram Levels of Methylmercury by AqueousPhase Ethylation, Followed by Cryogenic Gas Chromatography withj

Cold Vapour Atomic Fluorescence DetectionNicolas Bloom

Battelle, Pacific Northwest Laboratories, Marine Research Laboratory, 439 West Sequim Bay Road, Sequim, W\ 98382

Bloom, N. 1989. Determination of picogram levels of methyl mercury by aqueous phase ethylation, followed bycryogenic gas chromatography with cold vapour atomic fluorescence detection. Can. J. Fish. Aquat.Sci. 46: 1131-1140.

A technique is presented, which allows the rapid and precise determination of methylmercury in aqueous sam-ples. The sample is first reacted with sodium tetraethylborate, to convert the nonvolatile monomethyl mercuryto gaseous methylethy I mercury. The volatile adduct is then purged from solution, and recollected on a graphiticcarbon column at room temperature. The methylethylmercury is then thermally desorbed from the column, andanalyzed by cryogenic gas chromatography with cold vapour atomic fluorescence detection. The method allowsthe simultaneous determination of labile Hg(ll) species, through the formation of diethylmercury,'and ofdimethylmercury, which is not ethylated. The methylmercury detection limit is about 0.6 pg Hg, or 0.003 ng-L"'for a 200-mL sample. The technique has been successfully applied directly to a wide variety of freshwater samplesand alkaline tissue digestates. Seawater is analyzed following a simple extraction step to separate the methyl-

r mercury from the interfering chloride matrix. Analyses of natural surface waters have shown methylmercury levelstypically in the range of 0.02-0.10 ng-L~', with values as high as 0.64 ng-L"1 in a polluted urban lake. Waterscollected from the anoxic bottom waters of a stratified remote lake have shown methylmercury levels as high as4 ng-L-1 as Hg.La technique pr£sent£e permet le dosage rapide et precis du methylmercure dans I'eau. On fait d'abord r£agirI'e'chantillon avec du tetraethylborate de sodium, afin de convertir le monomethylmercure non volatile en m6thyl-ethylmercure gazeux. La solution est ensuite purgee du produit volatile, qui est recupere a temperature normalesur colonne au graphite. Le m£thylethylmercure est ensuite desorbe' par chauffage, puis analyst par chromato-graphie cryogenique en phase gazeuse avec fluorodetection des vapeurs froides. La methode permet de dosersimultane:ment les especes labile de Hg(ll) par la formation de methylmercure, et du dim6thylmercure, qui n'estpas ethyle. La limite de detection du methylmercure se situe a 0,6 pg de Hg, ou 0,003 ng-L~' pour un e"chantillonde 200 mL. On a applique cette technique avec succes a une grande variety d'6chantillons d'eau et de digestatsde tissus alkalins. L'eau de mer fait d'abord I'objet d'une extraction simple du methylmercure de la matrice dechlore. L'analyse des eaux de surface reVele generalement des concentrations de mercure de I'ordre de 0,02 h0,10 ng-L~', et des extremes de 0,64 ng/Ldans un lac urbain pollue. Les eaux de fond anoxiques d'un lac stratifieeloigne contenaient jusqu'5 4 ng-L~' de Hg.Received October 4, 1988 Rec,u le 4 octobre 7988Accepted March 9, 1989 Accepte le 9 mars 1989(J9899)

A Ithough many lines of evidence support the conclusion such as resins (Robertson et al. 1987), solvents (Chiba et al./A that methylmercury is cycling through the biosphere, and 1983; Robertson et al. 1987; Paudyn and Van Loon 1986), or/mmay be disproportionately important in the overall global sulfurated adsorbents (Lee 1987). When extracted onto a solidmercury cycle (Ballantine and Zoller 1984; Craig and Morton support, the methylmercury is then eluted and back-extracted1983; Jernelov 1970; Topping and Davies 1981; Westoo 1967) into a solvent, prior to analysis by gas chromatography.no adequate method has yet been introduced for the rapid, pre- Although each differs in detail, these methods all suffer fromcise, and accurate determination of this species in ambient common drawbacks: (1) large samples are required, leading toaqueous media. Solvent extraction, followed by chromatogra- cumbersome procedures and long processing time, (2) the over-phy has long been applied to the determination of mono- all extraction yield of the process is often uncomfortably lowmethylmercury in tissues and sediments, where the observed (50-80%), and (3) dimethylmercury, if it is present, is notlevels are in the parts-per-million range (Craig and Morton detected as a separate species thus confusing our understanding1983; Westoo 1967; O'reilly 1982; Holak 1982). Attempts to of the methylmercury cycle.directly apply these technologies to the analysis of very large In this paper, a novel method for the rieBrtQifiitftrJp

, water samples have proved to be cumbersome, and to provide ylmerury in water is presented, which upcesstutty acbarely adequate detection limits for the accurate study of the the above drawbacks, while simultaneously providing a ienvironmental methylmercury cycle. These methods employ a tion limit of 0.003 ng-L~' for a 200-mL sample. Thisvariety of means of extraction from a large volume of water, ficient to accurately measure methylmercury in most ambient

Can. J. Fish. Aquat. Sci.. Vol. 46. 1989 1131

waters, including precipitation and remote lakes. The method requiring mobility are made with 3.2 mm outside diameterreported applies an aqueous phase reaction which converts ionic Teflon FEP tubing, because of its greater degree of flexibility.mercury species to then; volatile ethyl analogs (Rapsomanikis All Teflon components are cleaned in hot concentrated HN03:t al. 1985). In this process, aqueous tetraethylborate anion prior to use.•eacts with labile HgX2 species to form diethylmercury, andwith labile CH3HgX species to form methylethylmercury. Ele- Purge Vesselmental mercury and dimethylmercury, being honionic do not ^ vesse, / constructed from a .^ standard ttreact with the tetraethylborate anion, and so also may be spe- 24 4Q £, 6 d Erf fl k wkh ia] cifically determined. The volatile species are purged from sqlu- va]ve f p ; Pmbe cap-assembly (Laboratory Data Controluon onto a graphitic carbon trap, and then analyzed using cry- ^^ faf assembl &ll s the wate/sampie to reactogenic gas chromatography with a highly sensitive cod vapour ^^ ' & Q± J ^^ y-JJ thgn tQatomic fluorescence detector (Bloom and Fitzgerald 1988). be pur ed Qnto thg appin°col wd fmally to be bypassed,

. so that water vapour adsorbed onto the column may be evap-Lxpenmental Materials orated by the direct flow of dry carrier gas.

Cold Vapour Atomic Fluorescence Detector Carbotrap ColumnsThe CVAFS (cold vapour atomic fluorescence detector), Columns for the pretrapping of purged organomercury spe-

described in detail by Bloom and Fitzgerald (1988), is built cies are constructed from 6. 4 mm outside diameter X 4.0 insidefrom readily available components. The excitation source is a diameter silanized borosilicate chromatography tubing. The4-W low-pressure mercury vapour lamp, emitting columns are 15.2 cm long, and packed with 7.6 cm of 20/40predominantly at 254 nm (Ultra-Violet products, UVG- 1 1 ), and mesh Carbotrap (graphitized carbon black. Supelco 2-0827),the detector is a UV-Visible general purpose photomultiplier held in place with silanized glass wool plugs (Bloom and Fitz-(Oriel 77340) shielded from stray light with a 253.7-nm gera]d jQgg).interference filter (Oriel 56400). Atomic fluorescence ismonitored at 90° to the direction of the excitation beam, through Gasesa 10-mm square quartz fluorescence cell (NSG Precision Cells501F). Helium is laboratory grade (Airco), further purified to <1

ppm 02 with a high-temperature gas purifier (Supelco 2-3802).Cryogenic Gas Chromatograph ^ §as '? *?? P f1 ou a g°ld-coated sand <Fitz-gerald and Gill 1979) to remove mercury pnor to use. NitrogenThe cryogenic GC (gas chromatograph) column is con- and air are laboratory grade, passed first through activated car-ured as a U-tube within a sealed glass sheath (Bloom and bon, then through gold-coated sand prior to use.

Fitzgerald 1988), which serves to moderate the rate of heattransfer when the column is warmed during elution. The col- Waterumn, 80 cm in total length, is constructed from 6.4 mm outside A „ . . . . , ,., . , . ,diameter x 4 mm inside diameter borosilicate glass chroma- Ml nnsmS containers and aqueous dilutions are made withtography tubing. The sheath, also of borosilicate glass, is 2.5 *? water that has been running for at least 1 h before use Thiscm in diameter, and 30 cm long. Prior to packing, the com- water is found to be extremely low, and constant in total mer-pleted column is acid-cleaned and then silanized to deactivate cury (0.3 ng-L '), at least one order of magnitude lower thanthe interior surfaces. The column is packed with 45 cm of pre- ?ur b«st laboratory deionized water. No methylmercury hasconditioned 15% OV-3 on Chromasorb W-AW-DMCS, 60/80 been detec<fd m °"r laboratory taP water> which comes frommesh (Bloom and Fitzgerald 1988; Andraea et al. 1981), held m on"SIte deeP welLin place with silanized glass-wool plugs. Organomercury spe-cies are collected on the column held at - 196°C in liquid nitro- Gas Phase Mercury Standardsgen, under a flow of high purity helium. For analysis, the col- Mercury standards are taken by airtight gas syringe from theumn is placed in a cylindrical oven held at 180°C, and the headspace over the volatile compound of interest (Bloom andoutflowing (40 mL-min"1) carrier gas passed sequentially Fitzgerald 1988; Dumarey et al. 1985). For Hg°, about 5 g ofthrough a 900°C thermal decomposition tube, and the CVAFS the pure liquid is placed in a 250-mL amber glass bottle fitteddetector cell. The decomposition tube consists of an 8-inch with a septum-cap. For dimethylmercury, a 14 mg-L"1 solutionlength of 9.5 mm outside diameter X 6 mm inside diameter is prepared in octanol, and 25 mL placed into the bottle. A 200quartz tubing with the central 7.6 cm packed with quartz wool. mg-L~ ' solution is used for diethylmercury, owing to its lowerThe tube is electrically heated with a winding of 1 8 ga nichrome vapour pressure. The organomercurial standards are calibratedresistance wire. Thermal decomposition is necessary to render daily against Hg°, using the gold-column/CVAFS system (Fitz-all eluted species as Hg°, the only form detectable by CVAFS. gerald and Gill 1979).

* l a]

Fittings and Tubing Methylmercury StandardConnections between components and columns are made Excess of methylmercuric chloridesing 6.4 mm of 9.5 mm outside diameter Teflon FEP tubing, brated with GC grade isopropanol at 20°C, to form a saturatedand Teflon friction-fit or threaded tubing connectors. Friction- solution. A concentrated stock solution, prepared by 1:1000fit sleeves are 3-cm sections cut from unshrunken 6.4 mm or v/v dilution of the above in isopropanol, has been found to9.5 mm inside diameter Teflon TFE heat-shrinkable tubing contain 4.16 mg-L"1 total mercury, and 4.02 mg-L~' nonvol-(Cole-Parmer Inst. Co.). Connections between components atile organic mercury, all of which is assumed to be in the mon-

1132 Can. J. Fish. Aquat. Sci., Vol. 46, 1989

omethyl form. A working standard solution prepared by a nom- Potassium Hydroxide/Methanolinal 1:800 v/v dilution of the above in isopropanol has R de KQH „ (25Q } m dissolved in w hrepeatedly been analyzed and found to contain 5.40 u.g-L ' Hg rf * ^ } final volume of 1 L. The solution is storedas CH3HgCl. This solution has been found to maintain both its ? *eflon ^ • room ture.total mercury concentration, as well as its methylmercury con-centration for over 12 mo when stored in an amber glass bottlewith Teflon cap, at a temperature of 0-5°C. Other Reagents

All acids, bases, and sodium chloride are reagent grade.Sodium Tetraethylborate Solution Methylene chloride, methanol, and isopropanol are all highAn approximately 1% solution of sodium tetraethylborate Purity GC «fade- All are stored in acid-cleaned Teflon FEP

(STREM 11-0575) is freshly prepared every 2-3 d. Since this bottles' or glass bottles Wlth Teflon caPs-reagent is extremely air sensitive, it is not weighed, but rathermeasured by volume. Approximately 0.5 g (c.a. 2 cm3) of the Proceduressolid are quickly removed from the bottle, and added to 50 mLof cold water in a small Teflon FEP bottle. This solution is Methylmercury in Freshwater Samplesstored in the refrigerator except during use. ^^ m Rg j u a schematic diagram of major stepsr ,. . n -, involved in the procedure outlined below. A 100- to 200-mLsodium Acetate Butter water sample .g placed fato a 250-mL purging flask. AcetateTwo moles of reagent grade sodium acetate (272 g) and 2 buffer (200 |iL) is added, bringing the pH to 4.9 ± 0.1. Sodium

mol of Ultrex glacial acetic acid (118 mL) are dissolved in tap tetraethylborate solution (50 |xL) is added, the flask swirled towater to give a final volume of 1 L. This solution is purified of mix, and the 4-way valve-cap inserted. The mixture is allowedtrace mercury by the addition of 5 g of IN HCl-rinsed sulfhy- to react without purging for 20 min, and then is purged withdryl chelating resin (Sumitomo Q-10R) to the bottle, and peri- N, or ah- at a flowrate of 250 mL-rnin"' for 25 min. The purgeod'ic agitation over a span of several days. The solution is then gas outflow is passed through a Carbotrap column to collect thefiltered, and stored in a Teflon FEP bottfe, at room temperature. volatile organomercury compounds. After the sample is purged,

f Clear( FreshV (100 n

i

Bring to pHwith acetalbuffer (200

\ f Organic-rich \ /water J ( Freshwater J (nL) / V ClOOmL) J \

'f

Bring to0.5 %CPwith KCI

F

4.9 Bring to 5e ->. NaB(CHjCfit) (React 151

ppmHjVSO/d.nin)

)

Seawater \ /(100 mL) ) I

~TAcidify topH 1.9 with

HCI (react 2h )

i r

Extract 3 timeswith CH2CI2(lOmLeach)

^

Backextwater byevapora

r

ract intosolventtion

Purge!with N.carbot

5 min.onto•ap column

Fish Tissue \(0.5g> )

^ S'f

Digest with25% KOH/

Methanok10mL)(24h )

\ f

Add 25/zL Aliquot to100 ml water. Neutra-lize with acetic acid.

Themuat 300genie C

il dfcsorption'Contocryo-aCcol.dSmin )

Elute species in rampedheating step-l96°C to*l80°C(l5min)

-lwPass carrier gasthrough thermaldecomposer(9OO°C)

-*•Detect Ion by CVAFS(cold vapor atomicfluorescencespectrometry

-*•Quantification bypeak area andretention time

FIG. 1. Schematic flow diagram showing the principal steps in the determination of mercury speciesby aqueous phase ethylation and cryogenic GC separation. See text for a detailed description of eachstep.

Can. J. Fish. Aquat. Sci., Vol. 46. 1989 1133

1000

750

„•il

500

250

(a)1000

750

500

D•5

250

(b)

r»0)

I

0 5 10 15 0 5 10 15Retention Time, min Retention Time, min

FIG. 2. Typical chromatograms ot organomercury species obtained by aqueous phase ethylation. (a) tap-water sample containing spikes of 454pg Hg as (CH3),Hg (6.00 min peak), 429 pg Hg as CH3HgCl (7.03 min peak; methylethylmercury), and 400 pg Hg as HgClz (8.10 min peak;diethylmercury). Peak at 3.87 min is residual Hg°. (b) Fish tissue digestate, equivalent to about 1 mg Catostomus commersoni, spiked with 413

I , pg Hg as (CH3)2Hg) dimethylmercury.

the valve is switched, to pass dry gas over the column for 7 Preextraction of Samples Containing Complexing Agentsj min, to remove residual water condensation from the trap. D .. . , , f ,. ., --,™ , , ,.

The Carbotrap column is then connected in-line with the GC . *J?Jse *«* 'vels °f chlonde (>2°° P!»0 are observed tocolumn, which is held in liquid nitrogen. The Carbotrap column 'nhlb''the ethyiatlf P ess, methylmercury in seawater must

.displaced so that the end facing the bubbler output is now toward fu? ^ extracted from the chlonde-nch matnx, and then be) Mthe GC column input. This avoids passing the organomercurial f^f t0 a freshwater matnx. This is done by extracting a! species down the entire length of the healed Carbotrap column °0-1?L samPle' facid£ied to a PH °f 2~5' W1$ I «>*»*«"*, sa»S3&tt±ssi-3S

and Fitzgerald 19.88). Helium is allowed to flow through the mf a 125'mL Tefl°n bo"le: .and he Surface nnsf 5 cool Carbotrap column for 3 min, at 90 mL-min-, and then °f 7,Wat W"h°Ut shSang'1? rem°Ve reSldU Saltwate5the column is electrically heated with 22 ga nichrome resistance j «> the solvent surface The tap water nnse is removedwire for 10 min at a temperature of 300°C, under continuous by tP,lff«">£• Ab°ut 70 . °,f taP water is then added to thehelium flow methylene chlonde, and the bottle placed in a hot water bathOnce sample desorption is completed, the cooled Carbotrap ? 60°C unt 1 ,°nf the C has boile_c| awa,f MThf water is

.column is removed from the system, and the thermal ^ purged for 10 mn at 25° '^ Wlth N* to removeare turned on. The

s procedure ma ° beused ~ »tot£d meth-;H2), Hg, 8.38 ± 0.17 min (Fig. 2). Elemental mercury

is present both as a residual from the heating of the column, "J"c *"<*?.J, " , a 7"u""" WUUUJ""6 ?™ ^ «"» ™and as a potential breakdown product of the organomercurials, ",CI ad^?™° f *e sample and allowed to equi-and hence should be minimal. Hg' present in the aqueous llbrate for 2^ h" SamPle 1S *« extracted M above'sample passes through the Carbotrap column during the — . _ . , . c & ~.purging/drying steps and may be collected on a back-up gold Dlgestlon Procedure for Soft Tissuestrap. Methylethylmercury is the ethyl derivative of Approximately 1.0 g of homogenized wet tis „ „_.mbnomethylrnercury, and diethylmercury is the ethyl derivative of pulverized freeze-dried tissue is accurately \veighe3 mto' a-of inorganic labile mercuric species. Dimethylmercury is 22-mL Teflon vial (Savillex 0275), and 10.0 mL of 25% KOH7(purged and detected unchanged by this method. methanol solution are added. The vial is vigorously shaken and

Small samples, such as tissue digests, pore water, etc., may the tissue is allowed to digest at room temperature for 24-48be analyzed by dilution with tap water, and analysis as above. h, or is placed in an ultrasonic bath for 1 h. The digest is thenA smaller (25 mL) bubbler is used in these cases, and the purge diluted to 20.0 mL with methanol. To analyze, 50 |xL of thetime reduced to 10 min. extract are added to 100 mL of tap water, and neutralized with

Can. J. Fish. Aquat. Sci., Vol. 46, 1989

0 2 4 6 8 10 0 5 10 15 20 25Final Tetraethylborate Concentration, mg • L~" Bubbling Time. min.

FIG. 3. Optimization of ethylation parameters, (a) Effect of pH. (b) Effect of ethylation time beforebubbling, (c) Effect of sodium tetraethylborate concentrations in reaction flask, (d) Effect of bubblingtime. Line at 54.7 ng recovery indicates spike addition (expected yield). Error bars represent the standarddeviation of 9 to 11 replicates.

50 nL 2.0 M acetic acid. After the addition of 200 \iL of acetate while holding all others at their optima was repeated to generatebuffer, the sample is analyzed as for a freshwater sample. the data illustrated in Fig. 3a-d. For all of these determinations,

100 mL of tap water, spiked to contain 0.54 ng-L"1 Hg asResults and Discussion monomethylmercury was used as the test solution.

As can be seen in Fig. 3a, the pH of ethylation was a criticalOptimization of Ethylation Parameters parameter, showing a broad optimum in the range of 4-7, and

_. .,. . „„,, . , . J , , tailing off dramatically at both extremes. The yield diminishes_ Rapsomanikis et al. (1985) in their study of lead ethylation at low H because of id destruction of me ethylating agentjudged the following parameters as most important to optimize: b H+ while at w h H the IQSS -n idd ^ be6causedpH purge time and flow and amount of reagent. While these b .^^ f ethylation reactio'n _ „ due to theauthors used simplex optimization as a guide, the present work c .- c .- i -u j t LI •wasbaseduponthemoretraditionalsystlmaticapproach, which Ration of unreactive multihydroxyl methylmercury anions.results in a clearer understanding of the importance of each As a matter of convenience, a pH of 4 9 was chosen, as thisfactor, once the data have been collected. After using trial and ^ be obtained using a 1:1 acetic acid/sodium acetate buffer.error to obtain initial parameters which gave a strong signal, Fl8- 3b and 3c show that the ethylation reaction was both veryone parameter was systematically varied while holding the rapid, and required httle reagent. The amountoffeAgsnLchpsea,,others constant. When an optimum was found for that 50 (xL of a 1% solution (5 ppm concentratfcBi tbfel*iniplfe)parameter, it was then held constant at that level while the other was in excess of the minimum necessary, but not so'high astcjparameters were varied in their turn. Once all of the optima lead to interferences in the GC elution, as will be discussedwere located, the process of varying each parameter in its turn, below. A reaction time of 20 min, and purge time of 25 min

Can. J. Fish. Aquat. Sci., Vol. 46, 1989 1135

AR300U73

-FABLE 1. Inter-day system precision for methylmercury determine- ular weight oil fumes, while passing the dialkylmercury speciestions in water (100-mL samples).____________'______ through.NUmber Expected Observed Relative Another destructive interference was noted with the addition

concentration concentration standard of excessive sodium tetraethylborate to the bubbler. At levels(ng-L~') (ng-L~') deviation (%) greater than 50 ppm final concentration (0.5 mL of 1% solution0 <Q0Q6——————~——— per 100 mL of sample), the Carbotrap column was progres-0.06 0.064±0.005 7.8 sively damaged. The result was that the diethylmercury col-

i X3 0.28 0.296 ±0.016 5 A lected was partially decomposed to monoethylmercury during9 0.55 0.549±0.029 5.3 the thermal desorption step. No effect was noted with respect

flO______(1.355)'_____1.355 ±0.053_____3.9 to the methylethylmercury peak, but as a precaution, traps. 'Standards, calibrated as total Hg against gas phase Hg°.————— showij!S g ter than 10% decomposition of the diethyl peak

were discarded. Decomposition was detected by the appearance(of a broad peak at about 12.4 min) retention time, correspond-

;Fig. 3d) gave quantitative results without prolonging the ing to monoethylmercury elution (Bloom and Fitzgerald 1988).I malysis time. The ethylating reagent was also found to contribute a specific

inhibitory interference for dimethylmercury, caused by the! Interferences overlap of the (CH3)2Hg and (C2H5)3B peak elution tunes. The

.. , . . • , , approximately 80% inhibition of the dimethylmercury peak mayA vanety of common chemical species were added to meth- bfeliminate/either by purging me bubbler with air, rather than

ylmercury-spiked tap water (0.54 ng-L ' Hg as CH3HgCl) pnor ^ inert ^ Qr b ' f \ d licatfi of fiach j • to ethylation to determine potential interferences. Common Q adde|eth lation K^ to on] the dimethylmer-1 «* component. The L of air removed the interferencemethylethylmercury) at levels up to at least 5000 ppm. Chlo- be<aufe ox en reactf Wlth ** f borane to form a ess

f -ide, however, was found to strongly interfere, reducing recov- volatile species, which is not coeluted with any of the analyteery to 95% at 200 ppm, and to less than 10% at 5000 ppm. ^ However' b d "P. of nonvolatile boron compounds mayNatural freshwaters, precipitation, and tissue digestates rarely shorten me useful hfe of CarbotraP columns-

. t contain levels of halides found to be strongly inhibitive. Forthe analysis of seawater, however, the methylene chloride Precision, Accuracy, and Detection Limits

' preextraction must be applied to separate the methylmercury Replicate analyses of methylmercury spiked tap water at sev-frorn the bulk of the interfering chlorides. eral concentrations were conducted over a period of several

i mixture of cations containing Fe(IH), Co(II), Cu(H), Pb(II), weeks> thus giving mdication of me inter-day precision of| H), Ni(H), and Mn(II) each at the 1.0 ppm level was found ^ method (Tab,e 1} Within.day relative standard deviations

to be nomnhibitmg to the determination of methylmercury. At were approximately one-half of those reported in Table 1.,the 10 ppm level, a colloidal precipitate of Fe(IIJ) hydroxide Th& detection Hmit of the stem for methylmercury was a

. was observed as well as 50% inhibition of CH3Hg recovery. function of the le siz ^ 0 nt blankJs were otfserved.i Calcium as the nitrate, at a level of 5000 ppm was found to be ^ mstnimental lsleciion limit) times the instnirnental

noninhibiting. Since natural waters rarely contain over a few noi wa§ about Q.6 as H ^ usi a 200. Ief -parts per bilhonof transition metals, cationic interferences are yo, ^ detection Umits for both monomethylmercury and

f ' All soluble organic materials tested, including methanol, iso- mat!on' fd hwas caUy higher than the detection hrru spropanol, ethanol, acetone, methylene chloride, and acetates at?n?1 for *e analo s a"d'ablle ms™? T8,o« 2

1 were found to have no inhibitory effects at levels of up to 1000 £duuctlon **. PP1 on gold (Bloom _andCrecelius 1983)..mg-L-1. A dramatic reduction in yield was observed with sev- With a detection limit of about 0.2 ng-L (3 a of the reagent

\ -eral organic rich surface and bottom waters collected during the blank>- however, it was still feasible to use this method to col-1 summer algal bloom at Little Rock Lake (Wisconsin). In these lect simultaneous values for methylmercury and inorganic mer-cases typically 30-40% of the total methylmercury added as a cury- Work « under wayto devise methods to further clean up

f field spike was recoverable by the direct ethylation procedure. the system' and Purify sodium tetraethylborate solution ofI This was thought to result from organic complexation, because inorganic mercury contamination.1 -repeated reethylation of the sample continued to result in addi- No independent venfication of the system accuracy on low-, tional recovery of the spike. Application of methylene chloride level aqueous samples was performed, due to the lack of both' extraction following the addition of KC1/HC1 resulted in 90- certified standards, and of other laboratories capable of making100% methylmercury recoveries for these waters. such measurements. However, for inorganic mercury, thereA serious interference was noted when polluted lake water, exists a high-level aqueous standard, NBS-1641b, which was

, clearly containing heavy industrial oils, was run directly through analyzed both by traditional SnCl2 reduction, and as the diethylthe ethylation process. In this case, the sensitivity of the OV-3 peak using the methods described here (Table 2). For mono-

in was rapidly destroyed, necessitating the construction of methylmercury, digestions of NBS-50 albacore tuna (Thunnus• analytical column. This problem was overcome by pass- alalunga) were used, showing the determination of tfttEtStaQ Q 4 / H

Fthe gas stream from the bubbler through a 1.0-cm dispos- Hg, by hot acid digestion and SnCl2 reduction, ancrlnethyl-- - - - -able trap packed with 60/80 mesh 15% OV-3 on Chromosorb mercury by the methods of this paper. Dimethymiercury recov-W-AW DMCS. This column effectively trapped the high molec- ery could only be assessed by spiking samples with a solution

H36 Can. J. Fish. Aquat. Sci., Vol. 46, 1989

TABLE 2. Analysis of standard materials for mercury speciation.Observed mercury concentrations

Material________Total Hg'_____Hg (H)"_______CH3Hg" (CH3)2HgbN B S - 1 6 4 1 6 L 4 0 L 2 4 <0.003 <0.003Aqueous Hg(H) 1.34 1.46 <0.003 <0.003(jig-mL~') 1.42 1.20 <0.003 <0.003X 1.39 ±0.04 1.30 ±0.14 <0.003 <0.003Certified0 1.52 ±0.02 — — —NBS-50 0.913 <0.04 0.896 <0.005Albacoretuna 0.801 <0.04 0.803 <0.005(jig-g-'dry wt.) 0.846 <0.04 0.853 <0.005

0.870 — — —X 0.858 ±0.047 <0.04 0.851 ±0.047 <0.005Expected"_________0.95±0.10 —________(0.76-0.86)_____—'BrCl oxidation (Bloom and Crecelius 1983).bEthylation procedure.'Long experience at this laboratory, using three different techniques, three analysts, and six instru-

ments yields a value of 1.38±0.12 (ig-mL"1."This, standard research material has never been certified.

TABLE 3. Extraction efficiency of CH3HgCl from 3.0% NaCl solution as a function of pH and numberof methylene chloride extractions. Each sample contained a spike of 152 pg CH3HgCl in 100 mL ofsolution._______________________________________________

Number of 10-mL CH2C12 extractions

Sample pH_____1_________2_________3______K = ([CH3Hg]Solv/[CH3Hg]1<1)L 9 1 0 5 ± 4 p g 140±8 pg 152±5pg 22.1 ±0.8

(68.8±2.5%) (92.1 ±5.4%) (100.1 ±3.5%)4.9 102±3pg 136±19pg 152±6pg 20.3±0.6

(67.1 ±2.0%) (89.4±11.1%) (100.0±6.1%)7.5 29±lpg 51±4pg 75±8pg 1.4±0.1

________(19.1 ±0.8%) (33.8±2.6%) (49.6±2.0%)____________________

TABLE 4. Extraction of unfiltered acidified seawater with 2 x 10 mL CH2C12, followed by analysisfor methylmercury by ethylation and cryogenic GC/CVAFS. Spiked samples contained 0.304 ng-L"1

CH3HgCl added.Replicate extractions, ng-L"1 CH3HgCl

Sample No. 1 No. 2 No. 3100 mL Sequim Bay water (SBW) 0.061 0.054 0.061 0.059 0.004

Blank (reextract of above) 0.039 0.044 0.042 0.041 0.003Net (SBW) (minus mean blank) 0.019 0.012 0.019 0.017 0.004

100 mL SBW plus 30.4 pg as Hg CH3HgCl 0.340 0.312 0.371 0.341 0.030______Net spike recovery_________0.281 0.253 0.312 0.282 0.030

of (CH3)2Hg, which was previously analyzed for total Hg. This at room temperature, under fluorescent lighting, showed anis discussed below under the heading fish tissues. approximately 20% decrease in the CH3HgCl over 1 mo,

although no change was evident in the first 2 wk. Samples storedStorage Experiments at room temperature after acidification with 0.1% HC1 showedShort-term storage experiments were conducted at methyl- a raPid \oss T°Tf methylmercury, with >80% being lost by the

mercury levels of 0.057 ng-L- Hg and 0.128 ng-L- Hg for ?econd d^-Until further more comprehensive long-term stud-several storage conditions. The 100-mL aliquots of spiked tap 'es «? conducted, it is recommended that unacidified sampleswater were stored in identically treated sets of 12 125-mL acid- be Quick-frozen for long-term storage.cleaned Teflon bottles, and individual bottles randomly selected _ . fi, , , ,. PHu3UU'4/bfor analysis over a period of 1 mo. Two bottles were analyzed Extractlon of Methylmercury from Seawaftfr , . . ,at each time interval. These experiments showed all aliquots to The extraction of efficiency of monomethylmercury from abe within ± 10% of the initial concentration over the entire 3% sodium chloride solution was examined, as a functionmonth for the following two conditions: (1) quick-freezing in pH, using methylene chloride as the organic phase (Tableliquid nitrogen, followed by storage at - 80°C (Crecelius et al. In all determinations, 100 mL of solution, spiked to conta1986), and, (2) storage at 0-4°C, in the dark. Samples stored 1.52 ng-L"1 Hg as CH3HgCl, was extracted with 10-mL ali-

Can. J. Fish. Aquat. Sci., Vol. 46. 1989 1137

TABLE 5. Recovery of mercury species spiked into 1.0-g aliquots of freshwater white sucker (Casto-stomus commersoni) tissue prior to KOH/methanol digestion and analysis by ethylation/GC.

Unspiked tissue Spiked tissue, net values(as Hg, ng-g'1, wet wt.) (as Hg, ng-g~', wet wt.)

Replicate CH3Hg Hg(II) (CH3)2Hg CH3Hg Hg(II) (CH3)2HgI 250 <4~S <22 359 205 3032 257 <4.5 <2.2 495 247 3013 241 <4.5 <2.2 371 209 3214 232 <4.5 <2.2 453 — —5 216 <4.5 <2.2 449 — —6 245 <4.5 <2.4 336 — —X 240 <4.5 <2.4 410 220 308o- 14 — — 64 23 11

Spike (ng) — — — 401 260 316% Recovery — — — 102.4 84.6 97.5

TABLE 6. Methylmercury and total mercury contents of various freshwater and marine fish.Mercury concentrations

(jig-g-' wet wt.)Methylmercury

Fish species Replicates Methylmercury Total mercuryChinook salmon

(Oncorhynchus tshawytscha) 5 0.0418 ±0.0042 0.0430 ±0.0031 97.2Pacific halibut

(Hippoglossus stenolepis) 4 0.0555*0.0080 0.0653±0.0018 85.0Yellow perch(Percaflavescens) 3 0.526±0.070 0.568 ±0.026 92.3White sucker

(Catostomus commersoni) 3 0.249±0.008 0.231 ±0.015 107.8Northern pike

_____(Esox lucius)_______3 1.762 ±0.072 1.661 ±0.043____106.1

TABLE 7. Observations of mercury speciation in unfiltered natural waters collected in 1988. No dimeth-_______________ylmercury was observed in any sample.________________

Mercury concentrations (ng-L"' as Hg)

Water type Location Date Total Labile Monomethyl N

Oligotrophic (surface) Lake Crescent, WA 3/16/88 0.163 0.170 <0.004 3Mesotrophic (surface) Lake Union, WA 2/25/88 1.69 0.072 0.039 4Eutrophic (surface) Onadaga, NY 2/28/88 10.68 0.523 0.636 2Seawater (surface) Sequim Bay, WA 5/2/88 0.357 0.089 0.016 3

Artesian well Sequim, WA 6/29/88 0.289 0.183 <0.002 2Stratified (surface) Little Rock, WI 9/10/88 1.06 0.03 0.125* 2Stratified (bottom) Little Rock, WI 9/10/88 10.58 1.38 3.96* 2These values were obtained following CH2C12 extraction from samples treated with KC1/HC1. Val-

ues obtained by direct ethylation of the organic-rich waters were 0.041 ng-L"1 Hg (surface) and 1.21ng-L-'Hg (depth).

quots of methylene chloride. Results are the mean and standard 7.4. This is in accord with the observations of others (Robertsondeviation of triplicate analyses. Using the data for the single et al. 1987), and makes it clear that a sample containing meth-extractions of the samples, the distribution coefficient, K = ylmercuric chloride must be acidic to allow quantitative extrac-;CH3HgCl]50lv/[CH3HgCl] was calculated. These values are tion into an organic solvent. It is also clear that strong acidi-important for determining the amount of solvent (Vwlv) needed fication is not necessary for good yield, the distributionto effectively extract other volumes of sample (Vag), which may coefficients in this case being almost identical between pH 2be determined by calculating the extraction efficiency (E): ^ pH 5. S|nce dimethylmercury is converted to mono-

g methylmercury in the extraction procedure, untreated samples'= K -t- (V iv—V ' must be separately purged onto Carbotrap for the determmanon'

1 * solv) of (CH3)2Hg in seawater.He distribution coefficient was observed to decrease with For the extraction of seawater, the working conditions were

increasing pH, from 22.1 at pH = 1.9 to only 2.4 at a pH of chosen to be acidification to pH = 1.9 (1.0 mL 12.7 N HC1

1138 Can. J. Fish. Aquat. Sci., Vol. 46, 1989

per litre of sample), followed by three consecutive 10-mL observed through the summer of 1989, indicating a sedimentextractions with CH:C12. Table 4 illustrates the results of this source for methylmercury to the water column of this lake.procedure on spiked unfiltered water taken by hand-dipping Some representative data from this system are presented infrom Sequim Bay, WA. This water was found to contain 0.357 Table 7, although the complete data set will be the subject ofng-L"1 total mercury, and 0.089 ng-L"1 "acid labile" mer- a future publication. Precipitation samples have been found tocury. The salinity was about 30%o. The blanks were determined contain significant levels of monomethylmercury oftenby again subjecting the previously extracted sample to exactly approaching 5% of the total mercury content of the samplethe same reagents and procedures. As can be seen, there was (Bloom and Watras 1989). No dimethylmercury was observeda small reagent blank of 0.042 ± 0.003 ng-L"1 Hg methyl- in any water sample collected for this study, although a deep,mercury associated with the procedure. The source of this con- anoxic water sample collected 1 yr earlier from Onadaga Laketamination was traced to the methylene chloride. The contain- did show dimethylmercury at a level of 0.41 ng-L"1.ination could be reduced significantly by preextracting thesolvent with 1.0 N NaOH in deionized water. The seawater Conclusionssamples were spiked with 0.32 ng-L"1 methylmercury to givea more realistic test of the procedure at low concentrations. These results are an important positive proof of the ubiquityWhen the small (0.016 ng-L" ') level of methylmercury already of methylmercury cycling in the environment, and indicate thatpresent in the water was considered, the recovery of the spike the methods described in this paper are adequate for detailedwas observed to be 93.4 ± 9.4%. quantitative studies of these processes. Studies are under way

to assess the role of the methylmercury cycle within the overallFish Tissues global mercury cycle. The results should help clarify the roleMercury speciation was analyzed from spiked and unspiked P|aved *>? acid JV enhancement of methylmercury

frozen samples of white sucker (Catostomus commersoni) col- bioaccumulation by freshwater fish.lected from a small midwestem lake (Table 5). The yields forboth monomethylmercury and dimethylmercury on these sam- Acknowledgementspies wete close to 100%, while that for Hg(II) was lower, about85%. Dimethylmercury recoveries reported were assessed by The results presented mUiis paper were obtained duririg work fundedc.n*nt» onoKre-e nf . ri, i f A rn,,n* ~f «<4, f c, A~ ty the E ectnc Power Institute, under contract No. 25120-11 173, andseparate analysis of a nonethylated aliquot of fish tissue diges- J ^ (California) under contract No. 25120-05850. Specialtate diluted in 100 mL of tap water. Results of recoveries i from ^ to AU ^ A Bioom for his efforts in catchi m of ^the ethylation procedure, using air purging to eliminate the tn- used for development of analytical methods.ethylborane inMinsn were similar, although the variability wasa factor of five greater. References

Since each spike was added to a separate sample, an assess-ment of species interconversion was possible. In no case was ANDRAEA, M. O., J. F. ASMONDE, P. FOSTER, ANDL. VAN'TDACK. 1981. Deter-any spike observed to result in the recovery of any species Other mination of antimony (III), antimony (V), and methylantimony species inthan that which was added. The low yield for Hg(II) resulted na!ura! WiUers bv alomic o on spectrometry with hydride generation.from the partial conversion of the ionic form to Hg°, which was EM sf . H'ZOLLER. 1984. Collection and determinationnot retained by the Carbotrap, but was collected On a back-up Of volatile organic mercury compounds in the atmosphere by gas chro-gold trap. The higher variability of the monomethylmercury matography with microwave plasma detection. Anal. Chem. 56: 1288-yield was attributable to the difficulty in pipetting the small !293-volumes of organic-based sample extract necessary to keep the *»%£ Z g ^ ^ ST* * ~system on scale. ^ _ BLOOM, N.S., AND W.F. FITZGERALD. 1988. Determination of volatile mercury

The digestion procedure outlined was applied to Several spe- species at the picogram level by low temperature gas chromatography with' cies of fresh and saltwater fish (Table 6). In addition to mercury cold-vapor atomic fluorescence detection. Anal. Chim, Acta. 209: 151-speciation analysis, total Hg analysis by hot concentrated HNO, 16L _ _ . ... .„ _. . ,j- .• r 11 j t. o £1 j *• j u *— • BLOOM, N. S., AND C. J. WATRAS. 1989. Observations of methylmercury indigestion, followed by SnCl2 reduction and gold trapping was p p on. Sci. Total Environ, (in press)employed. These results indicated that almost all of the mercury CMBA, K., K. YOSHTOA, K. TANABE, H. HARAOUCHI, AND K. FUWA. 1983.observed in these tissues was in the form of monomethylmer- Determination of alkylmercury in seawater at the nanogram per litre levelcury, with undetectable levels of either labile inorganic or dime- by S** chromatography/atmospheric pressure helium microwave inducedthylmercury. The exception was halibut (Hipoglossus stenole- c A S ^ ^pis) which was observed to contain only 86% of its total as sulphide fa rivcr barron sediments. Mar. Pollut. Bull. 14: 408-41 1.monomethylmercury, the rest being labile Hg(II) species. CRECELIUS, E. A., N. S. BLOOM, C. E. COWAN, AND E. A. JENNE. 1986.

Speciation of selenium and arsenic in natural waters and sediments, Vol.Analvsis of Environmental Waters 2- ^ EA-4641 . Electric Power Research Institute, Palo Alto, CA.Analysis or environmental waters DUMAREY, R., E. TEMMERMAN, R. DAMS, AND J. HOSTE. 1985. The accuracyNaturally occurring waters from a variety of sources were of the vapour-injected calibration method for the determination of mercury

analyzed to assess the adequacy of the methods and detection & *a ,«ldJT)lir at0mi° absorbtion sPectrometry- A"*1-i- -i c i- L f ij/*r ui -is »» . -_r Chun. Acta. 170: 337-340.limits for application in the field (Table 7). Most surface waters . Frr2GERALD, w. F., AND G. A. GILL. 1979. Subnanogram determination ofinvestigated were found to contain low levels of monomethylmercury by two-stage gold amalgamation and gas-phase dftecjiotuinnlied _mercury, with the highest levels (0.64 ng-L~ ') being observed to atmospheric analysis. Anal. Chem. 51: 1714-1720fl 7\ J JJ U 4in the surface waters of a mercury and organic waste polluted HOLAK, W. 1982. Determination of methylmercury in fish by high performanceurban lake (Onadaga Lake, Syracuse, NY). Dramatic elevations jjj jTSK±.1fflS from sediments with layersOt methylmercury concentrations in the anoxic bottom waters containing inorganic mercury at different depths. Limnol. Oceanogr. 15:of a stratified seepage lake (Little Rock Lake, WI)-were 958-960.

Can. J. Fish. Aquat. Set.. Vol. 46, 1989 1 139

LEE, Y. H. 1987. Determination of methyl- and ethylmercury in natural waters spectrometry, after ethylation with sodium tetraethylborate. Anal. Chem.at sub-nanogram per liter using SCF-adsorbent preconcentration proce- 58: 35-38.dure. Intern. J. Environ. Anal. Chem. 29: 263-276. ROBERTSON, D. E., D. S. SKALREW, K. B. OLSEN, N. S. BLOOM, E. A. CRE-

O'REILLY. J. E. 1982. Gas chrornatographic determination of methyl and ethyl c s, AND C. W. Am. 1987. Measurement of bioavailable mercury2 433 4? SIVaU°n chromatographic column. J. Chromatogr. spedes fteshwater sediments. EPR1 EA-5197. Electric Power

PAUDYN,'A.,ANDJ.C. VAN LOON. 1986. Determination of organic forms of T Research Institute, Palo Alto, CA.mercury and arsenic in water and atmospheric samples by gas chroma-. TOPPING, G., AND I. M.DAVIES. 1981. Methylmercury producuon in the marinetography-atomic absorbtion, Frcs Z. Chem. 325: 369-376. w»er column. Nature (Lond.) 290: 243-245.

RAPSOMANIKIS, S., 0. X. F. DONARD, AND J. H. WEBER. 1985. Speciation of WESTOO, G. 1967. Determination of methylmercury compounds in foodstuffs.lead and methyllcad ions in water chromatography/atorriic absorbtion Acta Chem. Scand. 21: 1790-1800.

i

AR300ii78

114° Can. J. Fish. Aquat. Sci., Vol. 46,1989

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The technical proposal will be evaluated based on the fol-lowing criteria:

o Personnel qualifications (25 percent)

o Specific personnel project experience (20 percent)

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o Cost (15 percent)

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o Quality of the submitted proposal including theadequacy, relevancy, presentation, and organiza-tion of the document (5 percent)

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WDCR437/055.50

RR300U79

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2. WOMEN-OWNED SMALL BUSINESS REPRESENTATION (FAR 52.219-3)DEVIATIONT

(a) Representation: The offeror represents that it [ ] is, [ ]is not a women-owned small business concern.

(b) Definitions: "Small business concern" as used in thisprovision, means a concern, including its affiliates, that isindependently owned and operated, not dominant in the field

AR300WWDC63107.FI.FO OCT ~18, 198900310SF02/2 1


of operation in which it is bidding on contracts, andqualified as a small business under the criteria and sizestandards in 13 CFR 121.

"Women-owned," as used in this provision, means a smallbusiness that is at least 51 percent owned by a woman orwomen who are U.S. citizens and who also control and operatethe business.

3. CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 5.222-21MDEVIATION)————————

(a) "Segregated facilities," as used in this provision, means anywaiting rooms, work areas, restrooms and washrooms,restaurants and other eating areas, time clocks, lockerrooms, and other storage or dressing areas, parking lots,drinking fountains, recreation or entertainment areas,transportation, and housing facilities provided for[employees, that are segregated by explicit directive or are,in fact, segregated on the basis of race, color, religion, ornational origin because of habit, local custom, or otherwise.

(b) By the submission of this offer, the offeror certifies thatit does not, and will not, maintain or provide for itsemployees any segregated facilities at any of itsestablishments, and that it does not and will not permit itsemployees to perform their services at any location under itscontrol where segregated facilities are maintained. Theofferor agrees that a breach of this certification is a

' violation of the Equal Opportunity clause in the subcontract.

(c) The offeror further agrees that (except where it has obtainedidentical certifications from proposed subcontractors forspecific time periods) it will -

(1) Obtain identical certifications from proposed\ subcontractors before the award of subcontracts under'. ' which the subcontractor will be subject to the Equal

Opportunity clause.

(2) Retain the certifications in the files; and

, (3) Forward the following notice to the proposed/ subcontractors (except if the proposed subcontractors

have submitted identical certifications for specific timeperiods):

NOTICE OF PROSPECTIVE SUBCONTRACTORS OR REQUIREMENTS FORCERTIFICATIONS OF NONSEGREGATED FACILITIES

l"

1 A Certification of Nonsegregated Facilities must be submitted beforethe award of a sub-subcontract under which the sub-subcontractor

AR300U82WDC63107.FI.FO OCT ~1~8/ 198900310SF02/2 2


will be subject to the Equal Opportunity clause. The certificationmay be submitted either for each sub-subcontract or for allsub-subcontracts during a period (i.e. quarterly, semi-annually, orannually)

NOTE: The penalty for making false statements in offers isprescribed in 18 U.S.C. 1001.

4. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22)(DEVIATION)

The offeror represents that -

(a) it [ ] has, [ ] has not, participated in a previous contractor subcontract subject either to the Equal Opportunity clauseof this solicitation, the clause originally contained inSection 310 of Executive Order No. 10925, or the clausecontained in Section 201 of Executive Order No. 11114.

(b) it [ ] has, [ ] has not, filed all required compliancereports; and

(c) representations indicating submission of required compliancereports, signed by proposed subcontractors, will be obtainedbefore subcontract awards.

5. SMALL BUSINESS CONCERN REPRESENTATION (FAR 52.219-1)(DEVIATION)

The Offeror represents and certifies as part of its offer that it[ ] is, [ ] is not, a small business concern and that [ ] all,[ j not all, end items to be furnished will be manufactured orproduced by a small business concern in the United States, itsterritories or possessions, Puerto Rico, or the Trust Territory ofthe Pacific Islands. "Small business concern," as used in thisprovision, means a concern, including its affiliates, that isindependently owned and operated, not dominant in the field ofoperation in which it is bidding on Government contracts, andqualified as a small business under the size standards in thissolicitation.

6. CONTINGENT FEE REPRESENTATION AND AGREEMENT (FAR52.203-4) (DEVIATIONT ———————————————

(a) Representation. The Offeror represents that, except forfull-time bonafide employees working solely for the Offeror,the Offeror -

[NOTE: The Offeror must check the appropriate boxes. Forinterpretation of the representation, including the term"bonafide employee," see Subpart 3.4 of the Federal

• Acquisition Regulation.]

WDC63107.FI.FO00310SF02/2 3


(1) [ ] has, [ ] has not, employed or retained any personor company to solicit or obtain this Subcontract: and

(2) [ ] has, [ ] has not, paid or agreed to pay to anyperson or company employed or retained to solicit orobtain this Subcontract any commission, percentage,brokerage, or other fee contingent upon or resulting fromthe award of this Subcontract.

(b) Agreement. The Offeror agrees to provide informationrelating to the above Representation as requested by theContractor (CH2M HILL) and, when subparagraph (a)(l) or(a) (2) is answered affirmatively, to promptly submit to theContractor (CH2MHILL).

(1) A completed Standard Form 119, Statement of Contingent orOther Fees, (SF 119); or

(2) A signed statement indicating that the SF 119 waspreviously submitted to the same contracting office,including the date and applicable solicitation orcontract number, and representing that the prior SF 119applies to this offer or quotation.

7. CLEAN AIR AND WATER CERTIFICATION (FAR 52.223-1) (DEVIATION)

The Subcontractor certifies that -

(a) any facility to be used in the performance of this proposed, Subcontract is ___ , is not ___ , listed on the Environmental, Protection Agency (EPA) List of Violating Facilities;

(b) the Subcontractor will immediately notify the Contractor• (CH2M HILL) before execution of the Subcontract, of theI receipt of any communication from the Administrator, or a

designee, of the Environmental Protection Agency, indicatingt than any facility that the Subcontractor proposes to use for| the performance of the contract is under consideration to be

listed on the EPA List of Violating Facilities; and

I (c) the Subcontractor will include a certification substantially' the same as this certification, including this paragraph (c),

in every nonexempt sub-subcontract.iI 8. PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (FAR 52.220-1)

(DEVIATIONT

j (a) This acquisition is not a set aside for labor surplus area(LSA) concerns. However, the offerer's status as such aconcern may affect (1) entitlement to award in case of tie

| offers or (2) offer evaluation in accordance with the BuyAmerican Act clause of this solicitation. In order to

WDC63107.FI.FO OCT 18, 198900310SF02/2 4


determine whether the offeror is entitled to a preferenceunder (1) or (2) above, the offeror must identify, below, theLSA in which the costs to be incurred on account ofmanufacturing or production (by the offeror or the first-tiersubcontractors) amount to more than 50 percent of theSubcontract price.

(b) Failure to identify the locations as specified above willpreclude consideration of the offeror as an LSA concern. Ifthe offeror is awarded a subcontract as an LSA concern andwould not have otherwise qualified for award, the offerorshall perform the subcontract or cause the subcontract to beperformed in accordance with the obligations of an LSAconcern.

9. CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (FAR 52.223-5)(DEVIATION!(a) Definitions. As used in this provision, "Controlled

substance" means a controlled substance in schedules Ithrough V of section 202 of the Controlled Substances Act (21U.S.C 812) and as further defined in regulation at 2.1 CFR1308.11 — 1308.15.

"Conviction" means a finding of guilt (including a plea ofnolo contendere) or imposition of sentence, or both, by anyjudicial body charged with the responsibility to determineviolations of the Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non-Federalcriminal statute involving the manufacture, distribution,dispensing, possession, or use of any controlled substance.

"Drug-free workplace" means a site for the performance ofwork in connection with a specific contract at whichemployees of the subcontractor are prohibited from engagingin the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance.

"Employee" means an employee of a subcontractor directlyengaged in the performance of work under a Governmentcontract.

"Individual" means an offeror/contractor that has no morethan one employee including the offeror/contractor.

(b) By submission of its offer, the offeror, if other than anindividual, who is making an offer that equals or exceeds$25,000, certifies and agrees, that with respect to allemployees of the offeror to be employed under a subcontractresulting from this solicitation, it will -

WDC63107.FI.FO OCT 18, 198900310SF02/2 5


(1) Publish a statement notifying such employees that theunlawful manufacture, distribution, dispensing,possession, or use of a controlled substance isprohibited in the subcontractor's workplace andspecifying the actions that will be taken againstemployees for violations of such prohibition

(2) Establish a drug-free awareness program to inform suchemployees about -

(i) The dangers of drug abuse in the workplace(ii) The subcontractor's policy of maintaining adrug-free workplace(iii) Any available drug counseling, rehabilitation, andemployee assistance programs(iv) The penalties that may be imposed upon employees fordrug abuse violations occurring in the workplace

(3) Provide all employees engaged in performance of thesubcontract with a copy of the statement required bysubparagraph (b)(l) of this provision

(4) Notify such employees, in the statement required bysubparagraph (b)(l) of this provision, that, as acondition of continued employment on the subcontractresulting from this solicitation, the employee will -

(i) Abide by the terms of the statement; and(ii) Notify the employer of any criminal drug statuteconviction for a violation occurring in the workplace nolater than five (5) days after such conviction

(5) Notify the Contractor (CH2M HILL) within ten (10) daysafter receiving notice under subdivision (b)(4)(ii) ofthis provision, from an employee or otherwise receivingactual notice of such conviction; and

(6) Within 30 days after receiving notice under subdivision(b)(4)(ii) of this provision of a conviction, impose thefollowing sanctions or remedial measures on any employeewho is convicted of drug abuse violations occurring inthe workplace:

(i) Take appropriate personnel action against suchemployee, up to and including termination, or(ii) Require such employee to satisfactorily participatein a drug abuse assistance or rehabilitation programapproved for such purposes by a Federal, State, or localhealth, law enforcement, or other appropriate agency.

AR300U86

WDC63107.FI.FO OCT 18, 198900310SF02/2 6


(7) Make a good faith effort to maintain a drug-freeworkplace through implementation of subparagraphs (b)(l)through (b)(6) of this provision

(c) By submission of its offer, the offeror, if an individual whois making an offer of any dollar value, certifies and agreesthat the offeror will not engage in the unlawful manufacture,distribution, dispensing, possession, or use of a controlledsubstance in the performance of the subcontract resultingfrom this solicitation.

(d) Failure of the offeror to provide the certification requiredby paragraphs (b) or (c) of this provision, renders theofferor unqualified and ineligible for award. (See FAR9.104-l(g) and 19.602-l(a)(2)(i).)

(e) In addition to other remedies available to the Government,the certification in paragraphs (b) and (c) of this provisionconcerns a matter within the jurisdiction of an agency of theUnited States and the making of a false, fictitious, orfraudulent certification may render the maker subject toprosecution under Title 18, United States Code, Section 1001.

10. ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71)(DEVIATION

(a) The Subcontractor warrants that, to the best of theSubcontractor's knowledge and belief, there are no relevantfacts or circumstances which could give rise to anorganizational conflict of interest, as defined in FARSubpart 9.5, or that the Subcontractor has disclosed all suchrelevant information.

(b) The Subcontractor agrees that if an actual or potentialorganizational conflict of interest is discovered afteraward, the Subcontractor will make a full disclosure inwriting to the Contractor (CH2M HILL). This disclosure shallinclude a description of actions which the Subcontractor hastaken or proposes to take, after consultation with theContractor (CH2M HILL) to avoid, mitigate, or neutralize theactual or potential conflict.

(c) The Contractor (CH2M HILL) may terminate this Subcontract forconvenience, in whole or in part, if it deems suchtermination necessary to avoid an organizational conflict ofinterest. If the Subcontractor was aware of a potentialorganizational conflict of interest prior to award ordiscovered an actual or potential conflict after award anddid hot disclose or misrepresented relevant information to.the Contractor (CH2M HILL), the Contractor (CH2M HILL) mayterminate the Subcontract for default and pursue such otherremedies as may be permitted by law or this subcontract.

WDC63107.FI.FO OC00310SF02/2 7


(d) The Subcontractor further agrees to insert in any Subcontractor consultant agreement hereunder, provisions which shallconform substantially to the language of this clause,including this paragraph (d).

11- CERTIFICATION OF ELIGIBILITY (FAR 52.222-15) (DEVIATION)

(a) By entering into this Subcontract, the Subcontractorcertifies that neither it (nor he or she) nor any person orfirm who has interest in the Subcontractor's firm is a personor firm ineligible to be awarded Government contracts byvirtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1).

(b) No part of this Subcontract shall be subcontracted to anyperson or firm ineligible for award of a Government contractby virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR5.12 (a) (1).

(c) The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001.

12. CERTIFICATION OF DEBARMENT/SUSPENSION STATUS

(a) The offeror certifies with the submission of its offer thatit ___ is, __ is not, suspended, debarred, or ineligiblefrom entering into contracts with the Executive Branch of theFederal Government, or in receipt of a notice of proposeddebarment from another DoD agency.

(b) The offeror shall provide immediate notice to the Contractor(CH2M HILL) in the event of being suspended, debarred, ordeclared ineligible by any department or other Federalagency, or upon receipt of a notice of proposed debarmentfrom another DoD agency, prior to award of this subcontract.

13. AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (DEVIATION)

The Offeror represents that (a) it [] has developed and has on file,[] has not developed and does not have on file, at eachestablishment, affirmative action programs required by the rules andregulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b)it [] has not previously had contracts subject to the writtenaffirmative action programs requirement of the rules and regulationsof the Secretary of Labor.

WDC63107.FI.FO OCT 18, 198900310SF02/2 8


14. TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (DEVIATION)

The offeror, by checking the applicable box, represents that -

(a) It operates as [] a corporation incorporated under the-lawsof the State of _____________, [] an individual,[] a partnership,!] a nonprofit organization, or [] a jointventure.

(b) If the offeror or quoter is a foreign entity, it operates as[] an individual, [] a partnership, [] a nonprofit organization,[] a joint venture, or [] a corporation, registered for business

in(country)

15. COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION(FAR 52.230-2)

(a) Certificate of CAS Applicability

The offeror hereby certifies that -

(1) The offeror is not performing any CAS-covered nationaldefense contract or subcontract. The offeror furthercertifies that it will immediately notify the Contractor(CH2M HILL) in writing if it is awarded any nationaldefense CAS-covered contract or subcontract subsequent tothe date of this certificate but before the date of theaward of a contract resulting from this solicitation.(If this statement applies, no further certification isrequired.)

(2) The offeror is currently performing a negotiated nationaldefense contract or subcontract that contains theDisclosure and Consistency of Cost Accounting Practicesclause at FAR 52.230-5.

(b) Additional Certification—CAS Applicable Offerers

The offeror subject to Cost Accounting Standards furthercertifies that practices used in estimating costs in pricingthis proposal are consistent with the practices disclosed inthe Disclosure Statement where it has been submitted asrequired by FAR 30.202-1 through 30.202-5.

(c) Data Required

The offeror certifying that it is currently performing anational defense contract containing either CAS clause (see Aabove) is required to furnish the name, address (includingagency or department component), and telephone number of the

WDC63107.FI.FO OCT00310SF02/2 9


cognizant Contracting Officer administering the offerer'sCAS-covered contracts.

Name of Contracting Officer: _________________________

Address:

Telephone Number:

16. BUY AMERICAN CERTIFICATE (FAR 52.225-1)

The offeror certifies that each end product, except those listedbelow, is a domestic end product (as defined in the clause entitled"Buy American Act—Supplies"), and that components of unknown originare considered to have been mined, produced, or manufactured outsidethe United States.

Excluded End Products Country of Origin

(List as necessary)

17. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2)

(a) The offeror certifies that -

(1) The prices in this offer have been arrived atindependently, without, for the purpose of restrictingcompetition, any consultation, communication, oragreement with any other offeror or competitor relatingto (i) those prices, (ii) the intention to submit anoffer, or (iii) the methods or factors used to calculatethe prices offered;

(2) The prices in this offer have not been and will not beknowingly disclosed by the offer, directly or indirectly,to any other offeror or competitor before bid opening (inthe case of a sealed bid solicitation) or contract award(in the case of a negotiated solicitation) unlessotherwise required by law; and

(3) No attempt has been made or will be made by the offerorto induce any other concern to submit or not to submit anoffer for the purpose of restricting competition.

AR300!}90WDC63107.FI.FO OCl' 18, 198900310SF02/2 10


(b) Each signature on the offer is considered to be acertification by the signatory that the signatory:

(1) Is the person in the offer's organization responsible fordetermining the prices being offered in this bid orproposal, and that the signatory has not participated andwill not participate in any action contrary tosubparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent forthe following principals in certifying that thoseprincipals have not participated, and will notparticipate in any action contrary to subparagraphs(a)(l) through (a)(3) above

f insert full name of person(s) in the offerer's—————organization responsible for determining the pricesoffered in this bid or proposal, and the title of his orher position in the offer's organization]

(ii) As an authorized agent, does certify that theprincipals named in subdivision (b)(2)(i) above have notparticipated, and will not participate, in any actioncontrary to subparagraphs (a)(l) through (a)(3) above;and(iii) As an agent, has not personally participated, andwill not participate, in any action contrary tosubparagraphs (a)(l) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above,the offer must furnish with its offer a signed statementsetting forth in detail the circumstances of the disclosure.

18. ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION(EPAAR 1552.209-72T

The offeror [ ] is [ ] is not aware of any information bearing onthe existence of any potential organizational conflict of interest.If the offer is aware of information bearing on whether a potentialconflict may exist, the offeror shall provide a disclosure statementdescribing this information.

* * * * * * *

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WDC63107.FI.FO OCT 18, 198900310SF02/2 11


AGREEMENT

This Subcontract is issued pursuant to Prime Contract 68-W8-0090,and entered into this ______ day of _____________ 19__, by andbetween CH2M HILL SOUTHEAST, INC., hereinafter called the"Contractor," and

of _________________________________________hereinafter called the "Subcontractor."

Subcontract No.: ________________________Period of Performance:_____________

Type of Subcontract: _______________

The Subcontractor, in consideration of the sum to be paid it by theContractor and of the covenants and agreements herein contained,hereby agrees to perform the Work and furnish the necessarymaterials, labor, and all appliances and appurtenances as requiredby the Subcontract Documents referenced below.

The AGREEMENT, REPRESENTATIONS AND CERTIFICATIONS, the GENERALCONDITIONS, and the SUPPLEMENTARY CONDITIONS, are incorporatedherein by reference and made a part of this Subcontract.

In consideration of the performance of the Work as set forth inthese Subcontract Documents, the Contractor agrees to pay to theSubcontractor the actual costs based on time and material or unitprice as stated in the Sehedule of Prices, in accordance with theSubcontract Documents, and to make such payments in the manner andat the times provided herein.

CH2M HILL SOUTHEAST, INC.

By _____________________Title

Subcontractor

By

Title •_____QR3QQ^92

WDC63107.FI.FO OCT 17, 198900500 1 AGREEMENT

OCTOBER 17, 1989

GENERAL CONDITIONS

TABLE OF CONTENTS

ARTICLE 1 - DEFINITIONS ........................................ 1

1.1. Addenda ........................................... 11.2. Contractor .......................................... 11.3. Days .............................................. 11.4. Drawings ........................................... 11.5. Government ......................................... 11.6 Deleted ............................................ 11.7. Notice ............................................. 11.8. Notice to Proceed ..................................... 11.9. Offeror ............................................ 11.10. ' Owner ............................................. 21.11. Prime Contract ....................................... 21.12. Project ............................................ 21.13. Site Safety Plan ...................................... 21.14. Subcontract Completion ................................. 21.15. Subcontract Documents ................................. 21.16. Subcontractor ........................................ 21.17. Sub-Subcontractor ..................................... 21.18. Substantial Completion ................................. 21.19. Supplementary Conditions ............................... 21.20. Work ............................................. 3

ARTICLE 2 - DELETED .......................................... 3

ARTICLE 3 - SUBCONTRACT DOCUMENTS ........................... 3

3.1. Ownership of Contract Documents ......................... 33.2. Amendments in Writing ................................. 3

ARTICLE 4 - DELETED .......................................... 3

ARTICLE 5 - INSURANCE AND INDEMNIFICATION ..................... 3

5.1. Subcontractor's Insurance ................................ 35.1.1. General ...................................... 35.1.2. Worker's Compensation and Employer's Liability Insurance ... 45.1.3. General Liability Insurance ......................... 45.1.4. Professional Liability Insurance ...................... 4

5.2. Insurance - Work on a Government Installation (FAR 52.228-5) ...... 55.3. Deleted ............................................ 5

ARTICLE 6 - SUBCONTRACTOR'S RESPONSIBILITIES ................... 5

6.1. Subcontractor Independence .............................. 56.2. Project Meetings ...................................... 56.3. Communications with EPA ............................... 56.4. Deleted ............................................ 56.5. Deleted ............................................ 56.6. Compliance with FAR Changes ............................ 66.7. Deleted ............................................ 66.8. Notification of Conflict of Interest Regarding Personnel ...........6.9. Project Employee Confidentiality Agreement ...................6.10. Publicity (EPAAR 1552.237-74) ........................... 66.11. Screening Business Information for

Claims of Confidentiality (EPAAR 1552.235-70) ................ 7

OCTOBER 17, 1989

6.12. Treatment of Confidential BusinessInformation (EPAAR 1552.235-71) .......................... 8

6.13 Evaluation of Compensation for Professional Employees(FAR 52.222-46) ...................................... 8

6.14 Hazardous Material Identification and Material Safety Data(FAR 52.223-3) ....................................... 9

6.15 Royalty Information (FAR 52.227-6) ......................... 106.16 Notice of Compensation for Professional Employees

(FAR 52.222-45) ...................................... 106.17 Clean Air and Water (FAR 52.223-2) ........................ 10

ARTICLE 7 - FUTURE CONTRACTING AND SERVICES .................. 127.1. Limitation on Future Contracting .......................... 127.2. Future Expert Consulting Services .......................... 127.3. Expert Testimony ..................................... 12

ARTICLE 8 - HEALTH, SAFETY, ACCIDENT PREVENTION AND TRAINING ... 138.1 Hazardous Material Identification and Material Safety Data

(FAR 52.223-3) ....................................... 13

ARTICLE 9 - LAW, PERMITS, FEES, AND TAXES ....................... 149.1 Equal Opportunity (FAR 52.222-26) ......................... 14

ARTICLE 10 - CHANGES ......................................... 1510.1. Changes-Fixed Price (FAR 52.243-1) ........................ 1510.2 Deleted ............................................ 1610.3 Delivery of Excess Quantities of $100 or less (FAR 52.212-10) ....... 1610.4 Variation in Estimated Quantity (FAR 52.212-11) ................ 1610.5 Examination of Records by Comptroller General (FAR 52.215-1) ..... 1610.6 Audit-Negotiaton (FAR 52.215-2) .......................... 1610.7 Subcontractor Cost or Pricing Data (FAR 52.215-24) ............. 1710.8 Price Reduction for Defective Cost or Pricing Data

Modification (FAR 52.215-23) ............................. 18

ARTICLE 11 - RECORDS, FILES, AND ACCOUNTING .................... 1911.1. Retention and Availability of Contractor Files .................. 1911.2. Technical Data ....................................... 2011.3. Deleted ............................................ 2111.4. Administration of Cost Accounting Standards (FAR 52.230-4) ....... 2111.5. Disclosure and Consistency of Cost Accounting Practices

(FAR 52.230-5) ....................................... 22

ARTICLE 12 - SUBCONTRACTING ................................... 2412.1. Sub-Subcontracts in Writing .............................. 2412.2 Subcontractors and Outside Associates and Consultants

(FAR 52.244-4) ....................................... 2412.3. Subcontracts (Fixed-Price Contracts) (FAR 52.244-1) ............. 2412.4 Buy American Act - Supplies (FAR 52.225-3) .................. 26

ARTICLE 13 - .................................................. 2613.1 Inspection of Services - Fixed Price (FAR 52.246-4) .............. 26

ARTICLE 14 - PAYMENTS TO SUBCONTRACTOR AND COMPLETION ....... 2714.1. Nptice of Pogress Payments (FAR 52.232-13) ................... 2714.2. Progress Payments (FAR 52.232-16) ......................... 2714.3. Deleted ............................................ 3214.4. Deleted ............................................ 3214.5. Deleted ............................................14.6. Deleted ............................................14.7. Deleted ............................................ 3214.8. Deleted ............................................ 3214.9. Acceptance of Final Payment Constitutes Release ............... 32

ii

OCTOBER 17, 1989

14.10. Deleted ............................................ 3214.11. Deleted ............................................ 3214.12. Deleted ............................................ 3214.13. Deleted ............................................ 3214.14. Interest (FAR 52.232-17) ................................ 32

ARTICLE 15 - STOP WORK ORDERS, TERMINATION, AND DELAYS ........ 3315.1. Stop Work Order (FAR 52.212-13) ......................... 3315.2. Termination (Fixed-Price Service and Supply) (FAR 52.249-8) ....... 3315.3. Excusable Delays (FAR 52.249-14) ......................... 35

ARTICLE 16 - DISPUTES ......................................... 3516.1. Disputes (FAR 52.233-1) ................................ 3516.2. Choice of Law ....................................... 37

ARTICLE 17 - MISCELLANEOUS PROVISIONS ......................... 3717.1. Rights Are Not Exclusive ................................ 3717.2. No Waiver .......................................... 3817.3. Severability ......................................... 3817.4. Survival ............................................ 3817.5. No Third Party Beneficiaries .............................. 3817.6. No Privity of Contract with EPA .......................... 3817.7. Assignments ......................................... 38

ARTICLE 18 - OTHER GENERAL CONDITIONS ........................ 3818.1. Additional Data Requirements (FAR 52.227-16) ................ 3818.2. Rights in Data-Special Works (FAR 52.227-17) ................ 3918.3. Gratuities (FAR 52.203-3) ............................... 4018.4. Covenant Against Contingent Fees (FAR 52.203-5) .............. 4118.5. Anti-Kickback Procedures (FAR 52.203-7) .................... 4118.6. Restrictions on Subcontractor Sales

to the Government (FAR 52.203-6) ......................... 4318.7. Utilization of Small Business Concerns

and Small Disadvantaged Business Concerns (FAR 52.219-8) ........ 4318.8. Small Business and Small Disadvantaged

Business Subcontracting Plan (FAR 52.219-9) .................. 4418.9. Utilization of Women-Owned Small Businesses (FAR 52.219-13) ..... 4618.10. Utilization of Labor Surplus Area Concerns (FAR 52.220-3) ........ 4718.11. Labor Surplus Area Subcontracting Program (FAR 52.220-4) ....... 4718.12. Notice of Labor Disputes (FAR 52.222-1) .................... 4818.13. Convict Labor (FAR 52.222-3) ............................ 4818.14. Contract Work Hours and Safety Standards Act-

Overtime Compensation (FAR 52.222-4) ..................... 4818.15. Equal Opportunity (FAR 52.222-26) ........................ 4918.16. Affirmative Action for Special Disabled

and Vietnam Era Veterans (FAR 52.222-35) ................... 5018.17. Affirmative Action for Handicapped Workers (FAR 52.222-36) ...... 5318.18. Clean Air and Water (FAR 52.223-2) ....................... 5418.19. Authorization and Consent-Patents (FAR 52.227-1) ............. 5518.20. Notice and Assistance Regarding Patent

and Copyright Infringement (FAR 52.227-2) ................... 5518.21. Patent Indemnity (FAR 52.227-3) .......................... 5618.22. Davis-Bacon Act (FAR 52.222-6) .......................... 5618.23. Small/Disadvantaged/Minority Business Enterprise

Subcontract Awards .................................... 5718.24. Officials Not to Benefit (FAR 52.203-1) ...................... 5818.25. Employment Reports on Special Disabled Veterans

and Veterans of the Vietnam Era (FAR 52.222-37) .............. 5818.26. Subcontracting Reports-Small Business • D on n Ii Q R

and Small Disadvantaged Business Concerns .................. .R U o9U U 4 J vJ

in

OCTOBER 17, 1989

18.27. Order of Precedence (FAR 52.215-33) ....................... 5918.28 Organizational Conflict of Interest Notification

(EPAAR 1552.209-70) ................................... 59

APPENDICES

Appendix A Release and Certificate of Final PaymentAppendix B DeletedAppendix C Employee Confidentiality AgreementAppendix D Deleted

WDCR454/073.50

IV

OCTOBER 17, 1989

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

Wherever in the Subcontract Documents the following terms are used, the intent andmeaning shall be interpreted as follows:

1.1. ADDENDA

Written or graphic instruments issued prior to award of the Subcontract, which clarify,correct, or change the Subcontract Documents.

1.2. CONTRACTOR

Wherever in these Subcontract Documents the word "Contractor" appears, it shall beunderstood to mean CH2M HILL, with address stated in this Subcontract.

1.3. DAYS

Unless otherwise specifically stated, the term "days" will be understood to mean calendardays. Business day or working day means any day other than Saturday, Sunday, or legal holiday.

1.4. DRAWINGS

The term "Drawings" refers to the official Drawings, profiles, cross sections, elevation,details, and other working drawings and supplementary drawings, or reproductions thereof, whichare a part of this Subcontract provided by the Contractor (CH2M HILL), which show thecharacter and scope of the Work to be performed.

1.5. GOVERNMENT

The term "government" means the United States government, Environmental ProtectionAgency, or other governmental agency or employee thereof acting in their official capacity.

1.6. DELETED

1.7. NOTICE

The term "notice" or the requirement to notify, as used in the Subcontract Documents orapplicable state or federal statutes, shall signify a written communication and shall be deemed tohave been duly served if delivered in person or by certified or registered mail to the individual, orto a member of the firm, or to an officer of the corporation for whom it is intended, or ifdelivered at or sent by certified or registered mail to the last business address known to the partygiving notice.

1.8. NOTICE TO PROCEED

A written notice given by the Contractor (CH2M HILL) to the Subcontractor, fixing thedate on which the Subcontract time will commence to run and on which the Subcontractor shallstart to perform its obligations under the Subcontract Documents.

1.9. OFFEROR

The person, partnership, firm or corporation proposing to perform the workcontemplated.

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1.10. OWNER

The term "Owner" shall refer to the federal and/or state agencies funding this project.

1.11. PRIME CONTRACT

The Contract between the Contractor (CH2M HILL) and EPA, under which the Work isto be performed, will hereafter be referred to as the "Prime Contract."

1.12. PROJECT

The "Project" is the Work performed under the Subcontract Documents, and may be thewhole or a part, and may include construction by the owner or by separate subcontractors.

1.13. SITE SAFETY PLAN

The term "Site Safety Plan" refers to the plan that describes the expected hazardous wasteexposure hazards at the site, the required levels of protection relative to hazardous materials, andoperational constraints at or near the site.

1.14. SUBCONTRACT COMPLETION

The "Subcontract Completion" is the date the Contractor (CH2M HILL) and EPA acceptthe entire Work as being in compliance with the Subcontract Documents, or formally waivenonconforming Work to the extent of nonconformity, and issue the final payment in accordancewith the requirements set forth in the Final Payment article of these General Conditions.

1.15. SUBCONTRACT DOCUMENTS

The "Subcontract Documents" include the Subcontractor's Proposal (including documenta-tion accompanying the Proposal and any documentation submitted prior to the Notice of Award),these General Conditions, the Supplementary Conditions, the Specifications, and the Drawings,together with all amendments, modifications, and supplements issued pursuant to the GeneralConditions on or after the Effective Date of the Subcontract.

1.16. SUBCONTRACTOR

The term "Subcontractor" refers to the person or persons, partnership, firm, orcorporation who enters into the Subcontract awarded it by the Contractor (CH2M HILL).

1.17. Sub-subcontractor

The term "Sub-subcontractor" means an individual, firm or corporation having a directcontract with Subcontractor or one of its subcontractors for the performance of a part of theWork under this Subcontract.

1.18. SUBSTANTIAL COMPLETION

"Substantial Completion" shall be that degree of completion of the project or a definedportion of the project, as evidenced by the Contractor's (CH2M HILL's) written notice ofSubstantial Completion, sufficient to provide the EPA, at its discretion, the full-time use of theproject or defined portion of the project for the purposes for which it was intended.

1.19. SUPPLEMENTARY CONDITIONS

The term "Supplementary Conditions" means the part of the Subcontract Documentswhich amends or supplements these General Conditions.

OCTOBER 17, 1989

1.20. WORK

The term "Work" means the various requirements of the Subcontract Documents. Workis the result of performing services, furnishing labor, and furnishing and incorporating materialsand equipment into or for the project, all as required by the Subcontract Documents. Work shallinclude all material, labor, tools, and all appliances, machinery, transportation, and appurtenancesnecessary to perform and complete the requirements of the Subcontract Documents, and suchadditional items specifically indicated or described which can be reasonably inferred as belongingto the item described or indicated and as required by good practice to provide a complete andsatisfactory system or structure. As used herein, "provide" shall be understood to mean "furnishand install, complete in-place."

ARTICLE 2 - DELETED

ARTICLE 3 - SUBCONTRACT DOCUMENTS

3.1. OWNERSHIP OF CONTRACT DOCUMENTS

All portions of the Subcontract Documents, and copies thereof furnished by theContractor (CH2M HILL), are the property of the Contractor (CH2M HILL) and/or EPA Theyare not to be used in whole or part on any other Work without the written authorization ofContractor (CH2M HILL). Except for the signed copy of the Subcontract, at the request of theContractor (CH2M HILL), all documents are to be returned to Contractor (CH2M HILL) at thecompletion of the Work. Any reuse of these materials without specific written verification oradaptation by the Contractor (CH2M HILL) will be at the risk of the user and without liability orkral expense to the Contractor (CH2M HILL). Such user shall hold the Contractor (CH2MMILL) harmless from any and all damages, including reasonable attorneys' fees, from any and allclaims arising from any such reuse. Any such verification and adaptation shall entitle theContractor (CH2M HILL) to further compensation at rates to be agreed upon by the user andthe Contractor (CH2M HILL).

3.2. AMENDMENTS IN WRITING

The Subcontract Documents may be amended only by a further written agreement, dulyexecuted, between the parties. The Subcontract Documents may not be changed orally. TheSubcontract Documents comprise the entire agreement between Contractor (CH2M HILL) andSubcontractor concerning the Work.

ARTICLE 4 - DELETED

ARTICLE 5 - INSURANCE AND INDEMNIFICATION

5.1. SUBCONTRACTOR'S INSURANCE

5.1.1. GENERAL

(a) The Subcontractor shall procure and maintain such insurance as is required by lawor regulation from insurance company(s) with an AM Best Guide rating of A VIII or better orotherwise approved by Contractor, including that required by FAR Part 28, in effect as of the dateof execution of this Subcontract, and any such insurance as the Contractor may, from time totime, require with respect to performance of this Subcontract.

(b) The Subcontractor shall not commence Work under this Subcontract until it hasobtained all the insurance required hereunder and certification of such insurance has beenreceived by the Contractor (CH2M HILL), nor shall the Subcontractor allow any Sub-subcontractor to commence work on its Subcontract until insurance specified below has J?e£iVj n ni r\ nobtained. The Subcontractor shall provide current insurance certificates throughout the te$i$fo y U 4 J 3the Subcontract. Review of the insurance certificates by the Contractor (CH2M HILL) shall not-relieve or decrease the liability of the Subcontractor hereunder.

OCTOBER 17, 1989

Cancellation. Should any of the above described policies be cancelled before theexpiration date thereof, the issuing company will mail 30 days written notice to the certificateholder named.

(c) The Subcontractor shall provide the Contractor (CH2M HILL) with all policychanges or revisions or endorsements that materially alter the policy coverage within 30 days ofsuch change or alteration.

(d) The Subcontractor shall insert the substance of this clause, including thisparagraph, in Subcontracts under this Subcontract and shall require Sub-subcontractors to provideand maintain the insurance required herein. At least 5 days before entry of each suchSubcontractor's personnel on the site, the Subcontractor shall furnish a current certificate ofinsurance, meeting the requirements herein for each such Sub-subcontractor.

5.1.2. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE

The Subcontractor shall maintain, until final payment under the Subcontract, Worker'sCompensation as required by law in the statutory amount and Employer's Liability Insurance or"Stop Gap" Insurance in an amount not less than $500,000 for all employees engaged in Workunder the Subcontract Documents. In case any such Work is sublet, the Subcontractor shallrequire the Sub-subcontractor similarly to provide Worker's Compensation and Employer'sLiability Insurance for all of the latter's employees to be engaged in such Work.

5.1.3. GENERAL LIABILITY INSURANCE

(a) The Subcontractor shall maintain during the life of the Subcontract Documentssuch commercial (comprehensive) general liability insurance as will provide coverage for claims fordamages for bodily injury, including accidental death, as well as for claims for property damage,which may arise directly or indirectly from performance of the Work under the Subcontract Docu-ments. The amount of insurance to be provided shall be not less than $1,000,000 combined singlelimit per occurrence and in the aggregate.

The commercial (comprehensive) general liability insurance shall include a blanketcontractual liability coverage, products, and completed operations coverage, and broad formproperty damage.

(b) The Subcontractor shall maintain during the life of the Subcontract Documentsautomobile liability insurance, including coverage for owned, non-owned, and hired automobiles inthe minimum amount of Sl,000,000 combined single limit.

(c) The Contractor (CH2M HILL), its officers, agents, and employees shall be namedas Additional Insureds on the Subcontractor's and any Sub-subcontractors general liability andautomobile liability insurance policies, which shall be primary to any coverage maintained by theContractor (CH2M HILL), and which shall contain a cross liability clause.

(d) All insurances provided by Subcontractor and its Sub-subcontractors shall containa waiver of subrogation in favor of Contractor, EPA and their officers and employees.

5.1.4. PROFESSIONAL LIABILITY INSURANCE

The Subcontractor shall procure and maintain professional liability insurance for protec-tion from claims arising out of performance of professional services caused by any negligent error,omission, or act for which the insured is legally liable; such professional liability insurance willprovide for coverage in such amount, with such deductible provisions and for such period of timefollowing completion of the project, and certificates including that such insurance is in effect willbe provided to the Contractor (CH2M HILL). The Subcontractor will also cause other profes-sional consultants retained by the Subcontractor for the project to procure and maintaincomparable professional liability insurance coverage.

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5.2. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-51

This clause applies if the Subcontract is to be performed at a Federal government installation.

(a) The Subcontractor shall, at its own expense, provide and maintain during theentire performance period of this Subcontract at least the kinds and minimum amounts ofinsurance required in the Schedule or elsewhere in the Subcontract.

(b) Before commencing work under this Subcontract, the Subcontractor shall certifyto .the Contractor (CH2M HILL) in writing that the required insurance has been obtained. Thepolicies evidencing required insurance shall contain an endorsement to the effect that anycancellation or any material change adversely affecting the Government's interest shall not beeffective (1) for such period as the laws of the State in which this Subcontract is to be performedprescribe or (2) until 30 days after the insurer or the Subcontractor gives written notice to theContractor (CH2M HILL) and the Contractor (CH2M HILL), whichever period is longer.

(c) The Subcontractor shall insert the substance of this clause, including thisparagraph (c), in Sub-subcontracts under this Subcontract that require work on a Governmentinstallation and shall require Sub-subcontractors to provide and maintain the insurance required inthe Schedule or elsewhere in the Subcontract. At least 5 days before entry of each such Sub-subcontractor's personnel on the Government installation, the Subcontract shall furnish (or ensurethat there has been reasonable costs resulting from the stop-work order in arriving at thetermination settlement.

(d) If a stop-work order is not canceled and the work covered by the order isasnainated for default, the Contractor (CH2M HILL) shall allow, by equitable adjustment orotherwise, reasonable costs resulting from the stop-work order.

(e) The Contractor's (CH2M HlLL's) rights to terminate this Contract at any timeare not affected by action taken under this clause.

5.3. DELETED

ARTICLE 6 - SUBCONTRACTOR'S RESPONSIBILITIES

6.1. SUBCONTRACTOR INDEPENDENCE

The Subcontractor shall independently perform all Work under this Subcontract and shallnot be considered as an agent of the Contractor (CH2M HILL), nor shall the Subcontractor'sSub-subcontractors or employees be subagents of the Contractor (CH2M HILL).

6.2. PROJECT MEETINGS

The Contractor (CH2M HILL) may schedule project meetings for the purposes ofdiscussing and resolving matters concerning the various elements of the Work. Time and place forthese meetings and the names of persons required to be present shall be as determined by theContractor (CH2M HILL). Subcontractor shall comply with these attendance requirements andshall also require its Sub-subcontractors to comply.

6.3. COMMUNICATIONS WITH EPA

All of the Subcontractor's written or verbal communications to or with EPA state, orlocal agencies relative to Work under the Subcontract Documents must be through the Contractor(CH2M HILL).

6.4. DELETED

6.5. DELETED

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6.6. COMPLIANCE WITH FAR CHANGES

If FAR clauses are revised by the Government after the date set forth in these GeneralConditions and those revisions are made applicable to the Prime Contract, then the laterGovernment revisions shall govern and apply to this Subcontract if so required by law and, if not,then at the option and as directed by the Contractor (CH2M HILL).

6.7. DELETED

6.8. NOTIFICATION OF CONFLICT OF INTEREST REGARDING PERSONNEL

(a) In addition to the requirements of the Subcontract article entitled "OrganizationalConflicts of Interest," the following provisions with regard to individual personnel under thisSubcontract shall apply for the duration of the Subcontract.

(b) The Subcontractor agrees to notify the Contractor (CH2M HILL) of any actual,apparent, or potential conflict of interest with regard to any individual working on a Workassignment or having access to information regarding this Subcontract. Notification of any conflictof interest shall include both organizational conflicts of interest (as defined in the above-referenced Subcontract cause) and personal conflicts of interest (which are defined as the sametypes of relationships as an organizational conflict of interest, but applicable to an individual).

(c) In the event that a personal conflict of interest appears to exist, the individualwho is affected shall be disqualified from taking part in any way in the performance of theassigned Work which created the conflict-of-interest situation.

6.9. PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT

(a) Information, technical data, discussions, reference documents, and other materialsinvolved in the performance of the Subcontract Documents are strictly confidential. Subcontractoragrees not to reproduce any such materials except as necessary to perform the Work, and not todistribute any such materials internally except oh a strictly need-to-know basis, and not to divulgeany such material either verbally or in writing to any third party without the written consent ofthe Contractor (CH2M HILL).

(b) The Subcontractor agrees to obtain confidentiality agreements from all personnelworking on requirements under this Subcontract.

(c) Such agreements shall contain provisions which stipulate that each individualagrees not to disclose to any entity external to EPA, DOJ, the Contractor (CH2M HILL), or theSubcontractor, either in whole or in part, any technical data provided by the Government orgenerated by the Subcontractor or Contractor (CH2M HILL), any site-specific cost information, orany enforcement strategy without first obtaining the written permission of the Contractor (CH2MHILL). Such agreement shall be effective for a period of 10 years commencing with the effectivedate of the Subcontract.

6.10. PUBLICITY fEPAAR 1552.237-74> (DEVIATIONS

(a) No publicity or advertising, including releasing any information to the news mediaor publishing or delivering technical papers, regarding any Work under or relating to theSubcontract Documents shall be released by the Subcontractor without the prior approval of theContractor (CH2M HILL).

(b) The Subcontractor also agrees to acknowledge EPA support whenever the Workfunded in whole or in part by the Subcontract Documents is publicized in any media, subsequentto approval from the Contractor (CH2M HILL) for such publicity.

OCTOBER 17, 1989

6.11. SCREENING BUSINESS INFORMATION FOR CLAIMS OFCONFIDENTIALITY (EPAAR 1552.235-70S (DEVIATIONS

(a) Whenever collecting information under this Subcontract, the Subcontractor agreesto comply with the following requirements:

(1) If the Subcontractor collects information from public sources, such asbooks, reports, journals, periodicals, public records, or other sources that are available to thepublic without restriction, the Subcontractor shall submit a list of these sources to the Contractor(CH2M HILL) at the time the information is initially submitted to Contractor (CH2M HILL).The Subcontractor shall identify the information according to source.

(2) If the Subcontractor collects information from a state or local governmentor from a federal agency, the Subcontractor shall submit a list of these sources to the Contractor(CH2M HILL) at the time the information is initially submitted to the Contractor (CH2M HILL).The Subcontractor shall identify the information according to source.

(3) If the Subcontractor collects information directly from a business or froma source that represents a business or businesses, such as a trade association:

(i) Before asking for the information, the Subcontractor shall identifyitself, explain that it is performing contractual work for the Contractor (CH2M HILL) for theEnvironmental Protection Agency, identify the information that it is seeking to collect, explainwhat will be done with the information, and give the following notice:

(A) You may, if you desire, assert a business confidentialityclaim covering part or all of the information. If you do assert a claim, the information will bedisclosed by EPA only to the extent, and by means of the procedures, set forth in 40 CFR Part 2,Subpart B.

(B) If no such claim is made at the time this information isreceived by the Subcontractor, it may be made available to the public by the EnvironmentalProtection Agency without further notice to you.

(C) The Subcontractor shall, in accordance with FAR Part 9,execute a written agreement regarding the limitations of the use of this information and forwarda copy of the agreement to the Contractor (CH2M HILL).

(ii) Upon receiving the information, the Subcontractor shall make awritten notation that the notice set out above was given to the source, by whom, in what form,and on what date.

(iii) At the time the Subcontractor initially submits the information tothe Contractor (CH2M HILL), the Subcontractor shall submit a list of these sources, identify theinformation according to source, and indicate whether the source made any confidentiality claimand the nature and extent of the claim.

(b) The Subcontractor shall keep all information collected from nonpublic sourcesconfidential in accordance with the clause in this Subcontract entitled "Treatment of ConfidentialBusiness Information" as if it had been furnished to the Subcontractor by EPA

(c) The Subcontractor agrees to obtain the written consent of the Contractor (CH2MHILL), prior to entering into any Subcontract that will require the Subcontractor to collectinformation. The Subcontractor agrees to include this clause, including this paragraph (c), and theclause entitled Treatment of Confidential Business Information" in all sub-subcontracts awarpursuant to this Subcontract that require the Subcontractor to collect information.

OCTOBER 17, 1989

6.12. TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION(EPAAR 1552.235-71S (DEVIATIONS

(a) All data furnished to the Subcontractor by the Contractor (CH2M HILL) or EPAshall be considered to be confidential. The Contractor (CH2M HILL) may disclose confidentialbusiness information to the Subcontractor necessary to carry out the Work required under thisSubcontract. The Subcontractor agrees to use the confidential information only under thefollowing conditions:

(1) The Subcontractor and Subcontractor's Employees shall:

(i) Use the confidential information only for the purposes of carryingout the Work required by the Subcontract;

(ii) Not disclose the information to anyone other than Contractor(CH2M HILL) and Contractor's (CH2M HILL's) employees; and

(iii) Return to the Contractor (CH2M HILL) all copies of theinformation, and any abstracts or excerpts therefrom, upon request by the Contractor (CH2MHILL), whenever the information is no longer required by the Subcontractor for the performanceof the Work required by the Subcontract, or upon completion of the Subcontract.

(2) The Subcontractor shall obtain a written agreement to honor the abovelimitations from each of the Subcontractor's employees who will have access to the informationbefore the employee is allowed access.

(3) The Subcontractor agrees that these Subcontract conditions concerningthe use and disclosure of confidential information are included for the benefit of, and shall beenforceable by, the Contractor (CH2M HILL), EPA and any affected business having aproprietary interest in the information.

(4) The Subcontractor shall not use any confidential information supplied bythe Contractor (CH2M HILL) or the EPA or obtained during performance hereunder to competewith any business to which the confidential information relates.

S) The Subcontractor agrees to obtain the written consent of the ContractorILL), prior to entering into any sub-subcontract that will involve the disclosure of

confidential business information by the Subcontractor to the Sub-subcontractor. TheSubcontractor agrees to include this clause, including this paragraph (b), in all sub-subcontractsawarded, pursuant to this subcontract, that require the furnishing of confidential businessinformation to the Sub-subcontractor.

6.13 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES(52.222-46S (APR 1984S

(a) Recompetition of services of contracts may in some cases result in lowering thecompensation (salaries and fringe .benefits) paid or furnished professional employees. Thislowering can be detrimental in obtaining the quality of professional services needed for adequatecontract performance. It is therefore in the Government's best interest that professionalemployees, as defined in 29 CFR 541, be properly and fairly compensated. As part of theirproposals, offerers will submit a total compensation plan setting forth salaries and fringe benefitsproposed for the professional employees who will work under the subcontract. The Governmentwill evaluate the plan to assure that it reflects a sound management approach and understandingof the contract requirements. This evaluation will include an assessment of the offerer's ability toprovide uninterrupted high-quality work. The professional compensation proposed will beconsidered in terms of its impact upon recruiting and retention, its realism, and its consistencywith a total plan for compensation. Supporting information will include data, such as recognizednational and regional compensation surveys and studies of professional, public and privateorganizations, used in establishing the total compensation structure.

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OCTOBER 17, 1989

(b) The compensation levels proposed should reflect a clearer understanding of workto be performed and should indicate the capability of the proposed compensation structure toobtain and keep suitably qualified personnel to meet mission objectives. Lathe salary rates orranges must take into account differences in skills, the complexity of various disciplines, andprofessional job difficulty. Additionally, proposals envisioning compensation levels lower thanthose of predecessor contractors for the same work will be evaluated on the basis of maintainingprogram continuity, uninterrupted high-quality work, and availability of required competentprofessional service employees. Offerers are cautioned that lowered compensation for essentiallythe same professional work may indicate lack of sound management judgment and lack ofunderstanding of the requirement.

(c) The Government is concerned with the quality and stability of the work force tobe employed on this subcontract. Professional compensation that is unrealistically low or not inreasonable relationship to the various job categories, since it may impair the Subcontractor'sability to attract and retain competent professional service employees, may be viewed as evidenceof failure to comprehend the complexity of the contract requirements.

6.14 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETYDATA (52.223-3S (AUG 1987S

(a) The Subcontractor agrees to submit a Material Safety Data Sheet (Department ofLabor Form OSSA-20), as prescribed in Federal Standard No. B, for all hazardous material 5 daysbefore delivery of the material, whether or not listed in Appendix A of the Standard. Thisobligation applies to all materials delivered under this subcontract which will involve exposure tohazardous materials or items containing these materials.

(b) "Hazardous material," as used in this clause, is as defined in Federal Standard No.313B, in effect on the date of this contract.

(c) Neither the requirements of this clause nor any act or failure to act by thecontractor (CH2M HILL) shall relieve the Subcontractor of any responsibility or liability ford thesafety of Government, Contractor, or subcontractor personnel or property.

(d) The Subcontractor shall comply with applicable Federal, state, and local laws,codes, ordinances, and regulations (including the obtaining of licenses and permits) in connectionwith hazardous material.

(e) The Government's and/or Contractors (CH2M HILL) rights in data furnishedunder this subcontract with respect to hazardous material are as follows:

(1) To use, duplicate, and disclose any data to which this clause is applicable.The purposes of this right are to (i) apprise personnel of the hazards to which they may beexposed in using, handling, packaging, transporting, or disposing of hazardous material (ii) obtainmedical treatment for those affected by the material; and (iii) have others use, duplicate, anddisclose the data for the Government or Contractor (CH2M HILL) for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, inaccordance with subparagraph (e)(l) above, in precedence over any other clause of thissubcontract providing for rights in data.

(3) That the Government or Contractor (CH2M HILL) is not precluded fromusing similar or identical data acquired from other sources.

(4) That the data shall not be duplicated, disclosed, or released outside theGovernment, in whole or in part for any acquisition or manufacturing purpose, if the followinglegend is marked on each piece of data to which this clause applies-"This is furnished underUnited States Government Contract No. ....and shall not be used, duplicated, or disclosed for anyacquisition or manufacturing purpose without the permission of .... This legend shall be markedon any reproduction of this date." (End of legend) A R 3 0 U 5 0

OCTOBER 17, 1989

(5) That the Subcontract shall not place the legend or any other restrictivelegend on any data which (i) the Subcontractor or any Sub-subcontractor previously delivered tothe Contractor and/or Government without limitations or (ii) should be delivered withoutlimitations under the conditions specified in the Federal Acquisition Regulation in the clause at52.227-14, Rights in Data.

(f) The Subcontractor shall insert this clause, including this paragraph (f), withappropriate changes in the designation of the parties, in sub-subcontracts at any tier (includingpurchase designations or purchase orders) under this contract involving hazardous material.

6.15 ROYALTY INFORMATION (52.227-6S (APR 1984S

(a) Cost or charges for royalties. When the response to this solicitation containscosts or charges for royalties totaling more than $250, the following information shall be includedin the response relating to each separate item of royalty or license fee:

o Name and address of licensor

o Date of license agreemento Patent numbers, patent application serial numbers, or other basis on

which the royalty is payable

o Brief description, including any part or model numbers of eachsubcontract item or component on which the royalty is payable

o Percentage or dollar rate of royalty per unit

o Unit price of subcontract itemo Number of units

o Total dollar amount of royalties

(b) Copies of current licenses. In addition, if specifically requested by the Contractor(CH2M HILL) before execution of the contract, the offerer shall furnish a copy of the currentlicense agreement and an identification of applicable claims of specific patents.

6.16 NOTICE OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (52.222-45)(APR 1984S

Note the provisions relating to evaluation of compensation for professional employees setforth elsewhere in this solicitation. Failure to comply with these provisions may constitutesufficient cause to justify rejection of a proposal. The total compensation plan required to besubmitted by the offeror will be viewed as being within the purview of Public Law 87-653 (10U.S.C. 2306(0) and in accordance with Federal Acquisition Regulation 15.802(a).

6.17 CLEAN AIR AND WATER

(a) "Air Act," as used in this clause, means the Clean Air ACt (42 U.S.C. 7401 etseq.).

"Clean air standards," as used in this clause, means-(1) Any enforceable rules, regulations, guidelines, standards, limitations,

orders, controls, prohibitions, work practices, or other requirements contained in, issued under, orotherwise adopted under the Air Act or Executive Order 11738;

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(2) An applicable implementation plan as described in section 110(d) of theAir Act (42 U.S.C. 7410(d)).

(3) An approved implementation plan as described in section lll(c) orsection lll(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or

(4) An approved implementation procedure under section 112(d) of the AirAct (42 U.S.C. 7412(d)).

"Clean water standards," as used in this clause, means any enforceable limitation, control,condition, prohibition, standard, or other requirements promulgated under the Water Act orcontained in a permit issued to a discharger by the Environmental Protection Agency or by aState under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local government to ensure compliance with pretreatment regulations as required bysection 307 of the Water Act (33 U.S.C. 1317).

"Compliance," as used in this clause, means compliance with-

(1) Clean air or water standards; or

(2) A schedule or plan ordered or approved by a court of competentJurisdiction, the Environmental Protection Agency, or an air or water pollution control agencyunder the requirements of the Air Act or Water Act and related regulations.

"Facility," as used in this clause, means any building, plant, installation, structure, mine,vessel or other floating craft, location, or site of operations, owned, leased, or supervised by aSubcontractor Sub-subcontractor, used in the performance of a subcontract or Sub-subcontractor.When a location or site of operations includes more than one building, plant, installation, orStructure, the entire location or site shall be deemed a facility except when the Administrator, ora designee, of the Environmental Protection Agency determines that independent facilities arecollocated in one geographical area.

"Water Act," as used in this clause, means Clean Water Act (33 U.S.C. 1251, et seq.).

(b) The Subcontractor agrees-

(1) To comply with the requirements of section 114 of the Clean Air Act (42U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection,monitoring, entry, reports, and information, as well as other requirements specified in section 114and section 308 of the Air Act and the Water Act, and all regulations and guidelines issued toimplement those acts before the award of this contract;

(2) That no portion of the work required by this prime contract will beperformed in a facility listed on the Environmental Protection Agency List of Violating Facilitieson the date when this contract was awarded unless and until the EPA eliminates the name of thefacility from the listing;

(3) To use best efforts to comply with clean air standards and clean waterstandards at the facility in which the contract is being performed; and

(4) To insert the substance of this clause into any nonexempt sub-subcontract,including this subparagraph (b)(4).

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ARTICLE 7 - FUTURE CONTRACTING AND SERVICES

7.1. LIMITATION ON FUTURE CONTRACTING

(a) Unless otherwise provided, due to the scope and nature of this Subcontract, theSubcontractor shall observe the following restrictions on future hazardous waste site contracting(see Appendix B for EPA Regions):

(1) The Subcontractor will be ineligible to compete for remedial planning andimplementation contracts offered by states within the regions covered by this Subcontract whichresult from a Superfund Cooperative Agreement (SFCA) without the prior written approval of theEPA Contracting Officer responsible for the Prime Contract. The Subcontractor can compete forstate contracts for sites that are not on the National Priority List or not funded under an EPASFCA

(2) The Subcontractor will be ineligible to compete for remedial planning andimplementation projects offered by the private sector for sites within the regions covered by thisSubcontract which result from a SARA consent decree or court order. (The Subcontractor cancompete for private sector contracts within the regions covered by this Subcontract provided thatthe prior written approval of the EPA Contracting Officer is obtained.)

(3) The Subcontractor will be ineligible to compete for remedial planning andimplementation projects offered by the private sector for sites within the regions covered by thisSubcontract where the EPA has initiated enforcement actions without the prior written approvalof the EPA Contracting Officer.

(4) The Subcontractor will be ineligible to compete for remedial actionprojects for which the Subcontractor has developed the solicitation package.

(5) The Subcontractor, for a period of three (3) years after the expiration ofthis Subcontract, agrees not to compete for or to represent a private party on any work pertainingto a specific site at which the Subcontractor previously performed for the Contractor (CH2MHILL) under this Subcontract without the prior written approval of the cognizant EPAContracting Officer.

(b) The Subcontractor shall insert in any remedial planning and implementation sub-subcontract or consultant agreement hereunder the provisions which shall conform substantially tothe language of this article, including this paragraph. However, Paragraphs (4) and (5) shall beincluded in all sub-subcontract and consultant agreements.

7.2. FUTURE EXPERT CONSULTING SERVICES

It is recognized that, subsequent to the performance period of this Subcontract, the needmay arise to provide expert testimony during hearings and/or court proceedings involving site-specific activities or other matters, with regard to which personnel provided by the Subcontractorunder this Subcontract (including Sub-subcontractor personnel) would have gained expertise as aresult of tasks performed under this Subcontract, Therefore, the Subcontractor agrees to makeavailable expert consulting services in support of such future proceedings, and to enter into intentagreements as necessary with Sub-subcontractors to ensure the availability of Sub-subcontractorpersonnel, provided under this Subcontract, to provide expert consulting services. Agreement toprovide such services in the future serves as a notice of intent only. Such services are notpurchased hereby and will be obtained through a separate contractual agreement.

7.3. EXPERT TESTIMONY

From time to time, the Government may have the need for expert testimony duringenforcement proceedings for a given site where the Subcontractor provided services. Such effortshall be considered within the scope of this Subcontract. The individuals) selected to testify shallbe fully knowledgeable of the details of the site under litigation, shall be credible, and shall be an

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expert in their field. The testimony shall normally relate to what actions the Subcontractor tookat a site. In the event such services are required after performance of this Subcontract, a separatenegotiated procurement action may be instituted with the Subcontractor.ARTICLE 8 - HEALTH. SAFETY. ACCIDENT PREVENTION. AND TRAINING

8.1. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETYDATA: FAR 52.223-3 (DEVIATIONS

(a) If the Subcontractor purchases or employs hazardous materials to carry out thework, the Subcontractor agrees to submit a Material Safety Data Sheet (Department of LaborForm OSHA-20), as prescribed in 29 CFR 1910.1200, for all hazardous material 5 days beforedelivery of the material, whether or not listed in Appendix A of the Standard. This obligationapplies to all materials delivered under this Subcontract which will involve exposure to hazardousmaterials or items containing these materials.

(b) "Hazardous material," as used in this clause, is as defined in 29 CFR 1910.1200, ineffect on the date the Subcontract was executed.

(c) Neither the requirements of this clause nor any act or failure to act by theGovernment or Contractor (CH2M HILL) shall relieve the Subcontractor of any responsibility orliability for the safety of Government, Contractor (CH2M HILL), or Subcontractor personnel orproperty.

(d) The Subcontractor shall comply with applicable federal, state and local laws,codes, ordinances, and regulations (including the obtaining of licenses and permits) in connectionwith hazardous material.

(e) The Government's rights in data furnished under this Subcontract with respect tohazardous material are as follows:

(1) To use, duplicate, and disclose any data to which this clause is applicable.The purposes of this right are to (i) apprise personnel of the hazards to which they may beexposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) obtainmedical treatment of those affected by the material; and (iii) have others use, duplicate, anddisclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, inaccordance with subparagraph (e)(l) above, in precedence over any other clause of thisSubcontract providing for rights in data.

(3) That the Government is not precluded from using similar or identicaldata acquired from other sources.

(4) That the data shall not be duplicated, disclosed, or released outside theGovernment, in whole or in part for any acquisition or manufacturing purpose, if the followinglegend is marked on each piece of data to which this clause applies ~

"This is furnished under United States Government Contract No. ____ andshall not be used, duplicated, or disclosed for any acquisition or manufacturing purpose withoutthe permission of _____ . This legend shall be marked on any reproduction of this data."

(5) That the Subcontractor shall not place the legend or any other restrictivelegend on any data which (i) the Contractor (CH2M HILL), Subcontractor, or any Sub-subcon-tractor previously delivered to the Government without limitations or (ii) should be deliveredwithout limitations under the conditions specified in the Federal Acquisition Regulation in theclause at 52.227-18, Rights in Data, which is incorporated herein by reference.

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(f) The Subcontractor shall insert this clause, including this paragraph (f), withappropriate changes in the designation of the parties, in sub-subcontracts at any tier (includingpurchase designations or purchase orders) under this Subcontract involving hazardous material.

ARTICLE 9 - LAWS. PERMITS. FEES. AND TAXES

9.1. EQUAL OPPORTUNITY: FAR 52.222-26 APR 1984

•While performing this Subcontract, the Subcontractor agrees as follow, unless exempted asof the date of the Prime Contract by the rules, regulations, or orders of the Secretary of Laborissued under Executive Order 11246, as amended:

(a) If, during any 12-month period (including the 12 months preceding the award ofthis subcontract), the subcontractor has been or is awarded nonexempt Federal contracts and/orsubcontracts that have an aggregate value in excess of $10,000, the subcontractor shall comply withsubparagraphs (b)(l) through (11) below. Upon request, the subcontractor shall provideinformation necessary to determine the applicability of this clause.

(b) During performing this subcontract, the subcontractor agrees as follows:

(1) The subcontractor shall not discriminate against any employee orapplicant for employment because of race, color, religion, sex, or national origin.

(2) The subcontractor shall take affirmative action to ensure that applicantsare employed and that employees are treated during employment, without regard to their race,color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment,(ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoffor termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training,including apprenticeship.

(3) The subcontractor shall post in conspicuous places available to employeesand applicants for employment the notices to be provided by the contractor (CH2M HILL), thatexplain this clause.

(4) The subcontractor shall, in all solicitations or advertisements foremployees placed by or on behalf of the subcontractor, state that all qualified applicants willreceive Consideration for employment without regard to race, color, religion, sex, or nationalorigin.

(5) The subcontractor shall send, to each labor union or representative ofworkers with which it has a collective bargaining agreement or other subcontract of understanding,the notice to be provided by the contractor (CH2M HILL), advising the labor union or workers'representative of the'subcontractor's commitments under this clause, and post copies of the noticein conspicuous places available to employees and applicants for employment.

(6) The subcontractor shall comply with Executive Order 11246, as amended,and the rules, regulations, and orders of the Secretary of Labor.

(7) The subcontractor shall furnish to the contractor (CH2M HILL)contracting agency all information required by Executive Order 11246, as amended, and by therules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or anysuccessor form, is the prescribed form to be filed within 30 days following the award, unless filedwithin 12 months preceding the date of award.

(8) The subcontractor shall permit access to its books, records, and accountsby the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) forthe purposes of investigation to ascertain the subcontractor's compliance with the applicabte &les.n n c: j nregulations, and orders H n J U U \J 1 U

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(9) If the OFCCP determines that the subcontractor is not in compliancewith this clause or any rule, regulation, or order of the Secretary of Labor, this contract may becanceled, terminated, or suspended in whole or in part and the subcontractor may be declaredineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against thesubcontractors as provided in Executive Order 11246, as amended, the rules, regulation, andorders of the Secretary of Labor, or otherwise provided by law.

(10) The subcontractor shall include the terms and conditions of subparagraph(b)(l) through (11) of this clause in every subcontractor or purchase order that is not exemptedby the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246,as amended, so that these terms and conditions will be binding upon each Sub-subcontractor orvendor.

(11) The subcontractor shall take such action with respect to any sub-subcontract or purchase order as the contractor (CH2M HILL) or contracting agency may directas a means of enforcing these terms and conditions, including sanctions for npncpmpliance;provided, that if the subcontractor becomes involved in, or is threatened with, litigation with aSub-subcontractor or vendor as a result of any direction, the subcontractor may request theUnited States to enter into the litigation to protect the interests of the United States.

(c) Notwithstanding any other clause in this subcontract, disputes relative to thisclause will be governed by the procedures in 41 CFR 60-1.1.

ARTICLE 10 - CHANGES

10.1. CHANGES - FIXED PRICE (FAR 52.243-1S (DEVIATIONS

(a) The Contractor (CH2M HILL) may at any time, by written order, and withoutnotice to the sureties, if any, make changes within the general scope of this contract in any one ormore of the following:

(1) Description of services to be performed.(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(4) Drawings, designs, or specifications when the supplies to be furnished areto be specially manufactured for the Government, in accordance with the drawings, designs, orspecifications.

(5) Method of shipment or packing of supplies.

(6) Place of delivery.

(b) The Subcontractor must assert its right to an adjustment under this clause within30 days from the date of receipt of the written order. However, if the Contractor (CH2M HILL)decides that the facts justify it, the Contractor (CH2M HILL) may receive and act upon aproposal submitted before final payment of the contract.

(c) If the Subcontractor's proposal includes the cost of property made obsolete orexcess by the change, the Contractor (CH2M HILL) shall have the right to prescribe the mannerof the disposition of the property.

(d) Failure to agree to any adjustment shall be a dispute under the Disputes clause.However, nothing in this clause shall excuse the Subcontractor from proceeding with the contfaetrv n r , ,as changed. H n O U U 0 j 1

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10.2 DELETED

10.3 DELIVERY OF EXCESS QUANTITIES OF $100 OR LESS (52.212-IPS

The Subcontractor is responsible for the delivery of each item quantity within allowable variationsin any. If the Subcontractor delivers and the Contractor (CH2M HILL) receives quantities of anyitem in excess of the quantity called for (after considering any allowable variation in quantity),such .excess quantities will be treated as being delivered for the convenience of the Subcontractor.The Contractor (CH2M HILL) may retain such excess quantities up to $100 in value withoutcompensating the Subcontract therefore, and the Subcontractor waives all right, title, or intereststherein. Quantities in .excess of $100 will, at the option of the Contractor (CH2M HILL), eitherbe returned at the Subcontractor's expense or retained and paid for by the Contractor (CH2MHILL) at the subcontract unit price.

10.4 VARIATION IN ESTIMATED QUANTITY (52.212-1 IS (APR 1984S

If the quantity of a unit-priced item in this contract is an estimated quantity and theactual quantity of the unit-priced item varies more than 25 percent above or below the estimatedquantity, an equitable adjustment in the contract price shall be made upon demand of eitherparty. The equitable adjustment shall be based upon any increase or decrease in costs due solelyto the variation above 125 percent or below 75 percent of the estimated quantity. If the quantityvariation is such as to cause an increase in the time necessary for completion he Subcontractormay request, in writing, an extension of time, to be received by their Contractor (CH2M HILL)before the date of final settlement of the contract. Upon the receipt of a written request for anextension, the Contractor (CH2M HILL) shall ascertain the facts and make an adjustment forextending the completion date as, in the judgement of the Contractor (CH2M HILL), is justified.

10.5 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL: FAR(52.215-1)

(a) This clause applies if the Prime Contract exceeds $10,000 and was entered into bynegotiation. "Subcontract," as used in this clause, excludes (1) purchase orders not exceeding$10,000 and (2) subcontracts or purchase orders for public utility services at rates established toapply uniformly to the public, plus any applicable reasonable connection charge.

(b) The Comptroller General of the United States or a duly authorized representativefrom the General Accounting Office shall, until 3 years after final payment under Subcontract orfor any shorter period specified in Federal Acquisition Regulations (FAR) Subpart 4.7, ContractorRecords Retention, have access to and the right to examine any of the Subcontractor's directlypertinent books, documents, papers, or other records involving transactions related to thisSubcontract.

(c) The periods of access and examination in paragraph (b) above for records relatingto (1) appeals under the Disputes clause, (2) litigation or settlement of claims arising from theperformance of this Subcontract, or (3) costs and expenses of this contract to which the Comp-troller .General or a duly authorized representative from the General Accounting Office has takenexception shall continue until such appeals, litigation, claims, or exceptions are disposed of.

10.6 AUDIT - NEGOTIATION: FAR 52.215-2

(a) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-determinable subcontract, or any combination of these, theSubcontractor shall maintain and the Contractor (CH2M HILL) shall have the right to examineand audit books, records, documents, and other evidence and accounting procedures and practices,sufficient to reflect "properly all costs claimed to have been incurred or anticipated to be incurredin performing this Subcontract. This right of the Subcontractor's plants, or parts of them,engaged in performing the Subcontract.

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(b) Cost or pricing data. If, pursuant to law, the Subcontractor has been required tosubmit cost or pricing data to this Subcontract, the Contractor (CH2M HILL) or representativesof the Contractor (CH2M HILL) who are employees of the Government shall have the right toexamine and audit all (including computations and projections) related to negotiating, pricing, orperforming the Subcontract or modification, in order to evaluate the accuracy, completeness, andcurrency of the cost or pricing data. The right of examination shall extend to all documentsnecessary to permit adequate evaluation of the cost or pricing data submitted, along with thecomputations and project used.

(c) Reports. If the Subcontractor is required to furnish cost, funding, or performancereports, the Contractor (CH2M HILL) or representatives of the Contractor (CH2M HILL) whoare employees of the Government shall have the right to examine and audit books, records, otherdocuments, and supporting materials, for the purpose of evaluating (1) the effectiveness of theSubcontractor's policies and procedures to produce data compatible with the objectives of thesereports and (2) the data reported.

(d) Availability. The Subcontractor shall make available at its office at all reasonabletimes the materials described in paragraphs (a) and (b) above, for examination, audit, orreproduction, until 3 years after final payment under the Prime Contract, or for any shorterperiod specified in Subpart 4.7, Contractor Records Retention, of the Federal AcquisitionRegulation, or for any longer period required by statute or by other clauses of the PrimeContract. In addition -

(1) If this Subcontract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 years after any resulting finaltermination settlement of the Prime Contract; and

(2) Records relating to appeals under the Disputes clause or to litigation orthe settlement of claims arising under or relating to this Subcontract shall be mode available untilsuch appeals, litigation, or claims are disposed of.

(e) The Subcontractor shall insert a clause containing all the terms of this clause,including this paragraph (e), in all Sub-subcontracts and purchase orders over $10,000 under thisSubcontract, altering the clause only as necessary to identify properly the contracting parties andthe Contractor (CH2M HILL) under the Government Prime Contract.

(f) This right to audit applies only to the government.

10.7 SUBCONTRACTOR COST OR PRICING DATA: FAR 52.215-24

(a) Before awarding any Subcontract or purchase order expected to exceed $100,000when entered into, or before pricing any Sub-subcontract or purchase order modification involvinga pricing adjustment expected to exceed $100,000, the Subcontractor shall require the Sub-subcontractor or supplier to submit cost or pricing data (actually or by specific identification inwriting), unless the price is ~

(1) Based on adequate price competition;

(2) Based on established catalog or market prices of commercial items sold insubstantial quantities to the general public; or

(3) Set by law or regulation.

(b) The Subcontractor shall require the Sub-subcontractor or supplier to certify insubstantially the form prescribed in Subsection 15.804-4 of the Federal Acquisition Regulation(FAR) that, to the best of its knowledge and belief, the data submitted under paragraph (a) abovewere accurate, complete, and current as of the date of agreement on the negotiated price of theSubcontract or Sub-subcontract modification.

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(c) In each Sub-subcontract or purchase order, that exceeds $100,000 when enteredinto, the Subcontractor shall insert either -

(1) The substance of this clause, including this paragraph (c), if paragraph (a)above requires submission of cost or pricing data for the Sub-subcontract or purchase order; or

(2) The substance of the clause at FAR 52.215-25, Subcontractor Cost orPricing Data ~ Modifications.

10.8 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -MODIFICATIONS (52.215-23S (APR 1988S

(a) This clause shall become operative only for any modification to this subcontractinvolving a pricing adjustment expected to exceed $100,000, except that this clause does not applyto any modification for which the price is—

(1) Based on adequate price competition;

(2) Based on established catalog or market prices of commercial items sold insubstantial quantities to the general public; or

(3) Set by law or regulation.

(b) If any price, including profit or fee, negotiated in connection with any modifi-cation under this clause, or any cost reimbursable under this subcontract, was increased by anysignificant amount because (1) the Subcontractor or a Sub-subcontractor furnished cost or pricingdata that were not complete, accurate, and current as certified in its Certificate of Current Cost orPricing Data, (2) a Sub-subcontractor or prospective Sub-subcontractor furnished the Subcon-tractor cost or pricing data that were not complete, accurate, and current as certified in theSubcontractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnisheddata of any description that were not accurate, the price or cost shall be reduced accordingly andthe subcontract shall be modified to reflect the reduction. This right to a price reduction islimited to that resulting from defects in data relating to modifications for which this clausebecomes operative under paragraph (a) above.

(c) Any reduction in the subcontract price under paragraph (b) above due todefective data from a prospective Sub-subcontractor that was not subsequently awarded the sub-subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which(1) the actual sub-subcontract or (2) the actual cost to the Subcontractor, if there was no sub-subcontract, was less than the prospective sub-subcontract cost estimate submitted by theSubcontractor; provided, that the actual sub-subcontract price was not itself affected by defectivecost or pricing data.

(d) (1) If the Contractor (CH2M HILL) or the Government determines underparagraph (b) of this clause that a price or cost reduction should be made, the Subcontractoragrees not to raise the following matters as a defense:

(i) The Subcontractor or Sub-subcontractor was a sole sourcesupplier or otherwise was in a superior bargaining position and thus the price of the subcontractwould not have been modified even if accurate, complete, and current cost or pricing data hadbeen submitted.

(ii) The Contractor (CH2M HILL) or the Government should haveknown that the cost or pricing data in issue were defective even thought he Subcontractor or Sub-subcontractor took no affirmative action to bring the character of the data to the attention of theContractor (CH2M HILL). fc D Q H ft I Li

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(iii) The subcontract was based on an agreement about the total cost ofthe subcontract and there was no agreement about the cost of each item procured under thesubcontract.

(iv) The Subcontractor or Sub-subcontractor did not submit aCertificate of Current Cost or Pricing Data.

(2) (i) Except as prohibited by subdivision (d)(2)(ii) of this clause, anoffset in an amount determined appropriate by the Contractor (CH2M HILL) or the Governmentbased upon the facts shall be allowed against the amount of a subcontract price reduction if-

(A) The Subcontractor certifies to the Contractor (CH2MHILL) that, to the best of the Subcontractor's knowledge and belief, the Subcontractor is entitledto the offset in the amount requested; and

(B) The Subcontractor proves that the cost or pricing datawere available before the date of agreement on the price of the subcontract (or price of themodification) and that the data were not submitted before such date.

(ii) An offset shall not be allowed if-

(A) The understated data was known by the Subcontractor tobe understated when the Certificate of Current Cost or Pricing Data was signed; or

(B) The Contractor of the Government proves that the factsdemonstrate that the contract price would not have increased in the amount to be offset even ifthe available data had been submitted before the date of agreement on price.

ARTICLE 11 - RECORDS. FILES. AND ACCOUNTING

11.1. RETENTION AND AVAILABILITY OF CONTRACTOR FILES

(a) This Subcontract contains the Federal Acquisition Regulation Clause 52.215-2"Audit-Negotiation," wherein the Subcontractor is required to maintain and make available to thePrime Contractor (CH2M HILL), the Contracting Officer, or his/her representative, in accordancewith FAR Subpart 4.7 "Contractor Records Retention," at its office, at all reasonable times, thebooks, records, documents, and other evidence relating to this Subcontract, including personnelutilization records, site records, and accounting procedures and practices sufficient to reflectproperly all costs claimed to have been incurred under this Subcontract. Such files shall be madeavailable for examination, audit, or reproduction.

(b) The Subcontractor is advised that the Government may file suit against potentialresponsible parties for costs incurred relative to site related clean up activities. In suchproceedings, the Subcontractor's cost and performance records may become an integral part of theGovernment's case.

(c) Accordingly, due to the extended nature of court proceedings and EPA auditrequirements, the Subcontractor shall make available the records described above and in "Audit-Negotiation" for a total of 10 years after final payment of this Subcontract.

(d) In addition, the Subcontractor shall make available the records relating to anyappeals, litigation, or the settlement of claims with third parties and which relate to thisSubcontract (i.e., cost recovery) until such appeals, litigation, or claims are disposed of.

(e) The Subcontractor shall not destroy original records relating to the Subcontractuntil (1) all litigation involving the records has been finally settled and approval is obtained fromthe Contractor (CH2M HILL) or (2) ten (10) years have passed from the date of final paymentand no litigation involving the records has been instituted and approval of the Contractor (CH2M

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HILL) is obtained. In no event should individual records be destroyed if litigation is in processor is pending related to such records.

(0 From time to time, the Government and Contractor (CH2M HILL) may, insupport of litigation cases, have the need for the Subcontractor to research and make availablesuch records in a form and manner not normally maintained by the Subcontractor. Such effortshall be deemed to be within the scope of work under this Subcontract. If this effort is requiredafter performance of this Subcontract, a separate negotiated procurement action may be institutedwith the Subcontractor.

(g) The final invoice (completion voucher) submitted hereunder, after physicalcompletion of the Subcontract within the stated period of performance, will represent the finalpayment under this Subcontract.

11.2. TECHNICAL DATA

(a) The Subcontractor hereby agrees to deliver to the Contractor (CH2M HILL)within 85 days after the completion of the period of performance of each work assignment or asotherwise requested by the Contractor (CH2M HILL) the following documents:

(1) All information supplied to the Subcontractor by the Contractor (CH2MHILL) or the Government is considered to be "Confidential Business Information," pursuant tothe clause entitled Treatment of Confidential Business Information," and shall be returned toCH2M HILL.

(2) All originals and copies, and all abstracts and excerpts therefrom, of allinformation collected by the Subcontractor directly from a business or from a source thatrepresents a business or businesses, such as a trade association, pursuant to the Subcontract clauseentitled "Screening Business Information for Claims of Confidentiality."

(3) All originals (if originals are unavailable, copies will be acceptable) of alldata defined below, which are pertinent to the support of the Remedial Response Program andhave been furnished to the Subcontractor by the Contractor (CH2M HILL) or the Government orhave been generated by the Subcontractor in performance of this Subcontract. In the event thatthere is any disagreement as to whether certain data are considered pertinent, the Contractor(CH2M HILL) shall make the final determination. This determination shall not be subject to theterms of the clause entitled "Disputes" set forth in this Subcontract.

"Data," as used in this clause, means recorded information, regardless of form orthe media on which it may be recorded. The term includes technical data and computer software.The term does not include information incidental to contract administration, such as financial,administrative, cost or pricing, or management information.

(4) Copies of all other types of additional data, including but not limited toreference materials, source lists, field notes, log books, chemical data maps, and photographs,pursuant to the Subcontract clause entitled "Additional Data Requirements."

(b) With regard to all copies of data specifically requested by the Contractor (CH2MHILL) after expiration of this Subcontract and supplied in response thereto by the Subcontractor,the Subcontractor shall be entitled to an equitable adjustment in the Subcontract price to coverthe cost of collecting, preparing, editing, duplicating, assembling, and shipping the data requested.

SI The Subcontractor shall not be required to turn over or provide to the ContractorILL) any of the following:

(1) Data that are not essential and closely related to the Subcontract Work.In the event there is any disagreement as to whether certain data are essential and related to theSubcontract Work, the Contractor (CH2M HILL) and/or the EPA Project Officer shaH mafcerthe q t r

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final determination. This determination shall not be subject to the terms of the Subcontractclause entitled "Disputes."

(2) Subcontractor and personnel performance ratings and evaluations.(3) Technical or other data previously developed by parties other than the

Subcontractor which were acquired independently of this Subcontract or acquired by theSubcontractor prior to this Subcontract under conditions restricting the Subcontractor's right tosuch data.

(d) Upon receipt of all data provided to the Contractor (CH2M HILL) by theSubcontractor under paragraph (a), above, the Contractor (CH2M HILL) shall acknowledge inwriting to the Subcontractor the receipt of all confidential or other data.

H-3. DELETED

11.4. ADMINISTRATION OF COST ACCOUNTING STANDARDS (FAR 52.230-4S(DEVIATIONS

For the purpose of administering the Cost Accounting Standards (CAS) requirementsunder this Subcontract, the Subcontractor shall take the steps outlined in paragraphs (a) through(f) of this clause:

(a) Submit to the Contractor (CH2M HILL) a description of any accounting change,the potential impact of the change on Subcontracts containing a CAS clause, and if not obviouslyimmaterial, a general dollar magnitude cost impact analysis of the change which displays thepotential shift of costs between CAS-covered contracts by contract type (i.e., firm-fixed-price,incentive, cost-plus-fixed-fee, etc.) and other Subcontractor business activity. As related to CAS-covered contracts, the analysis should display the potential impact of funds of the variousAgencies/ Departments (i.e., Department of Energy, National Aeronautics and SpaceAdministration, Army, Navy, Air Force, other Department of Defense, other Government) asfollows:

(1) For any change in cost accounting practices required to comply with anew CAS in accordance with subparagraph (a)(3) and subdivision ((a)(4)(i) of the CAS clause,within 60 days (or such other date as may be mutually agreed to) after award of a contractrequiring this change.

(2) For any change in cost accounting practices proposed in accordance withsubdivision (a)(4)(ii) or (a)(4)(iii) of the CAS clause or with subparagraph (a)(3) of theDisclosure and Consistency of Cost Accounting Practices clause, not less than 60 days (or suchother date as may be mutually agreed to) before the effective date of the proposed change.

(3) For any failure to comply with an applicable CAS or to follow a disclosedpractice as contemplated by subparagraph (a)(5) of the CAS clause or by subparagraph (a)(4) ofthe Disclosure and Consistency of Cost Accounting Practices clause, within 60 days (or such otherdate as may be mutually agreed to) after the date of agreement of noncompliance by theSubcontractor.

(b) Submit a cost impact proposal in the form and manner specified by theContractor (CH2M HILL) within 60 days (or such other date as may be mutually agreed to) afterthe date of determination of the adequacy and compliance of a change submitted pursuant toparagraph (a) of this clause. If the cost impact proposal is not submitted within the specifiedtime, or any extension granted by the Contractor (CH2M HILL), an amount not to exceed10 percent of each payment made after that date may be withheld until such time as a proposalhas been provided in the form and manner specified by the Contractor (CH2M HILL).

(c) Agree to appropriate Contract and subcontract amendments to reflect adjustmentsestablished in accordance with subparagraphs (a)(4) and (a)(5) of the CAS clause or with

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subparagraphs (a)(3) or (a)(4) of the CAS Disclosure and Consistency of Cost AccountingPractices clause.

(d) For all Subcontracts subject either to the CAS clause or to the Disclosure andConsistency of Cost Accounting Practices clause-

(1) So state in the body of the Subcontract, in the letter of award, or in both(self-deleting clauses shall not be used); and (2) include the substance of this clause in allnegotiated Subcontracts. In addition, within 30 days after award of the Subcontract, submit thefollowing information to the Subcontractor's cognizant contract administration office fortransmittal to the contract administration office cognizant of the Subcontractor's facility:

(i) Subcontractor's name and Subcontract number.

(ii) Dollar amount and date of award.(iii) Name of Subcontractor making the award.

(iv) Any changes the Subcontractor has made or proposes to make toaccounting practices that affect Prime Contracts or Subcontracts containing the CAS clause orDisclosure and Consistency of Cost Accounting Practices clause, unless these changes have alreadybeen reported. If award of the Subcontract results in making one or more CAS effective for thefirst time, this fact shall also be reported.

(e) Notify the Contractor (CH2M HILL) in writing of any adjustments required toSubcontracts under this Subcontract and agree to an adjustment, based on them, to thisSubcontractor's price or estimated cost and fee. This notice is due within 30 days after proposedSubcontract adjustments are received and shall include a proposal for adjusting the higher tierSubcontract or the Prime Contract appropriately.

(f) For Subcontracts containing the CAS clause, require the Subcontractor to complywith all Standards in effect on the date of award or of final agreement on price, as shown on theSubcontractor's signed Certificate of Current Cost or Pricing Data, whichever is earlier.

11.5. DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES(FAR 52.230-5S (DEVIATIONS

(a) The Contractor, in connection with this Subcontract, shall-(1) Comply with the requirements of 30,401, Consistency in Estimating,

Accumulating, and Reporting Costs, and 30.402, Consistency in Allocating Costs Incurred for theSame Purpose, in effect on the date of award of this Subcontract as indicated in FederalAcquisition Regulation (FAR) Subpart 30.4.

(2) (National Defense Contracts Only) If it is a business unit of a companyrequired to submit a Disclosure Statement, disclose in writing its cost accounting practices asrequired by FAR 30.202-1 through 30.202-5. If the Contractor has notified the ContractingOfficer that the Disclosure Statement contains trade secrets and commercial or financialinformation which is privileged and confidential, the Disclosure Statement shall be protected andshall not be released outside of the Government.

Note (1): Sub-subcontractors shall be required to submit their Disclosure Statements tothe Subcontractor. However, if a Sub-subcontractor has previously submitted its DisclosureStatement to a Government Administrative Contracting Officer (ACO), it may satisfy thatrequirement by certifying to the Contractor the date of the Statement and the address of the- n -.-. . oContracting Officer. fl H J U U J I O

Note (2): In any case where a Sub-subcontractor determines that the DisclosureStatement information is privileged and confidential and declines to provide it to the

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Subcontractor or higher tier Sub-subcontractor, the Contractor (CHEM HELL) may authorizedirect submission of the Sub-subcontractor's .Disclosure Statement to the same Government officesto which the Subcontractor was required to make submission of its Disclosure Statement Suchauthorization shall in no way relieve the Subcontractor of liability if it or a Sub-subcontractor failsto comply with an applicable Cost Accounting Standard (CAS) or to follow any practice disclosedpursuant to this paragraph and such failure results in any increased costs paid by the UnitedStates or the Contractor (CH2M HILL). The Subcontract is subject to adjustment under thisclause by reason of any failure of the Subcontractor to comply with rules, regulations, andStandards as specified in FAR Subparts 30.3 and 30.4 in connection with covered subcontracts.Any Subcontractor subject to such indemnification shall require substantially similarindemnification to be submitted by its Subcontractors.

Note (3): The terms defined in FAR Subpart 30.3 and FAR 31.001 shall have the samemeanings in this clause. As there defined, "negotiated subcontract" means any subcontract excepta firm-fixed-price subcontract made by a Contractor or Subcontractor after receiving offers from atleast two persons not associated with each other or such Contractor or Subcontractor, providing

I (1) the solicitation to all competitors is identical, (2) price is the only consideration in selectingI the Subcontractor from among the competitors solicited, and (3) the lowest offer received in

compliance with the solicitation from among those solicited is accepted.

(3) (i) Follow consistently the Subcontractor's cost accounting practices.i A change to such practices may be proposed, however, by either the Contractor (CH2M HILL) or

the Subcontractor, and the Subcontractor agrees to negotiate with the Contractor (CH2M HILL)the terms and conditions under which a change may be made. After the terms and conditionsunder which the change is to be made have been agreed to, the change must be appliedprospectively to this Subcontract, and the Disclosure Statement, if affected, must be amendedaccordingly.

(ii) The Subcontractor shall, when the parties agree to a change to acost accounting practice and the Contractor (CH2M HILL) has made the finding that the changeis desirable and not detrimental to the interests of the Government, negotiate an equitableadjustment as provided in the "Changes" clause of this Subcontract. In the absence of therequired finding, no agreement may be made under this Subcontract clause that will increase costspaid by the United States.

I (4) Agree to an adjustment of the Subcontract price or cost allowance, asj appropriate, if the Subcontractor or a Sub-subcontractor fails to comply with the applicable CAS

or to follow any cost accounting practice, and such failure results in any increased costs paid bythe United States or CH2M HILL. Such adjustment shall provide for recovery of the increased

' costs to the United States or CH2M HILL together with interest thereon computed at the rateI determined by the Secretary of the Treasury pursuant to Pub. L. 92-41, 85 Stat. 7, from the time

the payment by the United States was made to the time the adjustment is effected.

! (b) If the parties fail to agree whether the Subcontractor has complied with an! applicable CAS, rule, or regulation as specified in FAR Subparts 30.3 and 30.4 and as to any cost

adjustment demanded by the United States, such failure to agree shall be a dispute within the, meaning of the "Disputes" clause of the Subcontract.

! (c) The Subcontractor shall permit any authorized representatives of the Governmentto examine and make copies of any documents, papers, and records relating to compliance withthe requirements of this clause.

(d) The Subcontractor shall include in all negotiated Subcontracts, which theSubcontractor enters into, the substance of this clause, except paragraph (b), and shall requiresuch inclusion in all other subcontracts of any tier, except that-

(1) If the Subcontract is awarded to a business unit which pursuant toFAR 30.201 is required to follow ail CAS, the clause entitled "Cost Accounting Standards," setforth in FAR 52.230-3, shall be inserted in lieu of this clause; or

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(2) This requirement shall apply only to negotiated subcontracts in excess of$100,000 where the price negotiated is not based on~

(i) Established catalog or market prices of commercial items sold insubstantial quantities to the general public; or

(ii) Price set by law or regulation; or

(3) The requirement shall not apply to negotiated subcontracts otherwiseexempt from the requirement to include a CAS clause as specified in FAR 30.201-1.ARTICLE 12 - SUBCONTRACTING

12.1. SUB-SUBCONTRACTS IN WRITING

The Subcontractor shall reduce to writing every sub-subcontract it awards exceeding $2,000for work under this Subcontract unless this requirement is waived in writing by the Contractor(CH2M HILL), and ensure that (i) each sub-subcontract contains a statement that the sub-subcontract is assignable to the Contractor (CH2M HILL) or the Government, (ii) each of thesesub-subcontracts is in the Subcontractor's own name, and (iii) none of these sub-subcontractsbinds or purports to bind the Government, the Contracting Officer, or the Contractor (CH2MHILL).

12.2. SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS(FAR 52.244-4S (DEVIATIONS

Any Subcontractors and outside associates or consultants required by the Subcontractor inconnection with the services covered by the Subcontract will be limited to individuals or firms thatwere specifically identified and agreed to during negotiations. The Subcontractor shall obtain theContractor's (CH2M HILL's) written consent before making any substitution for thesesubcontractors, associates, or consultants.

j 12.3. SUBCONTRACTS (FIXED-PRICE CONTRACTSS (FAR 52.244-1S (DEVIATIONS

(a) This clause does not apply to firm-fixed-price contracts and fixed-price contractsi with economic price adjustment. However, it does apply to subcontracts resulting from unpricedi modifications to such contracts.

(b) "Sub-subcontract," as used in this clause, includes but is not limited to purchasef orders, and changes and modifications to purchase orders. The Subcontractor shall notify thej Contractor (CH2M HILL) reasonably in advance of entering into any sub-subcontract if the

Subcontractor does not have an approved purchasing system and if the sub-subcontract-• (1) Is to be a cost-reimbursement, time-and-materials, or labor-hour contract

estimated to exceed $25,000 including any fee;

(2) Is proposed to exceed $100,000; or

! (3) Is one of a number of sub-subcontracts with a single Sub-subcontractor,under this contract, for the same or related supplies or services, that in the aggregate are expectedto exceed $100,000.

(c) The advance notification required by paragraph (b) above shall include-

(1) A description of the supplies or services to be sub-subcontracted;

(2) Identification of the type of sub-subcontract to be used;

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(3) Identification of the proposed Sub-subcontractor and an explanation ofwhy and how the proposed Sub-subcontractor was selected, including the competition obtained;

(4) The proposed sub-subcontract price and the Subcontractor's cost or priceanalysis;

(5) The Sub-subcontractor's current, complete, and accurate cost or pricingdata and Certificate of Current Cost or Pricing Data, if required by other subcontract provisions;

(6) The Sub-subcontractor's Disclosure Statement or Certificate relating toCost Accounting Standards when such data are required by other provisions of this subcontract;and

(7) A negotiation memorandum reflecting-

, (i) The principal elements of the subcontract price negotiations;

(ii) The most significant considerations controlling establishment ofinitial or revised prices;

(iii) The reason cost or pricing data were or were not required;

(iv) The extent, if any, to which the Subcontractor did not rely on thesub-subcontractor's cost or pricing data in determining the price objective and in negotiating thefinal price;

(v) The extent, if any, to which it was recognized in the negotiationthat the sub-subcontractor's cost or pricing data were not accurate, complete, or current; theaction taken by the subcontractor and sub-subcontractor; and the effect of any such defective dataon the total price negotiated;

(vi) The reasons for any significant difference between theSubcontractor's price objective and the price negotiated; and

(vii) A complete explanation of the incentive fee or profit plan whenincentives are used. The explanation shall identify each critical performance element, managementdecisions used to quantify each incentive element, reasons for the incentives, and a summary ofall trade-off possibilities considered.

(d) The Subcontractor shall obtain the Contractor's (CH2M HILL) written consentbefore placing any sub-subcontract for which advance notification is required under paragraph (b)above. However, the Contractor (CH2M HILL) may ratify in writing any such sub-subcontract.Ratification shall constitute the consent of the Contractor (CH2M HILL).

1 (e) Even if the Subcontractor's purchasing system has been approved, theSubcontractor shall obtain the Contractor's (CH2M HILL) written consent before placing sub-subcontracts that have been selected for special surveillance and so identified in the Schedule ofthis subcontract.

(f) Unless the consent or approval specifically provides otherwise, neither consent by, the Contractor (CH2M HILL) to any sub-subcontract nor approval of the Subcontractor'sI purchasing system shall constitute a determination (1) of the acceptability of any sub-subcontract

terms or conditions, (2) of the acceptability of any sub-subcontract price or of any amount paidunder any sub-subcontract, or (3) to relive the Subcontractor of any responsibility for performingthis subcontract.

I(g) No sub-subcontract placed under this subcontract shall provide for payment on a

cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursersubcontracts shall not exceed the fee limitations in subsection 15.903(d) of the FederalRegulation (FAR).

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OCTOBER 17, 1989

(h) The Contractor (CH2M HILL) reserves the right to review the Subcontractor'spurchasing system as set forth in FAR Subpart 44.3.

12.4 BUY AMERICAN ACT (SUPPLIES) (FAR 52.225-3S

(a) The Buy American Act (41 U.S.C. 10) provides that the Government givepreference to domestic end products.

"Components," as used in this clause, means those articles, materials, and suppliesincorporated directly into the end products.

"Domestic end product," as used in this clause, means (1) an unmanufactured end productmined or produced in the United States, or (2) an end product manufactured in the UnitedStates, if the .cost of its components mined, produced, or manufactured in the United Statesexceeds 50 percent of the cost of all its components. Components of foreign origin of the sameclass or kind as the products referred to in subparagraphs (b)(2) or (3) of this clause shall be"treated as domestic. Scrap generated, collected, and prepared for processing in the United Statesis considered domestic. On acquisition above $25,000 in value, components of Canadian originare treated as domestic.

"End products," as used in this clause, means those articles, materials, and supplies to beacquired for public use under this contract.

(b) The Subcontractor shall deliver only domestic end products, except those-

(1) For use outside the United States;(2) That the Government determines are not mined, produced, or

manufactured in the United States in sufficient and reasonably available commercial quantities ofa satisfactory quality;

(3) For which the agency determines that domestic preference would beinconsistent with the public interest; or

(4) For which the agency determines the cost to be unreasonable (see section25.105 of the Federal Acquisition Regulation).

(The foregoing requirements are administered in accordance with Executive Order 10582,dated December 17, 1954, as amended, and Subpart 25.1 of the Federal Acquisition Regulation.)

ARTICLE 13 - INSPECTION OF SERVICES - FIXED PRICE

13.1 INSPECTION OF SERVICES-FIXED-PRICE (52.246-4S (APR 1984S

(a) Definitions. "Services," as used in this clause, includes services performed,workmanship, and material furnished or utilized in the performance of services.

(b) The Subcontractor shall provide and maintain an inspection system acceptable tothe Contractor (CH2M HILL) covering the services under this contractor. Complete records ofall ins'pection work performed by the Subcontractor shall be maintained and made available to theContractor during subcontract performance and for as long afterwards as the subcontract requires.

(c) The Contractor (CH2M HILL) has the right to inspect and test all services calledfor by the subcontract, to the extent practicable at all times and places during the term of thesubcontract. The Contractor (CH2M HILL) shall perform inspections and tests in a manner thatwill not unduly delay the work.

(d) If any of the services do not conform with subcontract requirements, theContractor (CH2M HILL) may require the Subcontractor to perform the services again in

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conformity with contract requirements, at no increase in subcontract amount. When the defects inservices cannot be corrected by reperformance, the Contractor (CH2M HILL) may (1) require theSubcontractor to take necessary action to ensure that future performance conforms to subcontractrequirements and (2) reduce the subcontract price to reflect the reduced value of the servicesperformed.

(e) If the Subcontractor fails to promptly perform the services again or to take thenecessary action to ensure future performance in conformity with subcontract requirements, theContractor (CH2M HILL) may (1) by subcontract or otherwise, perform the services and chargeto the Subcontractor any cost incurred by the Contractor (CH2M HILL) that is directly related tothe performance of such service or (2) terminate the subcontract for default.

ARTICLE 14 - PAYMENTS TO SUBCONTRACTOR AND COMPLETION

14.1. NOTICE OF PROGRESS PAYMENTS (FAR 52.232-13S

The need for customary progress payments conforming to the regulations in Subpart 32.5of the Federal Acquisition Regulation (FAR) will not be considered as a handicap or adversefactor in the award of the contract. The Progress Payments clause included in this solicitation willbe included in any resulting contract, modified, or altered if necessary in accordance withsubsection 52.232-16 and its Alternate I of the FAR. Even though the clause is included in thecontract, the clause shall be inoperative during any time the Subcontractor's accounting systemand controls are determined by the Contractor (CH2M HILL) to be inadequate for segregationand accumulation of contract costs.

14.2. PROGRESS PAYMENTS (FAR 52.232-16S

Progress payments shall be made to the Subcontractor when requested as work progresses,but not more frequently than monthly in amounts approved by the Contractor (CH2M HILL),under the following conditions:

(a) Computation of amounts. (1) Unless the Subcontractor requests a smaller amount,each progress payment shall be computed as (i) 80 percent of the Subcontractor's cumulative totalcosts under this subcontract, as shown by records maintained by the Subcontractor for the purposeof obtaining payment under this subcontract, plus (ii) progress payments to Sub-subcontractors(see paragraph (j) below), all less the sum of all previous progress payments made by theContractor (CH2M HILL) under this subcontract. Cost of money that would be allowable under31.205.10 of the Federal Acquisition Regulation shall be deemed an incurred cost for progresspayment purposes.

(2) The following conditions apply to the timing of including costs in progresspayment requests:

(i) The costs of supplies and services purchased by the Subcontractordirectly for this subcontract may be included only after payment by cash, check, or other form ofactual payment.

(ii) Costs for the following may be included when incurred, even ifbefore payment, when the Subcontractor is not delinquent in payment of the costs of subcontractperformance in the ordinary course of business;

(A) Materials issued from the Subcontractor's stores inventoryand placed in the production process for use on this subcontract.

(B) Direct labor, direct travel, and other direct in-house costs.

(C) Properly allocable and allowable indirect costs.AR300523

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OCTOBER 17, 1989

(iii) Accrued costs of Subcontractor contributions under employeepension, profits sharing, and stock ownership plans shall be excluded until actually paid unless-

(A) The Subcontractor's practice is to contribute to the plansquarterly or more frequently; and

(B) The contribution does not remain unpaid 30 days afterthe end of the applicable quarter or shorter payment period (any contributions remaining unpaidshall be excluded from the Subcontractor's total costs for progress payments until paid).

(iv) If the subcontract is subject to the special transition methodauthorized in Cost Accounting Standard (CAS) 410, Allocation of Business Unit General andAdministrative Expense to Final Cost Objective, General and Administrative expenses (G&A)shall not be included in progress payment requests until the suspense account prescribed in CAS410 is less than-

(A) Five million dollars; or

(B) The value of the work in process inventories undercontracts entered into after the suspense account was established (only a pro rate share of theG<&A allocable to the excess of the inventory over the suspense account value is ineluctable inprogress payment requests under this subcontract).

(3) The Subcontractor shall not include the following in total costs forprogress payment purposes in subparagraph (a)(l)(i) above:

(i) Costs that are not reasonable, allocable to this subcontract, andconsistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by Sub-subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation oramoritization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors orsuppliers, except for-

(A) Completed work, including partial deliveries, to which theSubcontractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material sub-subcontracts to which the Subcontractor has acquired title.

(4) The amount of unliquidated progress payments may exceed neither (i) theprogress payments made against incomplete work (including allowable unliquidated progresspayments to subcontractors) nor (ii) the value, for progress payment purposes, of the incompletework. Incomplete work shall be considered to be the supplies and services required by thiscontract, for which delivery and invoicing by the Subcontractor and acceptance by the Contractor(CH2M HILL) are incomplete.

(5) The total amount of progress payments shall not exceed 80 percent of thetotal subcontract price.

(6) If a progress payment or the unliquidated progress payments exceed theamounts permitted by subparagraphs (a) (4) or (a) (5) above, the Subcontractor shall repay theamount of such excess to the Contractor (CH2M HILL) on demand.

(b) Liquidation. Except as provided in the Termination for Convenience of the o .Contractor (CH2M HILL) clause, all progress payments shall be liquidated by deducting from gr^ 3 0 0 5 L H

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OCTOBER 17, 1989

payment under this subcontract, other than advance or progress payments, the unliquidatedprogress payments,, or 80 percent of the amount invoiced, whichever is less. The Subcontractorshall repay to the Contractor (CH2M HILL) any amount required by a retroactive price reduction,after computing liquidations and payments on past invoices at the reduced prices and adjusting theunliquidated progress payments accordingly. The Contractor (CH2M HILL) reserves the right tounilaterally change from the ordinary liquidation rate to an alternative rate when deemedappropriate for proper contract financing.

(c) Reduction or suspension. The Contractor (CH2M HILL) may reduce or suspendprogress payments, increase the rate of liquidation, or take a combination of these acquisitions,after finding on substantial evidence any of the following conditions;

(1) The Subcontractor failed to comply with any material requirement of thissubcontract (which includes paragraphs (f) and (g) below).

(2) Performance of this subcontract is endangered by the Subcontractor's (i)failure to make progress or (ii) unsatisfactory financial condition.

(3) Inventory allocated to this subcontract substantially exceeds reasonablerequirements.

(4) The Subcontractor is delinquent in payment of the costs of performingthis subcontract in the ordinary course of business.

(5) The unliquidated progress payments exceed the fair value of the workaccomplished on the undelivered portion of this subcontract.

(6) The Subcontractor is realizing less profit than that reflected in theestablishment of any alternate liquidation rate in paragraph (b) above, and that rate is less thanthe progress payment rate stated in subparagraph (a)(l) above.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in theGovernment represented by the Contractor (CH2M HILL). Vesture shall be immediately uponthe date of this subcontract, for property acquired or produced before that date. Otherwise,vestiture shall occur when the property is or should have been allocable or properly chargeable tothis contract.

(2) "Property," as used in this clause, includes all of the below-described itemsacquired or produced by the Subcontractor that are or should be allocable or properly chargeableto this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which theContractor (CH2M HILL) is to acquire title on behalf of the Government under any other clauseof this contract;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds,patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which wouldnot be obtained as special tooling under subparagraph (ii) above; and

(iv) Drawings and technical data, to the extent the Subcontractor orSub-subcontractors are required to deliver them to the Contractor (CH2M HILL) by other clausesof this subcontract.

(3) Although title to property is in the Government represented by theContractor (CH2M HILL) under this clause, other applicable clauses of this subcontract; e.g., the

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(4) The Subcontractor may sell any scrap resulting from production under thissubcontract without requesting the Contractor's (CH2M HILL) approval, but the proceeds shall becredited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vestedin the Government or the Contractor (CH2M HILL) under this clause, the Subcontractor mustobtain the Contractor's (CH2M HILL) advance approval of the action and the terms. TheSubcontractor shall (i) exclude the allocable costs of the property form the costs of contractperformance, and (ii) repay to the Contractor (CH2M HILL) any amount of unliquidated progresspayments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Subcontractor completes all of the obligations under thissubcontract, including liquidation of all progress payments, title shall vest in the Subcontractor forall property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Contractor (CH2M HILL)under this subcontract; or

(ii) Incorporated in supplies delivered to, and accepted by, theContractor-furnished (CH2M HILL) property shall not apply to property to which the Contractor(CH2M HILL) acquired title solely under this clause.

(7) The terms of this subcontract concerning liability for Contractor (CH2MHILL), the Subcontractor shall bear the risk of loss for property, the title to which vests in theGovernment represented by the Contractor (CH2M HILL) acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Contractor (CH2M HILL),the Subcontractor shall bear the risk of loss for property, the title to which vests in theGovernment represented by the Contractor (CH2M HILL) under this clause, except to the extentthe Contractor (CH2M HILL) expressly assumes the risk. The Subcontractor shall repay theContractor (CH2M HILL) an amount equal to the unliquidated progress payments that are basedon costs allocable to property that is damaged, lost, stolen, or destroyed.

(f) Control of costs and property. The Subcontractor shall maintain an accountingsystem and controls adequate for the proper administration of this clause.

(g) Reports and access to records. The Subcontractor shall promptly furnished reports,certificates, financial statements, and other pertinent information reasonably requested by theContractor (CH2M HILL) for the administration of this clause. Also, the Subcontractor shallgive the Contractor (CH2M HILL) reasonable opportunity to examine and verify theSubcontractor's books, records, and accounts.

(h) Special terms regarding default. If this subcontract is terminated under the Defaultclause, (i) the Subcontractor shall, on demand, repay to the Contractor (CH2M HILL) theamount of unliquidated progress payments and (ii) title shall vest in the Subcontractor, on fullliquidation of progress payments, for all property for which the Contractor (CH2M HILL) electsnot to require delivery under the Befault clause. The Contractor (CH2M HILL) shall be liablefor no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse theSubcontractor from performance of obligations under this subcontract or (ii) constitute a waiver ofany of the rights or remedies of the parties under the subcontract.

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(2) The Contractor's (CH2M HILL) rights and remedies under this clause (i)shall not be reclusive but rather shall be in addition to any other rights and remedies provided bylaw or this subcontract and (ii) shall not be affected by delayed, partial, or omitted exercise of anyright, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impairany further exercise under this clause or the exercise of any other right, power, or privilege of theContractor (CH2M HILL).

(j) Progress payments to Sub-subcontractors. The amounts mentioned in (a)(l)(ii)above shall be all progress payments to sub-subcontractors or divisions, if the following conditionsare met:

(1) The amounts included are limited to (i) the unliquidated remainder ofprogress payments made plus (ii) for small business concerns any unpaid Sub-subcontractorrequests for progress payments that the Subcontractor has approved for current payment in theordinary course of business.

(2) The Sub-subcontractor or interdivisional order is expected to involve aminimum of approximately 6 months between the beginning of work and the first delivery, or, ifthe subcontractor is a small business concern, 4 months.

(3) The terms of the Sub-subcontractor or interdivisional order concerningprogress payments-

(i) Are substantially similar to the terms of the clause at 52.232-16,Progress Payments, for any subcontractor that is a large business concern, or that clause with itsAlternate I for any Sub-subcontractor that is a small business concern;

(ii) Are at least as favorable to the Contractor (CH2M HILL) as theterms of this clause;

(iii) Are not more favorable to the Sub-subcontractor or division thanthe terms of this clause are to the Subcontractor;

(iv) Are in conformance with the requirements of paragraph 32.504(e)of the Federal Acquisition Regulation; and

(v) Subordinate all Sub-subcontractor rights concerning property towhich the Contractor (CH2M HILL) has title under the sub-subcontract to the Contractor's(CH2M HILL) right to require delivery of the property to the Contractor (CH2M HILL) if (A)the Subcontractor defaults or (B) the Sub-subcontractor becomes bankrupt or insolvent.

(4) The progress payment rate in the sub-subcontract is the customary rateused by the Contractor Agency, depending on whether the Sub-subcontractor is or is not a smallbusiness concern.

(5) The parties agree concerning any proceeds received by the Contractor(CH2M HILL) for property to which title has vested in the Contractor (CH2M HILL) under thesubcontractor terms, that the proceeds shall be applied to reducing any unliquidated progresspayments by the Contractor (CH2M HILL) to the Subcontractor under this contract.

(6) If no unliquidated progress payments to the Subcontractor remain, butthere are unliquidated progress payments that the Subcontractor has made to any Sub-subcontractor, the Subcontractor shall be subrogated to all the rights the Contractor (CH2MHILL) obtained through the terms required by this clause to be in any sub-subcontract, as if alsuch rights had transferred to the Subcontractor.

(7) The Subcontractor shall pay the Sub-subcontractor's progress paymentrequest under subdivision (j)(l)(ii) above, within a reasonable time after receiving the Contractor(CH2M HILL) progress payment covering those amounts.

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(8) To facilitate small business participation in subcontracting under thiscontract* the Subcontractor agrees to provide progress payments to small business concerns, inconformity with the standards for customary progress payments stated in Subpart 32.5 of theFederal Acquisition Regulation. The Subcontractor further agrees that the need for such progresspayments shall not be considered as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on Undefinitized Subcontract Actions. Notwithstanding any otherprogress payment provisions in this subcontract, progress payments may not exceed 80 percent ofcosts incurred on work accomplished under undefinitized subcontract actions. A "subcontractaction" is any action resulting in a subcontract, as defined in Subpart 2.1, including subcontractmodifications for additional supplies or services, but not including subcontract modifications thatare within the scope and under the terms of the subcontract, such as subcontract modificationsissued pursuant to the Changes clause, or funding and other administrative changes. This limita-tion shall apply to the costs incurred, as computed in accordance with paragraph (a) of thisclause, and shall remain in effect until the subcontract action is definitized. Costs incurred whichare subject to this limitation shall be segregated on Subcontractor progress payment requests and

, invoices from those costs eligible for higher progress payment rates. For purposes of progresspayment liquidation, as described in paragraph (b) of this clause, progress payments forundefinitized subcontract actions shall be liquidated at 80 percent of the amount invoiced forwork performed under the undefinitized subcontract action as long as the subcontract actionremains undefinitized. The amount of unliquidated progress payments for undefinitizedsubcontract actions shall not exceed 80 percent of the maximum liability of the Contractor(CH2M HILL) under the undefinitized subcontract action or such lower limit specified elsewherein the contract. Separate limits may be specified for separate actions.

14.3. DELETED

14.4. DELETED

14.5. DELETED

14.6. DELETED

14.7. DELETED

14.8. DELETED

14.9. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

The acceptance by the Subcontractor of the final payment shall release the Contractor(CH2M HILL) from all claims and all liability to the Subcontractor for all things done orfurnished in connection with the Work, and every act of the Contractor (CH2M HILL) and othersrelating to or arising out of the Work, except claims previously made in writing and still unsettled.No payment, however, final or otherwise, shall operate to release the Subcontractor or its Suretiesor insurers from obligations under the Subcontract Documents, as herein provided or as may beimposed by law.

14.10. DELETED

14.11. DELETED

14.12. DELETED

14.13. DELETED

14.14. INTEREST (FAR 52.232-17S (DEVIATIONS AR300528

When any amount becomes payable to the Government by the Contractor (CH2M HILL)under the Prime Contract provision FAR 52.232-17, and part or all of the amount is due from the

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OCTOBER 17, 1989

Subcontractor, the Subcontractor shall also be liable for its proportionate share of interest underthis clause from the time the Subcontractor becomes aware or the Contractor (CH2M HILL)gives its notice of the amount the Government claims to the time the Subcontractor pays theamount due plus interest to the Contractor (CH2M HILL) provided if the Contractor's (CH2MHILL's) liability for interest is reduced, the Subcontractor's liability will be reducedproportionately or as the reduction relates to the Subcontractor's Work.ARTICLE 15 - STOP WORK ORDERS. TERMINATION. AND DELAYS

15.1. STOP WORK ORDER (FAR 52.212-13S (DEVIATIONS

(a) The Contractor (CH2M HILL) may, at any time, by written order to theSubcontractor, require the Subcontractor to stop all, or any part, of the Work called for by thisSubcontract for a period of up to 90 days after the order is delivered to the Subcontractor, andfor any further period to which the parties may agree. The order shall be specifically identified asa stop-work order issued under this clause. Upon receipt of the order, the Subcontractor shallimmediately comply with its terms and take all reasonable steps to minimize the incurrence ofcosts allocable to the Work covered by the order during the period of Work stoppage. Within aperiod of 90 days after a stop-work is delivered to the Subcontractor, or within any extension ofthat period to which the parties shall have agreed, the Contractor (CH2M HILL) shall either -

(1) Cancel the stop-work order; or

(2) Terminate the Work covered by the order as provided in the "Default" orthe "Termination" clause of this Subcontract.

(b) If a stop-work order issued under this clause is canceled or the period of theorder or any extension thereof expires, the Subcontractor shall resume Work. The Contractor(CH2M HILL) shall make an equitable adjustment in the delivery schedule or Subcontract price,or both, and the Subcontract shall be modified, in writing, accordingly if—

(1) The stop-work order results in an increase in the time required for, or inthe Subcontractor's cost properly allocable to, the performance of any part of this Subcontract;and

(2) The Subcontractor asserts a claim for the adjustment within 30 days afterthe end of the period of Work stoppage, provided that, if the Contractor (CH2M HILL) decidesthe facts justify the action, the Contractor (CH2M HILL) may receive and act upon the claimasserted at any time before final payment under this Subcontract.

(c) If a stop-work order is not canceled and the Work covered by the order isterminated for the convenience of the Contractor (CH2M HILL), the Contractor (CH2M HILL)shall allow reasonable costs resulting from the stop-work order in arriving at the terminationsettlement.

(d) If a stop-work order is not canceled and the Work covered by the order isterminated for default, the Contractor (CH2M HILL) shall allow, by equitable adjustment orotherwis , reasonable costs resulting from the stop-work order.

15.2. TERMINATION (FIXED-PRICE SERVICE AND SUPPLYS (FAR 52.249-6S(DEVIATIONS

(a) (1) The Contractor (CH2M HILL) may, subject to paragraphs (c) and (d)below, by written notice of default to the Subcontractor, terminate this subcontract in whole or inpart if the Subcontractor fails to~

(i) Deliver the supplies or to perform the services within the timespecified in this subcontract or any extension;

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(ii) Make progress, so as to endanger performance of this subcontract(but see subparagraph (a) (2) below); or

(iii) Perform any of the other provisions of this subcontract (but seesubparagraph (a)(2) below).

(2) The Contractor's (CH2M HILL) right to terminate this subcontract undersubdivisions (l)(ii) and (l)(iii) above, may be exercised if the Subcontractor does not cure suchfailure within 10 days (or more if authorized in writing by the Contractor (CH2M HILL) afterreceipt of the notice from the Contractor (CH2M HILL) specifying the failure.

(b) If the Contractor (CH2M HILL) terminates this subcontract in whole or in part,it may acquire, under the terms and in the manner the Contractor (CH2M HILL) considersappropriate, supplies or services similar to those terminated, and the Subcontractor will be liableto the Contractor (CH2M HILL) for any excess costs for those supplies or services. However, theSubcontractor shall continue the work not terminated.

(c) Except for defaults of Sub-subcontractors at any tier, the Subcontractor shall notbe liable for any excess costs if the failure to perform the subcontract arises from causes beyondthe control and without the fault or negligence of the Subcontractor. Examples of such causesinclude (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereignor contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes,(8) freight embargoes, and (9) unusually severe weather. In each instance the failure to performmust be beyond the control and without the fault or negligence of the Subcontractor.

(d) If the failure to perform is caused by the default of a Sub-subcontractor at anytier, and if the cause of the default is beyond the control of both the Subcontractor and Sub-subcontractor, and without the fault or negligence of either, the Subcontractor shall not be liablefor any excess costs for failure to perform, unless the sub-subcontracted supplies or services wereobtainable from other sources in sufficient time for the Subcontractor to meet the requireddelivery schedule.

(e) If this subcontract is terminated for default, the Contractor (CH2M HILL) mayrequire the Subcontractor to transfer title and deliver to the Contractor (CH2M HILL), asdirected by the Contractor (CH2M HILL), any (1) completed supplies, and (2) partially completedsupplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contractrights (collectively referred to as "manufacturing materials" in this clause) that the Subcontractorhas specifically produced or acquired for the terminated portion of this subcontract. Upondirection of the Contractor (CH2M HILL), the Subcontractor shall also protect and preserveproperty in its possession in which the Contractor (CH2M HILL) has an interest.

(f) The Contractor (CH2M HILL) shall pay contract price for completed suppliesdelivered and accepted. The Subcontractor and Contractor (CH2M HILL) shall agree on theamount of payment for manufacturing materials delivered and accepted and for the protection andpreservation of the property. Failure to agree will be a dispute under the Disputes clause. TheContractor (CH2M HILL) may withhold from these amounts any sum the Contractor (CH2MHILL) determines to be necessary to protect the Contractor (CHEM HILL) against loss becauseof outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Subcontractor was not in default, orthat the default was excusable, the rights and obligations of the parties shall be the same as if thetermination had been issued for the convenience of the Contractor (CH2M HILL).

(h) The rights and remedies of the Contractor (CH2M HILL) in this clause are inaddition to any other rights and remedies provided by law or under this subcontract.

AR300530

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153. EXCUSABLE DELAYS (FAR 52.249-14S (DEVIATIONS

(a) Except for defaults of Sub-subcontractors at any tier, the Subcontractor shall notbe in default because of any failure to perform this Subcontract under its terms if the failurearises from causes beyond the control and without the fault or negligence of the Subcontractor.Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Governmentin either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantinerestrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance,the failure to perform must be beyond the control and without the fault or negligence of theSubcontractor. "Default" includes failure to make progress in the Work so as to endangerperformance.

(b) If the failure to perform is caused by the failure of a Sub-subcontractor at anytier to perform or make progress, and if the cause of the failure was beyond the control of boththe Subcontractor and Sub-subcontractor, and without the fault or negligence of either, theSubcontractor shall not be deemed to be in default, unless ~

(1) The subcontracted supplies or services were obtainable from othersources;

(2) The Contractor (CH2M HILL) ordered the Subcontractor in writing topurchase these supplies or services from the other source; and

(3) The Subcontractor failed to comply reasonably with this order.

(c) Upon request of the Subcontractor, the Contractor (CH2M HILL) shall ascertainthe facts and extent of the failure. If the Contractor (CH2M HILL) determines that any failureto perform results from one or more of the causes above, the delivery schedule shall be revised,subject to the rights of the Contractor (CH2M HILL) under the termination clause of thisSubcontract.

ARTICLE 16 - DISPUTES

16.1. DISPUTES (FAR S2.233-1S (DEVIATIONS

(a) The parties to this Subcontract acknowledge and understand that the PrimeContract Documents include the current version of the "Disputes" Clause as set forth in FAR52.233-1, and further the Prime Contract is subject to the Contract Disputes Act of 1978 (41U.S.C Section 601-613) (the "Act").

(b) Parties acknowledge and understand that all disputes arising under or relating tothe Prime Contract involving a "Subcontractor claim," as hereinafter defined, shall be resolvedunder this Clause and the Act except where they provide no remedy.

(c) "Subcontractor claim," as used in this Clause, means a written demand or writtenassertion by one of the Subcontracting parties seeking, as a matter of right, the payment of moneyin a sum certain, the adjustment or interpretation of Subcontract terms, or other relief arisingunder or derived from the Prime Contract as a result of government action or omission such thatjt would constitute a "claim" under the "Disputes" Clause thereunder. A voucher, invoice, orother routine request for payment that is not in dispute when submitted is not a "Subcontractorclaim" hereunder. The submission may be converted to a "Subcontractor claim" hereunder if it isdisputed either as to liability or amount, or is not acted upon in a reasonable time, by complyingwith the submission and certification requirements, to the extent applicable, of the Prime ContractDisputes Clause.

(d) Only if paragraphs (b) and (c) above provide no remedy, disputes between theparties hereto shall be determined in accordance with other applicable law or epntnrctoahprovisions contained in the Subcontract without regard to, and independent of, anyHcWimsU)tJdisputes or entitlement thereunder arising under the Prime Contract Disputes Clause or the Act."

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(e) (1) A Subcontractor claim, as hereinabove defined, shall be made in writingand submitted to the Contractor (CH2M HILL). The Contractor (CH2M HILL) shall thereafterpromptly forward such claim, separately or in combination with its claims and those of otherSubcontractors, to the Contracting Officer for final decision. In the event of a claim by theGovernment against the Contractor (CH2M HILL), which the Contractor (CH2M HILL) contendsshould involve adjustment of this Subcontract, the Contractor (CH2M HILL) shall promptly givewritten notice to the Subcontractor of any such claims by the Government.

(2) The Contractor (CH2M HILL) may submit to the Government anySubcontractor claim, as hereinabove defined, in such form and subject to the requirements of thePrime Contract Disputes Clause and the Act. The Contractor (CH2M HILL) shall certify suchclaim submittal to the extent required and in the form and manner required by the PrimeContract Disputes Clause and the Act. To the extent that the Subcontractor claim itself exceeds$50,000.00, or to the extent that the Subcontractor claim in combination with such other interre-lated claims by other Subcontractors or the Prime Contractor (CH2M HILL) to the Governmentexceed $50,000.00 and the Prime Contractor (CH2M HILL) so requests in writing, the Subcon-tractor shall submit with its claim a certification that:

(i) The claim is made in good faith;

(ii) The supporting data are accurate and complete to the best of theSubcontractor's knowledge and belief; and

(iii) The amount accurately reflects the Subcontract adjustment forwhich the Subcontractor believes the Government is liable.

(3) In the event that the Contractor (CH2M HILL) is required to certify anyclaim to the Government under the Prime Contract Disputes Clause and the Act, which includesas a component thereof any Subcontractor claim, as defined above, the Subcontractor shall providesuch information, substantiation, and assurances as reasonably required by the Prime Contractor(CH2M HILL) including, but not limited to, adequate cost and pricing data, in order to supportsuch certification by the Prime Contractor (CH2M HILL) of the entire claim including theSubcontractor's portion thereof. (The Prime Contractor (CH2M HILL) reserves the right torefuse to submit a Subcontractor claim it considers unsubstantiated or improperly certified by theSubcontractor.)

(4) (i) If the Subcontractor is an individual, the certification shall beexecuted by that individual.

(ii) If the Subcontractor is not an individual, the certification shall beexecuted by:

(A) A senior company official in charge at the Subcontractor'sPlant or location involved; or

(B) An officer or general partner of the Subcontractor havingoverall responsibility for the conduct of the Subcontractor's affairs.

(f) The Subcontractor agrees to indemnify and hold harmless the Contractor (CH2MHILL) from any liability, responsibility, or penalty that may be imposed upon it by theGovernment as the result of any false or improper certification by the Subcontractor providedunder the terms of this paragraph or as the result of the Prime Contractor's (CH2M HILL's)reasonable reliance upon the information, substantiation, or assurance provided by theSubcontractor in support of its claim and the Prime Contractor's (CH2M HILL's) certificationthereof- AR300532

(g) EPA's decision shall be final unless the Subcontractor fully complies in a timely' "manner with all requirements of this Disputes Clause, so as to permit the Contractor (CH2MHILL) to file a timely appeal or law suit under the Act. The Contractor (CH2M HILL) may at

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its discretion permit the Subcontractor to prosecute a claim via appeal or suit as provided in theAct, using the name and standing of the Prime Contractor (CH2M HILL). The Subcontractormust request that Contractor (CH2M HILL) file either an appeal or a suit and must submit thatrequest, including its detailed claim and complaint/pleadings, 30 days before Contractor (CH2MHILL) is required to file the same. (Appeals must be filed with the Board of Contract Appealsno later than 90 days after the EPA decision is signed; suits must be filed in the U.S. ClaimsCourt no later than 360 days after the EPA decision is signed.) The Subcontractor may not filesuit against the Contractor (CH2M HILL) in any State or Federal District Court unless, withinthe times required by this clause, it has requested the Contractor (CH2M HILL) to protect itsrights under the Prime Contract Disputes Clause and the Contractor (CH2M HILL) has declined,in writing, to do so.

(h) Any amounts paid by the Government to the Prime Contractor (CH2M HILL) orultimately recovered from the Government by the Prime Contractor (CH2M HILL) as a result ofthe prosecution of a Subcontractor claim shall, together with any interest thereupon as hereinprovided, be paid to the Subcontractor within a reasonable time after receipt by the PrimeContractor (CH2M HILL), less Prime Contractor's (CH2M HILL's) overhead and fee and furtherreduced by all unpaid legal costs, fees and expenses which are the Subcontractor's obligation. Tothe extent that the Government is obligated under the Act to pay interest on any amount founddue and unpaid relative to a Subcontractor claim as submitted hereunder, such interest shall bepaid by the Contractor (CH2M HILL) to the Subcontractor with the principal payment.

(i) The Contractor (CH2M HILL) and the Subcontractor shall proceed diligently withthe performance of the Subcontract, pending final resolution of any requests for relief, claim,appeal, or action arising under or relating to the Subcontract, and comply with any decision of theContracting Officer.

(j) Disputes involving more than one trade or contractor shall be coordinated by theContractor (CH2M HILL) with each Subcontractor having the right to be represented by its owncounsel at its sole cost and expense as well as having the right to participate in all mattersrelevant to the pending Subcontractor claim. In a Subcontract claim brought by the Subcontractorunder this clause, the Subcontractor shall be required to bear all costs of presenting its claim,including the costs of independent legal counsel. All costs, including, but not limited to, courtcosts, attorneys fees, expert witness fees, travel, postage, photocopying, and other costs incurred bythe Prime Contractor (CH2M HILL) in reviewing, coordinating, evaluating, appearing, and anyother function as a result of the Subcontractor presenting its claim to the Prime Contractor(CH2M HILL) and prosecuting its claim under this clause shall be borne by the Subcontractor.

16.2. CHOICE OF LAW

Irrespective of the place of performance, the provisions in the Subcontract clauses orother federal clauses incorporated into the Subcontract will be construed and interpretedaccording to the federal common law of government contracts as enunciated and applied byfederal judicial bodies, boards of contract appeals, and quasi-judicial agencies of the federalgovernment. To the extent that the federal common law of government contracts is notdispositive or other matters not arising under or related to the Subcontract performance are indispute, the laws of the state where the project is located shall apply.

ARTICLE 17 - MISCELLANEOUS PROVISIONS

17.1. RIGHTS ARE NOT EXCLUSIVE

The rights and remedies of the Contractor (CH2M HILL) provided in this Subcontractshall not be exclusive and are in addition to any other rights and remedies provided by law orequity or under the Subcontract Documents.

! AR30053337

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17.2. NO WAIVER

No waiver by either party of any default by the other party in the performance of anyprovision of the Subcontract Documents shall operate as or be construed as a waiver of any futuredefault whether like or different in character.

17.3. SEVERABILITY

I If any of the Standard Terms and Conditions of this Subcontract shall be finallydetermined to be invalid or unenforceable in whole or part, the remaining provisions hereof shallremain in full force and effect, and be binding upon the parties hereof. The parties agree toreform this Agreement to replace any such invalid or unenforceable provision with a valid andenforceable provision that comes as close as possible to the intention of the stricken provision.

17.4. SURVIVAL

Any terms and conditions of this Subcontract intended by their terms to survive theSubcontract completion date, including but not limited to indemnification, record keepingrequirements, and price reduction based on cost and pricing data, latent and patent defects,warranty and other provisions, shall survive the completion of the services under this Subcontractand the termination of this Subcontract for any cause.

17.5. NO THIRD PARTY BENEFICIARIES

Nothing in this Subcontract is intended to, nor does it, create any third party beneficiaryrights.

17.6. NO PRIVITY OF CONTRACT WITH EPA

There is no privity of Contract between the United States EPA and the Subcontractorunder the Subcontract. The rights and remedies of the Subcontractor are limited as set forth inthe Disputes Clause of this Subcontract.

17.7. ASSIGNMENTS

This Subcontract and the rights and duties hereunder shall not be assigned, subcontracted,or transferred by the Subcontractor, in whole or in part, without the Contractor's (CH2M HILL's)prior written approval.

This Subcontract may be assigned to the Government upon written notice to theSubcontractor by the Contractor (CH2M HILL).

ARTICLE 18 - OTHER GENERAL CONDITIONS

18.1. ADDITIONAL DATA REQUIREMENTS (FAR 52.227-16S (DEVIATIONS

(a) In addition to the data (as defined in the clause at 52.227-14, Rights in Data--General clause, which is incorporated herein by reference, or other equivalent included in thisSubcontract) specified elsewhere in the Subcontract to be delivered, the Contractor (CH2M HILL)may, at any time during Subcontract performance or within a period of 3 years after acceptance ofall items to be delivered under this Subcontract, order any data first produced or specifically usedin the performance of this Subcontract.

(b) The Rights in Data-General clause or other equivalent included in thisSubcontract is applicable to all data ordered under this "Additional Data Requirements" clause.Nothing contained in this clause shall require the Subcontractor to deliver any data thewithholding of which is authorized by the Rights in Data-General or other equivalent clause ofthis Subcontract, or data which are specifically identified in this Subcontract as not subject to thisclause.

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(c) When data are to be delivered under this clause, the Subcontractor will becompensated for converting the data into the prescribed form, for reproduction, and for delivery.

(d) The Contractor (CH2M HILL) may release the Subcontractor from therequirements of this clause for specifically identified data items at any time during the 3-yearperiod set forth in paragraph (a) of this clause.

18.2. RIGHTS IN DATA-SPECIAL WORKS (FAR 52.227-17S (DEVIATIONS

(a) Definitions:"Data," as used in this clause, means recorded information regardless of form or the

medium on which it may be recorded. The term includes technical data and computer software.The term does not include information incidental to contract administration, such as financial,administrative, cost or pricing or management information.

"Unlimited rights," as used in this clause, means the right of the Government to use,disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publiclyand display publicly, an any manner and for any purpose whatsoever, and to have or permit othersto do so.

(b) Allocation of Rights.

(1) The Government shall have-(i) Unlimited rights in all data delivered under this Subcontract, and

in all data first produced in the performance of the Subcontract, except as provided in paragraph(c) of this clause for copyright.

(ii) The right to limit exercise of claim to copyright in data firstproduced in the performance of this Subcontract, and to obtain assignment of copyright in suchdata, in accordance with subparagraph (c)(l) of this clause.

(iii) The right to limit the release and use of certain data inaccordance with paragraph (d) of this clause.

(2) The Subcontractor shall have, to the extent permission is granted inaccordance with subparagraph (c)(l) of this clause, the right to establish claim to copyrightsubsisting in data first produced in the performance of this Subcontract.

(c) Copyright.

(1) Data first produced in the performance of this Subcontract.

(i) The Subcontractor agrees not to assert, establish, or authorizeothers to assert or establish, any claim to copyright subsisting in any data first produced in theperformance of this Subcontract without prior written permission of the Contractor (CH2MHILL). When claim to copyright is made,, the Subcontractor shall affix the appropriate copyrightnotice of 17 U.S.C. 401 or 402 and acknowledgement of Government sponsorship (includingSubcontract number) to such data when delivered to the Government, as well as when the dataare published or deposited for registration as a published work in the U.S. Copyright Office. TheSubcontractor grants to the Government, and others acting on its behalf, a paid-up nonexclusive,irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distributecopies to the public, and perform publicly and display publicly, by or on behalf of theGovernment.

(ii) If the Government desires to obtain copyright in data firstproduced in the performance of this Subcontract and permission has not been granted as set forthin subdivision (c)(l)(i) of this clause, the Contractor (CH2M HILL) may direct the Subcontractor

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to establish, or authorize the establishment of, claim to copyright in such data and to assign, orobtain the assignment of, such copyright to the Government to its designated assignee.

(2) Data not first produced in the performance of this Subcontract. TheSubcontractor shall not, without prior written permission of the Contractor (CH2M HILL),incorporate in data delivered under this Subcontract" any data not first produced in theperformance of this Subcontract and which contain the copyright notice of 17 U.S.C. 401 or 402,unless the Subcontractor identifies such data and grants to the Government, or acquires on itsbehalf, a license of the same scope as set forth in subparagraph (c)(l) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in thisSubcontract, the Subcontractor shall not use for purposes other than the performance of thisSubcontract, nor shall the Subcontractor release, reproduce, distribute, or publish any data firstproduced in the performance of this Subcontract, nor authorize others to do so, without writtenpermission of the Contractor (CH2M HILL).

(e) Indemnity. The Subcontractor shall indemnify the Contractor (CH2M HILL) andthe Government and their officers, agents, and employees acting for the Government against anyliability, including costs and expenses, incurred as the result of the violation of trade secrets,copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or useof any data furnished under this Subcontract; or any libelous or other unlawful matter containedin such data. The provisions of this paragraph do not apply unless the Government providesnotice to the Subcontractor as soon as practicable of any claim or suit, affords the Subcontractoran opportunity under applicable laws, rules, or regulations to participate in the defense thereof,and obtains the Subcontractor's consent to the settlement of any suit or claim other than asrequired by final decree of a court of competent jurisdiction; nor do these provisions apply tomaterial furnished to the Subcontractor by the Contractor (CH2M HILL) or the Government andincorporated in data to which this clause applies.

18.3. GRATUITIES (FAR 52.203-3S (DEVIATIONS

I ' (a) The right of the Prime Contractor to proceed may be terminated by written noticeif, after notice and hearing, the agency head or a designee determines that the Prime Contractor,its agent, or another representative-

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer,official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatmentf under the contract.i

(b) The facts supporting this determination may be reviewed by any court havinglawful jurisdiction.

i! (c) If this Prime Contract is terminated under paragraph (a) above, the Government

is entitled-

(1) To pursue the same remedies as in a breach of the Prime Contract; and

(2) In addition to any other damages provided by law, to exemplary damagesof not less than 3 nor more than 10 times the cost incurred by the Prime Contractor(CH2M HILL) in giving gratuities to the person concerned, as determined by the agency head ora designee. (This subparagraph (c)(2) is applicable only if this Prime Contract uses moneyappropriated to the Department of Defense.)

i, (d) The rights and remedies of the Government provided in this clause shall not be

exclusive and are in addition to any other rights and remedies provided by law or under the Prime _ - -Contract. AR30Qb3b

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(e) To the extent that the right of the Prime Contractor (CH2M HILL) to proceedunder the Prime Contract is terminated by the Government as a result of a determination that agratuity had been given in violation of FAR 52.203-3, this Subcontract shall be terminated uponnotice thereof by the Prime Contractor (CH2M HILL). The rights of the parties shall bethereafter determined in accordance with the Subcontract clause hereof regarding "Termination(Cost Reimbursement)" of this Subcontractor subject to subparagraph (g) below.

(f) Inclusion of this clause is not intended to create or imply an agency relationshipbetween the Prime Contractor (CH2M HILL) and Subcontractor, nor is it intended to signify thatthe Subcontractor is a representative of the Prime Contractor (CH2M HILL) legally or factually.

(g) The Subcontractor agrees to indemnify the Prime Contractor (CH2M HILL) ifany of its actions, acting alone or in concert with anyone but the Prime Contractor(CH2M HILL), causes the Government to exercise its rights under this clause.

18.4. COVENANT AGAINST CONTINGENT FEES (FAR 52.203-5S (DEVIATIONS

(a) The Contractor (CH2M HILL) warrants to the Government that no person oragency has been employed or retained to solicit or obtain the Prime Contract upon an agreementor understanding for a contingent fee, except a bona fide employee or agency. For breach orviolation of this warranty, the Government has the right to annual the Prime Contract withoutliability or, in its discretion, to deduct from the Prime Contract price or consideration, orotherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial orselling agency, maintained by a contractor for the purpose of securing business, that neither exertsor proposes to exert improper influence to solicit or obtain Government contracts, nor hold itselfout as being able to obtain any Government contract, or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by acontractor and subject to the contractor's supervision and control as to time, place, and manner ofperformance, who neither exerts nor proposes to exert improper influence to solicit or obtainGovernment contracts, nor holds out as being able to obtain any Government contracts throughimproper influence.

"Contingent fee," as used in this clause, means any commission, percentage,brokerage, or other fee that is contingent upon the success that a person or concern has insecuring a Government contract.

"Improper influence," as used in this clause, means any influence that induces ortends to induce a Government employee or officer to give consideration or to act regarding aGovernment contract on any basis other than the merits of the matter.

(c) The Subcontractor agrees to indemnify the Prime Contractor (CH2M HILL) ifany of its actions, acting alone or in concert with anyone but the Prime Contractor (CH2MHILL), causes the Government to exercise its rights under this clause.

18.5. ANTI-KICKBACK PROCEDURES (FAR 52.203-7S (DEVIATIONS

(a) Definitions:

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity,thing of value, or compensation of any kind which is provided, directly or indirectly, to anycontractor, employee, subcontractor, or subcontractor employee for the purpose of improperlyobtaining or rewarding favorable treatment in connection with a prime contract or in connectionwith a subcontract relating to a Prime Contract.

"Person," as used in this clause, means a corporation, partnership, business association ofany kind, trust, joint-stock company, or individual.

AR30053741 - L" - - - . - -

OCTOBER 17, 1989

"Prime Contract," as used in this clause, means a contract or contractual action enteredinto by the United States for the purpose of obtaining supplies, materials, equipment, or servicesof any kind.

"Prime contractor employee," as used in this clause, means any officer, partner, employee,or agent of a prime contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered intoby a Prime Contractor (CH2M HILL) or Subcontractor for the purpose of obtaining supplies,materials, equipment, or services of any kind under a Prime Contract.

"Subcontractor," as used in this clause, (1) means any person, other than the PrimeContractor (CH2M HILL), who offers to furnish or furnishes any supplies, materials, equipment,or services of any kind under a Prime Contract or a Subcontract entered into in connection withsuch Prime Contract, and (2) includes any person who offers to furnish or furnishes generalsupplies to the Prime Contractor (CH2M HILL) or a higher tier Subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, oragent of a Subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) prohibits any personfrom —

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in thecontract price charged by a Prime Contractor (CH2M HILL) to the United States or in thecontract price charged by a Subcontractor to a Prime Contractor (CH2M HILL) or higher tierSubcontractor.

(c) (1) The Contractor (CH2M HILL) and Subcontractor shall have in place andfollow reasonable procedures designed to prevent and detect possible violations described in para-graph (b) of this clause in their own operations and direct business relationships.

(2) When the Subcontractor has reasonable grounds to believe that aviolation described in paragraph (b) of this clause may have occurred, the Subcontractor shallpromptly report in writing the possible violation. Such reports shall be made to the inspectorgeneral of the contracting agency, the head of the contracting agency if the agency does not havean inspector general, or the Department of Justice.

(3) The Subcontractor shall cooperate fully with any Federal agency-investigating a possible violation described in paragraph (b) of this clause.

(4) Regardless of the contract tier at which a kickback was provided,accepted, or charged under the contract in violation of paragraph (b) of this clause, theContracting Officer may —

(i) Offset the amount of the kickback against any monies owed bythe United States under the Prime Contract and/or (ii) direct that the Prime Contractor (CH2MHILL) withhold from sums owed the Subcontractor, the amount of the kickback. The ContractingOfficer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over tothe Government unless the Government has already offset those monies under subdivision(c)(4)(i) of this clause. In the latter case, the Contractor (CH2M HILL) shall notify theContracting Officer when the monies are withheld.

(5) The Subcontractor agrees to incorporate the substance of this clause,"including this subparagraph (c)(5), in all subcontracts under this subcontract.

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(6) The Subcontractor agrees to indemnify the Prime Contractor (CH2MHILL) if any of its actions, acting alone or in concert with anyone but the Prime Contractor(CH2M HILL), causes the Government to exercise its rights under this clause.

18.6. RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT(FAR 52.203-6S (DEVIATIONS

(a) Except as provided in (b) below, the Subcontractor shall not enter into anyagreement with an actual or prospective Sub-subcontractor, nor otherwise act in any manner,.which has or may have the effect of restricting sales by such Sub-subcontractors directly to theGovernment of any item or process (including computer software) made or furnished by theSubcontractor under this Subcontract or under any follow-on production contract

(b) The prohibition in (a) above does not preclude the Subcontractor from assertingrights that are otherwise authorized by law or regulation.

(c) The Subcontractor agrees to incorporate the substance of this clause, includingthis paragraph (c), in all subcontracts under this Subcontract.

18.7. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALLDISADVANTAGED BUSINESS CONCERNS (FAR 52.219-8S DEVIATION

(a) It is the policy of the United States that small business concerns and smallbusiness concerns owned and controlled by socially and economically disadvantaged individualsshall have the maximum practicable opportunity to participate in performing contracts let by anyfederal agency, including contracts and Subcontracts for subsystems, assemblies, components, andrelated services for major systems. It is further the policy of the United States that its PrimeContractors (CH2M HILL) establish procedures to ensure the timely payment of amounts duepursuant to the terms of their Subcontracts with small business concerns and small businessconcerns owned and controlled by socially and economically disadvantaged individuals.

(b) The Subcontractor hereby agrees to carry out this policy in the awarding ofSubcontracts to the fullest extent consistent with efficient Subcontract performance. TheSubcontractor further agrees to cooperate in any studies or surveys as may be conducted by theUnited States Small Business Administration or the awarding agency of the United States as maybe necessary to determine the extent of the Subcontractor's compliance with this clause.

(c) As used in this Subcontract, the term "small business concern" shall mean a smallbusiness as defined pursuant to section 3 of the Small Business Act and relevant regulationspromulgated pursuant thereto. The term "small business concern owned and controlled by sociallyand economically disadvantaged individuals" shall mean a small business concern ~

(1) Which is at least 51 percent owned by one or more socially andeconomically disadvantaged individuals; or, in the case of any publicly owned business, at least 51per centum of the stock of which is owned by one or more socially and economicallydisadvantaged individuals; and

(2) Whose management and daily business operations are controlled by oneor more of such individuals.

The Subcontractor shall presume that socially and economically disadvantaged individualsinclude Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans and other minorities, or any other individual found to be disadvantaged by theAdministration pursuant to section 8(a) of the Small Business Act.

(d) Subcontractors acting in good faith may rely on written representations by theirSub-subcontractors or suppliers regarding their status as either a small business concern or a smallbusiness concern owned and controlled by socially and economically disadvantaged individuals. ,

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LL OCTOBER 17, 1989

18.8. SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESSSUBCONTRACTING PLAN (FAR 52.219-9S (DEVIATIONS

(a) This clause does not apply if the Prime Contract was let by competitive biddingand it does not apply to small business concerns or to Subcontracts less than $1,000,000.

(b) "Commercial product," as used in this clause, means a product in regularproduction that is sold in substantial quantities to the general public and/or industry at establishedcatalog or market prices. It also means a product which, in the opinion of the ContractingOfficer, differs only insignificantly from the Contractor's (CH2M HILL's) commercial product.

"Subcontract," as used in this clause, means any agreement (other than one involving anemployer-employee relationship) entered into by a Federal Government Prime Contractor (CH2MHILL) or Subcontractor calling for supplies or services required for performance of the contractor Subcontract.

(c) The Subcontractor shall submit a Subcontracting plan similar to the plan agreedupon by the Prime Contractor (CH2M HILL). Failure to submit a Subcontracting plan will makethe Subcontractor ineligible for award of the Subcontract. Paragraphs (d) through (g) below setforth provisions for a Subcontracting plan like those the Prime Contractor's (CH2M HILL's) planmust have, the Subcontractor's plan must be similar. FAR Section 19.704 sets forth elements ofSubcontracting plans.

(d) The Subcontractor's Sub-subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned Sub-subcontracting dollars, for the use of small business concerns and small disadvantaged businessconcerns as Subcontractors. The Subcontractor shall include all sub-subcontracts that contributeto contract performance, and may include a proportionate share of products and services that arenormally allocated as indirect costs.

(2) A statement of:

(i) Total dollars planned to be sub-subcontracted;

(ii) Total dollars planned to be sub-subcontracted to small businessconcerns; and

(iii) Total dollars planned to be sub-subcontracted to smalldisadvantaged business concerns.

(3) A description of the principal types of supplies and services to be Sub-subcontracted, and an identification of the types planned for Sub-subcontracting to (i) smallbusiness concerns and (ii) small disadvantaged business concerns.

(4) A description of the method used to develop the sub-subcontracting goalsin (1) above.

(5) A description of the method used to identify potential sources forsolicitation purposes (e.g., existing company source lists, the Procurement Automated SourceSystem (PASS) of the Small Business Administration,.the National Minority Purchasing CouncilVendor Information Service, the Research and Information Division of the Minority BusinessDevelopment Agency in the Department of Commerce, or small and small disadvantaged businessconcerns trade associations).

(6) A statement as to whether or not the Subcontractor included indirectcosts in establishing sub-subcontracting goals, and a description of the method used to deternnre 3 0 0 5 U 0the proportionate share of indirect costs to be Incurred with (i) small business concerns 'ana . . _ . , -(ii) small disadvantaged business concerns.

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(7) The name of the individual employed by the Subcontractor who willadminister the Subcontractor's Sub-subcontracting program, and a description of the duties of theindividual.

(8) A description of the efforts the Subcontractor will make to assure thatsmall business concerns and small disadvantaged business concerns have an equitable opportunityto compete for sub-subcontracts.

(9) Assurances that the Subcontractor will include the clause in thisSubcontract entitled "Utilization of Small Business Concerns and Small Disadvantaged BusinessConcerns" in all sub-subcontracts that offer further Subcontracting opportunities, and that theSubcontractor will require all Sub-subcontractors (except small business concerns) who receivesub-subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility) to adopta plan similar to the plan agreed to by the Subcontractor.

(10) Assurances that the Subcontractor will (i) cooperate in any studies orsurveys as may be required, (ii) submit periodic reports in order to allow the Government todetermine the extent of compliance by the Subcontractor with the Sub-subcontracting plan,(iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/orSF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and(iv) ensure that its Sub-subcontractors agree to submit Standard Forms 294 and 295.

(11) A recitation of the types of records the Subcontractor will maintain todemonstrate procedures that have been adopted to comply with the requirements and goals in theplan, including establishing source lists; and a description of its efforts to locate small and smalldisadvantaged business concerns and award sub-subcontracts to them. The records shall include atleast the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Sources list, guides, and other data that identify small and smalldisadvantaged business concerns.

(ii) Organizations contacted in an attempt to locate sources that aresmall or small disadvantaged business concerns.

(iii) Records on each sub-subcontract solicitation resulting in an awardof more than $100,000, indicating (A) whether small business concerns were solicited and if not,why not, (B) whether small disadvantaged business concerns were solicited and if not, why not,and (C) if applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact (A) trade associations,(B) business development organizations, and (C) conferences and trade fairs to locate small andsmall disadvantaged business sources.

(v) Records of internal guidance and encouragement provided tobuyers through (A) workshops, seminars, training, etc., and (B) monitoring performance toevaluate compliance with the program's requirements.

(vi) On a contract-by-contract basis, records to support award datasubmitted by the Subcontractor through the Contractor (CH2M HILL) to the Government,including the name, address, and business size of each Sub-subcontractor. Subcontractors havingcompany or division-wide annual plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficientSubcontract performance, the Subcontractor shall perform the following functions:

(1) Assist small business and small disadvantaged business concerns bi /•> ri n C !arranging solicitations, time for the preparation of bids, quantities, specifications, and delif?i{\ o U U U schedules so as to facilitate the participation by such concerns. Where the Subcontractor lists- of - - • • ~potential small business and small disadvantaged Subcontractors are excessively long, reasonable

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effort shall be made to give all such small business concerns an opportunity to compete over aperiod of time.

(2) Provide adequate and timely consideration of the potentialities of smallbusiness and small disadvantaged business concerns in all "make-or-buy" decisions.

(3) Counsel and discuss sub-subcontracting opportunities with representativesof small and small disadvantaged business firms.

(f) A master Subcontracting plan on a plant or divisionwide basis which contains allthe elements required by (d) above, except goals, may be incorporated by reference as a part ofthe sub-subcontracting plan required of the Subcontractor by this clause; provided,

(1) The master plan has been approved,

(2) The Subcontractor provides copies of the approved master plan andevidence of its approval to the Contracting Officer through the Contractor (CH2M HILL), and

(3) Goals and any deviations from the master plan deemed necessary by theContractor (CH2M HILL) to satisfy the requirements of this Subcontract are set forth in the indi-vidual Subcontracting plan.

(g) (1) If a commercial product is offered, the sub-subcontracting plan requiredby this clause may relate to the Subcontractor's production generally, for both commercial andnoncommercial products, rather than solely to the Government contract. In these cases, theSubcontractor shall, with the concurrence of the Contractor (CH2M HILL), submit one company--wide or division-wide annual plan.

(2) The annual plan shall be reviewed for approval by the agency awarding. the first Prime Contract under which the Subcontractor must submit a Subcontracting plan during

the fiscal year, or by an agency satisfactory to the Contracting Office.

(3) The approved plan shall remain in effect during the Subcontractor's fiscall year for all of the Subcontractor's commercial products.

, (h) Prior compliance of the Subcontractor with other such Subcontracting plans underj . previous contracts will be considered by the Contractor (CH2M HILL) in determining the respon-' sibility of the Subcontractor for award of the Subcontract.

f (i) The failure of the Subcontractor to comply in good faith with (1) the clause ofi this Subcontract entitled "Utilization of Small Business Concerns and Small Disadvantaged' Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of

the Subcontract.

I 18.9. UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (FAR 52.219-13S(DEVIATIONS

(a) "Women-owned small businesses," as used in this clause, means businesses that are! at least 51 percent owned by women who are United States citizens and who also control and

operate the business.

| "Control," as used in this clause, means exercising the power to make policy decisions.

"Operate," as used in this clause, means being actively involved in the day-to-daymanagement of the business.

l'(b) It is the policy of the United States that women-owned small businesses shall jwye q n n FT I, O

the maximum practicable opportunity to participate in performing contracts awarded byftny u U U D 14 £federal agency. - - - - - -

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(c) The Subcontractor agrees to use its best efforts to give women-owned smallbusinesses the maximum practicable opportunity to participate in the sub-subcontracts it awardsto the fullest extent consistent with the efficient performance of its contract.

(d) The Subcontractor may rely on written representations by its Sub-subcontractorsregarding their status as women-owned small businesses.

18.10. UTILIZATION OF LABOR SURPLUS AREA CONCERNS (FAR 52.220-31(DEVIATIONS

(a) Applicability. This clause is applicable if the Prime Contract exceeds theappropriate small purchase limitation in Part 13 of the Federal Acquisition Regulation, theSubcontract offers substantial Labor Surplus Area Subcontracting opportunities, and the clause setforth in FAR 52.220-4 mandates its inclusion.

(b) Policy. It is the policy of the Government to award contracts to concerns thatagree to perform substantially in labor surplus areas (LSAs) when this can be done consistentwith the efficient performance of the contract and at prices no higher than are obtainableelsewhere. The Subcontractor agrees to use its best efforts to place sub-subcontracts inaccordance with this policy.

(c) Order of preference. In complying with paragraph (b) above and withparagraph (c) of the clause of this Subcontract entitled "Utilization of Small Business Concernsand Small Disadvantaged Business Concerns," the Subcontractor shall observe the following orderof preference in awarding Subcontracts: (1) small business concerns that are LSA concerns,(2) other small business concerns, and (3) other LSA concerns.

(d) Definitions:

"Labor surplus area," as used in this clause, means a geographical area identified by theDepartment of Labor in accordance with 20 CFR 654, Subpart A, as an area of concentratedunemployment or underemployment or an area of labor surplus.

"Labor surplus area concern," as used in this clause, means a concern that together withits first-tier Subcontractors will perform substantially in labor surplus areas. Performance issubstantially in labor surplus areas if the costs incurred under the Subcontract on account ofmanufacturing, production, or performance of appropriate services in labor surplus areas exceed 50percent of the Subcontract price.

18.11. LABOR SURPLUS AREA SUBCONTRACTING PROGRAM (FAR 52.22Q-4S(DEVIATIONS

This clause applies to all Subcontracts that exceed $500,000 and offer substantial LaborSurplus Area Subcontracting opportunities.

(a) See the "Utilization of Labor Surplus Area Concerns" clause of this Subcontractfor applicable definitions.

(b) The Subcontractor agrees to establish and conduct a program to encourage laborsurplus area (LSA) concerns to compete for sub-subcontracts within their capabilities when thesub-subcontracts are consistent with the efficient performance of the Subcontract at prices nohigher than obtainable elsewhere. The Subcontractor shall -

(1) Designate a liaison officer who will (i) maintain liaison with authorizedrepresentatives of the Government on LSA matters, (ii) supervise compliance with the "Utilizationof Labor Surplus Area Concerns" clause, and (iii) administer the Subcontractor's labor surplarea sub-subcontracting program;

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(2) Provide adequate and timely consideration of the potentialities of LSAconcerns in all make-or-buy decisions;

(3) Ensure that LSA concerns have an equitable opportunity to compete forsub-subcontracts, particularly by arranging solicitations, time for the preparation of offers,quantities, specifications, and delivery schedules so as to facilitate the participation of LSAconcerns;

(4) Include the "Utilization of Labor Surplus Area Concerns" clause in sub-subcontracts that offer substantial LSA subcontracting opportunities; and

(5) Maintain records showing (i) the procedures adopted and (ii) theSubcontractor's performance, to comply with this clause. The records will be kept available forreview by the Government until the expiration of 1 year after the award of the Prime Subcontract,or for such longer period as may be required by any other clause of the Contract or by applicablelaw or regulations.

(c) The Subcontractor further agrees to insert in any related sub-subcontract orpurchase orders that may exceed $500,000 and that contain the "Utilization of Labor Surplus AreaConcerns" clause, terms that conform substantially to the language of this clause, including thisparagraph (c), and to notify the Contractor (CH2M HILL) of the names of its Sub-subcontractorsor suppliers in order that the Contractor (CH2M HILL) can appropriately notify the ContractingOfficer.

18.12. NOTICE OF LABOR DISPUTES (FAR 52.222-1S (DEVIATIONS

(a) If the Subcontractor has knowledge that any actual or potential labor dispute isdelaying or threatens to delay the timely performance of this Subcontract, the Subcontractor shallimmediately give notice, including all relevant information, to the Contractor (CH2M HILL).

(b) The Subcontractor agrees to insert the substance of this clause, including thisparagraph (b), in arty sub- subcontract or purchase order to which a labor dispute may delay thetimely performance of this Subcontract; except that each sub-subcontract or purchase order shallprovide that in the event its timely performance is delayed or threatened by delay by any actual orpotential labor dispute, the sub-subcontractor or supplier shall immediately notify the next highertier Subcontractor, supplier, or the Contractor (CH2M HILL), as the case may be, of all relevantinformation concerning the dispute.

18.13. CONVICT LABOR (FAR 52.222-3S (DEVIATIONS

The Subcontractor agrees not to employ any person undergoing sentence or imprisonmentin performing this Subcontract except as provided by 18 U.S.C 4082 (c)(2) and Executive Order11755, December 19, 1972.

18.14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIMECOMPENSATION (FAR 52.222-4S (DEVIATIONS

(a) Overtime requirements. No Subcontractor contracting for any part of theSubcontract work which may require or involve the employment of laborers or mechanics (seeFederal Acquisition Regulation (FAR) 22.300) shall require or permit any such laborers ormechanics in any workweek in which the individual is employed on such work to work in excessof 40 hours in such workweek unless such laborer or mechanic receives compensation at a ratenot less than 1-1/2 times the basic rate of pay for all hours worked in excess of 40 hours in suchworkweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of aflyj 3005^4violation of the provisions set forth in paragraph (a) of this clause, any Subcontractor responsible. - - - - - -therefor shall be liable for the unpaid wages. In addition, the Contractor (GH2M HILL) andSubcontractor shall be liable to the United States (in the case of work done under contract for

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the District of Columbia or a territory, to such District or to such territory), for liquidateddamages. Such liquidated damages shall be computed with respect to each individual laborer ormechanic employed in violation of the provisions set forth in paragraph (a) of this clause in thesum of $10 for each calendar day on which such individual was required or permitted to work inexcess of the standard workweek of 40 hours without payment of the overtime wages required byprovisions set forth in paragraph (a) of this clause.

(c) Withholding for unpaid wages and liquidated damages. If the Contracting Officerwithholds from the Contractor (CH2M HILL) any moneys payable on account of work performedby the Contractor (CH2M HILL) or Subcontractor, such amounts as may administratively bedetermined to be necessary to satisfy any liabilities of the Subcontractor or its Sub-subcontractorfor unpaid wages and liquidated damages as provided in paragraph (b) above, the Contractor(CH2M HILL) may withhold equivalent amounts from the Subcontractor. The Subcontractorshall indemnify the Contractor (CH2M HILL) any and air costs, loss, or expense (includingattorney's fees) based upon a withholding by the Contracting Officer pursuant to this clause whichis attributed to the Subcontractor or its Sub-subcontractors.

(d) Payrolls and basic records.(1) The Subcontractor shall maintain payrolls and basic payroll records during

the course of contract work and shall preserve them for a period of 3 years from the completionof the Subcontract for all laborers and mechanics working on the Subcontract. Such records shallcontain the name and address of each such employee, Social Security Number, correctclassifications, hourly rates of wages paid, daily and weekly number of hours worked, deductionsmade, and actual wages paid. Nothing in this paragraph shall require the duplication of recordsrequired to be maintained for construction work by Department of Labor regulations at 29 CFR5.5(a)(3) implementing the Davis-Bacon Act.

(2) The records to be maintained under paragraph (d)(l) of this clause shallbe 'made available by the Subcontractor for inspection, copying, or transcription by authorizedrepresentatives of the Contracting Officer or the Department of Labor. The Contractor (CH2MHILL) or Subcontractor shall permit such representatives to interview employees during workinghours on the job.

(e) Subcontracts. The Subcontractor and Sub-subcontractor shall insert paragraphs(a) through (d) of this clause in all sub-subcontracts. The Subcontractor shall be responsible forcompliance by any lower tier Subcontractor with the provisions set forth in paragraphs (a) through(e) of this clause.

18.15. EQUAL OPPORTUNITY (FAR 52.222-26S (DEVIATIONS

While performing this Subcontract, the Subcontractor agrees as follows:

(a) The Subcontractor shall not discriminate against any employee or applicant foremployment because of race, color, religion, sex, or national origin.

(b) The Subcontractor shall take affirmative action to ensure that applicants areemployed, and that employees are treated during employment, without regard to their race, color,religion, sex, or national origin. This shall include, but not be limited to,

(i) Employment(ii) Upgrading(iii) Demotion(iv) Transfer(v) Recruitment or recruitment advertising(vi) Layoff or termination(vii) Rates of pay or other forms of compensation, and(viii) Selection for training, including apprenticeship.

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(c) The Subcontractor shall post in conspicuous places available to employees andapplicants for employment the notices to be provided by the Contracting Officer that explain thisclause.

(d) The Subcontractor shall, in all solicitations or advertisements for employeesplaced by or on behalf of the Subcontractor, state that all qualified applicants will receiveconsideration for employment without regard to race, color, religion, sex, or national origin.

(e) The Subcontractor shall send, to each labor union or representative of workerswith which it has a collective bargaining agreement or other contract or understanding, the noticeto be provided by the Contracting Officer advising the labor union or workers' representative ofthe Subcontractor's commitments under this clause, and post copies of the notice in conspicuousplaces available to employees and applicants for employment.

(f) The Subcontractor shall comply with Executive Order 11246, as amended, and therules, regulations, and orders of the Secretary of Labor.

(g) The Subcontractor shall furnish to the contracting agency all information requiredby Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretaryof Labor. Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filedwithin 30 days following the award, unless filed within 12 months preceding the date of award.

(h) The Subcontractor shall permit access to its books, records, and accounts by theContractor (CH2M HILL) or the Office of Federal Contract Compliance Programs (OFCCP) forthe purposes of investigation to ascertain the Subcontractor's compliance with the applicable rules,regulations, and orders.

(i) If the OFCCP determines that the Subcontractor is not in compliance with thisclause or any rule, regulation, or order of the Secretary of Labor, this Subcontract may becanceled, terminated, or suspended in whole or in part and the Subcontractor may be declaredineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against theSubcontractor as provided in Executive Order 11246, as amended, the rules, regulations, andorders of the Secretary of Labor, or as otherwise provided by law.

(j) The Subcontractor shall include the terms and conditions of subparagraphs (a)through (k) of this clause in every sub-subcontract or purchase order that is not exempted by therules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, asamended, so that these terms and conditions will be binding upon each Sub-subcontractor orvendor.

(k) The Subcontractor shall take such action with respect to any Subcontract orpurchase order as the Contractor (CH2M HILL) may direct as a means of enforcing these termsand conditions, including sanctions for noncompliance; provided, that if the Subcontractorbecomes involved in, or is threatened with, litigation with a Sub-subcontractor or vendor as aresult of any direction, the Subcontractor may request the United States to enter into thelitigation to protect the interests of the United States.

18.16. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERAVETERANS (FAR S2.222-35S (DEVIATIONS

The following clause applies to this Subcontract if this Subcontract exceeds $10,000 and isnot exempted by rules, regulations, or orders of the Secretary of Labor as of the date of theSubcontract:

(a) Definitions:

"Appropriate office of the State employment service system," as used in this claus*? MeahM U D 1 Uthe local office of the Federal-State national system of public employment offices assigned lo~serve

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the area where the employment opening is to be filled, including the District of Columbia, Guam,Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

"Openings that the Subcontractor proposes to fill from within its own organization," asused in this clause, means employment openings for which no one outside the Subcontractor'sorganization (including any affiliates, subsidiaries, and the parent companies) will be consideredand includes any openings that the Subcontractor proposes to fill from regularly established"recall" lists.

"Openings that the Subcontractor proposes to fill under a customary and traditionalemployer-union hiring arrangement," as used in this clause, means employment openings that theSubcontractor proposes to fill from union halls, under their customary and traditional employer-union hiring relationship.

"Suitable employment openings," as used in this clause-

(1) Includes, but is not limited to, openings that occur in jobs categorized as~(i) Production and nonproduction;

(ii) Plant and office;

(iii) Laborers and mechanics;

(iv) Supervisory and nonsupervisory;

(v) Technical; and

(vi) Executive, administrative, and professional positions compensatedon a salary basis of less than $25,000 a year; and

(2) Includes full-time employment, temporary employment of over 3 days, andpart-time employment, but not openings that the Subcontractor proposes to fill from within itsown organization or under a customary and traditional employer-union hiring arrangement, noropenings in an educational institution that are restricted to students of that institution.

(b) General:

(1) Regarding any position for which the employee or applicant foremployment is qualified, the Subcontractor shall not discriminate against the individual becausethe individual is a special disabled or Vietnam Era veteran. The Subcontractor agrees to takeaffirmative action to employ, advance in employment, and otherwise treat qualified special disabledand Vietnam Era veterans without discrimination based upon their disability or veteran's status inall employment practices such as —

(i) Employment;(ii) Upgrading;(iii) Demotion or transfer;(iv) Recruitment;(v) Advertising;(vi) Layoff or termination;(vii) Rates of pay or other forms of compensation; and(viii) Selection for training, including apprenticeship.

(2) The Subcontractor agrees to comply with the rules, regulations, relevantorders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjust-ment Assistance Act of 1972 (the Act), as amended. AR3005U7

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(c) Listing openings.

(1) The Subcontractor agrees to list all suitable employment openings existingat Subcontract award or occurring during Subcontract performance, at any appropriate office ofthe State employment service system in the locality where the opening occurs. These openingsinclude those occurring at any Subcontractor facility, including one not connected with performingthis Subcontract. An independent corporate affiliate is exempt from this requirement

(2) The listing of suitable employment openings with the State employmentservice system is required at least concurrently with using any other recruitment source or effortand involves the obligations of placing a bona fide job order, including accepting referrals ofveterans and nonveterans. This listing does not require hiring any particular job applicant orhiring from any particular group of job applicants and is not intended to relieve the Subcontractorfrom any requirements of Executive orders or regulations concerning nondiscrimination inemployment.

(3) Whenever the Subcontractor becomes contractually bound to the listingterms of this clause, it shall advise the State employment service system, in each State where ithas establishments, of the name and location of each hiring location in the State. As long as theSubcontractor is contractually bound to these terms and has so advised the State system, it neednot advise the State system of subsequent contracts. The Subcontractor may advise the Statesystem when it is no longer bound by this Subcontract clause.

(4) Under the most compelling circumstances, an employment opening maynot be suitable for listing, including situations when

(i) The Government's needs cannot reasonably be supplied,

(ii) Listing would be contrary to national security, or

(iii) The requirement of listing would not be in the Government'sinterest.

(d) Applicability.

(1) This clause does not apply to the listing of employment openings whichoccur and are filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, VirginIslands, American Samoa, and the Trust Territory of the Pacific Islands.

(2) The terms of paragraph (c) above of this clause do not apply to openingsthat the Subcontractor proposes to fill from within its own organization or under a customary andtraditional employer-union hiring arrangement. This exclusion does not apply to a particularopening once an employer decides to consider applicants outside of its own organization oremployer-union arrangements for that opening.

(e) Postings.

(1) The Subcontractor agrees to post employment notices stating

(i) The Subcontractor's obligation under the law to take affirmativeaction to employ and advance in employment qualified special disabled veterans and veterans ofthe Vietnam era, and

(ii) The rights of the applicants and employees.(2) These notices shall be posted in conspicuous places that are available u>A R 3 0 0 5 H O

. employees and applicants for employment. They shall be in a form prescribed by the Director, - • - - - - -Office of Federal Contract Compliance Programs, Department of Labor (Director), and providedby or through the Contracting Officer.

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(3) The Subcontractor shall notify each labor union or representative ofworkers with which it has a collective bargaining agreement or other contract understanding, thatthe Subcontractor is bound by the terms of the Act, and is committed to take affirmative actionto employ, and advance in employment, qualified special disabled and Vietnam Era veterans.

(f) Noncompliance. If the Subcontractor does not comply with the requirements ofthis clause, appropriate actions may be taken under the rules, regulations, and relevant orders ofthe Secretary issued pursuant to the Act.

(g) Subcontracts. The Subcontractor shall include the terms of this clause in everysub-subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, ororders of the Secretary. The Subcontractor shall act as specified by the Director to enforce theterms, including action for noncompliance.

18.17. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (FAR 52.222-36S(DEVIATIONS

The following clause applies to this Subcontract if the Subcontract exceeds $2,500 and isnot exempted by rules, regulations, or orders of the Secretary of Labor as of the date of theSubcontract:

(a) General:

(1) Regarding any position for which the employee or applicant foremployment is qualified, the Subcontractor shall not discriminate against any employee orapplicant because of physical or mental handicap. The Subcontractor agrees to take affirmativeaction to employ, advance in employment, and otherwise treat qualified handicapped individualswithout discrimination based upon their physical or mental handicap in all employment practicessuch as

(i) Employment;(ii) Upgrading;(iii) Demotion or transfer;(iv) Recruitment;(v} Advertising;(vi) Layoff or termination;(vii) Rates of pay or other forms of compensation; and(viii) Selection for training, including apprenticeship.

(2) The Subcontractor agrees to comply with the rules, regulations, andrelevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973(29 U.S.C. 793) (the Act), as amended.

(b) Postings.

(1) The Subcontractor agrees to post employment notices stating

(i) The Subcontractor's obligation under the law to take affirmativeaction to employ and advance in employment qualified handicapped individuals and

(ii) The rights of applicants and employees.

(2) These notices shall be posted in conspicuous places that are available toemployees and applicants for employment. They shall be in a form prescribed by the Director,Office of Federal Contract Compliance Programs, Department of Labor (Director), and providedby or through the Contracting Officer.

(3) The Subcontractor shall notify each labor union or representatrworkers with which it has a collective bargaining agreement or other contract understand!

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the Subcontractor is bound by the terms of Section 503 of the Act and is committed to takeaffirmative action to employ, and advance in employment, qualified physically and mentallyhandicapped individuals.

(c) Noncompliance. If the Subcontractor does not comply with the requirements ofthis clause, appropriate actions may be taken under the rules, regulations, and relevant orders ofthe Secretary issued pursuant to the Act.

(d) Subcontracts. The Subcontractor shall include the terms of this clause in everysub-subcontract or purchase order. The Subcontractor shall act as specified by the Director toenforce the terms, including action for noncompliance.

18.18. CLEAN AIR AND WATER (FAR 52.223-2S (DEVIATIONS

(a) , "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. 7401 etseq.).

"Clean Air Standards", as used in this clause, means

(1) Any enforceable rules, regulations, guidelines, standards, limitations, order,controls, prohibitions, work practices, or other requirements contained in, issued under, orotherwise adopted under the Air Act or Executive Order 11738;

(2) An applicable implementation plan as described in section 110(d) of theAir Act (42 U.S.C. 7410(d));

(3) An approved implementation procedure or plan under section lll(c) orsection lll(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or

(4) An approved implementation procedure under section 112(d) of the AirAct (42 U.S.C. 7412(d)).

"Clean water standards," as used in this clause, means any enforceable limitation, control,condition, prohibition, standard, or other requirement promulgated under the Water Act orcontained in a permit issued to a discharger by the Environmental Protection Agency or by aState under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local government or ensure compliance with pretreatment regulations as required bysection 307 of the Water Act (33 U.S.C. 1317).

"Compliance," as used in this clause, means compliance with-

(1) Clean air or water standards; or

(2) A schedule or plan ordered or approved by a court of competent,jurisdiction, the Environmental Protection Agency, or an air or water pollution control agencyunder the requirements of the Air Act or Water Act and related regulations.

"Facility," as used in this clause, means any building, plant, installation, structure, mine,vessel or other floating craft, location, or site of operations, owned, leased, or supervised by aContractor (CH2M HILL) or Subcontractor, used in the performance of a contract orSubcontract When a location or site of operations includes more than one building, plant,installation, or structure, the entire location or site shall be deemed a facility except when theAdministrator, or a designee, of the Environmental Protection Agency, determines thatindependent facilities are collocated in one graphical area.

"Water Act," as used in this clause, means Clean Water Act (33 U.S.C 1251$tfte3.Q Q 5 5 0

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(b) The Subcontractor agrees-

(1) To comply with all the requirements of section 114 of the Clean Air Act(42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection,monitoring, entry, reports, and information, as well as other requirements specified in section 114and section 308 of the Air Act and the Water Act, and all regulations and guidelines issued toimplement those acts before the award of the Prime Contract;

(2) That no portion of the Work required by this Subcontract will beperformed in a facility listed on the Environmental Protection Agency List of Violating Facilitieson the date when this Subcontract was awarded unless and until the EPA eliminates the name ofthe facility from this listing;

(3) To use best efforts to comply with clean air standards and clean waterstandards at the facility in which the Subcontract is being performed; and

(4) To insert the substance of this clause into any nonexempt sub-subcontractor purchase order, including this subparagraph (b)(4).

18.19. AUTHORIZATION AND CONSENT-PATENTS (FAR 52.227-1S (DEVIATION)

(a) The Government authorizes and consents to all use and manufacture, inirforming this contract or any Subcontract at any tier, of any invention described in and covereda United States patent (1) embodied in the structure or composition of any article the delivery

of which is accepted by the Government under the Prime Contract or (2) used in machinery,tools, or methods whose use necessarily results from compliance by the Subcontractor (CH2MHILL) or a Subcontractor with (i) specifications or written provisions forming a part of this

, contract or (ii) specific written instructions" given by the Contracting Officer directing the manner! of performance. The entire liability to the Government for infringement of a patent of the

United States shall be determined solely by the provisions of the indemnity clause, if any, includedin this Subcontract or any Subcontract hereunder (including any lower-tier Subcontract), and the

i Government assumes liability for all other infringement to the extent of the authorization andj consent herein above granted.

(b) The Subcontractor agrees to include, and require inclusion of, this clause, suitablymodified to identify the parties, in all Subcontracts at any tier for supplies or services (includingconstruction, architect-engineer services, and materials, supplies, models, samples, and design ortesting services) expected to exceed $25,000; however, omission of this clause from any sub-subcontract, under or over $25,000, does not affect this authorization and consent.

; 18.20. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHTINFRINGEMENT (FAR 52.227-2S (DEVIATIONS

(a) The Subcontractor shall report to the Contractor (CH2M HILL) for reporting tothe Contracting Officer, promptly and in reasonable written detail, each notice or claim of patentor copyright infringement based on the performance of this Subcontract of which theSubcontractor has knowledge.

(b) In the event of any claim or suit against the Government on account of anyalleged patent or copyright infringement arising out Of the performance of this Subcontract or out

( of the use of any supplies furnished or Work or services performed under this Subcontract, theI Subcontractor shall furnish to the Governrrient, when requested by the Contractor (CH2M HILL)

or the Contracting Officer, all evidence and information in possession of the Subcontractorpertaining to such suit or claim. Such evidence and information shall be furnished at the expense

I of the Government except where the Contractor (CH2M HILL) has agreed to indemnify thej Government or the Subcontractor has agreed to indemnify the Contractor (CH2M HILL) or

Government.

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(c) The Subcontractor agrees to include, and require inclusion of, this clause in allsub-subcontracts at any tier for supplies or services (including construction and architect-engineersubcontracts and those for material, supplies, models, samples, or design or testing services)expected to exceed $25,000.

18.21. PATENT INDEMNITY (FAR 52.227-3S (DEVIATIONS

The Subcontractor shall pay all royalty and license fees, unless otherwise specified. Exceptas otherwise provided, the Subcontractor agrees to indemnify the Contractor (CH2M HILL) andGovernment and their officers, agents, and employees against liability, including costs and expenses(including attorneys fees and all legal expenses and associated costs), for infringement upon anyUnited States patent (except a patent issued upon an application that is now or may hereafter bewithheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of performingthis contract or out of the use or disposal by or for the account of the Government of suppliesfurnished or Work performed under this Subcontract.

18.22. DAVIS-BACON ACT (FAR 52.222-6S (DEVIATIONS (40 U.S.C. 276A-7S

(a) All laborers and mechanics employed or working upon the site of the Work (orunder the United States Housing Act of 1937 or under the Housing Act of 1949 in theconstruction or development of the project), will be paid unconditionally and not less often thanonce a week, and without subsequent deduction or rebate on any account (except such payrolldeductions as are permitted by regulations issued by the Secretary of Labor under the CopelandAct (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalentsthereof) due at time of payment computed at rates not less than those contained in the wagedetermination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the Subcontractorand such laborers and mechanics. Contributions made or costs reasonably anticipated for bona

, _ fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or^ mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of

paragraph (d) of this clause; also, regular contributions made or costs incurred for more than aweekly period (but not less often than quarterly) under plans, funds, or programs which cover theparticular weekly period, are deemed to be constructively made or incurred during such weeklyperiod. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefitson the wage determination for the classification of Work actually performed, without regard toskill, except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanicsperforming Work in more than one classification may be compensated at the rate specified foreach classification for the time actually worked therein; provided, that the employer's payrollrecords accurately set forth the time spent in each classification in which Work is performed. Thewage determination (including any additional classification and wage rates conformed underparagraph (b) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all timesby the Subcontractor at the site of the work in a prominent and acceptable place where it can beeasily seen by the workers.

(b) (1) The Government Contracting Officer shall require that any class oflaborers or mechanics which is not listed in the wage determination and which is to be employedunder the Subcontract shall be classified in conformance with the wage determination. TheContracting Officer shall approve an additional classification and wage rate and fringe benefitstherefor only when the following criteria have been met:

(i) The Work to be performed by the classification requested is notperformed by a classification in the wage determination; and

(ii) The classification is utilized in the area by the constructionindustry; and

(iii) The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination.

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(2) If the Subcontractor and the laborers and mechanics to be employed inthe classification (if known), or their representatives, and the Contractor (CH2M HILL) agree onthe classification and wage rate (including the amount designated for fringe benefits whereappropriate), a report of the action taken shall be sent by the Contracting Officer to the Adminis-trator of the Wage and Hour Division, Employment Standards Administration, U.S. Departmentof Labor, Washington, D.C. 20210. The Administrator of the Wage and Hour Division, or anauthorized representative, will approve, modify, or disapprove every additional classification actionwithin 30 days of receipt and so advise the Contracting Officer or will notify the ContractingOfficer within the 30-day period that additional time is necessary.

(3) In the event the Subcontractor, the laborers or mechanics to be employedin the classification or their representatives, and the Contracting Officer do not agree on theproposed classification and wage rate (including the amount designated for fringe benefits, whereappropriate), the Contracting Officer shall refer the questions, including the views of all interestedparties and the recommendation of the Contracting Officer, to the Administrator for determina-tion. The Administrator of the Wage and Hour Division, or an authorized representative, willissue a determination within 30 days of receipt and so advise the Contracting Officer or will notifythe Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits where appropriate) determinedpursuant to subparagraphs (b)(2) or (b)(3) of this clause, shall be paid to all workers performingWork in the classification under this contract from the first day on which work is performed inthe classification.

(c) Whenever the minimum wage rate prescribed in the contract for a class oflaborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, theSubcontractor shall either pay the benefit as stated in the wage determination or shall pay anotherbona fide fringe benefit or an hourly cash equivalent thereof.

(d) If the Subcontractor does not make payments to a trustee or other third person,the Subcontractor may consider as part of the wages of any laborer or mechanic the amount ofany costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided that the Secretary of Labor has found, upon the written request of the Contractor(CH2M HILL), that applicable standards of the Davis-Bacon Act have been met. The Secretaryof Labor may require the Subcontractor to set aside in a separate account assets for the meetingof obligations under the plan or program.

18.23. SMALL/DISADVANTAGED/MINORITY BUSINESS ENTERPRISESUBCONTRACT AWARDS

The Subcontractor shall notify the Prime Contractor (CH2M HILL) of any Subcontractawards to small disadvantaged/ minority business enterprises within twenty-four (24) hours afterthe date of award. Notification may be provided orally but shall be followed up immediately inwriting. The following information shall be provided within the notification.

(a) Subcontractor Name

(b) Whether the Subcontractor has been designated "8(a)" by the Small BusinessAdministration.

(c) Date of Award

(d) Title of Subcontract

(e) Site Name (if applicable)

(f) Total potential dollar value (including all options) c c O

(g) Total potential period of performance (if all options are exercised). „ _ -

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. This notification in no way changes the requirements of the clauses entitled"Subcontracting Reports-Small Business and Small Disadvantaged Business Concerns" or"Subcontract Consent" if these clauses are included within the Subcontract.

18.24. OFFICIALS NOT TO BENEFIT (FAR 52.203-1S (DEVIATIONS

No member of or delegate to Congress, or resident commissioner, shall be admitted toany share or part of this Subcontract, or to any benefit arising from it. However, this clause doesnot apply to this Subcontract to the extent that this Subcontract is made with a corporation forthe corporation's general benefit.

18.25. EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS ANDVETERANS OF THE VIETNAM ERA (FAR 52.222-37S

(a) The Subcontractor shall report at least annually, as required by the Secretary ofLabor, on:

(1) The number of special disabled veterans and the number of veterans ofthe Vietnam era in the workforce of the Subcontractor by job category and hiring location; and

(2) The total number of new employees hired during the period covered bythe report, and of that total, the number of special disabled veterans, and the number of veteransof the Vietnam era.

(b) The above items shall be reported by completing the form entitled "FederalContractor Veterans' Employment Report VETS-100."

(c) Reports shall be submitted no later than March 31 of each year beginningMarch 31, 1988.

(d) The employment activity report required by paragraph (a) (2) of this clause shallreflect total hires during the most recent 12-month period as of the ending date selected for theemployment profile report required by paragraph (a)(l) of this clause. Subcontractors may selectan ending date:

(1) As of the end of any pay period during the period January throughMarch 1 of the year the report is due, or

(2) As of December 31, if the Subcontractor has previous written approvalfrom the Equal Employment Opportunity Commission to do so for purposes of submitting theEmployer Information Report EEO-1 (Standard Form 100).

(e) The count of veterans reported according to paragraph (a) of this clause shall bebased on voluntary disclosure. Each Subcontractor subject to the reporting requirements at38 U.S.C. 2012(d) shall invite all special disabled veterans and veterans of the Vietnam era whowish to benefit under the affirmative action program at 38 U.S.C 2012 to identify themselves tothe Subcontractor. The invitation shall state that the information is voluntarily provided, that theinformation wiil be kept confidential, that disclosure or refusal to provide the information isvoluntarily provided, that the information will be kept confidential, that disclosure or refusal toprovide the information will not subject the applicant or employee to any adverse treatment, andthat the information will be used only in accordance with the regulations promulgated under38 U.S.C. 2012.

(f) Subcontracts. The Subcontractor shall include the terms of this clause in everysub-subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or

AR300551*

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18.26. SUBCONTRACTING REPORTS-SMALL BUSINESS AND SMALLDISADVANTAGED BUSINESS CONCERNS (EP S2.219-120S

The Subcontractor shall submit a report for subcontracting under this particularSubcontract and a summary report on subcontracts in all contracts between the Subcontractor andthe EPA which contain Subcontract goals for awards to small business and small disadvantagedbusiness concerns.

The Subcontractor shall submit subcontracting reports on Standard Forms 294 and 295.The reports shall be submitted semi-annually and quarterly respectively in accordance with theGeneral Instructions on the reverse side of the forms.

Copies of these reports shall be delivered to:

Distribution Addressee

1 original CH2M HILL, Inc.and 2 copies 6060 South Willow Drive

Englewood, Colorado 80111

18.27. ORDER OF PRECEDENCE (FAR 52.215-33) (DEVIATIONS

Any inconsistency in this solicitation or Subcontract shall be resolved by givingprecedence in the following order:

(a) The Schedule (excluding the specifications);Representations and other instructions;Subcontract clauses;Other documents, exhibits, and attachments; andThe specifications

(d)(e)18.28 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR

15S2.209-70S

(a) The prospective Subcontractor certifies, to the best of its knowledge and belief,that it is hot aware of any information bearing on the existence of any potential organizationalconflict of interest. If the prospective Subcontractor cannot so certify, it shall provide adisclosure statement in its proposal which describes all relevant information concerning any past,present, or planned interests bearing on whether it (including its chief executives and directors,or any proposed consultant or subcontractor) may have a potential organizational conflict ofinterest.

(b) Prospective Subcontractors should refer to FAR Subpart 9.5 and EPAAR Part1509 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflictsof interest.

(c) If the Contractor (CH2M HILL) determines that a potential conflict exists, theprospective Subcontractor shall not receive an award unless the conflict can be avoided orotherwise resolved through the inclusion of a special contract clause or other appropriate means.The terms of any special clause are subject to negotiation.

WDCR454/072.50

AR300555

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APPENDIX ARELEASE AND CERTIFICATE OF FINAL PAYMENT

CH2M HILL

FORSite Name

With reference to Subcontract No. ___________ datedas amended, between the undersigned _________________ (Subcontractor) and CH2M HILL(Contractor) the undersigned hereby certifies and represents that he has made full payment ofall costs, charges, and expenses incurred by him or on his behalf for work, labor, services,materials, and equipment supplied to the foregoing project and/or used in connection with hiswork under said Subcontract.

The undersigned further certifies that to his best knowledge and belief, each of hissubcontractors and materialmen has made full payment of all costs, charges, and expensesincurred by them or on their behalf for work, labor, services, materials, and equipment suppliedto the foregoing premises and/or used by them in connection with the undersigned's work undersaid Subcontract.

In consideration of $_____________ as final payment under the Subcontract,the undersigned hereby unconditionally dismisses, releases, and forever discharges the Contractor(CH2M HILL) and the premises and property from all claims, liens, and obligations of everynature arising out of or in connection with the performance of said Subcontract and allamendments thereto, except as may arise under the indemnification article of the Subcontract

As additional consideration for the final payment the Subcontractor agrees to indemnifyand hold harmless the Contractor (CH2M HILL), its successors, assigns, directors, officers,agents, and employees and their properties from and against all costs, losses, damages, claims,causes of action, judgments and expenses, including attorneys' fees arising out of or inconnection with claims against the Subcontractor which claims arise out of the performance ofthe work under the Subcontract and which may be asserted by the Subcontractor or any of itssuppliers, subcontractors of any tier, or any of its or their representatives, officers, agents oremployees, except as provided for in the indemnification article of this Subcontract

The foregoing shall not relieve the undersigned of his obligations under the provisionsof said Subcontract, as amended, which by their nature survive completion of the work,including, without limitation, warranties, guarantees, and indemnities.Executed this ____ day of ______, 19__

By:

Title:

WDCR454/072.50

AR30055660

OCTOBER 17, 1989

Appendix CEMPLOYEE CONFIDENTIALITY AGREEMENT

_______________ agrees not to disclose to any entity external to CH2M HILL, EPAor Department of Justice, either in whole or in part any data or technical data provided byCH2M HILL, the Government, or generated by the Subcontractor, any site specific costinformation or any enforcement strategy without written permission of the EPA ContractingOfficer. This Agreement shall be effective for a period of ten (10) years from the date of theSubcontract

Employee signature and date

Subcontractor and date of Subcontract

RR30055761

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