AR3II927 · 1.107 252.225-7035 BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION...

(5) Woven silk or woven silk blends;(6) Spun silk yarn for cartridge cloth;(7) Synthetic fabric, and coated synthetic fabric;(8) Canvas products;(9) Wool (whether in the form of fiber or yarn or contained in fabrics,

materials, or manufactured articles); or(10) Any item of individual equipment manufactured from or containing

such fibers, yarns, fabrics, or materials.(b) This clause does not apply—(1) To supplies listed in FAR 25.108(d)(1), or other supplies for which

the Government has determined that a satisfactory quality and sufficientquantity cannot be acquired as and when needed at U.S. market prices;

(2) To foods which have been manufactured or processed in the UnitedStates, its possessions, or Puerto Rico;

(3) To chemical warfare protective clothing produced in the countrieslisted in subsection 225.872-1 of the Defense FAR Supplement; or

(4) To commercial items or components purchased from subcontractors orsuppliers.

(End of clause)

1.107 252.225-7035 BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATIONACT—BALANCE OF PAYMENTaj>ROGRAM CERTIFICATE (MAY 199S)

(a) Definitions. "Domestic end product, "qualifying country endproduct,' and U.S. made end product* have the neasfijigs given in the NorthAmerican Free Trade Agreement Implementation Act\or Ay American Act-andBalance of Payments Program clauses of this solicitfit:Utf\(b) Evaluation. Offers will be evaluated by giving preference to U.S.

made end products, qualifying country end products, or NAFTA country endproducts over other end products.

(c) Certifications. (1) The ORJror certifies that--(i) Each end product, except f end products listed in paragraph

(c)(2) of this provision, is aNdomestic end product (as defined in theBuy American Act and Balance of TJaymwits Program clause of thissolicitation); and ^ »

(ii) Components of unknown origin jrfeconsidered to have been mined,produced, or manufactured outside the Bmtfed States or a qualifyingcountry. "-,-.(2) The Offerer must identify and certify all end products that are not

1-156

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE "BH"

AR3II927

domestic end products.(i) The Offeror certifiesXthat^the following supplies qualify as

"U.S. made end products" but do not^meet the definition of "domesticend product": ^

(insert line item number)

(ii) The Offeror certifies that the following supplies are qualifyingcountry (except Canada) end products:

(insert line item number) (insert country of origin)

(iii) The Offeror certifiesyftyit the following supplies qualify asNAFTA country end products:

(insert line item number) (yseert country of origin)

^(iv) The Offeror certifies that' the following supplies are othernon-NAFTA country end products:

(insert line item number) . (insert country of origin)(End of provision)

1.108 252.227-7000 NON-ESTOPPEL (OCT 1966)

The Government reserves the right at any time to contest theenforceability, validity, scope of, or the title to any patent or patentapplication herein licensed without waiving or forfeiting any right underthis contract.

(End of clause)

1.109 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995)

(a) Definitions. As used in this clause:(1) "Computer data base" means a collection of data recorded in a form

capable of being processed^ by a computer. The term does not includecomputer software

1-157

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE «BH«

ftR3i1928

(2) "Computer program" means a set of instructions, rules, or routinesrecorded in a form that is capable of causing a computer to perform aspecific operation or series of operations.

(3) "Computer software" means computer programs, source code, sourcecode listings, object code listings, design details, algorithms,processes, flow charts, formulae, and related material that would enablethe software to be reproduced, recreated, or recompiled. Computersoftware does not include computer data bases or computer softwaredocumentation.

(4) "Computer software documentation" means owner's manuals, user'smanuals, installation instructions, operating instructions, and othersimilar items, regardless of storage medium, that explain thecapabilities of the computer software or provide instructions for usingthe software.

(5) "Detailed manufacturing or process data" means technical data thatdescribe the steps, sequences, and conditions of manufacturing,processing or assembly used by the manufacturer to produce an item orcomponent or to perform a process.

(6) "Developed" means that an item, component, or process exists and isworkable. Thus, the item or component must have been constructed or theprocess practiced. Workability is generally established when the item,component or process has been analyzed or tested sufficiently todemonstrate to reasonable people skilled in the applicable art that thereis a high probability that it will operate as intended. Whether, howmuch, and what type of analysis or testing is required to establishworkability depends on the nature of the item, component, or process, andthe state of the art. To be considered "developed," the item, component,or process need not be at the stage where it could be offered for sale orsold on the commercial market, nor must the item, component or process beactually reduced to practice within the meaning of Title 35 of the UnitedStates Code.

(7) "Developed Exclusively at Private Expense" means development wasaccomplished entirely with costs charged to indirect costs pools, costsnot allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowestpracticable level.

(ii) Under fixed-price contracts, when total costs are greater thanthe firm-fixed-price or ceiling price of the contract, the additionaldevelopment costs necessary to complete development shall not beconsidered when determining whether development was at government,private, or mixed expense.

I-1SB


A.R3M929

(8) "Developed Exclusively with Government Funds" means developmentwas not accomplished exclusively or partially at private expense.

(9) "Developed with Mixed Funding" means development was accomplishedpartially with costs charged to indirect cost pools and/or costs notallocated to a government contract, and partially with costs chargeddirectly to a government contract.

(10) "Form, Fit, and Function Data" means technical data that describesthe required overall physical, functional, and performancecharacteristics, (along with the qualification requirements, ifapplicable) of an item, component, or process to the extent necessary topermit identification of physically and functionally interchangeableitems.(11) "Government Purpose" means any activity in which the United States

Government is a party, including cooperative agreements withinternational or multi-national defense organizations, or sales ortransfers by the United States Government to foreign governments orinternational organizations. Government purposes include competitiveprocurement, but do not include the rights to use, modify, reproduce,release, perform, display, or disclose technical data for commercialpurposes or authorize others to do so.

(12) "Government Purpose Rights" means rights to--(i) Use, modify, reproduce, release, perform, display, or disclose

technical data within the Government without restriction; and(ii) Release or disclose technical data outside the Government and

authorize persons to whom release or disclosure has been made to use,modify, reproduce, release, perform, display, or disclose that data forUnited States government purposes.(13) "Limited Rights" means rights to use, modify, reproduce, release,

perform, display, or disclose technical data, in whole or in part, withinthe Government. The Government may not, without the written permissionof the party asserting limited rights, release or disclose the technicaldata outside the Government, use the technical data for manufacture, orauthorize the technical data to be used by another party, except that theGovernment may reproduce, release, or disclose such data or authorize theuse or reproduction of the data by persons outside the Government ifreproduction, release, disclosure or use is--

(i) Necessary for emergency repair and overhaul; or(ii) A release or disclosure of technical data (other than detailed

manufacturing or process data) to, or use of such data by, a foreigngovernment that is in tfite interest of the Government and is requiredfor evaluational or informational purposes;

I-1S9

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE "BH" AR3II930

(iii) Subject to a prohibition on the further reproduction, release,disclosure, or use of the technical data; and

(iv) The contractor or subcontractor asserting the restriction isnotified of such reproduction, release, disclosure, or use.(14) "Technical data" means recorded information, regardless of the

form or method of the recording, of a scientific or technical nature(including computer software documentation). The term does not includecomputer software or data incidental to contract administration, such asfinancial and/or management information.(15) "Unlimited rights" means rights to use, modify, reproduce,

perform, display, release, or disclose technical data in whole or inpart, in any manner, and for any purpose whatsoever, and1 to have orauthorize others to do so.(b) Rights in Technical Data. The Contractor grants or shall obtain for '

the Government the following royalty free, world-wide, nonexclusive,irrevocable license rights in technical data other than computer softwaredocumentation (see the Rights in Noncommercial Computer Software andNoncommercial Computer Software Documentation clause of this contract for

rights in computer software documentation):(1) Unlimited Rights.The Government shall have unlimited rights in technical that are--(i) Data pertaining to an item, component, or process which has been

or will be developed exclusively with Government funds;(ii) Studies, analyses, test data, or similar data produced for this

contract, when the study, analysis, test, or similar work was specifiedas an element of performance;

(iii) Created exclusively with Government funds in the performance ofa contract that does not require the development, manufacture,construction, or production of items, components, or processes;

(iv) Form, fit, and function data;(v) Necessary for installation, operation, maintenance, or training

purposes (other than detailed manufacturing or process data);(vi) Corrections or changes to technical data furnished to the

Contractor by the Government;(vii) Otherwise publicly available or have been released or disclosed

by the Contractor or subcontractor without restrictions on furtheruse, release or disclosure, other than a release or disclosureresulting from the sale, transfer, or other assignment of interest inthe technical data to another party or the sale or transfer of some orall of a business entity or its assets to another party;

(viii) Data in which the Government has obtained unlimited rights

1-160

DACW45-93-C-0200MODIFICATION NO. A00039

AR3II93I

under another Government contract or as a result of negotiations; or(ix) Data furnished to the Government, under this or any other

Government contract or subcontract thereunder, with--(A) Government purpose license rights or limited rights and the

restrictive condition(s) has/have expired; or(B) Government purpose rights and the Contractor's exclusive right

to use such data for commercial purposes has expired.(2) Government Purpose Rights.(i) The Government shall have government purpose rights for a five

year period, or such other period as may be negotiated, in technicaldata--

(A) That pertain to items, components, or processes developed withmixed funding except when the Government is entitled to unlimitedrights in such data as provided in paragraphs (b)(ii) and (b)(iv)through (b)(ix) of this clause; or

(B) Created with mixed funding in the performance of a contractthat does not require the development, manufacture, construction, orproduction of items, components, or processes.(ii) The five-year period, or other such period as may have been

negotiated, shall commemce upon execution of the contract, subcontract,letter contract (or similar contractual instrument), contractmodification, or option exercise that required development of theitems, components, or processes or creation of the data described inparagraph (b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall have unlimitedrights in the technical data.

(iii) The Government shall not release or disclose technical data inwhich it has government purpose rights unless—.

(A) Prior to release or disclosure, the intended recipient issubject to the non-disclosure agreement at 227.7103-7 of the 'Defense Federal Acquisition Regulation Supplement (DFARS); or

(B) The recipient is a Government contractor receiving access tothe data for performance of a Government contract that contains theclause at DFARS 252.227-7025, Limitations on the Use or Disclosureof Government-Furnished Information Marked with RestrictiveLegends.(iv) The Contractor has the exclusive right, including the right to

license others, to use technical data in which the Government hasobtained government purpose rights under this contract for any purposeduring the time period 'specified in the government purpose rightslegend prescribed in paragraph (f)(2) of this clause.

1-161


AR31 1932

(3) Limited Rights.(i) Except as provided in paragraphs (b)(1)(ii) and (b)(11 (iv)

through (b)(1)(ix) of this clause, the Government shall have limitedrights in technical data--

(A) Pertaining to items, components, or processes developedexclusively at private expense and marked with the limited rightslegend prescribed in paragraph (f) of this clause; or

(B) Created exclusively at private expense in the performance of acontract that does not require the development, manufacture,construction, or production of items, components, or processes.(ii) The Government shall require a recipient of limited rights data

for emergency repair or overhaul to destroy the data and all copies inits possession promptly following completion of the emergencyrepair/overhaul and to notify the Contractor that the data have beendestroyed.

(iii) The Contractor, its subcontractors, and suppliers are notrequired to provide the Government additional rights to use, modify,reproduce, release, perform, display, or disclose technical datafurnished to the Government with limited rights. However, if theGovernment desires to obtain additional rights in technical data inwhich it has limited rights, the Contractor agrees to promptly enterinto negotiations with the Contracting Officer to determine whetherthere are acceptable terms for transferring such rights. All technicaldata in which the Contractor has granted the Government additionalrights shall be listed or described in a license agreement made part ofthe contract. The license shall enumerate the additional rightsgranted the Government in such data.(4) Specifically negotiated license rights. The standard license

rights granted to the Government under paragraphs (b)(1) through (b)(3)of this clause, including the period during which the Government shallhave government purpose rights in technical data, may be modified bymutual agreement to provide such rights as the parties considerappropriate but shall not provide the Government lesser rights than areenumerated in paragraph (a)(13) of this clause. Any rights so negotiatedshall be identified in a license agreement made part of this contract.

(5) Prior government rights. Technical data that will be delivered,furnished, or otherwise provided to the Government under this contract,in which the Government has previously obtained rights shall bedelivered, furnished, or provided with the pre-existing rights,unless-- ->.

(i) The parties have agreed otherwise; or

1-162

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE «BH"

AR3I1933

(ii) Any restrictions on the Government's rights to use, modify,reproduce, release, perform, display, or disclose the data have expiredor no longer apply.(6) Release from liability. The Contractor agrees to release the

Government from liability for any release or disclosure of technical datamade in accordance with paragraph (a)(13) or (b)(2)(iii) of this clause,in accordance with the terms of a license negotiated under paragraph(b)(4) of this clause, or by others to whom the recipient has released ordisclosed the data and to seek relief solely from the party who hasimproperly used, modified, reproduced, released, performed, displayed, ordisclosed Contractor data marked with restrictive legends.(c) Contractor rights in technical data. All rights not granted to the

Government are retained by the Contractor.(d) Third party copyrighted data. The Contractor shall not, without the

written approval of the Contracting Officer, incorporate any copyrighteddata in the technical data to be delivered under this contract unless theContractor is the copyright owner or has obtained for the Government thelicense rights necessary to perfect a license or licenses in thedeliverable data of the appropriate scope set forth in paragraph (b) ofthis clause, and has affixed a statement of the license or licensesobtained on behalf of the Government and other persons to the datatransmittal document.

(e) Identification and delivery of data to be furnished with restrictionson use, release, or disclosure.

(1) This paragraph does not apply to restrictions based solely oncopyright.

(2) Except as provided in paragraph (e)(3) of this clause, technicaldata that the Contractor asserts should be furnished to the Governmentwith restrictions on use, release, or disclosure are identified in anattachment to this contract (the Attachment). The Contractor shall notdeliver any data with restrictive markings unless the data are listed onthe attachment.

(3) In addition to the assertions made in the Attachment, otherassertions may be identified after award when based on new information orinadvertent omissions unless the inadvertent omissions would havematerially affected the source selection decision. Such identificationand assertion shall be submitted to the Contracting Officer as soon aspracticable prior to the scheduled date for delivery of the data, in thefollowing format, and signed by an official authorized to contractuallyobligate the Contractor: ?

1-163

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE «BH"

A R 3 1 1931*

Identification and Assertion of Restrictions on the Government's Use,Release, or Disclosure of Technical Data.

The Contractor asserts for itself, or the persons identified below, thatthe Government's rights to use, release, or disclose the followingtechnical data should be restricted—

Technical data tobe furnished withrestrictionsl

(LIST) ....

| Asserted |Basis for assertion2 | rights ' |

[ categorys |.................... 1 „.„.„.... |.

(LIST) .... | (LIST) ... |

1 1

Name of personasserting

restriction

(LIST) ....

1 If the assertion is applicable to items, components or processesdeveloped at private expense, identify both the data and each such item,component, or process.2 Generally, the development of an item, component, or process at private

expense, either exclusively or partially, is the only basis for assertingrestrictions on the Government's rights to use, release, or disclosetechnical data pertaining to such items, components, or processes.Indicate whether development was exclusively or partially at privateexpense. If development was not at private expense, enter the specificreason for asserting that the Government's rights should be restricted.3 Enter asserted rights category (e.g., government purpose license rights

from a prior contract, rights in SBIR data generated under anothercontract, limited or government purpose rights under this or a priorcontract, or specifically negotiated licenses).4 Corporation, individual, or other person, as appropriate.

DATE ________________

Printed Name and TitleSignature _________

(End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shallprovide sufficient information to enable the Contracting Officer toevaluate the Contractor's assertions. The Contracting Officer reserves theto add the Contractor's assertions to the Attachment and validate anylisted assertion, at a later date, in accordance with the procedures of the

1-164


AR3I1935

Validation of Restrictive Markings on Technical Data clause of thiscontract.

(f) Marking requirements. The Contractor, and its subcontractors orsuppliers, may only assert restrictions on the Government's rights to use,modify, reproduce, release, perform, display, or disclose technical data tobe delivered under this contract by marking the deliverable data subject torestriction. Except as provided in paragraph (f)(5) of this clause, onlythe following legends are authorized under this contract: the governmentpurpose rights legend at paragraph (f)(2) of this clause; the limitedrights legend at paragraph (f)(3) of this clause; or the special licenserights legend at paragraph (f)(4) of this clause; and/or a notice ofcopyright as prescribed under 17 U.S.C. 401 or 402.

(1) General marking instructions. The Contractor, or itssubcontractors or suppliers, shall conspicuously and legibly mark theappropriate legend on all technical data that qualify for such markings.The authorized legends shall be placed on the transmittal document orstorage container and, for printed material, each page of the printedmaterial containing technical data for which restrictions are asserted.When only portions of a page of printed material are subject to theasserted restrictions, such portions shall be identified by circling,underscoring, with & note, or appropriate identifier. Technical datatransmitted directly from one computer or computer terminal to anothershall contain a notice of asserted restrictions. Reproductions oftechnical data or any portions thereof subject to asserted restrictionsshall also reproduce the asserted restrictions.

(2) Government purpose rights markings. Data delivered or otherwisefurnished to the Government with government purpose rights shall bemarked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No. ____ _____ ____Contractor NameContractor Address

Expiration Date _______________________________The Government's rights to use, modify, reproduce, release, perform,

display, or disclose these technical data are restricted by paragraph(b)(2) of the Rights in Technical Data—Noncommercial Items clausecontained in the above identified contract. No restrictions apply afterthe expiration date shownrjtbove. Any reproduction of technical data orportions thereof marked with this legend must also reproduce the

1-165


AR3I1936

markings.(End of legend)

(3) Limited rights markings. Data delivered or otherwise furnished to'the Government with limited rights shall be marked with the followinglegend:

LIMITED RIGHTS

Contract No.Contractor Name _Contractor Address

The Government's rights to use, modify, reproduce, release, perform,display, or disclose these technical data are restricted by prargraph(b) (3) of the Rights in Technical Data--Noncommercial Items clausecontained in the above identified contract. Any reproduction oftechnical data or portions thereof marked with this legend must alsoreproduce the markings. Any person, other than the Government, who hasbeen provided access to such* data must promptly notify the above namedContractor.

(End of Legend)

(4) Special license rights markings.(i) Data in which the Government's rights stem from a specifically

negotiated license shall be marked with the following legend:

Special License RightsThe Government's rights to use, modify, reproduce, release, perform,

display, or disclose these data are restricted by Contract No. ______(Insert contract number)_______, License No. _____(Insert licenseidentifier)_______. Any reproduction of technical data or portionsthereof marked with this legend must also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not includegovernment purpose license rights acquired under a prior contract (seeparagraph (b)(5) of this clause).(5) Pre-existing data markings. If the terms of a prior contract or

license permitted the Contractor to restrict the Government's rights touse, modify, reproduce, release, perform, display, or disclose technicaldata deliverable under this contract, and those restrictions are still

1-166


A R 3 I 1937

applicable, the Contractor may mark such data with the appropriaterestrictive legend for which the data qualified under the prior contractor license. The marking procedures in paragraph (f)(1) of this clauseshall be followed.(g) Contractor procedures and records. Throughout performance of this

contract, the Contractor and its subcontractors or suppliers that willdeliver technical data with other than unlimited rights, shall--

(1) Have, maintain, and follow written procedures sufficient to assurethat restrictive markings are used only when authorized by the terms ofthis clause; and

(2) Maintain records sufficient to justify the validity of anyrestrictive markings on technical data delivered under this contract.(h) Removal of unjustified and nonconforming markings.(1) Unjustified technical data markings. The rights and obligations of

the parties regarding the validation of restrictive markings on technicaldata furnished or to be furnished under this contract are contained inthe Validation of Restrictive Markings on Technical Data clause of thiscontract. Notwithstanding any provision of this contract concerninginspection and acceptance, the Government may ignore or, at theContractor's expense, correct or strike a marking, if, in accordance withthe procedures in the Validation of Restrictive Markings on TechnicalData clause of this contract, a restrictive marking is determined to beunjustified.

(2) Nonconforming technical data markings. A nonconforming marking isa marking placed on technical data delivered or otherwise furnished tothe Government under this contract that is not in the format authorizedby this contract. Correction of nonconforming markings is not subject tothe Validation of Restrictive Markings on Technical Data clause of thiscontract. If the Contracting Officer notifies the Contractor of anonconforming marking and the Contractor fails to remove or correct suchmarking within sixty (60) days, the Government may ignore or, at thecontractor's expense, remove or correct any nonconforming marking.(i) Relation to patents. Nothing contained in this clause shall imply a

license to the Government under any patent or be construed as affecting thescope of any license or other right otherwise granted to the Governmentunder any patent.

(j) Limitation on charges for rights in technical data.(1) The Contractor shall not charge to this contract any costs,

including, but not limited to, license fees, royalities, or similarcharges, for rights in technical data to be delivered under this contractwhen--

1-167

DACW4S-93-C-0200MODIFICATION NO. A00039CHANGE "BH" AR311938

(i) The Government has acquired, by any means, the same or greaterrights in the data; or

(ii) The data are available to the public without restrictions.(2) The limitation in paragraph (j)(1) of this clause--(i) Includes costs charged by a subcontractor or supplier, at any

tier, or costs incurred by the Contractor to acquire rights insubcontractor or supplier technical data, if the subcontractor orsupplier has been paid for such rights under any other Governmentcontract or under a license conveying the rights to the Government; and

(ii) Does not include the reasonable costs of reproducing, handling,or mailing the documents or other media in which the technical datawill be delivered.

(k) Applicability to subcontractors or suppliers.(1) The Contractor shall ensure that the rights afforded its

subcontractors and suppliers under 10 U.S.C. 2320, 10 U.S.C. 2321, andthe identification, assertion, and delivery processes of paragraph (e) ofthis clause are recognized and protected.

(2) Whenever any technical data for noncommercial items is to beobtained from a subcontractor or supplier for delivery to the Governmentunder this contract, the Contractor shall use this same clause in thesubcontract or other contractual instrument, and require itssubcontractors or suppliers to do so, without alteration, except toidentify the parties. No other clause shall be used to enlarge ordiminish the Government's, the Contractor's, or a higher-tiersubcontractor's or supplier's rights in a subcontractor's or supplier'stechnical data.

(3) Technical data required to be delivered by a subcontractor orsupplier shall normally be delivered to the next higher-tier contractor,subcontractor, or supplier. However, when there is a requirement in theprime contract for data which may be submitted with other than unlimited'rights by a subcontractor or supplier, then said subcontractor orsupplier may fulfill its requirement by submitting such data directly tothe Government, rather than through a higher-tier contractor,subcontractor, or supplier.

(4) The Contractor and higher-tier subcontractors shall not use theirpower to award contracts as economic leverage to obtain rights intechnical data from their subcontractors or suppliers.

(5) In no event shall the Contractor use its obligation to recognizeand protect subcontractor or supplier rights in technical data as anexcuse for failing to satisfy its contractual obligations to theGovernment.

1-168


AR3I1939

(End of clause)

1.110 252.227-7018 RIGHTS IN NONCOMMERCIAL TECHNICAL DATA AND COMPUTER SOFTWARE--SMALLBUSINESS INNOVATJ /IE? ARCH (SBIR) PROGRAM (JUN 1995)

<y(a) Definitions. As used in this claussL y\

**• x(1) Commercial computer software means 9<o,ftwjrae developed or regularlyused for nongovernmental purposes which-- * J^^

ii} Has been sold, leased, or licensed to thS public;(ii) Has been offered for sale, lease, or license to the public;(iii) Has not been offered, sold, leased, or licensed to the public

but will be available for commercial sale, lease, or license in time tosatisfy the delivery requirements of this contract; or

(iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or *(iii) of this clause and would require only minor modification to meetthe requirements of this contract.(2) Computer database means a collection of recorded data in a form

capable of being processed by a flfcmputer. The term does not includecomputer software. * S\.

(3) Computer program means a sea ofyinstructions, rules, or routines,recorded in a form that is capable d\ calling a computer to perform aspecific operation or series of operations.V

/(4) Computer software means computer prdgraji source code, source code

listings, object code listings, design details, algorithms, processes,flow charts, formulae, and related material that would enable thesoftware to be reproduced, re-created, or recompiled. Computer softwaredoes not include computer databases or computer software documentation.

(5) Computer software documentation means owner's manuals, user'smanuals, installation instructions, operating instructions, and othersimilar items, regardless of storage medium, that explain thecapabilities of the computer software or provide instructions for usingthe software. S\

(6) Detailed manufacturing orT»TOC|MS data means technical data thatfi*describe the steps, sequences, and on&itions of manufacturing,

processing or assembly used by the m^ufMfurer to produce an item orcomponent or to perform a process.

(7) Developed means-- r >L(i) (Applicable to technical data other «5an computer software

documentation.) An item, component, or process, exists and is

lufa tu

1-169


AR31 191*0

workable. Thus, the item or comnprAnt must have been constructed orthe process practiced. Workabilrfcy'jB generally established when theitem, component, or process has be ranalyzed or tested sufficiently todemonstrate to reasonable people skijrfed in the applicable art thatthere is a high probability that it wi*J?vdperate as intended. Whether,how much, and what type of analysis or tesf\ig is required to establishworkability depends on the nature of the ifi*!\ component, or process,and the state of the art. To be considered* "developed," the item,component, or process need not be at the stage where it could beoffered for sale or sold on the commercial market, nor must the item,component or process be actually reduced to practice within the meaningof Title 35 of the United States Code;

(ii) A computer program has been successfully operated in a computerand tested to the extent sufficient to demonstrate to reasonablepersons skilled in the art that the program can reasonably be expectedto perform its intended purpose; i.

(iii) Computer software, other MMm computer programs, has beentested or analyzed to the extent su «.c:Lent to demonstrate to

» reasonable persons skilled in the art nat the software can reasonablybe expected to perform its intended purn0&; or

(iv) Computer software documentation required to be delivered under acontract has been written, in any medium/'insufficient detail tocomply with requirements under that contra T(8) Developed exclusively at private expense means'development was

accomplished entirely with costs charged to indirect cost pools, costsnot allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowestpracticable level.

(ii! Under fixed-price contracts, when total costs are greater thanthe firm-fixed-price or ceiling pricaof the contract, the additionaldevelopment costs necessary to comV^Ce development shall not beconsidered when determining whether VeMopment was at government,private, or mixed expense. ^

eminent.*!(9) Developed exclusively with government nds means development wasnot accomplished exclusively or partially at pAivate expense.

(10) Developed with mixed funding means development was accomplishedpartially with costs charged to indirect cost «cbls and/or costs notallocated to a government contract, and partially with costs chargeddirectly to a government contract.

(11) Form, fit, and function data means technical data that describethe required overall physical, functional, and performance

1-170


AR'3ll9l*

characteristics (along with the qualification requirements, ifapplicable) of an item, componenlfv or process to the extent necessary topermit identification of physiCxUty/hvl functionally interchangeableitems. % //

or(12) Generated means technical data or »mpvi£er software first createdin the performance of this contract. / /ss

(13) Government purpose means any activity in wKich the United StatesGovernment is a party, including cooperative agreements withinternational or multi-national defense organizations or sales ortransfers by the United States Government to foreign governments orinternational organizations. Government purposes include competitiveprocurement, but do not include the rights to use, modify, reproduce,release, perform, display, or disclose technical data or computersoftware for commercial purposesyfcjauthorize others'to do so.

^^^ jc*»(14) Limited rights means the rights* to, use, modify, reproduce,release, perform, display, or disclose chnfal data, in whole or inpart, within the Government. The GovernmeHj maV^not , without thewritten permission of the party asserting limfted ights , release ordisclose the technical data outside the Government, use the technicaldata for manufacture, or permit the technical data to be used by anotherparty, except that the Government may reproduce, release or disclose suchdata or permit the use or reproduction of the data by persons outside theGovernment if reproduction, release, disclosure, or use is--

(i) Necessary for emergency repair and overhaul; or(ii) A release or disclosure of technical data (other than detailed

manufacturing or process data) to, or use of such data by, a foreigngovernment that is in the interest of the Government and is requiredfor evaluational or informational purposes;

(iii) Subject to a prohibition on the further reproduction, releasedisclosure, or use of the technical data; and

(iv) The Contractor or subcontractor asserting the restriction isnotified of such reproduction, >»«.a e, disclosure, or use.(15) Minor modification means a mo:U.fjcatipn that does not

significantly alter the nongovernmental\Eu/retiOD or purpose of computersoftware or is of the type customarily provldejfl inNJjhe commercialmarketplace . ^J*

(16) Noncommercial computer software means software that does notqualify as commercial computer software under paragraph (a) (1) of thisclause .

(17) Restricted rights apply only to noncommercial computer softwareand mean the Government's rights to —

1-171


AR31

(i) Use a computer program with one computer at one time. The programmay not be accessed by more than one terminal or central processingunit or time shared unless otherwise permitted by this contract;

(ii) Transfer a computer program to another Government agency withoutthe further permission of the Contractor if the transferor destroys allcopies of the program and related computer software documentation inits possession and notifies the licensor of the transfer. Transferredprograms remain subject to the provisions of this clause;

(iii) Make the minimum number of copies of the computer softwarerequired for safekeeping (archive), backup, or modification purposes;'(iv) Modify'computer so H/ra provided that the Government may--

(A) Use the modified software nlys s provided in paragraphs(a) (17) (i) and (iii) of this clau ; a t>(B) Not release or disclose the modilieiSsoftware except as

provided in paragraphs (a)(17) (ii), (v) and (vi) of this clause;(v) Permit contractors or_ subcontractors performing service contracts

(see 37.101 of the Federal Acquisition Regulation) in support of thisor a related contract to use computer software to diagnose and correctdeficiencies in a computer program, to modify computer software toenable a computer program to be combined with, adapted to, or mergedwith other computer programs or when necessary to respond to urgenttactical situations, provided that--

(A) The Government notifies the party which has granted restrictedrights that a release or disclosure to particular contractors orsubcontractors was made;

(B) Such contractors or subcontractors are subject to the non-disclosure agreement at 227.7103-7 of the Defense FederalAcquisition Regulation Supplement (DFARS) or are Governmentcontractors receiving access toytbe software for performance of aGovernment contract that contaSw/tXexclause at DFARS 252.227-7025,7* fLimitations on the Use or Disclosure of Government-FurnishedInformation Marked with Restrictive Le fenSs; v

V J *(C) The Government shall not permit the re fi.pipnt to decompiledisassemble, or reverse engineer the software,- ot use softwaredecompiled, disassembled, or reverse engineered by the Governmentpursuant to paragraph (a)(17)(iv) of this clause, for any otherpurpose; and

(D) Such use is subject to the limitation in paragraph (a)(17)(i)of this clause; and(vi) Permit contractors or subcontractors performing emergency

repairs or overhaul of items or components of items, procured under

1-172


A-R31 191*3

this or a related contract to use the computer software when necessaryto perform the repairs or overhaul, or to modify the computer softwareto reflect the repairs or overhaul made, provided that--

(A) The intended recipient is subject to the non-disclosureagreement at DFARS 227.7103-7 or is a Government contractor receivingaccess to the software for performance of a Government contract thatcontains the clause at DFARS 252.227-7025, Limitations on the Use orDisclosure of Government Furnished Information Marked withRestrictive Legends; and

(B) The Government shall n^&Vpermit the recipient to decompile,disassemble, or reverse engSheei khe software, or use software

X^* fdecompiled, disassembled, or reVerjre engineered by the Governmentpursuant to paragraph (a)(17)(iv) OfySJis clause, for any other

purpose. ^ //X(18) SBIR data rights means a royalty-free l fcense for the Government,

including its support service contractors, to use, modify, reproduce,release, perform, display, or disclose technical data or computersoftware generated and delivered under this contract for any UnitedStates Government purpose.

(19) Technical data means recorded information, regardless of the formor method of the recording, of a scientific or technical nature(including computer software documentation). The term does not includecomputer software or data incidental to•contract administration, such asfinancial and/or management information.

(20) Unlimited rights means rights to use, modify, reproduce, release,perform, display, or disclose, technical data or computer software inwhole or in part, in any manner and for any purpose whatsoever, and tohave or authorize others to do so.(b) Rights in technical data and computer software. The Contractor grants

or shall obtain for the Government the following royalty-free, world-wide,nonexclusive, irrevocable licena rights in technical data or noncommercialcomputer software. All rights rfoc qratated to the Government are retained bythe Contractor. ^V f

(1) Unlimited rights. The Governntenjlyshall have unlimited rights intechnical data, including computer sofwraacaocumentation, or computersoftware generated under this contract

(i) Form, fit, and function data;(ii) Necessary for installation, operation, maintenance, or

training purposes (other than detailed manufacturing or process data);(iii) Corrections or Changes to Government-furnished technical data

or computer software;

1-173


AR3!

(iv) Otherwise publicly available or have been released or disclosedby the Contractor or a subcontractor without restrictions on furtheruse, release or disclosure other than a release or disclosure resultingfrom the sale, transfer, or other assignment of interest in thetechnical data or computer software to another party or the sale ortransfer of some or all of a business entity or its assets to anotherparty;

(v) Data or software in which the Government has acquired previouslyunlimited rights under another Government contract or through aspecific license; and

(vi) SBIR data upon expiratio) \f the SBIR data rights period.(2) Limited rights. The Government.j§h>ill have limited rights in

technical data, that were not generaOeclXinder this contract, pertain to

items, components or processes developed mlusSyeiy at private expense,

and are marked, in accordance with the markin r instructions in paragraph(f) (1) of this clause, with the legend prescrib \n paragraph (f) (2) ofthis clause.

(3) Restricted rights in computer software. The Government shall haverestricted rights in noncommercial computer software required to bedelivered or otherwise furnished to the Government under this contractthat were developed exclusively at private expense and were not generatedunder this contract.

(4) SBIR data rights.(i) Except for technical data, including computer software

documentation, or computer software in which the Government hasunlimited rights under paragraph (b)(1) of this clause, the Governmentshall have SBIR data rights in all technical data or computer softwaregenerated under this contract during the period commencing withcontract award and ending upon the date five years after completion ofthe project from which such data were generated.

(ii) The Government may not release or disclose SBIR data to anyperson, other than its supporty**rvices contractors, except--

(A) As expressly permitteo>J»f tth§ Contractor;(B) For evaluation purposes; o$r ^(C) A release, disclosure, or use»th^Sis necessary for emergency

repair or overhaul of items operated By y<fe Government.(iii) A release ,or disclosure of SBIR datajfcthe Government's

support services contractors, or a release or disclosure underparagraph (b) (4) (ii) (B) or (C) of this clause, may be made only if,prior to release or disclosure, the intended recipient is subject tothe use and non-disclosure agreement at DFARS 227.7103-7 or is a

1-174


A R 3 I I 9 U S

Government contractor receiving access to the technical data orsoftware for performance of a Government contract that contains theclause at DFARS 252.227-7025, Limitations on the Use of Disclosure ofGovernment-Furnished Information Marked with Restrictive Legends.(5) Specifically negotiated license rights. The standard license rights

granted to the Government under paragraphs (b)(1) through (b)(4) of thisclause may be modified by mutual agreement to provide, such rights as theparties consider appropriate but shall not provide the Government lesserrights in technical data, including computer software documentation, thanare enumerated in paragraph yt\(14) of this clause or lesser rights incomputer software than are «iu/e/6<;ed in paragraph (a) (17) of thisclause. Any rights so negotiated skall be identified in a licenseagreement made part of this contract •/C

(6) Prior government rights. Technical deca. including computersoftware documentation, or computer softwar that will be delivered,furnished, or otherwise provided to the Government under this contract,in which the Government has previously obtained rights shall bedelivered, furnished, or provided with the pre-existing rights, unless--

(i) The parties have agreed otherwise; or(ii) Any restrictions on the Government's rights to use, modify,

release, perform, display, or disclose the technical data or computersoftware have expired or no longer apply.(7) Release from liability. The Contractor agrees to release the

Government from liability for any release or disclosure of technicaldata, computer software, or computer software documentation made inaccordance with paragraph (a) 4 ), (a) (17), or (b) (4) of this clause, orin accordance with the terms Or icense negotiated under paragraph(b) (5) of this clause, or by othVrsy o whom the recipient has released ordisclosed the data, software, or docum cation and to seek relief solelyfrom the party who has improperly used, ntooixied, reproduced, released,performed, displayed, or disclosed Contracts data or software markedwith restrictive legends.(c) Rights in derivative computer software or computer software

documentation. The Government shall retain its rights in the unchangedportions of any computer software or computer software documentationdelivered under this contract that the Contractor uses to prepare, orincludes in, derivative software or documentation.

(d) Third party copyrighted technical data and computer software. TheContractor shall not, without the written approval of the ContractingOfficer, incorporate any copyrighted technical data, including computersoftware documentation, or computer software in the data or software to be.

1-175


AR31 I9t*6

delivered under this contract unless the Contractor is the copyright owneror has obtained for the Government the license rights necessary to perfecta license or licenses in the deliverable data or software of the

appropriate scope set forth in paragraph (b) of this clause and, prior todelivery of such--

(1) Technical data, has affixed to the transmittal document a statementof the license rights obtained; or

(2) Computer software, has provided a statement of the license rightsobtained in a form acceptable to%h/ attracting Officer.(e) Identification and delivery of tfchnifcal data or computer software to

be furnished with restrictions on use, reSeasi Sor disclosure.* V(1) This paragraph does not apply to tecnsaicac data or computer

software that were or will be generated under thie»contract or to

restrictions based solely on copyright.(2) Except as provided in paragraph (e) (3) of this clause, technical

data or computer software that the Contractor asserts should be furnishedto the Government with restrictions on use, release, or disclosure isidentified in an attachment to this contract (the Attachment) . TheContractor shall not deliver any technical data or computer software withrestrictive markings unless the technical data or computer software arelisted on the Attachment.

(3) In addition to the assertions made in the Attachment, other

assertions may be identified after award when based on new information or

inadvertent omissions unless the inadvertent omissions would havematerially affected the source selection decision. Such identificationand assertion shall be submitted to the Contracting Officer as soon aspracticable prior to the scheoujed.date for delivery of the technicaldata or computer software, in th EoM.owing format, and signed by anofficial authorized to contractuall)spblgat«£ the Contractor:

Identification and Assertion of Restriction^on the Government'sUse, Release, or Disclosure of Technical Data or Computer Software.

The Contractor asserts for itself, or the persons identified below,that the Government's rights to use, release, or disclose the followingtechnical data or computer software should be restricted:

Technical data or computer Basis for Asserted Name of personsoftware to be furnished T" assertion rights assertingwith restrictions \1\ \2\ category \3\ restrictions \4\

1-176


AR31 191*7

(LIST) ................. (LIST) ...... (LIST) ...... (LIST) .

\1\ If the assertion is applicable to items, components, or processesdeveloped at private expense, identify both the technical data and eachsuch item, coimponent, or process.\2\ Generally, development at private expense, either exclusively orpartially, is the only basis for asserting restrictions on theGovernment's rights to use, release, or disclose technical data orcomputer software. Indicate whether development was exclusively orpartially at private expense. If development was not at privateexpense, enter the specific rea*€mfor asserting that the Government'srights should be restricted. »\3\ Enter asserted rights category (e. , jftwited rights, restrictedrights, government purpose rights, or govesnmaftC Durpose license rightsfrom a prior contract, SBIR data rights under anCbher contract, orspecifically negotiated licenses).\4\ Corporation, individual, or other person, as appropriate.

Date- — - — --- —— ————————— -- ——— ——— ——— —— — — -----------— ---------

Printed Name and Title- — -- —— ----- —————— ————————— — —— — -- — ----

Signature-----------------———————————————---—-_____---_----———-- ~-

(End of identification and assertion)(4) When requested by the Contracting Officer, the Contractor shall

provide sufficient information to enable the Contracting Officer toevaluate the Contractor's assertions. The Contracting Officer reservesthe right to add the Contractor's assertions to the Attachment andvalidate any listed assertions, £tf later date, in accordance with theprocedures of the Validation of Asssfrted /Restrictions—Computer Softwareand/or Validation of Restrictive Markiriijs g Technical Data clauses ofthis contract. >v "* ..(f) Marking requirements. The Contractor, and itjnsubcontractors or

suppliers, may only assert restrictions on the Government's rights to use,modify, reproduce, release, perform, display, or disclose technical data orcomputer software to be delivered under this contract by marking thedeliverable data or software subject to restriction. Except as provided inparagraph (f) (6) of this clause, only the following markings are authorizedunder this contract: the limited rights legend at paragraph (f)(2) of this

1-177


A R 3 1 191*8

clause; the restricted rights legend at paragraph (f) (3) of this clause,the SBIR data rights legend at paragraph (f) (4) of this clause, or thespecial license rights legend at paragraphs (f) (5) of this clause; and/or anotice of copyright as prescribed under 17 U.S.C. 401 or 402.

(1) General marking instructions. The Contractor, or its subcontractorsor suppliers, shall conspicuously and legibly mark the appropriate legendto all technical data and computer software that qualify for suchmarkings. The authorized legends shall be placed on the transmittaldocument or storage container and, for printed material, each page of theprinted material containing technical data or computer software for whichrestrictions are asserted. When only portions of a page of printed

material are subject to the asserted restrictions, such portions shall beidentified by circling, underscoring, with a note, or otherappropriate identifier. TechnjpaJ d ta or computer software transmitteddirectly from one computer or compifceryterminal to another shall containa notice of asserted restrictions. HoVpvK^ instructions that interferewith or delay the operation of computer software An, order to display arestrictive rights legend or other license stat jent at any time prior toor during use of the computer software, or otherwise cause suchinterference or delay, shall not be inserted in software that will or

might be used in combat or situations that simulate combat conditions,unless the Contracting Officer's written permission to deliver suchsoftware has been obtained prior to delivery. Reproductions of technicaldata, computer software, or any portions thereof subject to assertedrestrictions shall also reproduce the asserted restrictions.

(2) Limited rights markings. Technical data not generated under thiscontract that pertain to items, components, or processes developedexclusively at private expense and delivered or otherwise furnished withlimited rights shall be marked with the following legend:

Limited Rights

/\Contract No.----------------------y

Contractor Name------------------- — - — --Vj-y , - -—— — " — — -------

Contractor Address-------- — - —— —— —— -- — -------^^-------- — -- — ----

The Government's rights to use, modify, reproduce, release, perform,

1-178

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE "BH" AR31 19149

display, or disclose these technical data are restricted by paragraph(b) (2) of the Rights in Noncommercial Technical Data and ComputerSoftware—Small Business Innovative Research (SBIR) Program clausecontained in the above identified contract. Any reproduction of technicaldata or portions thereof marked with this legend must also reproduce themarkings. Any person, other than the Government, who has been providedaccess -to such data must promptly/nfctify the above named Contractor.

<5(End of leglfed(3) Restricted rights markings. Computer' sdS ware delivered or

otherwise furnished to the Government with restjAsted rights shall bemarked with the following legend:

Restricted Rights

Contract No.------- — — — —— ———

Contractor Name-

Contractor Address-

The Government's rights to use, modify, reproduce, release, perform,display, or disclose this software are restricted by paragraph (b)(3) ofthe Rights in Noncommercial Technical Data and Computer Software—SmallBusiness Innovative Research (SBIR) Program clause contained in the aboveidentified contract. Any reproduction of computer software or portionsthereof marked with this legend must Jfi\° reproduce the markings. Anyperson, other than the Government, wno iasSoeen provided access to suchdata must promptly notify the above nameo> Contractor.

(End of legend)(4) SBIR data rights markings: Except for technj£Jtl data or computer

software in which the Government has acquired unlimited rights underparagraph (b)(1) of this clause, or negotiated special license rights asprovided in paragraph (b)(5) of this clause, technical data or computersoftware generated under this contract shall be marked with the followinglegend. The Contractor shall enter the expiration date for the SBIR datarights period on the legend:

1-179


AR31 1950

SBIR Data Rights

Contract No.-

Contractor Name-

Address-----——-

Expiration of SBIR Data Right^

The Government's rights to use, modify Jrepcpduce, release, perform,t />

display, or disclose technical data or compu r , S£tware marked with thislegend are restricted during the period shown afc provided in paragraph(b)(4) of the Rights in Noncommercial Technical Data and ComputerSoftware--Small Business Innovative Research (SBIR) Program clausecontained in the above identified contract. No restrictions apply afterthe expiration date shown above. Any reproduction of technical data,computer software, or portions thereof marked with this legend must alsoreproduce the markings.

(End of legend)(5) Special license rights markings.(i) Technical data or computer software in which the Government's

rights stem from a specifically negotiated license shall be marked withthe following legend:

Special Licen v Rights

The Government's rights to use, modiqt yfeprQ uce, release, perform,display, or disclose this technical data or*qpmputS^ software arerestricted by Contract No. _____________ (Insert:t jtohtract number)_____________, License No. _____________ (Insert licenseidentifier) ____________. Any reproduction of technical data,computer software, or portions thereof marked with this legend must alsoreproduce the markings.

(end of legend)(ii) For purposes of €his clause, special licenses do not include

government purpose license rights acquired under a prior contract (see

1-180

DACW4S-93-C-0200MODIFICATION NO. A00039CHANGE "BH"

A R 3 1 1 9 5 1

paragraph (b)(6) of this clause).(6) Pre-existing data markings. If the terms of a prior contract or

license permitted the Contractor to restrict the Government's rights touse, modify, reproduce, release, perform, display, or disclose technicaldata or computer software, and those restrictions are still applicable,the Contractor may mark such data or software with the appropriaterestrictive legend for which the data or software qualified under theprior contract or license. The marking procedures in paragraph (f)(1) ofthis clause shall be followed.(g) Contractor procedures and r/cords. Throughout performance of this

contract, the Contractor, and itsSubcBntyractors or suppliers that willdeliver technical data or computer software^^thother than unlimitedrights, shall— >* / /*+

(1) Have, maintain, and follow written procedi s sufficient to assurethat restrictive markings are used only when authorized by the terms ofthis clause; and

(2) Maintain records sufficient to justify the validity of anyrestrictive markings on technical data or computer software deliveredunder this contract.(h) Removal of unjustified and nonconforming markings.(1) Unjustified markings. The rights and obligations of the parties

regarding the validation of restrictive markings on technical data orcomputer software furnished or to be furnished under this contract arecontained in the Validation of Restrictive Markings on Technical Data andthe Validation of Asserted Restrictions—Computer Software clauses ofthis contract, respectively. Notwithstanding any provision of thiscontract concerning inspection and acceptance, the Government may ignoreor, at the Contractor's expense, conredt or strike a marking if, inaccordance with the applicable procedur * of/those clauses, arestrictive marking is determined to be un jstrfied.

(2) Nonconforming markings. A nonconforming Tuarkpig J.S a marking placedon technical data or computer software delivered or Otherwise furnishedto the Government under this contract that is not in the formatauthorized by this contract. Correction of nonconforming markings is notsubject to the Validation of Restrictive Markings on Technical Data orthe Validation of Asserted Restrictions—Computer Software clause of thiscontract. If the Contracting Officer notifies the Contractor of anonconforming marking or markings and the Contractor fails to remove orcorrect such markings within sixty (60) days, the Government may ignoreor, at the Contractor's expense, remove or correct any nonconformingmarkings.

1-181


AR3I1952

(i) Relation to patents. Nothing contained in this clause shall imply alicense to the Government under any patent or be construed as affecting thescope of any license or other right otherwise granted to the Governmentunder any patent.

(j) Limitation on charges for rights in technical data or computersoftware.

(1) The Contractor shall not charge to this contract any cost,including but not limited to, license fees, royalties, or similarcharges, for rights in technical data or computer software to bedelivered under this contract when—

(i) the Government has acgjlH.aad.by any means, the same or greaterrights in the data or software,- /

(ii) The data are available to tlrngpu/Ciicsfithout restrictions.(2) The limitation in paragraph (j)(l) of ynis/Siause—(i) Includes costs charged by a subcontractor or supplier, at any

tier, or costs incurred by the Contractor to acquire rights insubcontractor of supplier technical data or computer software, if thesubcontractor or supplier has been paid for such rights under any otherGovernment contract or under a license conveying the rights to theGovernment; and

(ii) does not include the reasonable costs of reproducing, handling,or mailing the documents or other media in which the technical data orcomputer software will be delivered.

(k) Applicability to subcontractors or suppliers.(1) The Contractor shall assure that the rights afforded its

subcontractors and suppliers under 10 U.S.C. 2320, 10 D.S.C. 2321, andthe identification, assertion, and delivery processes required byparagraph (e) of this clause are recognized and protected.

(2) Whenever any noncommercial jfeJinXal data or computer software isto be obtained from a subcontractor o suifclier for delivery to the. / /***•. _ _ ..Government under this contract, the Contnc c stall use this same clausein the subcontract or other contractual instrumqfnt,/ "d require itssubcontractors or suppliers to do so, without alte*a,tion, except toidentify the parties. The Contractor shall use the TechnicalData--Commercial Items clause of this contract to obtain technical datapertaining to commercial items, components, or processes. No otherclause shall be used to enlarge or diminish the Government's, theContractor's, or a higher tier subcontractor's or supplier's rights in asubcontractor's or supplier's technical data or computer software.

(3) Technical data required to be delivered by a subcontractor orsupplier shall normally be delivered to the next higher tier contractor.

1-182

DACW4S-93-C-0200MODIFICATION NO. A0003?CHANGE "BH"

AR3I1953

subcontractor, or supplier. However, when there is a requirement in theprime contract for technical data which may be submitted with other thanunlimited rights by a subcontracrorJorf^upplier, then said subcontractoror supplier may fulfill its requirement bf submitting such technical datadirectly to the Government, rather than cnr gh higher tier contractor,subcontractor, or supplier. / XT*

(4) The Contractor and higher tier subcontractors\>r suppliers shallnot use their power to award contracts as economic leverage to obtainrights in technical data or computer software from their subcontractorsor suppliers.

(5) In no event shall the Contractor use its obligation to recognizeand protect subcontractor or supplier rights in technical data orcomputer software as an excuse for failing to satisfy its contractualobligation to the Government.

(End of clause)

I.Ill 252.227-7029 RESERVED

1.112 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

When the allowability of costs under this contract is determined inaccordance with Part 31 of the Federal Acquisition Regulation (FAR),allowability shall also be determined in accordance with Part 231 of theDefense FAR Supplement, in effect on the date of this contract.

(End of clause)

1.113 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD (AUG1992)

(a) 10 U.S.C. 2307 (e) permits the head of .the agency to reduce orsuspend further payments to the Contractor upon a written determination bythe agency head that substantial evidence exists that the Contractor'srequest for advance, partial, or progress payments is based on fraud. Theprovisions of 10 U.S.C. 2307(e) are in addition to any other rights or

1-183

DACW4S-93-C-0200MODIFICATION NO. A00039CHANGE "BH"

A R 3 i 19514

remedies provided the Government by law or under contract.(b) Actions taken by the Government in accordance with 10 U.S.C. 2307(e)

shall not constitute an excusable delay under the Default clause of thiscontract or otherwise relieve the Contractor of its obligations to performunder this contract.

(End of clause)

1.114 252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF (MAY 1994)

(a) Any contract claim, request for equitable adjustment to contractterms, request for'relief under Pub. L. 85-804, or other similar requestexceeding $100,000 shall bear, at the time of submission, the followingcertificate given by an individual who has knowledge of the basis of theclaim or request, knowledge of the accuracy and completeness of the ~" "supporting data, and knowledge of the claim or request:

I certify that the claim is made in good faith, that thesupporting data are accurate and complete to the best ofmy knowledge and belief; that the amount requested accuratelyreflects the contract adjustment for which the Contractorbelieves the Government is liable; and that I am dulyauthorized to certify the claim on behalf of the Contractor.

(Official's Name)

(Title)

(b) The certification in paragraph (a) of this clause requires fulldisclosure of all relevant facts, including cost and pricing data.

(c) The certification requirement in paragraph (a) of this clause doesnot apply to:

(1) Requests for routine contract payments; for example, those forpayment for accepted supplies and services, routine vouchers undercost-reimbursement type contracts, and progress payment invoices; or

(2) Final adjustments under incentive provisions of contracts.(d) In those situations where no claim certification for the purposes of

10 U.S.C. 2410e has been submitted prior to the inception of a contractdispute, a single certification, using the language prescribed by the

1-184

DACW45-93-C-0200MODIFICATION NO. A00039CHANGE "BH" A R 3 I 1 9 5 5

Contract Disputes Act (41 U.S.C. 601 et seq.) but signed by an individualwho is authorized to bind the contractor and who has knowledge of the basisof the claim or request, knowledge of the accuracy and completeness of thesupporting data, and knowledge of the claim or request, will satisfy thecertification requirements of both statutes.

(e) If this is a request for equitable adjustment under a substantiallycompleted contract or a completed contract, the certification will beexpanded to include the following:

This claim includes only costs for performing the allegedchange, and does not include any costs which have already beenreimbursed or which have been separately claimed. All indirectcosts claimed are properly allocable to the alleged change inaccordance with applicable acquisition regulations. I am awarethat the submission of a false claim to the Government can resultin the assessment of significant criminal and civil penalties andfines.

(End of clause)

1.115 252.242-7001 reserved

1.116 252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (DEC 1991)

(a) Definitions. As used in this clause—(1) "Material management and accounting system" means the Contractor's

system or systems for planning, controlling, and accounting for theacquisition, use, issuing, and disposition of material. Materialmanagement and accounting systems may be manual or automated.' They may bestand-alone systems or they may be integrated with planning, engineering,estimating, purchasing, inventory, accounting, or other systems.

(2) "Valid time-phased requirements" means material which is--(i) Needed to fulfill the production plan, including reasonable

quantities for scrap, shrinkage, yield, etc.; and(ii) Charged/billed to contracts or other cost objectives in a manner

consistent with the need to fulfill the production plan.(b) General. The Contractor agrees to-

ll) Maintain a material management and accounting system (MMAS) that—

I-18S


AR311956

(i) Reasonably forecasts material requirements;(ii) Ensures that costs of purchased and fabricated material charged

or allocated to a contract are based on valid time-phased requirements;and

(iii) Maintains a consistent, equitable, and unbiased logic forcosting of material transactions.(2) Assess its MMAS and take reasonable action to comply with the MMAS

standards in paragraph (f) of this clause.(c) Applicability. Paragraphs (d) and (e) of this clause apply only if

the Contractor—(1) Is a large business; and(2) Received, in its fiscal year preceding award of this contract.

Department of Defense prime contracts or subcontracts, and theirmodifications totaling--

(i) $50 million or more; or(ii) $10 million or more (but less than $50 million), and is notified

in writing by the Contracting Officer that paragraphs (d) and (e)apply.

(d) Disclosure, demonstration, and maintenance requirements. (1) TheContractor shall--

(i) Disclose its MMAS to the Administrative Contracting Officer inwriting; and

(ii) If requested by the Administrative Contracting Officer,demonstrate that the MMAS conforms to the standards in paragraph (f)of this clause.(2) An MMAS disclosure is adequate when the Contractor has provided the

Administrative Contracting Officer with documentation which—(i) Accurately describes those policies, procedures, and practices

that the Contractor currently uses in its MMAS; and(ii) Provides sufficient detail for the Government to reasonably make

an informed judgment regarding the adequacy of the MMAS.(3) An MMAS demonstration is adequate when the Contractor has provided

the Administrative Contracting Officer—(i) Sufficient evidence to demonstrate the degree of compliance of

its MMAS with the standards at paragraph (f) of this clause; and(ii) Identification of any significant deficiencies, the estimated

cost impact of the deficiency, and a comprehensive corrective actionplan.(4) The Contractor shall disclose significant changes in its MMAS to

the Administrative Contracting Officer within 30 days of implementation.(S) If the Contractor desires the Government to protect such

1-186


RR3II957

information as privileged or confidential, the Contractor shall--(i) Notify the Government representative to whom the information is

submitted, i.e., the ACO, or the auditor; and(ii) Ensure an appropriate legend is on the face of the document(s)

at the time of submission.(e) Deficiencies. (1) If the Contractor receives a report which

identifies deficiencies in its MMAS, the Contractor agrees to respond asfollows —

(i) If the Contractor agrees with the report findings andrecommendations, the Contractor shall—

(A) Within 30 days, state its agreement in writing; and(B) Within 60 days, correct the deficiencies or submit a corrective

action plan.(ii) If the Contractor disagrees with the report findings and

recommendations, the Contractor shall, within 30 days, state itsrationale for each area of disagreement.(2) The Administrative Contracting Officer shall evaluate the

Contractor's response and notify the Contractor of the—(i) Determination concerning remaining deficiencies;(ii) Adequacy of any proposed or completed corrective action plan;

and(iii) Need for any new or revised corrective action plan.

(f) MMAS standards. MMAS systems shall have adequate internal accountingand administrative controls to ensure system and data integrity, and complywith the following:

(1) Have an adequate system description including policies, procedures,and operating instructions which comply with the Federal AcquisitionRegulation and Defense FAR Supplement;

(2) Ensure that costs of purchased and fabricated material charged orallocated to a contract are based on valid time-phased requirements asimpacted by minimum/economic order quantity restrictions—

(i) A 98 percent bill of material accuracy and a 95 percent masterproduction schedule accuracy are desirable as a goal in order to ensurethat requirements are both valid and appropriately time-phased.

(ii) If systems have accuracy levels below these, the Contractorshall demonstrate that—

(A) There is no material harm to the Government due to loweraccuracy levels; and(B) The cost to meet the accuracy goals is excessive in relation to

the impact on the Government;(3) Provide a mechanism to identify, report, and resolve system control

1-187


AR3M958

weaknesses and manual override. Systems should identify operationalexceptions such as excess/residual inventory as soon as known;

(4) Provide audit trails and maintain records (manual and those inmachine readable form) necessary to evaluate system logic and to verifythrough transaction testing that the system is operating as desired;

(5) Establish and maintain adequate levels of record accuracy, andinclude reconciliation of recorded inventory quantities to physicalinventory by part number on a periodic basis. A 95 percent accuracylevel is desirable. If systems have, an accuracy level below 9S percent,the Contractor shall demonstrate that—

(i) There is no material harm to the Government due to lower accuracylevels; and

(ii) The cost to meet the accuracy goal is excessive in relation tothe impact on the Government;(6) Provide detailed descriptions of circumstances which will result in

manual or system generated transfers of parts;(7) Maintain a consistent, equitable, and unbiased logic for costing of

material transactions —(i) The Contractor shall maintain and disclose a written policy

describing the transfer methodologies.(ii) The costing methodology may be standard or actual cost, or any

of the inventory costing methods in FAR 30.411-50(b). Consistencyshall be maintained across all contract and customer types, and fromaccounting period to accounting period for initial charging andtransfer charging.

(iii) The system should transfer parts and associated costs withinthe same billing period. In the few circumstances where this may notbe appropriate, the Contractor may use a loan/pay back technique onlyif approved by the Administrative Contracting Officer. When thetechnique is used, the Contractor shall have controls to ensure—

(A) Parts are paid back expeditiously;(B) Procedures and controls are in place to correct any overbilling

that might occur,-(C) Monthly, at a minimum, identification of the borrowing contract

and the date the part was borrowed; and(D) The cost of the replacement part is charged to the borrowing

contract;(8) Where allocations from common inventory accounts are used, have

controls (in addition to those in paragraphs (b) (2) and (7) of thisclause) to ensure that-- *-

(i) Reallocations and any credit due are processed no less frequently

1-188


AR311959

than the routine billing cycle;(ii) Inventories retained for requirements which are not under

contract are not allocated to contracts; and(iii) Algorithms are maintained based on valid and current data,-

(9) Notwithstanding FAR 45.505-3(f)(1)(ii), have adequate controls toensure that physically commingled inventories that may include materialfor which costs are charged or allocated to fixed-price,cost-reimbursement, and commercial contracts do not compromiserequirements of any of the standards in paragraphs (f)(1) through (8) ofthis clause. Government furnished material shall not be—

(i) Physically commingled with other material; or(ii) Used on commercial work; and

(10) Be subjected to periodic internal audits to ensure compliance withestablished policies and procedures.

(End of clause)

1.117 252.243-7000 ENGINEERING CHANGE PROPOSALS (MAY 1994)

(a) The Contracting Officer may ask the Contractor to prepare engineeringchange proposals for engineering changes within the scope of this contract.Upon receipt of a written request from the Contracting Officer, theContractor shall prepare and submit an erfjiineering change proposal inaccordance with the instructions of MIL>Hro- 3, in effect on the date ofcontract award. ^ f

(b) The Contractor may initiate engineering'X;haX§kj proposals. Contractor£ X.initiated engineering change proposals shall inclwdeylS'not to exceed"

cost or a "not less than" cost and delivery adjustment 1* If the ContractingOfficer orders the engineering change, the increase shVll not exceed nor thedecrease be less than the "not to exceed" or "not less than" amounts.

(c) When the cost of the engineering change is $500,000 or more, theContractor shall submit

(1) A completed SF 1411, Contract Pricing Proposal Cover Sheet, and(2) At the time of agreement on ________, a signed Certificate of

Current Cost or Pricing Data.(End of clause)

1.118 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

1-189


AR311960

When costs are a factor in any price adjustment under this contract, thecontract cost principles and procedures in FAR Part 31 and DFARS Part 231,in effect on the date of this contract, apply.

(End of clause)

1.119 252.245-7001 REPORTS OF GOVERNMENT PROPERTY (MAY 1994)

(a) The Contractor shall provide an annual report—(1) For all DoD property for which the Contractor is accountable under

the contract;(2) Prepared in accordance with the requirements of DD Form 1662, DoD

Property in the Custody of Contractors, or approved substitute, includinginstructions on the reverse side of the form;

(3) In duplicate/ to the cognizant Government property administrator,no later than October 31.(b) The Contractor is responsible for reporting all Government property

accountable to this contract, including that at subcontractor and alternatelocations.

(End of clause)

1.120 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)

(a) Definitions. As used in this clause—(1) "Components" means articles, materials, and supplies incorporated

directly into end products at any level of manufacture, fabrication, orassembly by the Contractor or any subcontractor.

(2) "Department of Defense (DoD)" means the Army, Navy, Air Force,Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flagvessel.

(4) "Ocean transportation" means any transportation aboard a ship,vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, orvendor at any level below the prime contractor whose contractualobligation to perform results from, or is conditioned upon, award of theprime contract and who is performing any part of the work or other

1-190


A R 3 I 1 9 6 1

requirement of the prime contract. However, effective May 1, 1996, theterm does not include a supplier, materialman, distributor, or vendor ofcommercial items or commercial components.

(6) "Supplies" means all property, except land and interests in land,that is clearly identifiable for eventual use by or owned by the DoD atthe time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if,for example, the contract documentation contains a reference to a DoDcontract number or a military destination.

(ii) Supplies includes (but is not limited to) public works;buildings and facilities; ships; floating equipment and vessels ofevery character, type, and description, with parts, subassemblies,accessories, and equipment; machine tools; material; equipment;stores of all kinds; end items,- construction materials; andcomponents of the foregoing.(7) "U.S.-flag vessel" means a vessel of the United States or belonging

to the United States, including any vessel registered or having nationalstatus under the laws of the United States.(b) The Contractor shall employ U.S.-flag vessels in the transportation

by sea of any supplies to be furnished in the performance of this contract.The Contractor and its subcontractors may request that the ContractingOfficer authorize shipment in foreign-flag vessels, or designate availableU.S.-flag vessels, if the Contractor or a subcontractor believes that'-

ll) U.S.-flag vessels are not available for timely ship'ment;(2) The freight charges are inordinately excessive or unreasonable; or(3) Freight charges are higher than charges to private persons for

transportation of like goods.(c) The Contractor must submit any request for use of other than U.S.-

flag vessels in writing to the Contracting Officer at least 45 days priorto the sailing date necessary to meet its delivery schedules. TheContracting Officer will process requests submitted after such date(s) asexpeditiously as possible, but the Contracting Officer's failure to grantapprovals to meet the shipper's sailing date will not of itself constitutea compensable delay under this or any other clause of this contract.'Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;(2) Required shipping date;(3) Special handling and discharge requirements,-(4) Loading and discharge points;(5) Name of shipper and consignee;(6) Prime contract number; and

1-191


BR3I1962

(7) A documented description of efforts made to secure U.S.-flagvessels, including points of contact (with names and telephone numbers)with at least two U.S.-flag carriers contacted. Copies of telephonenotes, telegraphic and facsimile message or letters will be sufficientfor this purpose.(d) The Contractor shall, within 30 days after each shipment covered by

this clause, provide the Contracting Officer and the Division of NationalCargo, Office of Market Development, Maritime Administration, U.S.Department of Transportation, Washington, DC 20590, one copy of the ratedon board vessel operating carrier's ocean bill of lading, which shallcontain the following information--

(1) Prime contract number;(2) Name of vessel;(3) Vessel flag of registry,-(4) Date of loading;(5) Port of loading;(6) Port of final discharge;(7) Description of commodity;(8) Gross weight in pounds and cubic feet if available;(9) Total ocean freight in U.S. dollars; and(10) Name of the steamship company.

(e) The Contractor agrees to provide with its final invoice under thiscontract a representation that to the best of its knowledge and belief--

(1) No ocean transportation was used in the performance of thiscontract;

(2) Ocean transportation was used and only U.S.-flag vessels were usedfor all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the writtenconsent of the Contracting Officer for all non-U.S.-flag oceantransportation; or

(4) Ocean transportation was used and some or all of the shipments weremade on non-U.S.-flag vessels without the written consent of theContracting Officer. The Contractor shall describe these shipments inthe following format:

| Item | Contract || Description | Line Items | Quantity

.1_______________I______________I____________

Total.

1-192


AR311963

(f) If the final invoice does not include the required representation,the Government will reject and return it to the Contractor as an improperinvoice for the purposes of the Prompt Payment clause of this contract. Inthe event there has been unauthorized use of non-U.S.-flag vessels in theperformance of this contract, the Contracting Officer is entitled toequitably adjust the contract, based on the unauthorized use.

(g) The Contractor shall include this clause, including this paragraph(g) in all subcontracts under this contract, which exceed the simplifiedacquisition threshold in Part 13 of the Federal Acquisition Regulation.

(End of clause)

1.121 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)

(a) The Contractor has indicated by the response to the solicitation

provision, Representation of Extent of Transportation by Sea, that it didnot anticipate transporting by sea any supplies. If, however, after theaward of this contract, the Contractor learns that supplies, as defined inthe Transportation of Supplies by Sea clause of this contract, will betransported by sea, the Contractor—

(1) Shall notify the Contracting Officer of that fact; and(2) Hereby agrees to comply with all the terms and conditions of the

Transportation of Supplies by Sea clause of this contract.(b) The Contractor shall include this clause, including this paragraph

(b), revised as necessary to reflect the relationship of the contractingparties, in all subcontracts hereunder, except (effective May 1, 1996)subcontracts for the acquisition of commercial items or components.

(End of clause)

1.122 252.249-7001" NOTIFICATION OF SUBSTANTIAL IMPACT ON EMPLOYMENT (DEC 1991)

(a) Definitions.(1) "Major defense contract or subcontract" means--(i) All prime contracts of $5 million or more; and(ii) All subcontracts~jpf $500,000 or more.

(2) "Substantial impact on employment" means—

1-193


A R 3 I

(i) A reduction of —(A) 2,500 or more employee positions, in the case of a Metropolitan

Statistical Area (MSA) or similar area. MSAs are identified in FIPSPublication 8-5, Metropolitan Statistical Areas, which is availablefrom the U.S. Department of Commerce, National Technical InformationService, Springfield, VA 22161, Tel. (703) 487-4650. Telephoneinquiries concerning MSAs may also be directed to the Bureau of theCensus, Population Division, Population Distribution Branch,Washington, DC, Tel. (301) 763-5158;

(B) 1,000 or more employee positions, in the case of a labor marketarea outside an MSA,- or

(C) One percent of the total number of civilian jobs in that area,-o r - - . _ . -(ii) A reduction, or the threat of a reduction, of—(A) 25 percent or more in sales or production of the Contractor or

subcontractor; or(B) 80 percent or more of the workforce of the Contractor or

subcontractor in any division of such Contractor or suchsubcontractor or at any plant or other facility of such Contractor orsubcontractor; or(iii) Any group of 100 or more workers at a defense facility who are,

or who are threatened to become, eligible to participate in the DefenseConversion Adjustment Program under section 325 of the Job TrainingPartnership Act (29 U.S.C. 1662-1662c, as amended).

(b) This clause applies only if a modification or termination forconvenience of a major defense contract or subcontract will have asubstantial impact on employment.

(c) The Contractor shall notify the Contracting Officer within 30calendar days if the proposed modification or termination for convenienceof this contract or a major defense subcontract under this contract willhave a substantial impact on employment. The Contractor may use DD Form2604, Notification of Substantial Impact. If the form is not used, thenotice shall include:

(1) Contract number;(2) Contractor name and division name;(3) Type of business (e.g. small disadvantaged business, small

business, large business, etc.)(4) Address of affected work location, including county;(5) Contract price of items canceled or terminated;(6) Number of employees^affected;(7) Percentage reduction in sales or production;


AR311965

(8) Percentage of Contractor workforce at affected work location;(9) Title and signature of the reporting official; and(10) The information required by (1) through (9) for each subcontract.

(d) The Contractor shall include the substance of this clause in allsubcontracts of $500,000 or more under this contract.

(End of clause)

1.123 252.249-7002 NOTIFICATION OF PROPOSED PROGRAM TERMINATION OR REDUCTION (MAY 1995)

(a) Definitions. "Major defense program" means a program that is carriedout to produce or acquire a major system (as defined in 10 U.S.C. 2302)(see also DoD Instruction 5000.2, Defense Acquisition Management Policiesand Procedures, Acquisition Categories I and II). "Substantial reduction"means a reduction of 25 percent or more in the total dollar value of ~ •contracts under the program.

(b) Section 1372 of the National Defense Authorization Act for FiscalYear 1994 is intended to help establish benefit eligibility under the JobTraining Partnership Act (29 U.S.C. 1661 and 1662) for employees of DoDcontractors and subcontractors adversely affected by termination orsubstantial reductions in major defense programs.

(c) Notice to employees and state and local officials. Within two weeksafter the Contracting Officer notifies the Contractor that a major defenseprogram is proposed for, or likely to be, terminated or substantiallyreduced, the Contractor shall provide notice of such proposed oranticipated termination or reduction to—

(1) Each employee representative of the Contractor's employees whosework is directly related to the program and who may be impacted in theevent of a termination or substantial reduction; or

(2) If there is no such representative, each such employee;(3) The State dislocated worker unit or office described in section

311(b) (2) of the Job Training Partnership Act (29 U.S.C. 1661(b) (2)); and(4) The chief elected official of the unit of general local government

within which the adverse effect may occur.(d) Notice to subcontractors. As soon as practicable, but not later than

45 days after the Contractor receives the Contracting Officer's notice ofthe proposed termination or reduction in a major defense program, theContractor shall--

(1) Provide notice of the proposed termination or reduction to eachfirst-tier subcontractor with a subcontract of $500,000 or more under

1-195


AR3I1966

the program; and(2) Require that each such subcontractor--(i) Provide notice to each of its subcontractor with a subcontract of

$100,000 or more under the program; and(ii) Impose a similar notice and flowdown requirement to

subcontractors with subcontracts of $100,000 or more.(e) The notice provided an employee under paragraph (c) of this clause

shall have the same effect as a notice of termination to the employee forthe purposes of determining whether such employee is eligible for training,adjustment assistance, and employment services under section 325 or 325A ofthe Job Training Partnership Act (29 U.S.C. 1662d, 1662d-l) . If theContractor has specified that the proposed program termination or reductionis not likely to result in plant closure or mass layoff, as defined in 29U.S.C. 2101, the employee shall be eligible only for services under section314(b) and paragraphs (1) through (14), (16), and (18) of section 314(c) ofthe Job Training Partnership Act (29 U.S.C. 1661c(b) and paragraphs (1)through (14), (16), and (18) of section 1661c(c)).

(f) If the Contracting Officer subsequently withdraws a notice referredto in paragraphs (c) and (d) of this clause, the Contractor, as soon aspracticable but not later than two weeks after receipt of the withdrawalnotice shall provide notice of the withdrawal to-

ll) The representatives, employees, offices, officials, andsubcontractors specified in paragraphs (c) and (d) of this clause,- and

(2) Each grantee under section 325(a) or 325A(a) of the Job TrainingPartnership Act (29 U.S.C. 1662d, 1662d-l), which provides training,adjustment assistance, and employment services to the employees.(g) An employee who receives notice of withdrawal shall not be eligible

for training, adjustment assistance, and employment services under section325 or 325A of the Job Training Partnership Act (29 D.S.C. 1662d,1662d-l), beginning on the date the employee receives such notice.

(End of clause)

1.124 ENGINEERING CHANGE PROPOSALS (AUG 1992) ALTERNATE I (DEC 1991)(Cost Reimbursement Type Contracts)

(a) The Contracting Officer may ask the Contractor to prepareengineering change proposals for engineering changes within the scopeof this contract. Upon receipt of a written request from theContracting Officer, the Contractor shall prepare and submit an

1-196


AR3I1967

engineering change proposal in accordance with the instructions of theContracting Officer's Representative.

(b) The Contractor may initiate engineering change proposals.Contractor initiated engineering change proposals shall include anot to exceed price and delivery adjustment. Change orders issuedunder the Changes clause of this contract are not an authorization toexceed the estimated cost in the schedule unless there is a statementin the change order, or other contract modification, increasing theestimated cost.

(c) When the price of the engineering change is $500,000 or more, theContractor shall submit

(1) A completed SF 1411, Contract' Pricing Proposal Cover Sheet, and(2) At the time of agreement on price, a signed Certificate of

Current Cost or Pricing Data.(d) If the price of a Contractor initiated engineering change is

$1,000 or less, the change, if ordered, shall be made at no adjustmentin the contract price.

(END OF CLAUSE)

1.125 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not tobe in the Government's best interests, the Government's best interests, theGovernment will evaluate offers for award purposes by adding the total pricefor all options to thetotal price for the basic requirement. Evaluation of optionswill not obligatethe Government to exercise the option(s).

(END OF CLAUSE)

1.126 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELYPRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item,identified in the Schedule as an option item, in the quantity and at the price statedin the Schedule. The Contracting Officer may exercise the option by writtennotice to the Contractor within 210 calendar days from the effective date of themodification (Change "BH").>JDelivery of added items shall continue at thesame rate that like items are called for under the contract, unless theparties otherwise agree.

(END OF CLAUSE)

END OF SECTION I

DACW45-93-C-0200 1-197MODIFICATION NO. A00039CHANGE "BH"

AR3I1968

SECTION JLIST OF ATTACHMENTS

J. 1. Construction Management Procedures

J.2. Attachment No. J-2

J-l

DACW45-93-C-0200MODIFICATION NO. A00039 ' a n O I I n C r»CHANGE «BH« A K 0 I I " O 3

ATTACHMENT NO. J-2


Admin Office ManagerAccountantClerk/Typist (10550)

Secretary (01310)Health & Safety TechHygienistInspector Operator, Chief

Incineration Plant Mgr.Lab Director

Chemist (29090)

Lab Tech/Tester (292 1 0)Incinerator OperatorIncinerator Operator AsstStabilizer OperatorVapor Suppressant System Equip OperLaborer/Tender (11180)Heavey Equipment Oper (31200)

GS-7GS-9GS-3

GS-4

GS-9

GS-11GS-11GS-12

GS-12GS-12

GS-5

GS-9GS-7

GS-9

GS-9

WG-3

WG-10

1

11-2

1

1 •1

11

1

1

2-33-43-4 •

1'-1

5-83-5

$10.50

$12.84

$6.75

$7.57$12.84

$15.54

$15.54

$18.62

$18.62

$18.62

$8.47

$12.84

$10.50

$12.84

$12.84

-.

AR3II970

SIGNATURE:

PRINT/TYPED NAME : / J &l*l TUCO/ . !•£_

TITLE;

DATE:

APPROVED BY; x WWJ > (L - Y_!>K^ftlAU-1____________ DATE

VTAME/ K. HERSHEYCONTRACTING OFFICER

REVIEWED BY; \"WMmhU ///• 1_ %-C£C/ZC< _______ DATE<.CZ LYN/M. CINCIBUlTSubcontracting Representative

7> • •RECOMMENDED BY; I UW'*}? /7) • V / tfJjJrf'LzJ DATE;

HUBER -^^ 7 /"Deputy for Small Business

ftR3!198l

_ OHM Remediation\ = Services Corp.

«• A Subsidiary of OHM CornoratiA Subsidiary of OHM Corporation

CONSTRUCTIONMANAGEMENTPROCEDURES

FOR

REQUEST FOR PROPOSAL (RFP)PROPOSED CHANGE "BH"

DACW45-93-C-0200

DRAKE CHEMICAL SUPERFUND SITECONVERSION

8/30/96

AR3I1982

CONSTRUCTION MANAGEMENT PROCEDURES( CMPs )

DRAKE CHEMICAJL SUPERFUND SITE, ON-SITE SOIL INCINERATIONLOCK HAVEN, PA, DACW45-93-C-0200

Now therefore the U.S. Army Corps of Engineers (USAGE), Baltimore District (hereinafter alsoreferred to as the Government) and the Contractor (hereinafter also referred to as OHM) do agreethat the following attached Construction Management Procedures will be used during theperformance of Prime Contract DACW-45-93-C-0200.

L PERSONNEL AND COMPANY POLICIES

H. LOGISTICS MANAGEMENT PLAN

HL GOVERNMENT PROPERTY MANAGEMENT PLAN

IV. KEY PERSONNEL

V. RESOURCE mTLIZATION

VL EQUIPMENT COSTS AND PROCEDURES

VTL MANAGEMENT INFORMATION SYSTEM

VEDL CLOSEOUT PROCEDURES

IX. INDIRECT COST RATES

X. OHM TRAINING

XL WARRANTIES

XH. TRANSPORTATION AND DISPOSAL POLICES/PROCEDURES

XDX PY*ROX 8212 (TDU) - PREDETERMINED DIRECT COSTS

XIV. ( DELETED )

XV. D3ENTD7Y THOSE SUBCONTRACTS THAT ARE TO BE FIXED PRICEAND THOSE THAT ARE COST

XVL GOVERNMENT FURNISHED PROPERTY

XVTL WORK AUTHORIZATION DOCUMENT (WAD) SYSTEM

XVHL CHANGE ORDER/COST GROWTH MANAGEMENT

XEX. CONTRACTING OFFICER RATIFICATION / CONSENT TOSUBCONTRACT

AR3I1983

Construction Management Procedures

It is the intent of the Government to incorporate Construction Management Procedures (CMPs)into the contract. The CMPs are to compliment the Federal/Defense/Army/EngineerhigAcquisition Regulations. The CMPs will be for the purposes of avoiding possible subsequentdisallowance or dispute based on unreasonableness or non allocability. The CMPs will identifycost treatment and their allowability and allocability under the contract. It will be understoodthat, neither the Contracting Officer nor his representatives, are authorized to agree to thetreatment of costs inconsistent with FAR/AFAR/EFAR, PART 3 1 nor DFAR Part 23 1. It will befurther understood that, the CMPs will be for the instant contract only, and that the effectiveduration will be the period from contract award through the performance time stated under thecontract, including any modifications that affect the performance time under the contract.

OHM DateAuthorized Representative

Title

racting Officer ^ DateCorps of EngineersBaltimore District

3ACW45-93-C-0200MODIFICATION NO. A00039CHANGE "BH"

RR31198k

OHM Corporation

HUMAN RESOURCES POLICY AND PROCEDURES

Company/Division _____OHM Corporation ________ Policy No. ____2.01

Approved By: X^VT"^iJk______ / Section Employment and EEO

Supersedes DatedEff. Date 01/01/91 Page_1_ of 5

I. OBJECTIVE

To provide a work place environment free of discriminationbased upon race, color, religion, sex, age, national origin,handicap or veteran status and to comply with existing lavswhich govern affirmative action.

ZZ. SCOPE

All OHM Corporation employees at all offices, facilities, andoperations and applicants for employment with OHM Corporation.

III. POLICY

OHM Corporation policy is to provide equal employmentopportunity to employees and applicants. This policy shallapply to all personnel actions including employment, transfer,promotion, lay-off, termination, and compensation as well ascompany-sponsored programs.

IV. APPLICATION

A. Applicability

This policy applies only to the United states domesticoperations of OHM Corporation and, therefore, excludespartially-owned subsidiaries and international operations.

B. Statement of Commitment

1. A "Statement of Commitment" for the corporation withrespect to Equal Employment Opportunity (EEO) policy will

AR3I1989

Section Employment and EEO____»__ Policy No. 2.01Subject Equal Employment Opportunity Eff. Date 01/01/91 Page 2 of _5

be updated on an annual basis by the President of OHMcorporation or his designated representative. See the -attached "Equal Opportunity Statement".

2. Regional management and the senior manager in charge ateach company location are responsible for developingtheir own "Statement of Commitment" reaffirming thecompany's commitment.

C. Affirmative Action Programs

1. Regional management and the senior manager in charge ateach domestic company location are responsible for assur-ing that "Affirmative Action Plans" are developed,updated annually, and implemented in compliance withexisting policy and law.

2. There shall be no segregation of facilities nor shall OHMCorporation employees be assigned to work in areas whereany form of segregation exists.

Do Responsibilities

1= The Corporate Human Resources Department will administerthe program and assist regions and other locations indeveloping and implementing their procedures and inauditing overall compliance with this policy.

2. All supervision and all members of management are respon-sible for support of this policy.

3. The company will cooperate with any government agency'sreasonable request for reports and information as a p'artof its programs to advance Equal Employment Opportunity.

4. The Vice President of-Human Resources is the designatedCorporate Equal Employment Opportunity Officer and isresponsible for the implementation and monitoring of thepolicy. The Vice President of Human Resources may desig-nate others to carry out the day-to-day administration ofthe program as is required.

RR31I990

Section Employment and EEO________ Policy No. 2.01

Subject Equal Employment opportunity Eff. Date 01/01/91 Page 3 of 5

APPIRKATIVE ACTION PLANIMPLEMENTATION RESPONSIBILITY

James L. Kirk, Chairman of the Board, President, and CEO isresponsible for the corporate-wide Affirmative Action Programefforts of OHM Corporation. This responsibility has been dele-gated to Jeffrey J. Kirk, Vice President of Human Resources, forimplementation and carrying out the goals of the AffirmativeAction Plan at the corporate offices located at 16406 U.S. Route224 East, Findlay, Ohio 45840. In addition, Jeffrey J. Kirk hasadded Edwin S. Skinner, Director of Employee Relations, of hisstaff to handle the day-to-day workings of the Plan.

These individuals are responsible for the following actions:

1. Continue to develop, interpret, and apply equal employmentpolicies to assure fairness to all applicants and employees.

2. Assur® that the policies mr© being communicated and dissem-inated to all relevant parties„

3. Discuss Equal Employment Opportunity policies includingapplications to disabled and Vietnam era veterans andrequirements with line management of the company to ensurethat corporate policies are being fulfilled and assist linemanagement with the resolution of Equal EmploymentOpportunity related problems.

4. Provide for regular Affirmative Action Plan audits to ensurethat posters are properly displayed, the facilities are ableto accommodate the handicapped and disabled veteran employ-ees, and that these employees are considered for possiblepromotion and encouraged to participate in all company-sponsored educational, training, recreational, and socialactivities.

5. Advise supervisors that work performance is being evaluatedon the basis of their affirmative action efforts and resultsas well as other criteria.

6. In the event that the Equal Employment Opportunity Commission(EEOC) or an Office of Federal Contract Compliance (OFCC)agency contacts the company, the Corporate Equal EmploymentOpportunity Officer will serve as the initial contact.

A R 3 I 1 9 9 1

Section Employment and EEO_____ Policy No. 2.01

Subject Equal Employment Opportunity Eff. Date oi/Ql/91 Page 4 of

Affirmative Action Plan Implementation ResponsibilityPage 2

7. Identify potential problem areas and help in solving presentproblems regarding equal employment opportunity.

8. Develop and implement affirmative action to overcome defi-ciencies and to accomplish the overall goals of the program.

9. Keep other management personnel aware of new laws or devel-opments regarding equal employment practices.

10. Assure that all persons involved in the hiring are informingState Employment Agencies of actual job openings accordingto Executive Order 11246, as amended. Also, be sure thatschools, colleges, minority, female, veteran, and handi-capped organizations are informed of job openings as much aspossible and to keep mailing lists for these organizationscurrent so that contacts are made efficiently.

ll._B@ sure that all rssords are being kept accurately and com-pletely regarding applicants, new hires, -transfers, promo-tions, and terminations. Forms should be presided andperiodic checks aade by the Corporate Equal EmploymentOpportunity Officer to see if the responsibilities are beingcarried out with respect to these records.

12. Assure that all facilities are desegregated.

13. Assure that all supervisory personnel are conforming to theAffirmative Action Plan and that no harassment is occurringfrom any level of management or that harassment is not beingallowed to occur at any job site or facility among employeesas a result of the implementation of the Affirmative ActionPlan.

r90

5329

A R 3 I 1 9 9 2

wo. .01Page 5 of 501/01/91

January 4, 1991OHM CORPORATION

EEO POLICY

OHM Corporation has been, and will continue to be, an equal opportunity employer. To assurefull implementation of this policy at our Company, we will assure that:

A. Persons are recruited, hired, and promoted for all jobs without regard to race,religion, color, national origin, or sex.

B. Placement decisions are based solely on an individual's qualifications in theposition being filled.

C Other personnel actions such as compensation, benefits, transfers, layoffs, returnfrom layoffs, and company-sponsored programs and activities are administeredwithout regard to race, religion, color, national origin, or sex.

D. The company will not discriminate against any individual because of a physicalor mental handicap or because of Vietnam Era/Disabled Veterans status.

It is the policy of our Company to take affirmative action in the employment of qualifiedminorities, females, handicapped individuals, Vietnam era, and disabled veterans. This willinclude all employment practices. Reasonable accommodation wfll be provided wheneverpossible in our effort to advance employment opportunities for handicapped individuals anddisabled veterans.As a government contractor, we are subject to Section 503 of she Rehabilitation Act of 1973and Section 402 of she Vietnam Era Veteran's Readjustment Assistance Act ©f 1974, If youare handicapped or a disabled or Vietnam era veteran covered by tbeseprograms and wouldlike to be considered under our affirmative action plan, please tell us. This information isvoluntary and refusal will not subject you to any adverse treatment Information obtained con-cerning individuals shall be kept confidential except that (1) supervisors and managers may beinformed regarding restrictions on the work duties of handicapped individuals or disabled vet-erans, regarding when and to the extent appropriate, if the conditions might require emergencytreatment; and (3) government officials investigating compliance with the Acts shall be in-formed.OHM Corporation maintains Affirmative Action Plans for minorities, women, handicappedpersons, and veterans. Any questions regarding these Plans, or the Corporation's equal oppor-tunity policv, should be directed to J. J. Kirk, Vice President of Human Resources, or E. $.Skinner, Director of Employee Relations, in the corporate office in Findlay, Ohio. The var-ious Plans may be reviewed by employees by contacting the Corporate Human ResourcesDepartment at 419-425-6030 during normal business hours.I have a strong commitment to equal opportunity and I expect the assistance and support ofall employee's in attaining the Company objective of equal employment opportunity.

erely'JanesLKirkPresident & CEO

AR3I1993

OHM Gnporation


Company/Division____ OHM, Corporation________ Policy No.___2.02

Approved By: ^ Y\ ! f^^______ Section Employment and EEORecruiting Guidelines

SupersedesEff. Date 01/15/91

I. OBJECTIVE

To establish general guidelines for the planning and executionof employee recruitment activities. (See Corporate RecruitingHandbook for more specific guidelines and procedures.}

£1.

All OHM Corporation employees at all offices, facilities, andoperations .

A. Candidate Requirements

The company seeks to attract and retain a highly qualifiedand competent work force. Employment and assignments aremade on a selective basis and employees are expected tofully meet job requirements and company performance stand-ards. Candidates will be considered only if they possessthe necessary qualifications. Qualified candidates alreadyemployed by the company will be considered for current open-ings. When no qualified employees are available, qualifiednew hires will be considered.Candidates for employment must also meet the company'sstandards for health and general fitness.

B. Non-discrimination

It is the policy of OHM Corporation to recruit and employapplicants who are qualified to perform job requirementsregardless of their race, color, sex, religion, national

AR3I 19914'

Section Employment and EEO_______ Policy NO. 2.02

Subject Recruiting Guidelines_____ Eff< Date 01/15/91 page 2 of 6.

origin, age, physical or mental handicap, marital, orveteran's status.

C. Immigration Control Act and Worker Authorization fI-9^

All applicants for employment must satisfy all governmentaldocumentary requirements regarding their citizenship status.The Human Resources Department will assist the hiring man-ager in determining the candidate's ability to satisfy theserequirements. In this regard, the Federal Governmentrequires the completion of 1-9 Forms within three days ofhire. The forms are available from the Corporate HumanResources Department.

IV. GENERAL PROCESS

A. Employee Requisition (Request for__Personnel) - Approvals

Before anyone is hired, the hiring manager must have anapproved Request for Personnel form (copy attached) .

B. Position Description - Titles

1. Every effort must be aade to use standard position titlesthat describe the basic position function.

Consistency must be maintained especially in titles andsalary grades that convey supervisory or managerialauthority.

2. Hiring managers are authorized to use only authorizedposition titles and corresponding salary grades listed inthe Salary Administration Program Manual. All positiontitles not listed require the approval of the Director ofCompensation and Benefits. . -

C. Plan of Action/Schedule/Sourcing

1. Internal Candidates —

The organization should be examined to ascertain theavailability of qualified internal candidates. The com-pany's policy is to fill vacancies from within withqualified candidates. OHM Corporation believes in pro-viding eligible and qualified employees with availableopportunities to advance within the company. For most

A R 3 I 1 9 9 5

Section Employment and EEO______' Policy No.___2.02

Subject Recruiting Guidelines_____ £ff. Date 01/15/91 page 3 Of

non-managerial positions, OHM Corporation's Job PostingProgram gives employees a means of indicating theirinterest to advance (see Policy No. 2.04).

2. Employment Agencies and Recruitment Firms —

The Human Resources Department will have the respo'nsibil-ity for identifying and authorizing the use of employmentagencies and search firms. No employee will place joborders with retainer or contingency fee organizationsthat have not been approved by the Human ResourcesDepartment. All fee negotiations will be conducted bythe Human Resources Department in advance of placing thejob with the agency.

It is the policy of OHM Corporation to restrict the useof private employment agencies and search firms to thosehighly specialized searches where it is believed theagency may be'the best qualified to conduct the searchfor qualified candidates to be presented to the company.

3. Colleges, Universities, and Technical Schools —

The Human Resources Department will be responsible forestablishing and maintaining & systematic college contactand recruiting program. Vice presidents„ regienal man-agers, and department directors will be contacted toforecast their college recruiting needs for summerinterns, cooperative education students, and permanentplacement.

D. References and Educational Credentials

1. Possibly the best predictor of future performance is pastperformance. The most important reference information tobe obtained is from previous employers, particularly pre-vious supervisors.

2. When a candidate signs the OHM Corporation Applicationfor Employment, the applicant authorizes OHM Corporationto contact all previous employers for the purpose ofemployment references and releases all persons and com-panies from liability . Therefore, an application mustbe completed and "signed" prior to any reference checks.

3. Current employers of applicants will normally not becontacted by OHM Corporation and must never be contacted

AR3I1996

Section Employment and EEO_______ Policy No. 2.02

Subject Recruiting Guidelines_____ Eff. Date 01/15/91 page 4 of

without the express knowledge and written permission ofthe applicant.

4. Educational credentials may normally be obtained byrequesting the applicant to provide a copy of a collegetranscript or diploma.

E. Pre-emplovaent Physical Examination

Pre-employment physicals will be scheduled by the hiringlocation Human Resources or Health and Safety Departmentbefore the offer of employment is extended, but when this isnot possible because of the candidate's location, it will bescheduled for the first day of employment. In the lattercase, the candidate's offer of employment is contingent uponsatisfactory completion of the physical and/or drug andalcohol screening in relation to job requirements. Theemployee must be advised in writing of this requirement.

F. Employment Offers

1. The hiring manager is authorised to determine the pro-posed compensation to offer the successful candidate upto the midpoint of the appropriate compensation range.(See Salary Administration Program, Policy No. 3.01, forguidelines and procedures for initial compensation estab-lishment and for authorization requirements regarding anyexceptions thereto.)

Any special considerations outside normal compensation orincentive plans must be approved by the Vice President,Human Resources.

2. The hiring manager and the Human Resources Departmentwill consult on who actually extends the offer to thesuccessful candidate. 'Such verbal offers of employmentmay be extended in person or by telephone. Notes shouldbe taken of that conversation for use later in developingthe confirming written offer of employment.

Each offer of employment should be confirmed in writingwith a file copy maintained by the hiring location aswell as a copy sent to Corporate Human Resources.

3. Hiring managers may execute written offers of employmentor may coordinate such offers through the Human ResourcesDepartment. Although each letter may contain specific

A R 3 I 1 9 9 7

Employment and EEO_______ Policy No. 2.02Subject Recruiting Guidelines_____ £ff< Date 01/15/91 page __5_ Of

information, the offer of employment letter will be ofstandard format (see sample attached).

Again, all exceptions to normal policy must be approvedby the Vice President of Human Resources.

4. Candidates for employment will be given reasonable timeto consider offers by OHM Corporation, but a specifiedamount of time, generally not to exceed one week, isrecommended.

5. Starting dates will be determined in negotiation with theapplicant. Normally the starting date should occur with-in two to four weeks following acceptance.

6. In many cases, the successful candidate will be requestedto respond to the offer in writing, as well as verbally,particularly when the starting date is prolonged.

G. Relocation Expenses

The Human Resources Department will be responsible f©r theadministration of relocation expenses (seeTransfer/Relocation, Policy.No0 Soil).

H. Notification to Unsuccessful Candidates and Sources

1. The hiring manager and/or the Human Resources Departmentwill be responsible for properly notifying unsuccessfulcandidates that the position has been filled and of thesubsequent status of their file.

2. The Human Resources Department will also inform activesources of the successful completion of the recruitingassignment, thanking them for their interest and help,

. and assuring a continuance of.future accessibility.

I. Announcement

The Human Resources Department will prepare new employeeannouncements for employees hired into Salary Grades 15 andabove for posting and distribution.

AR3I1998

Section Employment and EEO________ Policy No. 2.02

Subject Recruiting Guidelines_____ Eff. Date 01/15/91 page __6_

V. EMPLOYMENT OF MEMBERS OF THE IMMEDIATE FAMILY OF SUPERVISORYAND SALARIED PERSONNEL______________________________ -

A family member of a supervisory or salaried employee is notallowed to work in the same department as the employee. .If afamily member applies for a position with the company and isqualified for the position, the candidate will be consideredonly if the position is in a department other than the imme-diate department of the family member. In no situation may afamily member supervise, either directly or indirectly, anotherfamily member.

VI. REIMBURSEMENT OF INTERVIEWING EXPENSES

Candidates that are being interviewed for salaried positions(either salary exempt or salary non-exempt) are to be reim-bursed for out-of-pocket expenses incurred when traveling tothe interview from more than a 50-mile radius. An expensereport should be completed during the interview visit andreturned by the applicant to the hiring manager for processing .the reimbursement. The applicant must b® advised that receiptswill be required for all expenses.

Candidates being interviewed for hourly positions are not reim-bursed for their expenses.

VII. THE EMPLOYEE HIRING MANUAL

The Corporate Human Resources Department has prepared arecruiting handbook called "The Employee Hiring Manual" to beused as a specific guideline in recruitment and employmentactions within the general guidelines contained in this policy.Please refer to that manual when contemplating any recruitingactivity.

5607

RR3II999

OHM CorporationHUMAN RESOURCES POLICIES AND PROCEDURES

Company/Division ___OHM Remediation Services Corp.___ Policy No. HR2.06

Approved By f\/H /jL-fV{ ny*9f)(~*' Section Employment and EEOHiring Guidelines

Subject Hourly Field Employees

_, SupersedesEff. Date 08/09/95 Page _1 of 3

; is the policy of OHM Remediation Services Corp. not to discriminate against any employee orapplicant for employment because of the individual's age, race, religion, color, national origin,sex, disability, veteran status, or union affiliation. In furtherance of this policy, OHMRemediation Services Corp. shall take affirmative action to employ and to provide fair and equaltreatment in employment of all individuals regardless of their status.

Therefore, each Regional Human Resources Manager shall provide an Affirmative Aetiora Planwith specific responsibilities assigned to management for implementation and to establish goalsand objectives by job groups. The Regional Human Resources Manager will also provide any

ary support for interpretation, training, and implementation of the Affirmative Action Plan.

OHM Remediation Services Corp. hiring practices are governed by the following guidelines:

1. Provided every reasonable effort has been made to obtain applicants in accordancewith Executive Order 11246, the Company hires solely based upon merit. TheCompany will not discriminate on the basis of union affiliation, race, sex, color,age, national origin, disability, or any other protected status.

2. No employee is required to pay dues to any labor organization to join ourCompany.

3. The Company will accept a job application only when a position(s) is available andwhen we intend to fill the position(s). When openings become available we reservethe right to review applications already on file prior to interviewing. Applicantsshall be retained on file for a period of 90 days. Applicants should be advised ofthis at the time they submit their application and that it is their responsibility tosubmit a new application if they wish to be considered beyond the 90 days.Further, it is the applicant's responsibility to keep our hiring personnel informedof his/her availability.

KR312000

Employment and EEO Policy No. HR2.Q6Hiring GuidelinesHom-lv Field Employees______ Iff. Date ns/no/95 Page 2 of

4. A Position Requisition (PR) is required for all new or existing positions that areexpected to be filled on a full-time, part-time or temporary basis. (Please contactyour Regional Human Resources Manager for assistance.)

5. Based upon the availability of qualified OHM Remediation Services Corp.employees, it is the Company's practice to provide continued employment for suchemployees prior to hiring, provided it is cost justifiable. Please contact theRegional Human Resources Manager to evaluate the availability of existingemployees before making a hiring selection.

6. The Company does not accept group applications or photo copy forms. We hirebased on many factors including a personal interview with the applicant so that wecan make sound business judgments as to the most qualified applicants.

7. Any applicant who falsifies or omits information on the application form isdisqualified from being hired. If the individual has been hired before thefalsification or omission is discovered, he/she is subject to termination (pleasecontact your Regional Human Resources Department to obtain assistance with thissituation).

8. Base hiring decisions only on factors such as skills, ability to perform the job, prioremployment with OHM, employment references as to character and willingness towork, willingness to accept the offered salary, and willingness to perform the taskof the position. (Utilize the attached description of duties and physicalrequirements for evaluating applicants in a personal interview.)

9. Full-time employees are expected to work only for us and must state that they willnot be employed by any other employer while they work for us.

10. To be considered, an applicant must fill out a company application (which isdesigned to meet governmental standards for non-discrimination). Resumes orapplications other than on company-provided forms will not be considered orretained.

11. The complete work history on any applicant must be completely filled outchronologically. Merely stating "references upon request" or working out of anemployment source will not be acceptable unless every employer is individuallylisted and the dates during which an applicant was employed by them is listed. Ifmore space is needed, attach an additional sheet. If the job history and referencesare not specifically listed, do not retain the application.

AR3I200

Section Employment and EEO Policy No. HR2.06Hiring Guidelines

Subject Hourly Field Employees ______ Eff. Date 08/09/95 Page

12. All applicants must appear in person and fill out the required application in personat the Company's offices before they can be considered for employment.Exceptions to this practice shall be made only on those occasions when thecompany uses third party assistance such as the local state employment office orif it publicly advertises a place that it will accept applications other than the job sitei.e., a job fair held at a minority college.

NOTE:

The Office of Federal Contract Compliance (OFCC) Programs has amended itsregulations to comply with the Federal Veterans' Benefits Improvements Act of1994, which became effective January 5,1995.

The OFCC now requires contractors and subcontractors with Federal Governmentcontracts of 510,000 or more to list all of its job openings with the local StateEmployment Service. Prior to the new Act, contractors/subcontractors had only

Therefore, OHM Remediation Services Corp. must submit & letter to the local StateEmployment Service listing all of its job openings. The only exceptions are: 1)executive and top management positions, 2) positions that will be filled from withinthe contractor's organization, and 3) any temporary positions lasting three days orless. Contact the Regional Human Resources Department for preparation of thenotification to the State Employment Service.

Please contact your regional Human Resources Manager at any time for assistance- andinterpretation of these Hiring Guidelines.

S/9/95

AR312002

OHM RemediationServices Corp.

JOB POSTING FOR

HAZARDOUS MATERIALS RECOVERY TECHNICIAN

TYPE: Hourly

. Subject to Prevailing Wage Rates on government projects.

Non Prevailing Wage Rates: Base Rate

Starting Rate ___ /hr

MINIMUM REQUIREMENTS:

Education: High school graduate or GED equivalent.

Experience: One to three years as general laborer, preferably in hazardous waste or heavyconstruction.

Other U.S. eitizenshsp required for work on military bases.

Must have E valid driver's license, with no more than 6 points accrued during theprevious 3 years. A current DMV printout will be required.

Must pass pre-employment and annual medical examination and drug screen.Subject to random drug testing as well as post-incident drug testing.

Must be physically and mentally capable of wearing required protective clothing andrespiratory equipment Must be clean shaven (no beards) to wear respirator.

Must have completed or be able to complete the OSHA 40-hour HAZARDOUSWASTE WORKER TRAINING. This includes a written test and field exercises.Must have steel-toed/steel-shanked leather safety boots.

Must satisfactorily complete a supervised 3-day on-the-job training period.

Must complete an annual OSHA 8-hour Refresher Training Course.

Must be able to work overtime; must be able to travel/work away from home forextended periods of time. Eligible for per diem for work at project sites more than50 miles from hiring office, with Project Manager's approval.

AR3I2Q03

Job Posting for Hazardous Materials Recovery Technician 2

PRIMARY DUTIES:

Perform moderate to stressful manual labor tasks relative to hazardous waste recovery,including, but not limited to: shoveling, cleaning equipment and vehicles, lifting and movingheavy objects, scraping, sawing, nailing, painting, entering confined spaces, climbingladders, loading and unloading vehicles, drum packing.

Operate with minimal supervision and after proper training, small hand operated powertools, high pressure washers, steamers, generators, and various pumps.

Operate, after proper training and with direct supervision by technical personnel, treatmentsystems. This includes mixing tanks, flocculation tanks, clarifiers, sand filters, carbonfilters, and associated pumps.

Drive aid operate, in a safe manner, company vehicles to and from projects, on project sites,and perform daily preventive maintenance.

Comply with all rules and regulations listed in the Employee Handbook, Safety Guide, SiteSpecific Safety Plans and all directions and orders given by immediate supervisorypersonnel.

Perform any other duties or tasks that may be assigned from time to time by immediatesupervisor. ,

RECOMMENDED TRAINING:

OSHA 40-hour Hazardous Waste Worker Training (required)

OSHA 8-hour Hazardous Waste Worker Refresher Training (required annually)

Forklift Training

Red Cross First Aid and CPR Training annually

Other training as may be required by industry standards or for compliance withregulatory specifications, i.e., DOT, EPA, DOD, DOE, etc. .

PHYSICAL REQUIREMENTS:

Rating in terms of an 8-hour workday.

(1) •• Occasionally equals 1% to 33%.(2) = Frequently equals 34% to 66%.(3) - Continuously equals 67% to 100%.

(2) Lifting greater than 50 pounds (2) Carrying greater than 50 pounds(2) Lifting 15 to 50 pounds (2) Carrying 15 to 45 pounds(2) Lifting less than 15 pounds (2) Carrying under 15 pounds

AR31200U

Job Posting for Hazardous Materials Recovery Technician 3

(2) Straight pulling (3) Far vision (correctable to 20/40)(2) Pulling hand-over-hand (hoses) (3) Vision of both eyes(2) Pushing (3) Depth of perception required(2) Reaching above shoulder level " (3) Distinguish basic colors(3) Use of fingers (2) Speaking clearly(3) Use of both hands required (3) Hearing conversation, alarms, buzzers(2) Walking more than 1 hour (hearing aid permitted)(3) Standing more than 1 hour (3) Use hands for repetitive action such as(1) Repeated crawling 1) firm grasping; 2) simple grasping;(1) Repeated kneeling or 3) fine manipulation(2) Repeated bending (2) Use of feet for repetitive movements(2) Climbing, legs and arms as in operating foot controls(3) Both legs required(2) Operation of a motor vehicle(3) Rapid metal-muscular coordination(3) Near vision (correctable to 20/40)

PROTECTIVE EQUIPMENT USAGE:

On a daily basis, when a respirator is used, the average hours of use is 8 hours.

Type of respirator used:Air purifying, filter, and cartridge (full face)Self contained, pressure demand (full face)Continuous flow (APPR)

Level of work while wearing a respirator:Moderate - frequently equals 34% to 66% of an 8-hour workdayHeavy - frequently equals 34% to 66% of an 8-hour workdayStrenuous - occasionally equals 1% to 33% of an 8-hour workday

Personal protective clothing, etc:

Rating in terms of an 8-hour workday:(1) = Occasionally equals 1% to 33%(2) - Frequently equals 34% to 66%(3) = Continuously equals 67% to 100%

(1) Fully encapsulated suit (1) Cooling garment(2) Coveralls/rain suits (2) Hearing protection(1) Apron, leggings, sleeve protectors (3) Safety boots(3) Gloves (3) Hard hats(2) Non-permeable protective clothing (3) Safety glasses(1) Proximity garments (approach suit) (1) Chemical splash

goggles

AR3I2005

Job Posting for Hazardous Materials Recovery Technician

WORKING ENVIRONMENT FACTORS:

Working outdoors and indoorsWork in excessive heatWork in excessive coldWork in excessive humidityExcessive dampnessDry atmospheric conditionsExcessive noise, variableDusty environmentExposure to fumes, smoke or gasesExposure to chemicalsExposure to solventsExposure to caustics/acidsExposure to radiant energyWorking with vibrationWorking closely with othersWork moe than 8 hours per shiftWork more than 40 hours per weekWorking in confined spaces/cramped quartersWork on slippery or uneven surfacesWorking on unimproved construction sites/surfaces (disrupted earth, numerous slip/trip/fall

hazards)

Work near moving objects or vehiclesWork on ladders, scaffoldsWorking below ground/trenchesWorking with hands in water

jlnpolicies/biZ06«/9/9S

AR3I2006

= OHM Remediation.sip5" Services Corp.

JOB POSTING FOR

HEAVY EQUIPMENT OPERATOR I

TYPE: Hourly

Subject to Prevailing Wage Rates on government projects.


Starting Rate ___ /hi



Experience: Two to five years related experience and/or training.

Other: U.S. citizenship required for work on military bases.

Must have a valid Class A driver's license, with no more than 6 points accruedduring the previous 3 years. A current DMV printout will be required.


Must be physically and mentally capable of wearing required protective clothing andrespiratory equipment Must be clean shaven (no beards) to wear respirator.

Must have completed or be able to complete the OSHA 40-hour HAZARDOUSWASTE WORKER TRAINING. This includes a written test and field exercises.Must have steel-toed/steel-shanked leather safety boots.




AR3I2007

Job Posting for Heavy Equipment Operator I 2

PRIMARY DUTIES:Operate small heavy equipment such as back hoes, forklifts, and loaders.

Conducts preventive maintenance on the equipment, including cleaning.

Assists job site work crews in site set up and tear down.

Decontaminates all equipment before leaving site.

Drive and operate, in a safe manner, company vehicles to and from projects, onproject sites, and perform daily preventive maintenance.

Comply -with all rules and regulations listed in the Employee Handbook, SafetyGuide, Site Specific Safety Plans and all directions and orders given by immediatesupervisory personnel.

Perform any other duties or tasks that may be assigned from time to time byimmediate supervisor.

RECOMMENDED TRAINING:


- OSHA i-hour Hazardous Waste Worker Refresher Training (required annually)

Forklift Training


Other training as may be required by industry standards or for compliance withregulatory specifications, i.e., DOT, EPA, DOD, DOE, etc.


Rating in terms of an 8-hour workday:

(1)« Occasionally equals 1% to 33%.(2) = Frequently equals 34% to 66%.(3) - Continuously equals 67% to 100%.

(2) Lifting greater than 50 pounds (2) Carrying greater than 50 pounds(2) Lifting 15 to 50 pounds (2) Carrying 15 to 45 pounds(2) Lifting less than 15 pounds (2) Carrying under 15 pounds

(Continued)

AR312008

Job Posting for Heavy Equipment Operator I 3

(2) Straight pulling (3) Far vision (correctable to 20/40)(2) Pulling hand-over-hand (hoses) (3) Vision of both eyes(2) Pushing (3) Depth of perception required(2) Reaching above shoulder level " (3) Distinguish basic colors(3) Use of fingers (2) Speaking clearly(3) Use of both hands required (3). Hearing conversation, alarms, buzzers(2) Walking more than 1 hour (hearing aid permitted)(3) Standing more than 1 hour (3) Use hands for repetitive action such as(1) Repeated crawling 1) firm grasping; 2) simple grasping;(1) Repeated kneeling or 3) fine manipulation(2) Repeated bending (2) Use of feet for repetitive movements(2) Climbing, legs and arms as in operating foot controls(3) Both legs required(2) Operation of a motor vehicle(3) Rapid metal-muscular coordination(3) Near vision (correctable to 20/40)




Level of work while wearing a respiratorModerate - frequently equals 34% to 66% of an 8-hour workdayHeavy - frequently equals 34% to 66% of an 8-hour workdayStrenuous - occasionally equals 1% to 33% of an 8-hour workday


Rating in terms of an 8-hour workday:(1) - Occasionally equals 1% to 33%(2) - Frequently equals 34% to 66%(3) = Continuously equals 67% to 100%

(1) Fully encapsulated suit (1) Cooling garment(2) Coveralls/rain suits (2) Hearing protection(1) Apron, leggings, sleeve protectors (3) Safety boots(3) Gloves (3) Hard hats(2) Non-permeable protective clothing (3) Safety glasses(1) Proximity garments (approach suit) (1) Chemical splash

RR3I2009

Job Posting for Heavy Equipment Operator I


Working outdoors and indoorsWork in excessive heatWork in excessive coldWork in excessive humidityExcessive dampnessDry atmospheric conditionsExcessive noise, variableDusty environmentExposure to fumes, smoke or gasesExposure to chemicalsExposure to solventsExposure to caustics/acidsExposure to radiant energyWorking with vibrationWorking closely with othersWork more than 8 hours per shiftWork more than 40 hours per weekWorking in confined spaces/cramped quartersWork on slippery or uneven surfacesWorking on unimproved construction sites/surfaces (disrupted earth, numerous slip/trip/fall

hazards)Work with moving mechanical partsWork near moving objects or vehiclesWork on ladders, scaffoldsWorking below ground/trenchesWorking with hands in water

jtapoliciex/bl2-061/9/95

AR3I20IO

"i= OHM RemediationServices Corp.

—— i — Alrtrtlli

JOB POSTING FOR

HEAVY EQUIPMENT OPERATOR H

TKRE.- Hourly

Subject to Prevailing Wage Rates on government projects.


Starting Rate ____ /hr



Experience: Three to six years related experience and/or training.

Other: U.S. citizenship required for work on military bases.

Must have a valid Class A driver's license, with no more than 6 points accruedduring the previous 3 years. A current DMV printout will be required.


' Must be physically and mentally capable of wearing required protective clothing andrespiratory equipment. Must be clean shaven (no beards) to wear respirator.

Must have completed or be able to complete the OSHA 40-hour HAZARDOUSWASTE WORKER TRAINING. This includes a written test and field exercises.Must have steel-toed/steel-shanked leather .safety boots.




AR3I20I

Job Posting for Heavy Equipment Operator II 2

PRIMARY DUTIES:

Operate small heavy equipment such as tracked excavators, back hoes, loaders,cranes, motor graders, and compactors, primarily digging and loading contaminatedand non-contaminated material.

Conducts preventive maintenance on the equipment, including cleaning.

Assists job site work crews in site set up and tear down.

Decontaminates all equipment before leaving site.

Trains new Equipment Operators in efficient equipment operation.

Drive and operate, in a safe manner, company vehicles to and from projects, onproject sites, and perform daily preventive maintenance.

Comply with all rules and regulations listed in the Employee Handbook, SafetyGuide, Site Specific Safety Plans and all directions and orders given by immediatesupervisory personnel.

Perform any other duties or tasks that may be assigned from time to time byimmediate supervisor.


OSHA 8-hour Hazardous Waste Worker Refresher Training (required annually)

Forklift Training


Other training as may be required by industry standards or for compliance withregulatory specifications, i.e., DOT, EPA, DOD, DOE, etc.

AR3I20I2

Job Posting for Heavy Equipment Operator II 3


Rating in terms of an 8-hour workday:

(1) = Occasionally equals 1% to 33%.(2)« Frequently equals 34% to 66%.(3)» Continuously equals 67% to 100%.

(2) Lifting greater than 50 pounds (2) Carrying greater than 50 pounds(2) Lifting 15 to 50 pounds (2) Carrying 15 to 45 pounds(2) Lifting less than 15 pounds (2) Carrying under 15 pounds(2) Straight pulling (3) Far vision (correctable to 20/40)(2) Pulling hand-over-hand (hoses) (3) Vision of both eyes(2) Pushing (3) Depth of perception required(2) Reaching above shoulder level (3) Distinguish basic colors(3) Use of fingers (2) Speaking clearly(3) Use of both hands required (3) Hearing conversation, alarms, buzzers(2) Walking more than 1 hour (hearing aid permitted)(3) Standing more than 1 hour (3) Use hands for repetitive action such as(1) Repeated crawling 1) firm grasping; 2) simple grasping;(1) Repeated kneeling or 3) fine manipulation(2) Repeated bending (2) Use of feet for repetitive movements(2) Climbing, legs and arms as in operating foot controls(3) Both legs required(2) Operation of & motor vehicle(3) Rapid metal-muscular coordination ,(3) Near vision (correctable to 20/40)




Level of work while wearing a respiratorModerate - frequently equals 34% to 66% of an 8-hour workdayHeavy - frequently equals 34% to 66% of an 8-hour workdayStrenuous - occasionally equals 1% to 33% of an 8-hour workday

AR3I20I3 "

t

Job Posting for Heavy Equipment Operator II


Rating in terms of an 8-hour workday:(1)« Occasionally equals 1% to 33%(2) = Frequently equals 34% to 66%(3) - Continuously equals 67% to 100%

(1) Fully encapsulated suit (1) Cooling garment(2) Coveralls/rain suits (2) Hearing protection(1) Apron, leggings, sleeve protectors (3) Safety boots(3) Gloves . (3) Hard hats(2) Non-permeable protective clothing (3) Safety glasses(1) Proximity garments (approach suit) (1) Chemical splash


Working outdoors and indoorsWork in excessive heatWork in excessive coldWork in excessive humidityExcessive dampnessDry atmospheric conditionsExcessive noise, variable

Exposure to fames, smoke or gasesExposure to chemicalsExposure to solventsExposure to caustics/acidsExposure to radiant energyWorking with vibrationWorking closely with othersWork more than 8 hours per shiftWork more than 40 hours per weekWorking in confined spaces/cramped quartersWork on slippery or uneven surfacesWorking on unimproved construction sites/surfaces (disrupted earth, numerous slip/trip/fall

hazards)Work with moving mechanical partsWork near moving objects or vehiclesWork on ladders, scaffoldsWorking below ground/trenchesWorking with hands in water

S/9/95

A-R3I20IU

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES_________

RECRUITING AND HIRING PRACTICES

t

AR3I20I5

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES__________

ORIENTATION

AR3I20I6

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES______

HEALTH AND LIFE INSURANCE BENEFITS

AR312023

OHM Corporation

&&afSK&3S'£far*s!&i&$3e&-i&

Employee Benefits Program

OHM Corporation is committed to providing a strong groupbenefits program that serves the needs of its employees andtheir families. The comprehensive benefits program at OHMCorporation is an important part of your total compensationpackage. The life insurance, group health and disability plansare designed to provide protection against unforeseenemergencies.

OHM recognizes that its diverse workforce has different needs,now and in the future. Therefore, one single benefits programwill not accommodate every employee's needs. Our FlexibleBenefits Plan gives you the opportunity to exercise somechoices in the levels of benefits to meet your needs and theneeds of your family. In addition, our Flex Plan is designed toallow you to take advantage of current tax regulations to payfor certain health care expenses not covered by your plan aswell as dependent care expenses— and with pre-tax dollars.The cost of providing these benefits continue to escalate. Ofparticular concern to all of us are rising medical costs. Weneed your help to manage these costs. To this end, ourprogram includes cost sharing by employees throughcontributions and higher deductibles, with the companyfunding the major portion of the costs.

We hope you don't have to face unforeseen emergencies. But ifyou do, OHM Corporation's Employee Benefits Program shouldprovide the protection you and your fkaaily need.

AR3I202M

Eligibility

You are eligible to participate in all group benefit* if

* You are a roll-time employee of OHM or any of its subsidiaries.• You have completed 30 days of employment

Your eligible dependents for She Group Health Plan(Medical, Dental, and Prescription Drug) and Life Insurance include:

<§• Your Spouse<£ Your unmarried dependent children up to age 19, or to age 25 if

full-time students; to any age if mentally or physically handicapped.

The information shown in this folder is only a brief summary of the OHM CorporationEmployee Benefits Program. Booklets giving specific information are available throughthe Human Resources Department. Questions regarding any information contained inthis folder can be directed to the Human Resources Department Should any conflictarise between this folder and the booklet for the plan, the booklet language shallgovern in all cases.

itibh V

Group Life Insurance • Accidental Death Dismemberment Insurance

• Group Life InsuranceA benefit is payable to your beneficiary if you die from any cause, includingwork-related causes.

The amount of your life insurance is:--*.-• M asjBjatgpwra * Two times your annual base earnings rounded to the next• IS PkpSS RSiS higher multiple of $1,000.-** .fi~-« »*i * .i»< _i?_jtofcsC.i iST** w r T »

• $750,000 marimum; $15,000 minimum

Your eligible dependents are provided with the following amountsof life insurance:

0 Spouse - §10,000« Each Chad-15,000

Benefit is payable if your dependent dies from any cause.

It is important that you name a beneficiary for yourself, and your dependents (if any),by completing a beneficiary card. You must advise Human Resources of any changesin beneficiaries.

Provides for advance payment of a portion of your Group Life Insurance benefit if you should becometerminally ilL

The Group Life Insurance Plan is insured through Prudential Life Insurance Company.

• Accidental Death and Dismemberment Insurance

If your death is due to an occupational or non-occupational accident, yourbeneficiary receives two times your annual base salary in addition to yourlife insurance amount

This policy also provides compensation for the loss of hands, feet, andsight, due to accidents.

Accidental Death and Dismemberment Insurance does not cover losses causedby, or resulting from, suicide, disease, war, or military duty.

Additional amounts of Accidental Death and Dismemberment Insurance may be purchased foryourself and/or your dependents. Coverages and costs are discussed under the Flexible BenefitsProgram.

-,••- r

Short-Term Disability Plan

If you are unable to work because of sickness or injury, this plan continues your full salaryor 60% of your salary depending on years of service. Benefits are payable for up to 180calendar days each anniversary year.

^ Benefit payments start the first day of a disability caused by an accident or 'starting the first day of hospitalization.

The benefit starts on the fourth day if an employee's disability is due to anillness that does not require hospitalization.

Salary continuance for short-term disability ranges from 100% to 60% ofbase salary. It's based on your length of service:

Less than 1 year 0 days 180 days1 year but less than 2 years 30 days 150 days2 years but less than 5 years 60 days 120 days5 years but less than 10 years 120 days 60 days10 years but less than 15 years 180 days 0 days

A doctor's certificate is required for apprval on short-term disability.^ ^ ^ Additional doctor's reports (normally every two weeks) will be required as disability continues.

AR3I2025

Paid Time Off

Based on number of years of service as of December 31 of each year.jg ggpg gggljsr; • To be taken during calendar year January - December; except for employees with

less than 1 year of service - can only be taken after 4 months of continuous service.

Length of Continuous Service Vacation Allowance.as of the end of the current year (To be taken January • December)

Exempt Employeesof employment:

JJJj J prior y J

Hired prior to August 1 3 daysHired after July 31 0 days

1 year but less than 5 years 10 days§ years but less than 12 years 15 days12 years or more 20 days

Non-Exempt Employees„._ -™ First year of employment:

Hired prior to July 1 3 days"" Hired after June 30 0 days

1 year but less than 2 years 7 days2 years but less than 8 years 10 days8 years but less than 12 years 15 days15 years or more 20 days

Except for retirement, any employee whose employment is terminated voluntarily or involun-tarily, prior to taking their vacation, will not receive any vacation or pay in lieu of vacation.

There are 10 paid holidays each year

• New Year's Day • Labor Day • Christmas Eve Day• Memorial Day . • Thanksgiving Day • Christmas Day• Independence Day • Friday after Thanksgiving • 2 floating personal holidaysAll full-time employees are eligible for these holidays. Employees with less than 1 year ofservice are eligible to take their personal holidays only after 4 months of continuous service.To receive holiday pay, employees must work the day before and the day after the holidayunless they are not scheduled to work' those days. For their personal holidays, employees musthave 10 days prior approval and they must be taken during the calendar year. Personal avflBcannot be carried over to the following year.

Employees may take up to three days of paid time off if a death occurs in the immediatefamily. Immediate family includes current spouse, children, stepchildren, parents, brothers orsisters. Employees may take one day of paid time off for the death of grandparents, currentspouse's parents, current spouse's brother or current spouse's sister. A R 3 I 2026

Benefit

Other Benefits

• Educational Assistance Plan

OHM offers the Educational Assistance Plan to reimburse employees for most of themajor costs of education. The company is committed to assisting employees in advancingtheir education to acquire new skills and enhance their capabilities.

You are eligible after 6 months as a full-time employee.

Tuition fees are paid at 100% if you earn an A or a B in a course or lab; 80% if you earn aC. 50% reimbursement for your textbooks. Maximum for each semester or quarter for coursesand textbooks is $1,500.

Assistance is available for continuing education at accredited schools and institutions.Course work must be approved by your manager and the Human ResourcesDepartment, and it must be relevant to company business.

-b *

w ssm. The New Employee Referral Program offers bonuses to OHM employees who refer qualifiedcandidates to the company who are subsequently hired.

Exceptions: Benefits not payable to hiring manager or employees in salary grade 20 and above._ ,The employee making the referral must:

• Submit a New Employee Referral Form to Human Resources.• Be an active employee when the new employee completes?m six months of service.

Payments vary according to the position filled. A list of qualifying positions and paymentsschedule is available in the Human Resources Department

• Employee Service Awards Program

OHM's Employee Service Awards Program recognizes employeesfor 5,10,20, and 25 years of service.

AR312027

•

How Flexible Spending Accounts Work

•>TLPCT -r-x.

• You determine what your Flexible Spending Accounts needs will be each year for thetwelve-month period from January to December.

• You decide whether to set up a Health Care Spending Account and/or aDependent Care Spending Account, and if so, how much to contribute to one or both.

• You elect to have an amount withheld from your earnings every pay period, anddeposited in one or both Flexible Spending Accounts. Your payroll deduction willbe made before your pay is taxed, thus lowering your taxable income.

• Each month, your deductions will be deposited in separate accounts in your name.

« Submit receipts for any health and/or dependent care expenses to the Plan Administratorfor reimbursement through your Flexible Spending Accounts with pre-tax dollars.

Any funds remaining in either of your spending accounts after the reimbursement periodexpires for the plan year will be forfeited as required by federal law. The reimbursementperiod is 90 days after the end of that plan year.

Spending accounts are one-year accounts. Once you decide to have FSAs, you may notchange the amount of your contribution or stop payments during the year except if youhave a family status change, death of spouse, or termination of spouse's job.

If you leave the company before the end of the plan year, funds in your account will not bereturned to you. For the Health Care Spending Account, expenses may only be reimbursed ifthe expenses were incurred during the period of coverage. You may continue under COBRAby making after-tax contributions and continue to submit expenses for reimbursement during

g SrjS the period you continue your FSA

If you do not choose to continue under COBRA, the plan terminates — you make no futuredeposits and do not have access to any money remaining in your account. Only expenses in-curred prior to your termination day may be reimbursed. Any account balance you cannot usewill be forfeited to the Plan.

Dependent Care Spending Account Plan terminates when an employee leaves. You cannotmake any further deposits. You may, however, continue to incur and submit expensesthrough the balance of the plan year, or until your account has a zero balance whichevercomes first

For more details about the Flexible Spending Account Plan and procedures on enrollment,please refer to the FSA plan available from your Human Resources Department.

AR3I2028

+ Long-Term Disability

The Long-Term Disability Plan helps replace a portion of your income when you cannotwork because of a total disability due to an illness or an accident

Options • Option 1 - LTD-50% - at no cost to you• Option 2 - LTD-60% - at additional cost• Option 3 - LTD-70% - at additional cost

All three plans provide benefits as a percent of your monthly salary. The maximum isjgg $10,000 per month. Benefits start after six months of total disability and payments

continue until age 70. LTD benefits are offset by any Social Security and Worker'sCompensation benefits.All regular full-time employees are eligible after 180 days of continuous disability.Proof of disability must be provided.

The Long-Term Disability Plan is insured through UNUM Insurance Company.

• Voluntary Accidental Death and Dismemberment InsuranceAdditonal amounts of Accidental Death and Dismemberment Insurance may be purchased foryourself and/or your dependents.

« You may select any amount of coverage ranging from $10,000 to $250,000 in$10,000 increments, however selecting in excess of $100,000 may not exceed 10times your annual base salary.

• You may also -select coverage for yourself and your dependents. They are coveredas follows:1. Spouse and eligible children

Spouse — 40% of elected coverager=5?k-3St; a Child — 10% of elected coverage up to a maximum of $25,000 per child

_ 2. Children onlyS aSglfcHSfesffesfcagss Child — 15% of elected coverage up to a maximum of $25,000 per child

3. Spouse only . -Spouse — 50% of elected coverage

Your BenefitsLossess include standard losses; speech, hearing and paralysis. Also include:retraining for a spouse, educational benefits to continue your childs college education,rehabilitation benefits for the employer to qualify for other occupations, and alsosurvivor benefits.

+ Employee Contributions for Flexible Benefits Plan

There will be employee contributions for employees who elect to participate in the FlexibleBenefits Plan. Employee contributions to the Group Health Plan/LTD are reviewed each year,and an employee's share could increase if the total cost to the company increases.These contributions are made through payroll deductions on a pre-tax basis. The amount of

;•-.-_ - j&- TS__J. — »B,--; your contribution is based on your annual base earnings as of January 1 of each year, and therrf::.: " l .v vi- Flexible Benefits options you choose. ft R 3 I 2 0 2 9

It's Your Choice" Flexible Benefits P

It's Your Choice"Flexible Benefits Program at OEMoffers you these options:

Choices

+ Group Health Plan • Medical, Dental, and Prescription Drug Plan

• Minimum Choice Plan• Core Choice Plan• Plus Choice Plan

• Long Term Disability Plan

« LTD-50%e LTD-60%o LTD-70%

•* Voluntary Accidantal Death and! Bssraemb«nissfflt° Employee Oaiy° Employee and Dependent Plan

Flexible Spending Accounts (FSAs)

• Health Care Spending Account

• Dependent Care Spending Account

fiR3!2030

OrxM Corporation

TFS YOUR CHOICE"FLEXIBLE BENEFITS PROGRAM

Standard EnhancedChoice Choice

A. MEDICAL

Dednctfbles:Single $500 S250Family $1,000 $500

plan Pays: 80%« ' 80%*

Out-of-Poclcet Maximum:

Family 15,000

Maximum: Unlimited UnlimitedLifetime Lifetime

* Once yon reach the out-of-pocket maximum, including your deductible, the Plan wfllpay 100% of covered charges.

B. DENTAL

Peductibles:Single $ 75.00 $ 50.00Family $225.00 $150.00

?avs:Preventative Services 100% 100%Basic Services 80% 80%Major Services 50% 50%

flan Maximum: $1,000 $UOO(All Services) " Annual Annual

Orthodontics 50% up to 50% up to$1,000 $1 00

Lifetime LifetimeAR312031

Paee 1

TTS YOUR CHOICE"FLEXIBLE BENEFITS PROGRAM

(continued)

Standard EnhancedChoice CIlQfo

C PRESCRIPTION DRUG

Deducribles: $15.00 Generic $15.00 Genericor Single Source* or Single Source*

Plan Maximum: Unlimited UnlimitedLifetime Lifetime

Mail Order Drop S10.00 S10.00(90-Day Supply)

Single i©i2?e@ (Brisd aims) drags are dibble only w&ea t. gsneris taBstitate deesaot

This is a summary only. Full details of the plan, limitations, and exclusions will becontained in the'Group Health Plan booklet

AR3I2032 ~

EMPLOYEE CONTRIBUTIONSEffective January 1,1994

Weekly Contributions

GROUP MEDICAL PLANStandard Choice

Single11.00

Family2850

Enhanced ChoiceSingk1350

Family34.00

LONG-TERM DISABHJIYBast SalasyUp to $19,999$20,000 to $29,999$30,000 to $39,999$40,000 to $49,999$50,000 to 59 99$60,000 to $79,999$80,000 and Tap

50%©.000.000.000.000.000.000.00

. <so*@JS10.480.680.89L09L291.70

ft*069Q 7L371.791182583.40

VOLUNTARY ACCIDENTAL DEATH AND DISMEMBERMENTEmployee Only $0.01 per $1,000 per week

Employee and Dependents $0.02 per $1,000 per week

AR312033

i*ge

:

a<Ry »a y S3sea$4fe*firjga'iii [<rri3G65a8ii«fS5«»tt»e»cg itefeaft3rt?<is ^n ri ;*TiT'iwr»iflr<TrtTfcflTf«TL*r» iv>eiB<!agsi*»q»» flra JPWC!ffMiJMi> ».<M Jinn1. y*tnty*its*#&#imii&Gt& ^

•«Bfeaae w& tMt»»ataa s*?iMgftfliiw

EaK.

E: •?.--.:.. / -...'._ ...... ..F \ r. I'. - • . • " ;.. '-• - L —— fe:?? ,' 1 ^

-s==r ..'i . -a.-v-V-'r--''- ,r-,a>.-dOHM Corporation F- - ^ •• , 1

CHM0089 3M 4 )2

Corporate Human Resources • n o I O n O I3ox 551 Findlay, Ohio 45839-0551 A K O I d. U O 4P.O. Box 551 Findlay, Ohio 45839-0551

419-423-3526

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES _____

VACATION, LEAVES OF ABSENCE, AND SICK LEAVES

AR3I2035

£* &z-- OHM RemediationServices Corp.

"

164O6 U.S. Routt 224 East • Findlay, Ohio 45840 Corp*™ <

TO: AH OHM Non-exempt Employees

FROM: Bob McGregor 0")

DATE: May 29, 1995

SUBJECT; Policy. Pnctice. and Benefit Chinges_______________________________

As a result of the OHM/Rust merger, changes have been made to some of our policies, practices, andbenefits. They are as follows: •£.

1) 1995 Holiday Schedule

New Year's Day Monday, January 2Memorial Day Monday, May 29Independence Day Tuesday, July 4Labor Day Monday, September 4Thanksgiving Holiday Thursday, November 23 and Friday, November 24Christmas Day Monday, December 25

Three Floating Holidays To be taken anytime daring the calendar year. Musthave 10 days prior approval and be entered on the timereport as a personal holiday.

2) 1996 Vacation Schedule

Effective January 1, 1996, the new Vacation Schedule for all salary and hourly full-timeemployees is as follows: ""*

First Year of EmploymentHired prior to May 1Hired prior to August 1Hired after July 31

1 year, but less than 5 years5 years, but less than 12 years12 years or more

5 days3 daysOdays

10 days15 days20 days

AR3I2036

OHM Corporation

HUMAN RESOURCES POLICIES & PROCEDURES

Company/Division ______OHM CORPORATION______ Policy No. HR2.05Approved By /c. '/V \rW>P/f — Section Employment and EEO

\)i jSKj ^ " ______ Subject Family and Medical Leavex£2__________ Supersedes - Dated •-9s

Eff. Date 08/05/93 Page 1 of _5_

L OBJECTIVE

It is the commitment of OHM Corporation and its subsidiaries (the "company") tocomply with all aspects of the Family and Medical Leave Act of 1993. The companyrecognizes the need to assist employees when they or their family members havemedical needs.

IL ELIGIBILITY

A. Employees who have worked for the company for at least 12 months and worka minimum of 1,250 hours per year are eligible to apply for a family ormedical leave.

B. The 12 months immediately preceding the application for the leave will bereviewed to verify eligibility, based on a minimum of 1,250 hours.

ITT. QUALIFYING EVENTS '

A. Birth of a child-fathers and mothers may apply for up to 12 weeks leaveduring the 12-month period following the birth of a child.

B. Adoption of a child-fathers and mothers may apply for up to 12 weeks leaveduring the 12-month period following the adoption of a child.

C Serious illness of spouse, son, daughter, or parent-employees may apply forup to 12 weeks leave when needed to care for an immediate family memberwho is seriously ill.

&R312037

Section Employment and EEO________ Policy No. HR2.0SSubject Family and Medical Leave______ Eff. Date 08/05/93 Page _2__ of 5

D. Personal illness-employees may apply for up to 12 weeks leave when theirown serious health condition prevents them from working.

IV. POLICY GUIDELINES

A. A serious health condition is defined as an illness, injury, impairment, orphysical or mental condition that involves care in a hospital, hospice, orresidential medical facility or continuing treatment by a healthcare provider.In general, childhood diseases such as colds, flu, chicken pox, or eye and earinfections are excluded.

B. Employees are eligible for a total of 12 weeks leave in any 12-month period.

C. Employees are required to use available paid time (disability leave, vacation,and personal days) before being eligible for unpaid leave. The total leavetime, including paid and unpaid time, is limited to 12 weeks, unless anemployee has more than 12 weeks paid time available.

D. In the event of spouses both working for the company, the total leave time forboth, with respect to the birth or adoption of a child, or to eare for a seriouslyill spouse, parent, or child is a combined 12 weeks (i.e., the mother may takesix weeks and the father may take six weeks).

E. Intermittent leave or reduced work schedule may be alternative to a single 12-week time span. The company reserves the right to transfer the employee toan alternative position for the duration of the intermittent leave. The totaltime off will be within the 12-week limit.

F. . If the employee returns within 30 calendar days, he or she will be returned tothe same position. After 30 days, there is no guarantee that the position willbe held. If the position is filled, the employee will be returned to a similarposition at the same pay.

V. BENEFITS

A. Employees will not accrue seniority or benefits during the leave.

B. Group health insurance coverage will remain in effect during the leave. Theemployee will be required to pay premium contributions directly to theCorporate Human Resources Department at the company.

AR3I2038

Section Employment and EEO_________ Policy No. HR2.05Subject Family and Medical Leave______ Eff. Date 08/05/93 Page _3_of,

The health insurance coverage is continued in anticipation that the employeewill return to work. If the employee does not return to work for any reasonother than personal medical disability, the employee will be required to paythe full cost of the insurance coverage.

VL APPLICATION

A. To the extent possible, employees are required to notify the company at least30 days in advance of anticipated leave by completing an OHM Family orMedical Leave Application (see Attachment I).

B. In the event of a planned medical treatment, employees are encouraged toschedule treatments for themselves and family members to reduce disruptionand negative impact on the company.

C. In the case of application for (i) leave to care for an injured or ill familymember, or (ii) leave because of an employee's serious medical condition, theapplication must be accompanied by a physicians certification of need. Thefollowing information must be included:

1. Date on which the illness or injury occurred.

2. How long the condition is expected to last.

3. A general description of the medical facts and diagnosis.

4. If the leave is to care for a family member, a description of the carethat will be provided by the employee, including an estimate of theamount of time each day that will be involved in providing the care.

5. If the leave is because of a serious medical condition of the employee,a statement describing why the employee is unable to perform thefunctions of the position.

VTJL APPROVAL

A, The Family or Medical Leave Application is to be submitted to the HumanResources Department. The application will be reviewed by a committeeincluding the Corporate Director of Human Resources and/or the Regional.Manager and the employee's department manager.

HR3I203S

Section Employment and EEO________ Policy No. HR2.05Subject Family and Medical Leave______ Eff. Date 08/05/93 Page _4_ of 5

B. If the committee has concerns about the validity of the request, the companymay require that a second medical opinion be obtained. The company willselect the physician for the medical review and will pay all costs associatedwith the review.

C. If the two medical views are in disagreement (and the leave is subsequentlydenied), a third opinion may be sought with the employee and the companyagreeing to accept the opinion of the third physician. The employee and thecompany will jointly select the third physician. The company will pay all feescharged by the third physician.

D. The company may require the current medical status to be re-evaluated andthe leave re-certified at 30-day intervals.

REM:cm07/06/93

AR31201+0

l"ol*y No. HRLOSttttSetS

AsuctanilM/OS/W

OHM Corporation

FAMILY OR MEDICAL LEAVE APPLICATION

Name:.——__———.—————————————— Social Security Number:

Department: ———————————————————— Date of Application: ——

Date of birth or placement for adoption of son or daughter: _______

Date on which the illness or injury occurred: ————————————————

How long is condition expected to last: —————————————————————

Please provide a general description of the medical facts and diagnosis.

If the leave is to care for a family member, please provide a description of the care that will beprovided by the employee, including an estimate of the amount of time each day that will beinvolved in providing the care.

If the leave is because of a personal illness or injury, please provide a statement describing why theemployee is unable to perform the functions of the position.

Approval (Employee's Minapr) ———————————————————————————————— Date

Approval (Human Resources Dept.) ——————————————————————————•———-

AR3I20M

OHM Guporation

HUMAN RESOURCES POUCY AND PROCEDURES

Company/Division ____ OHM Corporation_________________ Policy No. ___3.12_______

Approved By: s**\s\ X&Jc_______ Section Compensation and Benefits

Vacation — U.S.

Supersedes DatedEff. Date oi/oi/9i Page 1 of 5

I. OBJECTIVE

To establish guidelines and procedures for the administrationof the paid vacation program.

II. SCOPE

Full-time regular employees of OHM Corporation and itssubsidiaries, including all corporate departments, OHMRemediation Services Corp., OHM Resource Recovery Corp., andNSC Corporation.

III. POLICY

It is the policy of OHM Corporation to provide eligible employ-ees with annual vacation periods each year for the purpose offreeing them from their regular duties at work.

IV. ELIGIBILITY

A. Only full-time regular employees are eligible to takevacation.

B. A newly hired employee is not entitled to vacation untilafter four months of continuous service.

C. Any employee whose employment is terminated voluntarily orinvoluntarily, except for retirement, prior to taking theirvacation, will not receive any vacation or pay in lieu ofvacation.

Section Compensation and Benefits poHcy No 3.12

Subject vacation — U.S.________ Eff. Date 01/01/91 Page 2 Of

D. Rehired employees are eligible for vacation based on theiradjusted service date. However, if an employee had takenany amount of vacation prior to the time of termination andis rehired in the same year, the employee will receive aprorated earned vacation based on actual months worked.

E. Employees who are on disability (short or long-term),workers' compensation disability, or military leave ofabsence will be considered continuously employed forpurposes of determining service for vacation eligibility.Employees may choose to utilize their earned vacation duringa leave of absence; however, an employee will not be elig-ible to receive any further vacation time until they havereturned to work.

F. Part-time employees and temporary employees are not eligiblefor paid vacation.

G. Employees do not accrue service for vacation eligibilityduring an unpaid personal leave ©f absence ©f aore than 30

or a temporary lay-off of mere than 90 days.

V. SCHEDULE

The amount of vacation time an employee is eligible to receiveis based on the following schedule:

EXEMPT EMPLOYEES

Length of Continuous Service as Vacation Daysof the End of the Current Year (To be taken January-December)

First year of employment

Hired prior to: May 1 5 daysAugust l 3 days

Hired after: July 31 0 days

1 year but less than 5 years 10 days

5 years but less than 12 years 15 days

12 years or more 20 days

AR3I2QU

Section Compensation and Benefits PolicyNa 3.12

subject Vacation — U.S._________ Eff. Date 01/01/91 Page__^___ of

NON-EXEMPT EMPLOYEES

Length of Continuous Service as Vacation Daysof the End of the Current Year (To be taken January-DecemberJ

First year of employment:Hired before: July 1 3 days

•Hired after: June 30 0 days

1 year but less than 2 years 7 days



15 years or more 20 days

It is the intention to give employees their preferred choice ofdates when scheduling vacations. However, management isresponsible for ensuring that vacation schedules do not disruptthe operations of the department /company.

A. All vacation time must be taken within the calendar year.Vacation benefits do not accumulate, and all unused vacationwill be forfeited except as outlined in the following sec-tion.

B. If due to business requirements an employee is requested bymanagement to cancel a scheduled vacation or forego takingvacation before December 31, a maximum of ten (10) vacationdays may be carried over into the next year, provided suchvacation days are taken before April 1 of the carry-overyear. If carry-over vacation time is not taken by April 1,it will be forfeited.

All carry-over vacation requests must be approved in writingby the employee's manager and the Human ResourcesDepartment .

C. If a holiday falls within the approved vacation period., theholiday is not counted as a vacation day. The employee will

AR312Q1U

Section Compensation and Benefits policyNa 3.12

Subject Vacation — U.S.________ Eff Date 01/01/91 page 4 Of

be paid for the holiday and then has another vacation dayavailable.

D. If an employee suffers a significant illness while on vaca-tion and the disability extends for a period of more thanthree consecutive days, the absence may be considered adisability absence and additional vacation days will begranted. A physician's certification is required.

E. Vacation days count as time worked for purposes of calculat-ing overtime.

F. The Human Resources Department will determine vacation eli-gibility of employees.

VII. PAY FOR VACATION TIME

A. Employees will receive pay during their vacation time-off attheir base rate of pay fsr eight h©ur§ per day of

B. Vacation payment is nermally snade ©n the regular payday forthe pay period in whieh the vacation is taken.

C. Employees may not choose to receive pay in lieu of vacation.

D. If an employee voluntarily terminates their employment (forother than retirement) with the company or is otherwise ter-minated by the company prior to December 31 of the currentyear and they have already taken their vacation, a pro-ratedamount of vacation pay will be automatically deducted fromtheir final pay calculated as follows:

No. Vacation Days Taken

-No. of full months worked -. 12 x No. Vacation Days Dueduring the current year

x Base Rate Per Hour

x 8 Hours____________________________;__________________- Net Reduction to Final Pay (If amount is zero or

negative, no adjustmentwill be made.)

AR312QU5

Section Compensation and Benefits PolicyNO> 3.12

subject Vacation — U.S._________ Eff Date 01/01/91 Page 5 of _

E. Employees hired before January l, 1991, who earned accruedvacation pay during 1990 will receive their vacation payaccrual at the time of retirement or termination.

VIII. RESPONSIBILITY

The Vice President of Human Resources is responsible for theoverall implementation and interpretation of this policy. Anyexception to this policy requires the advance approval of theVice President of Human Resources.

4958

OHM Corporal ion


Company/Division _______OEM Corporation________ Policy No.

Approved By: J*CX MLlL,_____________ Section Compensation and Benefits

Subject Short-Term Disability

Supersedes Dated

Eff.Date 03/01/91 Page__i of ___

TTcL cj>

OBJECTIVE

To establish guidelines for the continuation of compensationduring periods of absence from work due to illness or injury(including pregnancy).

All full-time regular employees ef OHM Corporation and itssubsidiaries.

III. POLICY

The company will continue compensation to eligible employeeswhile absent from work as a result of non-job related illnessand injury, or pregnancy.

A short-term disability is a temporary disability not exceedingsix (6) months resulting from illness and injury which preventsan employee from performing regular duties. Pregnancy, by law,is treated- as a medical disability.

Job-related illnesses or disabilities are covered by theapplicable State Workers' Compensation regulations and are nota part of this policy.

Management is encouraged to find light duty assignments fortemporarily disabled employees, within the limitationsestablished by a physician, rather than placing an employee onshort-term disability.

AR3I20U7

Section Compensation and Benefits Policy No. 3.14

Subject Short-Term Disability_____ Eff. Date 03/01/91 Page 2

IV. ELIGIBILITY

All full-time regular employees who have completed 30 days ofemployment.

V. BENEFITS

A. Benefits are paid up to 26 weeks per calendar year.

B. Employees are paid benefits from the first day of disabilitycaused by an accident or the first day of hospitalization.If the disability does not require hospitalization, benefitswill begin on the fourth day.

B. Benefits are based on regular base pay exclusive of overtimeor bonus. Benefits are based on the employee's length ofservice according to the following table:

Percentage of SalaryLength of Seryjge 3-a_sls_tQ..&e__Co_ntlnu@d

Less than 1 year 0 days 180 days1 year but less than 2 years 30 days 150 days2 years but less than 5 years 60 days 120 days5 years but less than 10 years 120 days 60 days10 years but less than 15 years 180 days 0 days

Benefits will be paid only when the completed physician'sstatement is received and approved by the Human ResourcesDepartment. If further substantiation of the disability isrequired, the employee may be requested to submit to anexamination by another physician, designated by the company,at company cost.

If the disability continues for more than two (2) weeks,supplementary physicians' statements will be required forproof of continued disability. Failure to provide therequired documentation will result in a discontinuance ofshort-term disability benefits.

When ready to return to work, an employee who has been ondisability must submit a statement from his physician thathe is no longer disabled and can return to his normalduties.

AR3120U8

Section Compensation and Benefits Policy No. 3.14

Subject Short-Tern Disability_____ Eff. Date 03/01/91 Page 3 of

D. The total benefits an employee receives during a calendaryear will be no greater than those benefits he is entitledto under the "Schedule of Benefits". If an employee isabsent more than once during the calendar year, all suchperiods will be totaled for the purpose of computing thebenefits for that year. Benefits paid for any day ofabsence will be charged against the calendar year in whichthat day occurs, even though the absence continues from onecalendar year to another.

An absence due to sickness will be considered as continuousunless separated by active employment of 30 days. Succes-sive periods of disability separated by less than 30 daysand resulting from the same condition are considered oneperiod of disability.. The total benefits paid for any onedisability shall not exceed 26 weeks, even if they extendinto the next calendar year.

£. After ISO calendar days of continuous disability, benefitsunder this plan will terminate. Eligible disabled employeesshould apply for disability benefits"under the L s n "Disability (LTD) Plan after ISO days of disability ifdisability is ©3fp@et@d te ee timae. LTD benefits are sub-ject to approval by the insurance company.

F. The amount of benefit will be reduced by any benefitsreceived under any statutory disability plan to which thecompany makes contributions, such as the New Jersey and NewYork disability plans.

G. In cases where the disability is disputed as work related,disability benefits will be paid under this plan until thenature of the disability is resolved. An employee cannotcollect short-term disability and worker's compensationbenefits for the same disability. The employee will berequested to sign an agreement to reimburse the company forany amounts received as worker's compensation benefits.

H. Unused benefits are not payable to the employee.

I. An employee on short-term disability will continue to beeligible for all benefits as if continuously employed.

, J. Employee contributions for medical and LTD insurance willcontinue to be deducted from an employee's short-termdisability payments.

Section Compensation and Benefits Policy No. 3. -\ A

Subject Short-Term Disability_____ Eff. Date 03/01/91 Page 4 of

4976

K. An employee's annual merit review date will be adjusted for•-the amount of time the employee is off work.

VI. RESPONSIBILITY

A. The Director of Compensation and Benefits is responsible forestablishing additional administrative guidelines in accord-ance with applicable laws such as New Jersey DisabilityBenefit law, New York Disability Benefit law, and Canadianlaw.

B. Deviations from this policy will require the advanceapproval of the Vice President of Human Resources.

AR3I2050

<JOHM Corporation


Company/Division ___ OHM Corporation _________ Policy No. ___ 3. 15 ____

Approved By: ^ /X . *" -aa ^ Section Compensation and Benefits

Leaves of Absence __________Supersedes Dated" ___ —Eff. Date 01/15/91 Page _____ _ of _ 5

I. OBJECTIVE

To provide guidelines for management and employees in grantingand requesting unpaid leaves of absence.

II. SCOPE

All full-time regular employees of OHM Corporation.

III. POLICY

Leaves of absence without pay may be granted to eligibleemployees for justifiable reasons and for specified periods oftime with no interruption in the accumulation of service cred-its, provided the company has a need for the employee in thefuture, and the employee desires to return to work for thecompany.

IV. POLICY STATEMENT

A. Leaves of absence are intended to cover extended periods oftime away from work for compelling reasons which normallyinclude, but are not limited to, the following:

1. Important matters of a personal nature2. Medical reasons3. Military service4. Education5. Government service

B. Leaves of absence as provided under this policy shall bewithout pay. The length of a leave of absence will dependupon the circumstances involved, but in no case shall a

AR31205I

Section Compo^gation and Ben* f its Policy No.

Subject Leaypq of abgenff*______________ Eff. Date ni/m/.Qi

leave of absence exceed twelve (12) months. A leave ofabsence will be granted only when all paid time off earned(vacation, holidays, disability) has been used, except formilitary leave as noted later in this policy.

V. PROCEDURE

A. A request for a leave of absence shall be submitted inwriting to the immediate supervisor. The request shallinclude the reason for the leave of absence, the expectedduration, and the employee's intentions with respect toreturning to active status following the expiration of theleave of absence.

B. A leave of absence shall require the approval of the employ-ee's immediate supervisor, the supervisor's manager, and theDirector of Compensation and Benefits.

C. Service credit under statutory benefits, such as pensionplans, will accumulate during a leave ef absence for up totwelve (12) months.

D. Approval of a leave of absence does not guarantee thatactive employment will be available at the end of the leave.

E. An employee shall not engage in gainful employment while ona leave of absence without prior approval of the company.

F. All company benefits will stop on the date the leave ofabsence begins. Continuation of medical/dental benefitswill be offered through COBRA as required by law. Contribu-tions to the 401(k) will be suspended during the leave ofabsence, but participation in the plan continues. All bene-fits will resume upon return to active employment.

G. An employee will not earn vacation credits during the periodof an unpaid leave of absence.

VI. TYPES O? LEAVES O? ABSENCE

A. Personal Leaves of Absence

A leave of absence for personal reasons such as, but notlimited to, family illness, birth, or adoption of a childmay be granted when an employee does not have any vacation

AR3I2052

Section Compensation and Benefits Policy No. * .

Subject Leaves of Abgen-A _____________ • Eff. Date m /15/Qi Pag« i of

or has used up all vacation earned. -A personal leave ofabsence will be no longer than twelve (12) months, except asrequired by governmental agencies or applicable state lawsand regulations.

B. Medical Leaves of Absence

A leave of absence for medical reasons may be granted to anemployee who is absent from work due to an injury or illnesswhen the employee is not eligible for salary continuance orhas exhausted benefits under the short-term disability planand is not qualified for long-term disability benefits. . Anemployee may return to work only upon receipt of a doctor'sstatement that the employee is able to resume the normalduties of his/her position.

C. Military Leaves of Absence

A military leave of absence without pay will be granted tofull-time employees only entering service in the ArmedFereg§ ©f the U.S., Th© length ©f the military l@av@not (S&ceed the maximum of feur (4) years. Extensionsbe handled an an individual basis.Any temporary employee called up for active duty will needto reapply for employment upon their return from activeduty.

All benefits will stop when the employee goes on leave. Themilitary will pick up medical benefits for the employee andhis/her dependents. COBRA coverage is available to employ-ees, but has some restrictions regarding injuries as aresult of military actions.

As required by law, at the end of the military leave ofabsence, the employee will be offered re-employment in theprevious position or a position of equivalent status andpay, if available; or any other position available and forwhich the employee is qualified if the following require-ments are met:

1. Employee has re-employment rights under the law;2. Employee has been honorably discharged; and3. Employee reports to work within 90 days after discharge.

Employees notified by actual call-up orders must notifytheir immediate supervisor and provide a copy of the ordersto the Human Resources Department.

AR3I2053

Section compensation and Benefits Policy No. 3.1*;

Subject Leaves of Absence _____________ Eff. Date 01/15/91 Page _ of

D. Educational Leaves of Absence

A full-time regular salaried employee may be granted a leaveof absence to permit full-time attendance at an educationalinstitution in pursuit of a degree which will benefit boththe employee and the company in their present position orany position the employee might be expected to hold in thefuture .

An educational leave of absence may be granted for the dura-tion of a school term, or twelve (12) months, whichever isless.

E. Government Service Leaves of Absence

A leave of absence will be granted to an employee in theevent of the following government services:

1. Jury duty extending beyond the paid time off policy.

2, Election sr appointment -fee a full^tim® public office*

5351

A. Upon return to active employment, the employee may resume •working in the former position held prior to the leave ofabsence or a comparable position at the base salary ineffect at the commencement of the leave, unless such posi-tion has been eliminated.

The company reserves the right to fill the position vacatedif business necessity dictates. All efforts will be takento locate and obtain an equivalent position for a returningemployee.

B. Return to active employment status following any leave ofabsence is contingent upon the availability of a suitablejob. If none is available, the employee will be separatedas a reduction in force.

AR31205U

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES________

TIME KEEPING AND OVERTIME

AR312055

OHM Corpocstioti

ADMINISTRATIVE POLICIES AND PROCEDURES

Heading Time Reporting - Section Time Keeping

Approved By: *~ /\* ••- (- _____ Policy No. 6.01/>7

6.01 Dated 07/03/94———— ——— ——Effective Date 09/10/9.5 Page J__ of 10

A. Purpose

The purpose of this section is to set forth the Company's guidelines for employee Time Reporting and for thepreparation of employee Time Reports.

B. Policy

I . It is the policy of the Company to properly compensate employees for all approved hours worked in accordancewith the Company's Human Resources Policies and Procedures Manual.

2. It is the policy of the Company to accurately report and record labor charges by requiriag all employees toprepare and submit a weekly Time Report and to record aH regular and overtime hours worked.

3. It is die policy of the Company to pay all taxable employee compensation through the payroll department. Thisincludes bonuses, awards and gifts. Do not issue travelers cheques, field drafts, petty cash or accounts payablechecks for payment of any type of compensation without first consulting with the corporate payroll department

C. Definitions

1. The Time Report Coordinator (IRQ is responsible for collecting all Time Reports for employees assignedto then- region, division, department or project; and for performing a secondary review of employee's andsupervisor's compliance with this policy.

2. The Site Administrator (SA) is an employee assigned to a project and responsible for performance of theadministrative duties for the project. On large projects, this person will generally be a project accountant. Forsmaller projects, administrative responsibilities may be performed by the project manager, project supervisoror in some cases, the team leader.

3. The Site Responsible Person (SRP) is an employee assigned to a project and responsible for the overall fieldoperations for the project. This person will generally be a project manager, project supervisor or team leader.The term "SRP" is referenced throughout this policy in discussion of the approvals required for transactionsrelating to a project

•4. "Revised" Time Report is a complete corrected listing of all regular and overtime hours worked in a weekwith the same levels of approvals as listed on the original Time Report including the employee's signature.

AR3I2056

Heading Time Reporting_________ Section Tim» Keening,

Policy No. 6.01________________ Effective Date 09/10/95___ Page _____ Of JO

D. Employee Responsibilities

1. Each employee is responsible for the daily completion of a Time Report (Attachment A) for every week ofemployment, regardless of whether the employee is at work or is on approved leave, such as vacation orvoluntary time off.

2. Each employee must accurately charge his or her time to project, bid & proposal, research & development, assetunder construction or other work identification (ID) codes of the Company that reflect the work performed bythe employee.

3. Each employee must obtain approvals for their Time Report before leaving a project site and must take theapproved Time Report with them.

4. Each employee must certify by their signature on the Time Report the accuracy and correctness of their TimeReport. Do not allow another person to make entries on or sign your time report for you. Do not sign yourtime report in advance, unless otherwise instructed in writing by the corporate payroll department. TimeReports with approved vacations, holidays and personal holidays taken at the end of the work week may besigned in advance. To meet the payroll processing schedules, the payroll department may also require timereports be turned in and approved in advance. This requirement will be evidenced by a memo issued by thepayroll department. All employees must comply with the Time Reporting Policies which include this sectionand Section 6.02, LABOR CHARGING PRACTICES.

5. An employee's pay may be delayed if their Time Report is not completed accurately and submitted timely &sdiscussed below in [F].

E. Supervisor or Manager Responsibilities

1. Supervisors and managers are responsible for providing the proper work identification code, pay code, projectnumber, Work Breakdown Structure (WBS) activity number, and prevailing wage code, if applicable, for eachwork assignment given to employees under their supervision.

2. Supervisors and managers are also responsible for adequate review of their employees' to insure that their TimeReports are completed accurately and completely. Supervisors and managers shall check the employee number,oroper period of performance, math calculations of hours and approve all non-project hours. Project managersand site responsible persons shall check the employee number, proper period of performance, math calculationsof hours and approve all project hours. Off-site charges to a project may be approved by the appropriateproject manager or the employee's immediate supervisor. Do not approve time reports in advance, except asrequired to meet payroll processing schedules as discussed in [D.4.] above. All corrections made on the TimeReport must be initialed by the approver as discussed below in [G.2].

3. Supervisors and managers share with the employee direct responsibility for accuracy and completeness of thetime reported by their employees. As such, supervisors and managers are subject to the same disciplinaryactions as the employee as discussed below in [I].

4. Supervisors and managers are responsible for the payment of their employees and as such, must explain on theface of the employee's Time Report the circumstances regarding why the employee has not signed their TimeReport.

AR3I2057

Heading Time Reporting___________ Section Time Keeping.

''olicyNo. 6.01_________________ Effective Date 09/10/95 Page ___ of JO

F. Submission of Time Reports

I. A weekly Time Report of all regular and overtime hours worked must be submitted by each employee. -Aweekly Time Report of all per diem allowances claimed should be submitted by eligible employees inaccordance with Section 4.04, MEALS AND INCIDENTALS policy.

2. The Time Report covers a pay week beginning on Sunday (12:01 a.m.) and ending on Saturday (12:00 a.m.).

3. The completed and approved Time Report must be submitted to the employee's TRC as follows:

a. Employees at Project sites are to have their approved Time Reports to their SA by the end of the workday each Saturday. The SA, who may be the TRC, will confirm the employee's and supervisor'scompliance with this policy. The SA should fax on Saturday, but no later than 10:00 a.m. on Monday,the Time Reports to the regional payroll processor. If Saturdays are not worked, submit all TimeReports after 4:00 p.m. each Friday.

b. AH other Employees are to have their approved Time Reports to their assigned TRC after 4:00 p.m.on each Friday, assuming no Saturday hours will be worked. If Saturday hours are to be worked, theirTime Reports are due to their TRC on the following Monday by 8:30 a.m.

4. The TRC must submit all Time Reports to their regional payroll processor by no later than 10:00 a.m. onMonday following the end of the pay period.

Time Reports submitted that do not comply will be returned to either the employee or supervisor, dependingon the nature of the non-compliance. The TRC will forward to the regional payroll processor only those TimeReports that comply with this policy.

G. Instructions for Completing Time Reports

1. Employees are responsible for the completion and submission of their Time Report (Attachment A).Instructions in short form are listed on the back of the Time Report.

2. All Time Reports must be completed in ink. Incorrect information that has been entered on the Time Reportshould be changed by the employee by drawing a line in ink through the error and initialing the change. Theemployee should write the correct data in ink above or below the error on the Time Report "White-out" orobliterations must not be used to make any corrections on the Time Report The approver must initial allcorrections made to the Time Report, showing their knowledge of the correction and that the correction isappropriate.

3. If an employee's Time Report has already been processed by the corporate payroll department and it containsan error that previously went undetected, the employee must submit a corrected Time Report to the TRC. Jjmcorrected Time Report must be checked "REVISED" at the top, contain all corrected hours worked in the payweek, contain all the appropriate approvals, and the employee's signature. The Time Report and correspondingpayroll adjustment will be processed in the next payroll processing week as discussed in [J] below.

AR3I2058 -

Heading Time Reporting__________ Section Time Keening,

Policy No. 6.01________________ Effective Date 09/10/95 Page _£_ of 10

4. PAGE__OF__If the employee's Time Report is more than one page in length, complete the page numbering at the top leftof the report. If the employee's Time Report consists of only one page, this may be left blank.

5. EMPLOYEE NAMEThe employee should print or type their first, middle initial and last name in this space. Do not use nicknames.

6. EMPLOYEE #The employee number assigned by the regional human resources department should be used. Do not use socialsecurity numbers.

7. OFFICE LOCATION NAMEThe name of the employee's home base location, such as "Corporate", "Georgia Division", or "Midwest RegionOffice" should be listed. On a long term project, the office location may be the project site itself.

8. TRC NAMEThe name of the Time Report Coordinator (TRC) assigned to the employee is listed here.

9. PAY WEEK ENDINGThe employee should record Saturday's date (MM/DD/YY) for the pay week.

10. WORK IDThe employee should record Administration hours on the line provided. Additional work identification (ID)codes are listed on the bottom of the Time Report. These work ID codes are written m by the employee inthe Time section of the Time Report.

The following is a detailed discussion of when to charge time to these Work ID Codes.

a. Work ID Code 01 - Project TimeEmployees will use this work ID code to report hours charged to a specific project

b. Work ID Code 02 - Project Time (Breathing Air)1. Only employees classified as non-exempt (OT code 2) will use this work ID code to report hours

charged to a specific project as described in ID code 01 and when the work involves the use ofbreathing air apparatus.

2. Employees working in breathing air and subject to prevailing wage requirements that include ahazardous surcharge should record their time under work ID code 01.

c. Work ID Code 21 • Bid & ProposalEmployees will use this work ID code to report hours charged to a specific bid & proposal activity whenthe work performed is for preparing, supporting or submitting documentation to a client for the purposeof proposing on a contract. See Section 6.02, LABOR CHARGING PRACTICES policy, foradditional discussions of bid & proposal activities.

AR3I2Q59 •-

Heading Time Reporting___________ Section Tim- Keeping^

°oI5cyNo. 6.01________________ Effective Date 09/10/95 __ Page _5__ of JO

d. Work ID Code 22 • Equipment MaintenanceEmployees will use this work ID code to report hours incurred repairing and maintaining the Company'sproject and overhead equipment Tune spent repairing project rental equipment should be chargedtowork ID code 01. See Section 6.02, LABOR CHARGING PRACTICES policy, for a more detaileddiscussion of equipment maintenance.

e. Work ID Code 23 - Facilities MaintenanceEmployees will use this work ID code to report hours incurred maintaining or repairing Company-ownedor rental facilities.

f. Work ED Code 25 - TrainingEmployees will use this work ID code to report hours incurred in attending mining classes or seminars,with the exception of training meetings held on project sites for the purpose of discussing project safetyand administrative procedures. If you are conducting the training session, do not code your time totraining, charge work ID code 44, administration. Project site training meetings should be reported asproject time and charged to work ID code 01. See Section 6.02, LABOR CHARGING PRACTICESpolicy, for a more detailed discussion of training.

g. Work ID Code 27 - Research & DevelopmentEmployees will use this work ID code to report hours charged to a specific research & developmentactivity when the work performed is for basic research, applied research, developraeat, systems and otherconcept formulation studies. See Section 6.02, LABOR CHARGING PRACTICES policy, for amore detailed discussion of research &. development activities.

h. Work ED Code 28 - Asset Under ConstructionEmployees will use this work ID code to report hours charged to an asset under construction accountwhen the work performed is for construction or installation of a capital asset See Section 4.02,CAPITAL EXPENDITURES policy, for a detailed discussion of what constitutes a capital asset andsee Section 6.02, LABOR CHARGING PRACTICES policy, for a more detailed discussion of assetunder construction activities.

i. Work ED Code 40 - Voluntary Time OffExempt (salaried) employees will use this work ID code when they have elected to be voluntarilyexcused from a full work day without pay. All such voluntary time off must be pre-approved by theemployee's supervisor using the Request For Leave Of Absence/Vacation Request form which may beobtained from the employee's regional human resources representative. The approved voluntary timeoff must be reported on the exempt employee's Time Report as eight (8) regular hours and cannot berecorded in conjunction with any other hours worked or reported for that same day.

Hourly (non-exempt) employees may use this ID c,ode when they have elected to be voluntarily excusedfrom a full or partial work day without pay. The voluntary time off may be reported on the hourlyemployee's Time Report in conjunction with other hours worked or reported for that same day.Voluntary time off includes military leave, unpaid vacation, or any other time off for personal reasons.

j. Work ID Code 41 - VacationEmployees will use this work ID code to report hours voluntarily taken off and approved as paidvacation time.

AR3I2060

Heading Time Reporting___________ Section Time Keeping.

Policy No. 6.01_______________ Effective Date OQ/10/9S Page j6__ of 10

k. Work ID Code 42 - Personal IllnessEmployees will use this work ID code to report hours taken off due to a personal illness.

I. Work ID Code 43 - HolidayFull-time employees will use this work ID code to report eight (8) regular hours for every Companysponsored holiday as stated in the Human Resources Policies and Procedures Manual. Hours workedon holidays are not charged to this work ID code.

m. Work ID Code 44 - AdministrationEmployees will use this work ID code to report hours incurred in the performance of administrativeduties and activities. This work ID code is to be used for reporting time that does not qualify to beclassified under any other work ID code listed on the Time Report.

n. Work ID Code 45 - BereavementEmployees will use this work ID code to report hours eligible for paid time off in the event of a deathin the employee's family. See the Human Resources Policies and Procedures Manual, for situationswhich allow for bereavement pay.

o. Work ID Code 46 - Jury DutyEmployees will use this work ID code to report hours spent serving jury duty. OHM will pay anemployee for time served in such jury duty on the basis of the differeaee between their basecompensation and the per diem amount received in statutory allowance from the eousts. See the HumanResources Policies and Procedures Manual for jury duty pay.

p. Work ID code 47 - Personal HolidayEmployees will use this work ID code to report eight (8) regular hours for every personal holidayapproved and taken by the employee. The Company provides for personal holidays in the HumanResources Policies and Procedures Manual.

11. PROJECT NAMEThe employee should record the project name if the time being reported is for work ID codes "01 - ProjectTime", "02 - Project Time (Breathing Air)", "21 - Bid & Proposal", "27 - Research & Development", or "28 -Asset Under Construction".

12. P.»Y CODEThe employee should record in this column an "E - Emergency Response", "B - Base Rate", or "blank - ProjectRate" for project, bid & proposal, research & development, or asset under construction hours worked.

The following is a detailed discussion of when to use these pay codes.

a. Emergency Response • Code (E)1. The emergency response code applies to hourly field operations employees included in overtime

code [2]. Emergency response hours are eligible for overtime compensation for such employeesas defined in the Human Resources Policies and Procedures Manual.

AR3I206I

Heading Time Reporting___________ Section Time Keeping

0ilicyNo. 6.01_________________ Effective Date 09/10/95 Page J7_ of JO

2. The Emergency Response code, indicated by the use of an "E" in the pay code column of theTime Report, should be used by employees to indicate project hours that are defined asemergency response hours per the project manager and division manager.

3. Emergency response hours may also include a continuous shift A continuous shift is definedin the Human Resources Policies and Procedures Manual as "any continuous period of work untilthe employee has at least a four (4) hour break. All hours worked on a continuous shift shouldbe listed on the employee's time report on the day the shift began, even if they exceed 24 hours".

b. Base Rate • Code (B)1. The Base Rate code only applies to certain hourly field operations personnel included in overtime

code [2]. The employee's base rate of pay will be used to compensate the employee for allregular and overtime hours reported using this pay code.

2. The Base Rate code, indicated by the use of a "B" in the pay code column of the Time Report,should be used by employees to record project hours worked, if such time has been incurred bythe employee in any of the following activities:

a. Traveling as part of the initial mobilization or final demobilization of a projectb. Traveling as part of a project site rotation or furlough

3. The Base Rate code may be used to record project, bid & proposal, research & development, andasset under construction hours worked.

13. PROJECT #The employee should enter in this column the project number for project (5-digit), bid & proposal (7-digit),research & development (5-digit), or asset under construction (5-digit) hours being reported. Please consultthe SRP for the correct project number.

14. WBS ACTIVITYThe Work Breakdown Structure (WBS) Activity 7-digit number may be listed if so required by the projectmanager for project hours worked. The WBS Activity number must be written as a full seven-digit number(projects in the 30000 range may use WBS activity numbers less than 7-digits). For example, "100" would bewritten as "0000100". If a WBS Activity number is not required, the employee should leave the column blank.Please consult the SRP for the correct project WBS Activity numbers. The WBS Activity numbers do notapply to bid It proposal, research & development, or asset under construction activities.

15. PREVAILING WAGE CODEIf the project an employee is working on is subject to a prevailing wage determination such as Service ContractAct (SCA), Davis-Bacon Act (DBA), or a state prevailing wage law, the SRP must post or cause to be postedthe prevailing wage determination in an accessiblelocation to communicate to the employee the prevailing wagecodes and associated minimum rates of pay for each prevailing wage function. The SRP must obtain fromCorporate Human Resources the prevailing wage codes and rates of pay for prevailing wage functions. Theemployee is responsible for entering into this column on the Time Report the appropriate prevailing wage codefor each prevailing wage function performed and the related project hours worked in that function.

AR3I2062

Heading Time Reporting_________ Section Time Keeping.

Policy No. 6,01________._________ Effective Date 09/10/95 ._ Page JL_ of JO

16. OFF-SITEThe employee should leave this column blank to indicate if he or she was physically performing work at aproject site. If an employee is mobilizing to a project, demobilizing from a project or working in the officeon a project, the employee should enter "X" in this column. Employees working on an asset under construction,"bid & proposal and research & development activities should leave this column blank.

n. APPRO VAL/EMP*This column should be used for the approval of each line or work ID code on the Time Report The employeemust obtain these approvals. Every charge to a project (both hours and per diems) must be approved in thiscolumn by the project manager or site responsible person with the approver's initials and employee number.Project Accountants (PA's) are not authorized approver's of employees time reports.

All off-site charges to a project may be approved by the appropriate project manager or the employee'simmediate supervisor. Each charge to a bid & proposal, asset under construction or research & developmentwork ID code may be approved by the appropriate project manager or the employee's immediate supervisor.

18. REGULAR & OVERTIME HOURSAH regular (R) and overtime (OT) hours worked must be accurately recorded to the nearest quarter hour eachday for every work ID code listed on the Time Report. The recommended format for recording the nearestquaner hour is fractions, i.e., 1/4, 1/2 or 3/4. The OHM day begins at 0001 hours and ends at 2400 hours.

The first eight (8) hours worked each day should be recorded as regular time. All compensatory time-off(Holidays, Vacation, etc.) should be recorded as regular hours. This may result in regular hours exceeding forty(40) hours for the week. Hours worked over eight (8) per day should be recorded as overtime. Hours workedon holidays by full-tune employees should be recorded as overtime.

Overtime compensation will be determined in accordance with the Company's established policies and practice,which may not coincide with the overtime hours recorded on the employee's Time Report.

19. TOTALS-BY WORK ID CODEAdd regular and overtime hours by line for each work ID code. The total regular and overtime hours workedfor each line or work ID code must be accurately reported.

20. TOTALS-BY DAYAdd regular and overtime hours by day. The total regular and overtime hours worked for each day must beaccurately reported.

21. TOTALS-FOR WEEKAdd regular and overtime hours for the pay week. The total regular and overtime hours worked for the weekmust be accurately reported; therefore, the summation of the total regular and overtime hours by work ID codeand by day must equal the total regular and overtime hours for the week.

22. PER DIEMS CLAIMEDAll per diem allowances claimed must be accurately recorded per the instructions in Section 4.04, MEALSAND INCIDENTALS policy. Enter the full or partial per diem amount earned. If more than one project wasvisited in one day, pro-rate the per diem allowance as outlined in Section 4.04.

AR3I206.3

Heading Time Reporting__________ Section Time Keeping,

Policy No. 6.01 ____________ Effective Date OQ/1Q/9S Page ___ of JO

23. PER DIEM TOTALS - BY DAYAdd per diem allowances claimed by day. The total per diems claimed for each day must be accuratelyreported. The total for each day should not exceed S25 per day for low cost areas or S30 per day for high costper diem areas within the Continental United States (CONUS). For projects outside the continental UnitedStates, consult Section 4.04, MEALS AND INCIDENTALS.

24. PER DIEM TOTALS - FOR WEEKAdd per diem allowances claimed for the pay week. The total per diems claimed for each week must beaccurately reported. The total for each week should not exceed S175 for low cost areas or S210 for high costper diem areas within the Continental JJnited States (CONUS).

25. EMPLOYEE SIGNATUREAfter fully completing and reviewing the Tune Report for accuracy, the employee must sign (certify) the TimeReport in the space provided.

H. Certification of Time Report

1. By signing the Time Report, the employee certifies:a. Compliance with the Administrative Policies and Procedures Manual as well as the Employee Handbookb. Time recorded on the Time Report is accurate and complete, and .c. The employee acknowledges that incosreet reporting of time worked may subject the employee to

disciplinary action.

I. Falsification of Time Report

1. The Time Report provides the Company with the only record of employee attendance and work effortperformed. Any employee who willfully falsifies a Time Report or directs an employee to falsify a TimeReport shall be subject to disciplinary action, which may include termination. See Human Resources Policiesand Procedures Manual for the discipline policy. Such falsification may also be a violation of Federal law and,as such, the employee may also be subject to felony prosecution.

2, If an employee is uncertain whether they are in compliance with this policy, or if any employee is directed tofalsify their Time Report by another employee, the employee should immediately contact their regional humanresources representative.

J. Correction of Previously Reported Time

Department managers, project managers, regional controllers and regional managers may, upon review of time reportedto any work ID code, determine that such time was reported erroneously. For certain corrections, a "REVISED" TimeReport may be required to correct the time reported in error. All corrections are to be processed by the corporatepayroll department The corporate payroll department will not process "REVISED" Time Reports unless they areproperly completed, signed by the employee and approved.

1. The following corrections DO NOT require a "REVISED" Time Report and may be processed by using a copyof the original Time Report:a. For keypunch or other data entry errorsb. For closed projects that should have been open to accept valid charges

AR3I20614 -

Heading Time Reporting _______ Section Time Keeping,

Policy No. 6.01________________. Effective Date 09/10/95 _ Page JO Of Jjp

c. For changes to WBS activity numbers when the WBS activity numbers for the project are being usedfor internal management purposes and are not subject to varying contractual billing requirements

2. The following corrections DO require a "REVISED" Time Report:a. For changes in an employee's assignment of hours on the Time Report, the approvals in [G.17] above

and the employee's signature must be obtained for all lines affected by the revision.b. The following are examples which may change an employee's gross pay and which require a

"REVISED" Time Report:1. Changing hours charged to line item work ID codes2. Changing a pay code3. Changing a project number4. Changing WBS activity numbers when the WBS activities are subject to varying

contractual billing requirements5. Changing prevailing wage codes6. Adding or subtracting hours worked

K. Correction of Previously Reported Per Diems

Project managers and regional controllers may, upon review of per diems claimed, determine that such amounts wereincorrectly reported. All per diem corrections should be recorded on the Per Diem Correction form and approved byShe project manager or regional controller. The forms should then be forwarded to the regions! time input processor.Do not process a "REVISED" Time Report for per diem corrections.

L. Possible Inconsistencies between Time Keeping Policies and Instructions on the Time Report

If there is a possible inconsistency between the Time Keeping Policies and the instructions printed on the Time Report,the Time Keeping Policies will take precedence. If the Time Keeping Policies are silent on an instruction stated onthe Time Report, the Time Report instruction as stated is valid.

AR3I2065

i.*f

1 1% ***£ fl

BtJSS

•E 5:3 3C ~"* £.O£.

P|,I3i fcI c*

*_ Ct

Sg-z11

* • • •

8^Z •fill

OS*

,ja B. £ g E| •? sx § ar. I -f

1

'

i

•

a?

•sraom

1

*•

I«*

i~

I**

!-!*»!-i

i

•

A**

—

jssr

—

J

—

y>

—

^^

t

AdaO.Ulr.tio-.

H

tn

j

^

JSI

iis*

iisn

f

I

I

S

*

O

JO

O

JO

O

90

O

JO

O

»

0

JO

0

'!•>p

' *v •.£ •

i

i

I:^

ig

s?a.

-a

-

i

r*

*«s*2

i

i•BLOYEE

NAME

EMPLOYEE

*O

8

izn

H8zK

g

i1oAIf""{" ?£Mr i^5*

1 D

C*3 1S ii

Nfl^ j

( Vv ^ H

SH

'OooCM

Cor

ir s

OHM Corporation


Heading Time Reporting x ^ Section Labor Charging PracticesS~r~>4f £/ ——Approved By: T X l " ^ Policy No. 6.02___________

Supersedes 6.02 Dated 07/03/94^

Effective Date 01/01/95 Page 1 of 12

A. Purpose

The purpose of this section is to set forth the Company's guidelines and employee responsibilities for proper andaccurate labor charging.

B. Policy

L It is the Company's policy to consistently and accurately record sll labor ehsrges for direet and mdireesactivities.

2. It is the Company's policy to comply with the labor charging regulations set forth in the Federal AcquisitionF sgulation (FAR) which requires consistent and accurate labor charging practices.

C. Definitions

1. Direct labor is labor which can be identified specifically and regularly with work identification (ID) codes01 - Project Time, 02 • Project Time (Br Air), 21 - Bid & Proposal, 27 - Research &. Development, and 28 •Asset Under Construction.

2. Indirect labor is labor time which cannot be identified specifically and regularly with a single final costobjective. Indirect labor includes all other work identification (ID) codes not listed above in Direct Labor.

3. Cost Accounting Standard 402, is the portion of the Federal Acquisition Regulation which states that anycosts, employee time in this instance, incurred for the same purpose in like circumstances are to be charged asdirect costs only or indirect costs only to final cost objectives. This requires employees to consistently chargetime to work ID codes on their Time Report for direct or indirect activities performed.

4. Change Order, as used in the context of this Policy, is a request for a contract modification by OHM to ourGovernment or commercial clients as a result of changes in site conditions, changes in project scope, or a clientdirected change.

AR3I2067

Heading Time Reporting ____ • Section f bor

Policy No. 6.02 _____________ Effective Date 01/01/95 Page

5. Claim, as used in the context of this Policy and as defined in FAR 33.201, is a written demand cr assertionby OHM, as a matter of right, for the payment of money, adjustment of contract terms or other relief relatingto the contract. Generally, a claim is a change in work/scope that the Government or commercial client doesnot recognize.

D. Indirect Labor

1. Certain job classifications or functions are indirect in nature because employee's time when performing theirnormal job duties cannot be specifically and regularly identified with work identification (ID) codes 01 - ProjectTime, 02 • Project Time (Br Air), 21 - Bid & Proposal, 27 - Research & Development, and 28 • Asset UnderConstruction.

2. Indirect labor classifications or functions include, but are not limited to:

Indirect Labor Classification or Function

Administrative or office responsibilities Maintenance of OHM equipmentAirport shuttle transportation PilotCommercial & Government billings Resource managementCorporate records retention management Sales or marketing activitiesFinancial/cost accounting Secretarial 9? denes! supportGeneral staff meetings Training or attendance at sentencesHuman resources activities

A complete listing of indirect labor classifications is maintained in the Human Resources Salary AdministrationManual.

3. Employees performing indirect labor functions must charge their time on Time Reports to administration orother indirect work ID codes and cannot charge time to project, bid & proposal, research St. development or

m assets under construction activities, except as provided for in [D.4J and [DJ] below.

4. Employees assigned to G&A departments per OHM's Disclosure Statement are required to charge their timeto asset under construction activities when their planning, procurement, supervisory and other significant effortsare identifiable to the activity. See [G.21] below. -

5. Employees assigned to indirect labor functions may charge their time to a specific Mentor-Protege projectnumber when their work activities involve assistance to a Protege firm. See [G.22] below.

E. Direct Labor

1. Many job classifications or functions are direct in nature because the employee's time can specifically andregularly be identified with a single final cost objective.

2. Direct labor classifications or functions include, but are not limited to:

AR3I2068

Heading Time Reporting_________ Section \ jhor Charging Practices

Policy No. £02_____________ Effective Date 01/01/95 Page 3_of 12

Direct Labor Classification or Function

Buyer Project accountant (PA)CAD CAM operator Project controllerCarpenter Project manager (PM)•Chemist, engineer, scientist Project supervisor, superintendentContract accountant Proposal managerContract administrator Recovery technician, lead recovery tech.Cost estimator Senior project chemist, engineer, scientistElectrician . Senior project managerEquipment operator/specialist Subcontract administratorExplosive specialist T&D coordinator, assistant T&D coordHealth & safety - certified hygienist Team leaderHealth & safety - specialist Technical editorIncinerator operator, foreman, supervisor TechnicianProgram management Truck driverProject scheduling Welder/fabricatorProject chemist, engineer, scientist Word processor

A complete listing of direst labor classifications is maintained in the Human Resources Salary AdministrationManual

3. Employees performing direct labor functions eaarge £h@i? time on Time Reports to either projeefc, bid &proposal, research & development or assets under construction activities. When an employee that normallycharges direct, is not performing direct labor functions, the employee must charge their time to administrationor other indirect work ID codes on their Time Report

4. All direct labor hours must be charged consistently from project to project regardless of whether or not the timehas been included in the project estimate.

F. Mischarging of Labor Time

Any intentional mischarging of direct or indirect time is prohibited and can result in either employee termination, civilor criminal penalties, imprisonment of offenders/officials and/or debarment of the Company from selling to thegovernment

G. Directives for Selected Labor Activities

1. Project ManagementThe project manager b accountable and responsible for technical execution of the scope of work, schedule, andcost On-site and off-she time spent performing management and administrative functions related to a specificproject are charged direct to the project on the employee's Time Report Direct project management activitiesinclude, but are not limited to:

AR3I2069

Heading Time Reporting ________ _ Section T_jbor Q«gT>ng

Policy No. 6.02 ______________ Effective Date n^/ni/95 Page 4_of 12

a. Organizing, coordinating and scheduling project site activitiesb. Defining project work scopec. Planning project executions (e.g. analysts of work breakdown structure, analysis of critical path,

commitment of resources, identification of potential operational issues)d. Project analysis activities such as reviewing project costs, schedules and other performance«- reportse. Monitoring and control of project schedule and costsf. Close coordination and communication with client and regulatory agenciesg. Quality control of the technical and administrative aspects of the projecth. Direction, monitoring, and coordination of project subcontractorsi. Submission of final project reportsj. Initiation and response to work scope changes

Time spent performing administrative duties not related to a specific project are charged to administration onthe employee's Time Report.

2. Program ManagementProgram management efforts which encompass all managerial, financial, administrative and clerical functionsnecessary to support and track performance of individual delivery orders under a multi-year, indefinitedelivery/indefinite quantity contract are considered direct project costs and are charged direct to the programmanagement office (PMO) project or delivery order project depending on the terms of the contract Theseactivities include, but §re aot limited to:

a. Defining resource requirements, scoping project, assigning staff, and preparing outline ofdocuments required

b. Maintaining communication and coordination with the client, including reporting to the clientc. Ensuring that personnel, equipment, and materials are available within the response time limits

specified in the contractd. Maintaining a project accounting of all costs incurred in accordance with contract reporting

requirements, and controlling costs at all levels of worke. Reviewing delivery order costs, schedules and other performance reportsf. Completing special reports or studies requested by the clientg. Developing, implementing and managing a contract quality assurance program for the clienth. Providing overall coordination and oversight of the contract and resolving any problems that may

occuri. Compiling and submitting mandatory reports on a daily, monthly, quarterly, semiannual, and

annual basis as required by the contract

Time spent performing administrative duties not related to the contract are charged to administration on theemployee's Time Report

flR31207G'

Heading Time Reporting_________ Section ]L«bor Charging Practices

Policy No. 6.02______________ Effective Date 01/01/95 _ Page j_of 12

3. Subcontract AdministratorThe subcontract administrator procures services or supplies for projects. The subcontract administrator reviewsrequisitions for compliance with OHM procurement policies and proper approvals, identifies sources of supplies,solicits quotations, and makes purchase decisions. The subcontract administrator negotiates terms and conditionsof subcontracted services, coordinates subcontractor compliance with prime contract fiowdowns (e.g. certifiedpayrolls, small business utilization plans), maintains certificates of insurance on subcontractors, and assistsproject management in management and scheduling of subcontractors.

Those efforts to identify, solicit, and issue subcontracts or purchase orders to procure services or supplies fora project, bid & proposal, research & development, or asset under construction activity are charged direct tothe activity on the employee's Time Report. When the services or supplies being procured are for department(overhead) use, the time is charged to administration on the employee's Time Report

Direct subcontract administration activities include, but are not limited to:

a. Review prime contract with Contract Administrator and develop appropriate flow downs tosuppliers and subcontractors

b. Assist Estimating in obtaining quotes for pricing a request for proposal (RFP)c. Participate in project "kickoff' meetingd. Review project requirements and develop project buy-out targets with program and/or project

manager. Btsy~aut targets will inehsde setting SB/SDB paxi.mps.tion goalse. During presward phase of project, participate with the project team is, "is&ke-sr-buy" jplaoiiiag.

After award, implement the "make-or-buy" plan with she project teamf. Receive and prioritize project requisitionsg. Determine sources for the procurement Check OHM's vendor database, Procurement Automated

Source System (PASS) for qualified subcontractors. Check Debarred Listh. Prepare and send to prospective vendors Requests for Proposals (RFP) and Request for

Quotations (RFQ) in support of requisitions for project procurementi. Receive and evaluate vendor response to RFP or RFQ for compliance with specifications, terms

and conditions, and establish the competitive range for the procurement Verify all requiredcertifications and representations required have been received with vendor response

j. Prepare evaluation documentation to support source selection. Documentation will includesources sought, evaluation of bids received, price analysis, negotiate with subcontractor to obtainmost favorable terms, pricing and delivery, and when required, obtain Contracting Officer'sconsent When award is non-competitive, perform cost analysis and prepare documentationsupporting non-competitive award

k. Issue subcontract to successful bidderI. Receive executed subcontract documents (eg, bonds, certificate of insurance, certifications)m. Notify unsuccessful biddersn. Conduct postaward conference with successful offerero. Assist operations personnel with expediting the procurement of goods or servicesp. Assist subcontractor with invoicing issuesq. Receive, review and advise subcontractor on required subcontracting plansr. Monitor and report subcontractor's progress on subcontracting goalss. Monitor subcontractor compliance with contract terms and conditions. Receive and transmit to

client, subcontractor certified payrolls on projects subject to the Davis-Bacon Act (DBA)t Obtain subcontractor evaluation from project manager

BR3I2071

Heading Time Reporting_________ Section y^bor Charging Practices___________

Policy No. 6.02 ___________ Effective Date 01/D1/9S __ Page 6_ of J2

u. Close out subcontract

4. Contract AdministrationThe contract administrator implements, coordinates, and carries out contract and government propertyadministration activities to obtain and administer government contracts, or contracts with other primeGovernment contractors and teaming agreements with team members in accordance with Company businessobjectives and policies. The contract administrator advises the manager of contract administration, regionaldirector of contract administration, program managers, and project managers as to the necessary actions, recordkeeping, reporting, and other activities required to assure compliance with contract, teaming agreements,statutory, regulatory, and sound business practices. Interfaces with the OHM customer's procurement andgovernment property administration personnel in bidding, administering, and closing out contracts. Seeks toensure that OHM fulfills all of its contractual obligations to Government customers.

Contract administration hours spent performing the following activities are considered direct and are chargeddirect to project, bid & proposal, research & development, or asset under construction activities on theemployee's Time Report These activities include, but are not limited to:

a. Review, participate in negotiations and administer proposed contracts, delivery orders,modifications, and related contract documents and matters (e.g., clauses, equitable adjustments,memorandums of understanding, etc.)

b. Advise program/project managers and issue guidance ss to contract, FAR, &. related requirementsc. Advise program/project managers as to contract implementation and other contract management

tactics and strategiesd. Prepare and submit all contractual and most program correspondencee. Coordinate and expedite timely response to action items required by the customer and responses

due from the customer£ Prepare and submit contractually required data, including applicable items required by the

contract data requirements list (CDRL)g. Plan, implement, and executea contract/projectspecificproperty managementprogram to comply

with the requirements of FAR Part 45 and/or the contract specific requirementsh. Coordinate and submit responses to customer directed contract changesi. Perform contract closeout actions required by the contract and internal OHM proceduresj. Implement and maintain a system of contract files, correspondence, data deliverables, negotiation

records, electronic transmissions, meeting minutes, and other contract related information anddocumentation

k. Participate in periodic and random status meetings or program reviews for internal and customerneeds including travel to customer facilities and project sites

1. Administer contract security requirementsm. Advise project managers, audit applicable certified payroll requirements, review, and submit

certified payrollsn. Develop program and project business plans and training programso. Conduct training on contract required practices

AR312072

Heading Time Reporting________ Section «bor Chafing Practices

Policy Ko. 6.02_____________ Effective Date 01/01/95 __ Page JLofJ2_

5, Staff AttorneyWhen contract administration duties are being performed for commercial, state and local government, or FederalGovernment contracts as defined in the Contract Administration position above, those efforts are charged directto die project or bid & proposal activity on the employee's Time Report.

When a ease or contract being reviewed is for departmental (overhead) purposes, those efforts are charged toadministration on the employee's Time Report. Efforts of a strictly legal nature are also charged toadministration on the employee's Time Report. This includes time spent by an attorney in support of changeproposals, requests for equitable adjustment, claims and litigation support Time spent analyzing proposals andcontracts and conferring with various department heads to detect ambiguities in the contractual documents,inaccurate contractual statements, omissions of essential terms, and conflicts with possible legal prohibitionsis also charged to administration on the employee's Time Report.

6. Technical and EngineeringResearch, evaluation or development of technical solutions for projects is a direct labor function and are chargeddirect to the project on the employee's Time Report. These services include developing project plans, definingproject scope, providing direct technical support and performing technical project work.

7. Health and SafetyThe development of contract and project specific health and safety plans is a direct labor function and arecharged direct io the project on the employee's Time Report. Site visits to assist in the development of the sitesafety plan are also considered direct.

The following activities performed to administer the Company's health and safety program as required byOSHA are considered indirect functions and are charged to administration on the employee's Time Report:

a. Verification of OSHA regulatory compliancefa. Safety training (not project specific)c. Maintenance of OSHA accident investigation recordsd. Establishment of Company safety procedures and protocole. Medical surveillance program (not project specific)f. Promotion of health and safety within the Company through the use of safety awareness programs

and safety award programsg. Evaluation of safety statisticsh. Accident managementi. Worker's compensation management

8. Quality Assurance/Quality ControlQuality Assurance/Quality Control b an integrated program developed to assure the quality of the Company'swork. The QA/QC plan includes overall policies, organizational objectives, and specific functionalresponsibilities and procedures. Following is the charging practice for QA/QC labor time:

a. The development, implementation and management of the Company's QA/QC plan is an indirectlabor function and is charged to administration on the employee's Time Report

b. The development, implementation and management of contract and project specific QA/QC plansis a direct labor function and is charged to projects on the employee's time Report

AR3I2073

Heading Time Reporting________ Section fjhnr cpttrplne Practices

Policy No. 6.02_____________ Effective Date oi/oi/9S Page g_of 12

9. Technical Editors, Word Processors, and SecretariesThe generation of project specific reports by technical editors and word processors is considered a direct laborfunction and is charged direct to projects on the employee's Time Report This includes typing, editing andwriting of required project specific technical, analytical, engineering or regulatory reports.

Secretarial support such as answering telephones, taking messages, and typing correspondences and non-projectspecific reports is considered an indirect labor function and is charged as administration on the employee's TimeReport

10. Report PreparationTime spent writing, typing and editing client requested or contract required reports such as engineering studies,technical studies, chemical treatability studies, biodegradation studies, analytical results and site health & safetyplans are direct labor functions and are charged direct to projects on the employee's Time Report

II. Equipment MaintenanceMaintenance shop personnel routinely perform repairs and maintenance on Company equipment located at aproject site. This does not make their labor effort a direct labor function. Maintenance work performed onCompany equipment is an indirect function and is charged as equipment maintenance on the employee's TuneReport. This time is also captured on Work Orders unless the maintenance is extraordinary in nature, as definedin the OHM Repair and Maintenance Guidelines Manual.

Extraordinary maintenance, not the result of OHM negligence, is considered a direct labor function and suchlabor time and associated costs is charged direct to the project.

Maintenance work on rental equipment is a direct labor function and such labor time and associated costs ischarged direct to the project.

12. Loading and Unloading of Materials and EquipmentLoading and unloading of materials and equipment at the project site is considered a direct labor function andshould be charged as project time on the employee's Time Report

Loading and unloading of materials and equipment at regional or divisional shop locations is charged indirectto administration on the employee's time report When employees, who perform direct labor functions, areloading and unloading materials and equipment at a regional or divisional shop as part of their mobilization QJdemooilization efforts, the employees charge their time direct to the project on their time report

13. Resource ManagementResource management personnel spend the majority of their time supporting the operations of projects. Toaccurately track this time to specific projects would be administratively cumbersome. Resource managementdoes not participate in the direct operations of the projects themselves. Therefore, resource management isconsidered an indirect labor function and is charged as administration on the employee's Time Report

AR3I207I4

Heading Time Reporting________ Section Labor Charging Practices

Policy No. 6.02__________' Effective Date ni/oi/QS Page

14. PurchasingThe Buyer procures goods and services, expedites delivery, negotiates prices and troubleshootssupplier/subcontractor disputes. The Buyer also reviews requisitions for compliance with OHM procurementpolicies and proper approvals, identifies sources of supplies, solicits quotations and makes purchase decisions.

Those efforts to identify, solicit and issue purchase orders to procure supplies or services for a project, bid &proposal, research & development, or asset under construction activity are charged direct to the activity on theemployee's Time Report When the supplies or services being procured are for department (overhead) use, thetime is charged to administration on the employee's Time Report

Direct buyer activities include, but are not limited to:

a. Review prime contract with Contract Administrator and develop appropriate flow downs tosuppliers and subcontractors

b. Assist Estimating in obtaining quotes for pricing a proposal.c. Participate in project "kickoff" meetingd. Review project requirements and develop project buy-out targets with project manager. Buy-out

targets will include setting SB/SDB participation goalse. During preaward phase of project, participate with the project team and Resource Management

in "make-or-buy" planning. After award, implement the "make-or-buy" plan with the projectJeam.

f. Receive and prioritize project requisitionsg. Determine sources for the procurement Check OHM's vendor database,, Procurement Automated

Source System (PASS) for qualified supplier/subcontractors. Check Debarred Listh. Prepare and send to prospective vendors Requests for Proposals (RFP) and Request for

Quotations (RFQ) in support of requisitions for project procurementi.. Receive and evaluate vendor response to RFP or RFQ for compliance with specifications, terms

and conditions, and establish the competitive range for the procurement Verify all certificationsand representations required have been received with vendor response

j. Prepare evaluation documentation to support source selection. Documentation will includesources sought, evaluation of bids received, price analysis, negotiate with supplier/subcontractorto obtain most favorable terms, pricing and delivery, and when required, obtain Contracting

. Officer's consent When award is non-competitive, perform cost analysis and preparedocumentation supporting non-competitive award

k. Issue purchase order to successful bidder1. Notify unsuccessful biddersm. Assist operations personnel with expediting the procurement of goods or servicesn. Assist supplier/subcontractor with billing and payment issueso. Obtain vendor evaluation from project managerp. Close out purchase order

Sourcing and low-value procurement activities performed by the Site Administrator (SA), usually a projectaccountant, are also considered direct labor functions and are charged direct to the project on the employee'sTime Report.

T&D coordination and the sourcing of T & D services are directly identifiable to specific projects and arecharged direct to the project on the employee's Time Report.

AR3I2075

Heading Time Reporting Section I bor Purging Practices

Policy No. 6.02 ____________ Effective Date pi/01/95.._ Page ,10 of 12

IS. AccountingThe financial accounting function performed at regional and divisional offices includes activities performed byaccountants, accounts receivable clerks, accounts payable clerks and payroll clerks. The efforts to preparebillings, perform audits, report financial results and participate in collection activities are all included in thisfunction. All time performing mis function is considered an indirect labor function and is charged asadministration on the employee's Time Report

The financial and cost accounting functions performed at the corporate office include activities performed byaccountants, accounts payable clerks and payroll clerks. The efforts to prepare account reconciliations, reportinternal and external financial results, review for unallowable indirect costs, and prepare indirect cost ratepackages are all included in this function. All time performing this function is considered an indirect laborfunction and is charged as administration on the employee's Time Report

The project scheduling and accounting functions performed usually at project sites include activities performedby project controllers, project accountants, SA or project clerks. The efforts to record, monitor, control andreport project costs and schedule are all included in this function. All time performing this function is directlyidentifiable to the specific project and is charged direct to the project on the employee's Time Report.

The project scheduling and accounting functions performed at regional or divisional offices specifically for amulti-year, indefinite quantity contract b usually performed by contract accountants. The efforts to record,monkort control and report project costs and schedule isader aa indefinite quantity contract are deluded m thisfunction. All time performing this function b directly identifiable to specific projects or program managementoffice (PMO) and b charged direct to the project on the employee's Time Report

16. Client Community RelationsOHM provides site-specific client community relations services which are developed and implemented toeliminate or minimize the potential for delays in project start-up and implementation. These services includecommunity and regulatory research, strategic project planning, plan preparationand implementation, preparationof project newsletters, project brochures, project audio visuals, project flyers, project video tapes, organizationand conduct of community meetings, public presentations, project tours, monitoring of public opinion,coordination of project media relations activities, and report and plan preparation in accordance with theSuperfund program for projects conducted under the authority of CERCLA as amended by SARA. AH timeperforming client community relations b identifiable to the specific project and b charged direct to the projecton the employee's Time Report

17. Sales and MarketingSales and marketing activities are indirect in nature and are charged to administration on the employee's TimeReport These activities include:

a. Establishing and supporting a market strategyb. Establishing a customer contact planc. Liaison with customerd. Seeking out customer requirementse. Selling Company capability, expertise and product lines to a specific customer, including

providing engineering technical expertise and support in connection with a marketing presentationto a potential customer

AR3I2076 ..-

Heading Time Reporting Section Labor Charging Practices

Policy No. £02_______—————— Effective Date Qf/01/95 Page IL_of_2.

18. Bid & ProposalOnly employees who perform direct labor functions, as defined in thb Policy, can charge their time to a specificbid & proposal activity when their work activities are for preparing, supporting or submitting documentationto a client for the purpose of proposing on a contract. Indirect employees cannot charge their time to bid'&proposal activities. Bid & proposal time will generally meet at least one of the following criteria:

a. Technical effort to support a bid or proposal submissionb. Project management effort to support a bid or proposal submissionc. Actual preparation of the bid or proposal cost and technical documentation and other materialsd. Developing and publishing the scope of work and cost estimate data for a bid or proposale. Responding to and preparing materials in response to questions about a bid or proposalf. Negotiations or support of negotiations for a new contract

Bid & proposal efforts required in the performance of an existing contract are considered a direct cost andshould be charged direct to the project on the employee's Time Report This includes, but b not limited to,estimates for initial delivery orders, client directed change orders, changes of site conditions and changes ofproject scope.

Pre-delivery order labor charges incurred in anticipation of the issuance of a delivery order are also considereddirect project costs and are charged direct to the project on the employee's Time Report Examples of pre-delivery order costs are:

a. Site visitsb. Sampling and analysisc. Specific project plan development, such as a work plan, health & safety plan, sampling &

analytical plan, and QA/QC plan

19. Contract NegotiationsNegotiations or support of negotiations, by employees who perform direct labor functions, are charged directto projects or bid & proposal activities on the employee's Time Report Negotiations of client delivery ordersand change orders to an existing contract, subcontract delivery orders and change orders (when OHM b asubcontractor to a prime Government contractor) are charged direct to the project on the employee's TimeReport. Negotiations for purposes of securing a new contract or new subcontract are charged direct to the bid& proposal activity on the employee's Time Report

Similarly, negotiations or support of negotiations related to vendor purchase orders and change orders, vendorsubcontracts and change orders are charged direct to projects in the purchase order/subcontract award phase andto bid & proposal activities in the estimating phase.

Negotiations or support of negotiations, by employees who perform indirect labor functions, are charged toadministration on the employee's Time Report

Negotiations and support of negotiations includes travel time, fact finding, meetings, any related presentations,analysis and preparation of negotiation notes.

AR3I2077

Heading Time Reporting________ Section I -bor Cb««T*ng Practices________

Policy No. 6.02______________ Effective Date ni/p|/95 Page J2_ofJ2_

20. Research & DevelopmentOnly employees who perform direct labor functions charge their time to a research & development activity ontheir Time Report when their work activities are specifically related to a Company sponsored research &development activity which b not funded under or required by a contract Research & development activitiesconsist of basic research, applied research, development, systems and other concept formulation studies asdefinedjn Part 31 of the Federal Acquisition Regulation.

21. Assets Under ConstructionEmployees who perform direct labor functions charge their time to an asset under construction activity whentheir work activities are specifically related to the construction, modification or development of a capital assetof the Company.

Employees, whose salaries are regularly charged to OHM's General & Administrative (G& A") cost pool, chargetheir planning, procurement, supervisory and other significant efforts to assets under constrection when suchtime b identifiable to that activity and b material in amount This includes MIS personnel involved in thedevelopment of OHM software and the implementation of purchased software.

22. Mentor-Protege ProgramA Mentor-Protege Program b established to provide incentives to major Government contractors to assist smalldisadvantaged businesses (SDBs) in enhancing their capabilities to satisfy Government contract requirementsand to increase the overall participation of SDBs as subcontractors and suppliers under Government contracts.

Any employee, whether classified ss direct or indirect, may charge shezr time so s specific Mentor-Protegeproject number when their work activities involve assistance to a Protege firni. Assistance includes generalbusiness management such as organizational management, financial management, personnel managementmarketing, business development, and overall business planning. Assistance also includes engineering andtechnical matters such as production inventory control, quality assurance; and any other assistance designedto develop the capabilities of the protege firm under the development program. However, only those employeesperforming direct labor functions can charge their time direct to a Mentor-Protege bid & proposal activity.

AR3I2078


PROFIT SHARING AND VOLUNTARY INVESTMENT

AR3I2079

OHM Corporation

OHM Corporation 401(k) Retirement Savings Plan

EEgjbffity Employees (mdvft"g temporary employees) of OHM, and its subsidiaries whichadopt the Flan, become eligible to participate in the plan on the Enrollment Datefollowing the date the employee both attains age 21 and completes 1 (one) year ofservice. A year of service is a twelve month period, beginning on an employee'sdate of hire, in which the employee completes at least IflOQ noun of service.

EnroDnieiit dates are January 1, April I, July 1, f* October L

Employee BEFORE-TAX Savings: Elect to contribute op to 15% of your compensationto the Flan in increments of 1% subject to maximum contribution fonfo imposed by$i* ZRS and

AFTER-TAX Savings: Elect to contribute 1% to 15% of your compensation to the

Before-tax Savings and After-tax Savings combined cannot go over 15%.

Payroll deductions each pay period.

° OHM Cosmos Sjesk Faad u laccae Ftsad° Ssods HazkeS Gff9W& Faad ° Balasesd CoasemSive

Company Immediately upon entering the Plan, company contributions are 30% of the first 2%Contributions of compensation aad 50% of the sett 4% of compensation contributed to the plan

as a Befbre-Tax contribution. The amount of company contribution will beannounced each year after approval by the Board of Directors.

Vesting Employees become vested 100% after 2 (two) years of service.

Statement of Statement of Accounts are issued quarterly as of December 31,Accounts March 31, June 30, and September 30.

n«»g™g Submit an Enrollment and Change Form to the Human ResourcesContributions Department no later than December 15, March 15, June 15, and *or Investment September 15.Options

Suspending ' Contributions can be stopped when the Election to Suspend ContributionsContributions form b submitted to the Human Resources Department at least 15 days prior to

any month for which you want to stop contributions. Contributions can be resumedby submitting an Enrollment and Change Form no later than December 15, March.15, June 15, aad September 15.

and Vsum* and withdrawals win be administered according to the Flan provisionsWithdrawals and in accordance with IRS requirements.

For specific questions, contact Corporate Human Resources

AR 3 I 2080

The OHM Retirement Savings PlanEnrollment and Change Form_________ OHM CorporationComplete all appropriaa sections of this form and send all copies to the Human Resources Department.

D New Enrollment (Complex sections A, B, C, D, and E) Effective Date _______

O Change (check the appropriate box(es) below):D Savings contribution amount (complete sections A, B, and D)D Investment election, (complete sections A, C, and D)O Beneficiary change (complete sections A and E)

All elections wQl be effective on the next January 1, April 1, July 1 or October 1 after receiving this form.All forms must be received no later than the 15th day of the month before the effective date (December 15,March 15, June IS and September 15)__________________________________

A. General InformationName: __________________.______ SS#: _______________Address: __,______________________ Date of Hire:._______________________________ Date of Birth:Company:.____________»___

B. ContributionsYour savings must be from 1% to IS% in 1% increments. Your before-tcts and

may ami ta&sl mare &wi 15%. Indicate beiow &e pgreeazige you waafc so eossitee:

I iites to save %. Not to exceed 39,240 for 1994.

2. Aftertax Savings. I elect to save ______%

C. Investment FundsYou can invest in one fund or in all five funds in increments of 5% .

Future Contributions Existin SavinsI elect my future contributionsbe directed as shown below:

% Stable Value Fund% Balanced Fund% Equity Index Fund% Aggressive Growth Fund% OHM Common Stock Fund

100% Total

I elect to reallocate my existingaccount balances as follows: __

% Stable Value Fund " "~% Balanced Fund

, ...... _ % Equity Index Fund% Aggressive Growth Fund% OHM Common Stock Fund

100% Total

D. AuthorizationI authorize the Company to implement these elections and any necessary payroll deductions. I

(understand these elections will remain in place until I elect otherwise. I also agree to be bound by theterms of the Plan.

Please complete Section E Beneficiary Designation On Reverse Side

cocc.

£. Beneficiary DesignationName:._________________________ SS#: _

I hereby designate me following penon(s) as my beneficiary(ies) to receive any benefits due after mydeath according to die terms and conditions of the Plan. I reserve die right to change this designationwith the understanding that this designation, and any change thereof, will be effective only upondelivery to the Plan Administrator. The benefit wfll be paid to my primary beneficiary or beneficiariesif living. Benefits wfll be paid to my secondary beneficiary only if none of my primary beneficiariesare living.

Note: By law, your spouse wSl automatically be your beiufidary unless your spouse waives his orher right to the benefits.

A* Primary BeneficiaryName of Date of Social Security % Payable

Beneficiary Relationship Birth Number if Living

_________ Spouse* _______ ___________ ________

B. Secondary BeneficiaryName of Date of Social Security % Payable

SelaaoBsMp Bish Numbe? if Llviag

The execution of mis form and delivery thereof to the Flan Administrator revokes all prior designationsthat I have made.

Signature of Employee __________________ Date Form is Signed,

* The following Affidavit must be completed if you are married and have named someone inaddition to or other than your spouse as Primary Beneficiary.

C. Spousal Waiver

. hereby sta» mat I am the spouse of ___________________ who is aParticipant in the OHM Retirement Savings Plan. I understand that I am entitled to the benefitsaccruing to my Spouse in the event of his/her death, and, with full knowledge thereof, Iunconditionally revoke my rights thereto in favor of the beneficiary set forth above. I intend for this tobe a legally binding and enforceable waiver of any rights which I might possess as Beneficiary in theOHM Retirement Savings Plan.

Signature of Employee's Spouse _____________ County of ___ State of.

On this, the ___ day of _____, 199_, before me, personally appeared ___________. whoacknowledged himself/herself to be the spouse of ________ and that he/she executed theforegoing by his/her own band.

Notary Public___________________ AR 3 12082

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES________

REIMBURSABLE EXPENSES

AR3I2083

OHM CarporaLion


Heading Busin«s Expense Reporting Section Busin«s Expense Resorts

Approved By: f /f ~>>?3*&**&£>&1 Policy No. 5.01____________

-*—— Supersedes 12.01_____ Dated 04/01/90

\\,\*JBXZJ~~*S Effective August 1994 page 1 of A

A. Purpose

The purpose of this section is to set forth the Company's guidelines for the preparation and submittal of BusinessExpense Reports by employees.

B. Policy

1. It is the policy of the Compaay to reimburse employees for all reasonable aad aesessary expenses incurredin the active conduct of the Company's business. Therefore, "lavish or extravagant0 sad aoa-businessexpenses will not be paid for or reimbursed to employees who incur such expenditures.

2. It is the policy of the Company to comply with the Internal Revenue Service regulations for the documentationand substantiation of business expenses incurred by employees.

C. Definitions

1. "BER" is the abbreviation used throughout this section and the g""""* to describe the Company's BusinessExpense Report form. See Attachment A for an example of this form.

2. Billafale Expenses are those direct project expenses that should be billed to our client.

3. NonbUlable Expenses are those direct project expenses that should not be billed to our client. Departmentaloverhead expenses are also recorded on this lice.

D. Frequency of Submission and Approvals Required

I. The Company must have accurate and timely accounting for all expenses incurred by employees to ensure thatclients are properly billed for such expenses. As such, approved BER's must be received by the regional BERprocessor within fourteen (14) calendar days after the end of the week in which the business expenses wereincurred. The employee will be considered late in submission of their BER's thirty (30) days from the dateof the week in which the business expenses were incurred.

AR312081* -

Heading Business Expense Reporting ____ Section Businea Expense Reports ____

Policy No. S.01 __________________ Effective umist T99* _ Page _2_ of 4

2, All expense reports must be submitted directly to the employee's immediate supervisor for review, audit andapproval. The immediate supervisor may be a department manager, division manager or project manager.The employee's supervisor will forward approved Business Expense Reports to the regional BER processorfor processing and payment.

3. Additional approval signatures are required for BERs that are not submitted timely as follows:

BERs submitted to the regional BER processor more than forty-five (45) calendar days after the end of theweek in which the business expenses were incurred:

A. Project manager (when BERs include project expenses) andB. Regional controller (for both project and departmental expenses)

E. Reference To Other Policies

1. When completing the BER, employees should review the appropriate sections in this manual for the type ofexpenditure they are submitting for reimbursement in their BER.

2. Employees are required to adhere to the policies and procedures of the Company presented in this Manual oris. any other policies or procedures manual or meszorasdusa such as She Hunaa_Reso.urees,.PoJieies_andProcedures,JManual. Proper approvals must always be obtained m secoitisase wisfe sada policies andprocedures.

F. Completing Business Expense Reports

1. All BER's are to be completed in ink, approved, and submitted to the employee's regional BER processor.

2. The reporting week for a BER ends on Saturday. All receipts included in a BER must be for the recordedweek ending. Do not include receipts for a previous week ending. Complete another BER for those receipts.

3. Employees should retain copies of their business expense reports for their records.

4. The departure and return times to an employee's home or office are to be recorded at the top of the BER.

5. Employees with expenses charged to projects, bid Si proposals, assets under construction, or research &.development activities should indicate the project number at the top of the expense report.

6. Employees with only departmental overhead expenses should not indicate any project number at the top of thebusiness expense report and should record the expenses in the nonbillable sections.

7. If an employee works on multiple projects during one day, complete one business expense report for eachproject

8. Relocation expenses must be submitted on a separate business expense report. These expenses should beforwarded directly to the corporate human resources department for additional approvals.

AR312085

Heading Business flxpense Reporting Section Busing? Expense Reorts

"'olicy No. ' 5.01____________________ Effective August 1994 Page Jf_ of 4

9. Alcoholic beverages may be purchased as part of a business meal and reported on a BER, however, alcoholis an unallowed expense for government contractors and the alcohol portion of the business meal must berecorded on the Entertainment line No. 4.

10. Documentation, in the form of original ixrroices, receipts, etc., must be submitted with eicfa expenditure(except for per diem allowances and vehicle allowances) for which an employee is requesting reimbursementin the BER. See Section 5.02, DOCUMENTATION FOR EMPLOYEE PURCHASES.

11. For cash or personal credit card expenses, the following requirements apply:

a. For each expense to be charged to a project, indicate the appropriate project number and "B" or "N"for billable or nonbillable on the receipt.

b. Project expenses to be billed to a client must be included in the envelope marked 'Billable.*

12. Sum the dollar amounts for each expense category and place the total in the appropriate rows and columns onthe BER.

13. The Business Fund Summary at the bottom of the BER is to be completed by the employee, regardless of theamount of Company funds issued to the employee.

14. Employees must include the purpose of their trip v/hea Srsveliag is Jhe conduct of Company business on theback of the BER. This must be completed to comply with IRS regulations and government contracting.

15. Additional guidelines for completion of the BER can be found on the back of the BER form(Attachment A).

16. Sign the BER in the employee signature block in ink.

G. Audit Responsibility of Immediate Supervisor

1. The employee's immediate supervisor is responsible for approving their employee's BERs within'five (5)working days of receiving a report.

• 2. The supervisor's approval should only be made after a close examination of the BER has been conducted. Thesupervisor may perform this 'audit* or may designate another employee to perform the audit under his or hersupervision. The audit must be performed in accordance with the Company's BER Audit Guidelines(Attachment B). These audit guidelines have been designed to assist the supervisor in his or her responsibilityto ensure that the expenses submitted in the BER are in compliance with the Company's policies and are properand necessary business expenses for which an employee should be reimbursed.

H. Signatures and Responsibilities

1. Employee signature - An employee, by signing his or her BER, is acknowledging that the amounts submittedin the BER are proper business expenses and any expenses listed as billable on the face of the BER are projectexpenses which should be reimbursed by our client. In addition, the employee is representing that theinvoices, receipts and other documentation included as support, for the expenditures are original, legitimate andaccurate documentation for the purchases presented to the Company for reimbursement.

AR3I2086

Heading Business Expense Reporting _______ Section Business *?rpensg Reports ____ _.

Policy No. 5.01 ________ - Effective flupist 1994 Page 4 Of 4

2. Auditor signature • To the extent that the employee's BER was audir*** by a person designated by theemployee's supervisor, the auditor is required to sign the BER. The auditor, by his or her signature on theBER. represents that an audit of the BER was performed in accordance with the Company's BER AuditGuidelines (Attachment B). If the supervisor performs the audit of the expense report, he or she must alsosign the auditor signature line.

3. Supervisor signature - A supervisor of an employee submitting a BER is representing, by signing the BER,that he or she has made a thorough review of the expenditures presented in the employee's BER and that suchexpenses appear to be proper business expenses and any expenses listed as billable on the race of the BER areproject expenses which should be reimbursed by our client The supervisor is also representing that he or shehas supervised the performance of the audit requirements described in the Company's BER Audit Guidelines.Expense reports cannot be processed by the regional BER processor without the Supervisor's approval.

AR3I2087

BUSINESS EXPENSE REPORT UtL",£5lS_«A:OKHCvpcnaoi » ^

Tt¥v«l Diys:

DESCRIPTION/DATEHlOIECWOErr

B*uu.7ME

autefe1. LOCO NO

NMtfht-

IStefcfcZ PQt DtEM ALLOWANCES

KMUM.

3. IUSIKESS MEALS

«. fXTSlTAJHMEyT

IJ-Mi3. AJXTXAVH.

N-i>a»>uI0k>.

tOASAXDOU.NatUiiHi

rUXTALCAjU

I. TAXS. TOLLS. PAJ03NC

f . UTliJTEi. TELEPHONE

is. recuECT sumjtsS(to»t3

It. SE.VTE3 B5U1PMEVTfmhainlih

•••n-wuIT FTSCKT AKO KSTACE

rteMkkk

OHM0. X£7AJU AKD MAINTENANCE

tmmi

OHM14. EQLT7MEN7 ?AXT3

JUMl

13. ILITUS • FT

S3kM<

NvkOhMt

IT rHOTOC*A*HY

:LOTKEXtt. VEHICLE ALLOWANCE

TOTAL

IS /M

|

i1

'

1

i BMMBBHB

/T

fcrpon Nuaii

AV /T

t^^ 3» *

/F

1

1/s TOTALS

•-

——

— <

——I

———————————————— 1

CCC

————— c•M

c

p

•3DO13SJ

0cT

I. EMJTJ3YEZ

L AUOITOI

}. JUTEXVlior

EMf»r OATt ' '

fXrr: DATE: ' '

&9t-. DATE: • '

(For Accounting UM Only)

t in i i ) «•«:

EM in 1 1 *•*-•

P I*T: *X*r DATt ' '

"BUSINESS FUND SUMMARYntrvious »ALANCE i - - •>

UIMBUXSC4ENTS 1-)

BUSINESS ADVANCES l-l

BfftHUS THIS UPOKT l-l

CASH (EtvaNES fi

CASH TtANinXS « • «r -1

=

•NSTKUCTIOKS

•MB Tiiktl 11 Tkr -»»-«I"— y" *14 iiIiiHn-4«y. tALANCE. BER «*•"• «*••«« pmn* if to BUSINESS•«•*• *VNDSUUMAXY-«««

. OT«I *qn (tey* OT>qr AM y«r t

_ _ky "!•-)•„ (*** "iki'li ill-n«ii ••. per CM* Tmrfcr f»ri» B«r k« »«'i»-l ftmm r**r nfmml SEK

). AH *«**•«r *?r far MikM* «r

Ttnj ABTF* fa .»u-€ ». C^h >Mmj» . VEVgt imn onrmer m »«n- MB. YM wr>Md mvdoi rt iai: t»»r»tf. aakt tun »i u* M -!•• in «t**(. i *c ckidu mtfc yiyxkk u jtia. """ '——'-:- '—'— " T rinml itjj. u

>nf«T-j

10.

I tk< 4«Jkn MOM • !••> 19 •/ ike rapon.__ . .•$•»til»«r«m•. ••kiBSMMihcTOTAL —m. Cinytt* 1-'— *- —fit —'•*——— • — —' nmnVtrtf

art cxpomw Ik. "CASH EXPENSES' IIM • ** BUSINESS .fm> far «ek *.r'» f en. Yn •!]• m rkin bolt yinml uiFUND SUMMARY MOM- BBt't i-pom will MK b« yi'iind if key «« MI Bii f t art |*t.

IX Eip-i . . . .___ „,.t. >••••• f «^ SOBBMT - Ymr PREVIOUS ENDING BALANCE •MlumfrMi frm-kni tktj irr nrrrirt ti-r«nrn|iiMTTffT pin aiiii If jiu

y-urrro«»CASK ESOLVCBALANCE. Ev«r£XfENSEREIMBURSEMENT in 4w t IUUVIMWW ut km Mt raarnd y«ir ckctt tAcr ••ckaaauBiiyMkcxmmrfaadiriOayOTirkijuec. Eucr My ADVANCES r»iini>li iimiml ff mm -ir»nn ]-irnr n|irml BF? >n«ainiud •_( u j*ur Wuet. Eaicr uy •t>tey« CASK TRANSFERS. AM «r•ukinci *c matter «M«U fna root Ubira Suktnct y«ur euk U»«BM>. U. C_mi Iilnn SIM»»MII • Em»tor«« iniiinm m miliklt fn«Ever *c eooxu •(* mmr? jr*u «n nxna I* *< Mapuy • Ike CASH ywirtctioulBSl pranHcrypoen uan. Tk«M muaaut «tuul til

B TOttSB. KiBkwfMntDU. «Ki tT^IKH JrM k*«« lllkmBl-l

rn> ocfEMSE CATEGORIES

(IS) -riUV ucludi <itpo«iM m rauxl Kju Mamt tocludK Aepotia m NO.

!>'•» ASsvgaoB Q) • X on inr due oilocraiteB far penausl »te are sas.' ^ y»i

«r mud vohicln. lackidM cuiule dur|e for laker tti

•« >«§••» f—tL Do MI npen «r tfcekolk tavmfii • ttu* D* MtBck.lt or ««ka. bctu.toirvMtaihNO.lS. OTKEX.»-.-o» Ibpoft lk« ilr«k«lir kmv«(> |w>MB •( Ik* B • rav 4ESTEKTALSVCEKT. Sm^tH—FT OS) - 0» Mt (teludt rVt cn SvQiflw *r Type 'A*

• •nrj. J«NO.:0. PROJECT SVmj£S«JilNO.U. OTHER.til MMrfmaa^ CO H« «Kt Mnyhu 1lw

far uvotfiora*/ SlOOtad |rmur. ¥•«•*]>•« Otk^fltl- l»ch-tt<l-ioim.«»f w««t«i. Tyyc 'A* a»»i»r)'i««i-rif ymu mutt • •ck«1«rf » A* •uriiiM i BaeM aJl «a«r OP MC ik«i • ••( liMari ih<rn «r y««t tn UBMUT «f tt*

•• «M Iwcr kwk •/ ikeFlirr *« <«IUr ijuMffi

ALLOWANCE.

. VXEBCXf ALLOWANCE erXONT)

BATE ORIGIN ' OBTiNATIdN VOLES

/

f

/

/

/

/

xusodss rutresE or TJUP

ftR3l2089

(ATTACHMENT B)

UV.M4

BUSINESS EXPENSE REPORT (BER) AUDIT GUIDELINES

Once an audit has been completed, submit die expense report with notations on any deviation from policy attachedto the appropriate supervisor for approval. All sections referenced are from the ADMINISTRATIVE POLICIESAND PROCEDURES MANUAL. When in question, consult the Manual for further definition.

Administrative Directions:

1. BER's should be filled out in ink.

2. All receipts included in an expense report must be for the recorded week ending. Do not include receiptsfor a previous week ending. Complete another BER for those receipts.

3. The departure and return times to an employee's home or office are to be recorded at the top of the BER.

4. Employee's name, employee number, signature, and project, bid & proposal or department number shouldby completed.

5. Expenses must be supported by receipts which include the employee's name, employee number, and projectnumber, vendor name and address. Actual receipts are to be submitted (except for per diem allowancesaad vehicle allowsaegs). However, ja jfce evess af s lost or soa-Sssued receipt, a psrofonaa ?eeeipe isacceptable that includes the date and vendor's same, address, and telephone aumber sloag with adescription of the purchase. If you aotice a pattern of handwritten receipts for she same types of expesseson several expense reports, notify your regional controller.

6. Math calculations for row/columns and mileage are to be verified.

7. All BER's should have the business purpose of the trip completed on the back of the BER.

8. If a BER is submitted to the regional BER processor more than 45 calendar days after the day of thebusiness advance, additional approvals must be obtained. See Section 5.01, BUSINESS EXPENSEREPORTS.

BER Categories:

Lodging - Includes room charges and room tax - no business calls (See NO. 9, Utilities) - no incidentals.

Per Diems Allowances - To be eligible, an employee must stay overnight and NOT be in one of the categorieslisted is Section 4.04, MEALS AND INCIDENTALS. Exception: to receive an evening per diem for a one-daytrip, the employee must have been traveling for twelve (12) hours or return home after 9:00 p.m.

Per diem amount should be in accordance with the Per Diem Amount and Travel Definitions in Section 4.04,MEALS AND INCIDENTALS. If a meal was provided by the Company, the per diem amount for that mealshould be deducted from the employee's per diem allowance.

An employee eligible for per diems should pay all incidental items with his per diem and not include anyof those items on his expense report for reimbursement. Incidentals are personal laundry, dry-cleaning,personal phone calls, waiter and porter tips, newspapers, magazines, in-room movies, non-alcoholicbeverages, and between-meal snacks.

AR3I2090

Items which are not considered incidental expenses nor business expense are: packaged alcohol, drugand tobacco products, sports equipment and supplies, personal care services and products, and readingmaterial other than listed above.

Business Meals - Meal expenses involving other employees and/or clients or other outside, business associates maybe submitted by one employee on a BER for reimbursement. An individual may not claim a per diem for a mealincluded in business meals. Any alcoholic beverages included within the business meal should be listed inrtftainm*nt . . 4. NO. 4.

Entertainment - Must have pre-approved authorization form for expenditures of $ 100 or greater. See Section 5.03 ,BUSINESS MEALS AND ENTERTAINMENT. An individual may not rf«m _ per diem for a meal included inEntertainment.

Air Travel - Should be coach or equivalent. Travel arrangements should be made through OHM's corporate travelagency. If arrangements are made through another travel agent, ticket receipts must be included in the BER andthe reason the corporate travel agency was not used should be included. Cb k the ticket to verify it is a cashexpense and not a direct bill.

Gas & OH - Should identify the Company vehicle or rental car on the receipt. (Check gas receipts for incidentalitems.) Extend math on hand written receipts. Cannot claim mileage, if a gas receipt is claimed.

Taxi, Tolls, Parking - Should be supported by a receipt. Profonna receipts are acceptable for taxi or soil chargesSee Section 5.02, DOCUMENTATION - EMPLOYEE PURCHASES. If employee is a truck driver, be mayhave photocopied receipts.

Utilities, Telephone - Should include water, electricity, business telephone charges, facsimile saehiae, pfaoae Sines,esc .

Project Supplies - Purchases are for those types of items listed in the Project Supplies Peal Listing available fromthe corporate cost accounting department. Project supplies are not applicable to bid &. proposal, research &.development, and asset under construction activities.

Rented Equipment - Review for deposits en rented equipment which should be reported under No. 18, Other.

Freight & Postage - Include US Mail, express mail, and delivery company charges.

Repairs & Maintenance - Repair and maintenance of Company-owned or rented equipment and vehicles. Includesoutside charge for materials and labor not performed bv OHM personnel and not at an OHM shop. Vehiclesrepaired must be identified and noted on the receipt.

Equipment Pa. ts - Materials purchased for repair and maintenance of Company-owned or rented vehicles.•

Supplies FP - Do not include Project Supplies or Type *A* inventory. See NO. 10, PROJECT SUPPLIES andNO. 18. OTHER.

Office Supplies - Includes, writing utensils, paper, etc.

Photography - Includes all expenses related to photography such as film, processing, camera batteries, etc.

Other - Includes deposits, car washes, Type "A" inventory and any other expense that is not listed above.

Vehicle Allowance - Should list an origin and destination. Miles claimed should be multiplied by the current carmileage allowance (See Section 4.02); for sales personnel car allowances, see the Human Resources Policies andProcedures Manual. Can not claim gas expenses, if the employee is claiming a car allowance.

AR3I209I

OHM Corpon&ai


Heading Businss Expense Reporting Section Documentation-Employee PurchasesV L..._ " "~^i^^^f^} * *~*~~<-*~—~- * **Hami m**

Approved By: 0 7" ZZ&&1/JL&41______ Policy No. 5.02__________________

lupersedes 13.01_____ Dated 04/01/94

Effective August 1994 Page 1 of

A. Purpose

The purpose of this section is to set forth the Company's guidelines for documentation of business expenses whichare made by employees with personal credit cards, cash, or traveler's cheques. It is the employee's responsibilityto provide proper documentation to the Company for these purchases.

B. Policy

Is is the Company's policy to comply with regulations issued by the Internal Revenue Service regarding documentationof cash or credit card purchases by eaiployees.

C. Documentation

1. All purchases made by an employee with personal credit cards, cash or traveler's cheques are required to besupported by original receipts obtained from the vendor at the time of purchase (except for vehicle allowancesand per diern allowances). Employees should ask the vendor for printed receipts, in most cases suchreceipts are readily available. In all cases, the receipt should include the name and address of the vendor,amount and description of the purchase.

2. Expenditures for which a receipt cannot be provided by a vendor should be documented on a plain sheet ofpaper. An employee should indicate that no receipt was provided by the vendor and provide the date, location.vendor name and address, amount and description of the expenditure. Examples of such purchases aretelephone calls from pay phones or valet tips.

3. For lost receipts, employees should document the expenditure on a plain sheet of paper. The employee shouldindicate that the receipt was lost and should provide the date, location, vendor name and address, amount anddescription of the expenditure.

4. For purchased made with a description of 'General Merchandise* on the receipt, it is the employee'sresponsibility to list the individual items that have been purchased.

5. Employees should never, under any circumstances, attempt to submit receipts not directly related to a businessexpenditure nor should any employee attempt to create false receipts. The Company considers this to befraudulent actions and may be grounds for dismissal of the employee or possible legal actions.

AR3I2092

"f

OHM Corporation


Heading Business Expense Reporting_______ Section Business Meals and Entertainment

Approved By: ^ /-->f5 - £ C ______ Policy No. 5.03________________

____ Supersedes 14.01______ Dated 04/01/90

Oe fetvsX Effective August 1994 Page 1 of

A. Purpose

The purpose of this policy is to set forth the Company's guidelines for business meals and entertainment expendituresby employees.

B. Policy

1. It sa fhe policy of ?iie Cossp sy ?o reimburse employees for eorraal asd. seeessary business seals aad approvedentertaiameat expenses jaeusred is tae active eoadues of the Compaay's business.

2. It is the policy of the Company to comply wife the regulations issued by the Internal Revenue Service whichrestrict "lavish or extravagant* expenditures and "non-business* expenditures for business meals andentertainment.

3. It is the policy of the Company to strictly prohibit the providing of business meals or entertainment togovernment employees.

C. Definition of Business Meals and Entertainment

1. Business meals are defined as food provided for employees, clients or other outside business associates forthe purpose of a business discussion or directly preceding or following a business discussion which arefurnished in an atmosphere conducive to a business discussion, such as in a restaurant or hotel dining room.

t

2. Business entertainment is defined as the cost of all alcoholic beverages, social activities (such as tickets toshows or sporting events) and other associated costs provided for clients, other business associates and, incertain instances, other employees which are directly related to and necessary for the active conduct of theCompany's business.

D. Expenditures Which Are Not Considered Business Meals or Entertainment

1. Meals or entenainment associated with any informal gathering of employees not directly related to the activeconduct of the Company's business are not considered business meals or enter-tinmen: and will not bereimbursed by the Company,

RR312093

Heading Business Expense Reporting ______ Section Business M k and Entertainment

Policy No. S.03 _____________ . _______ Effective ^uyma 199A Page _2_ of

2. Any business expenditure which is 'lavish or extravagant*, is considered to be unreasonable and unnecessaryand will not be reimbursed by the Company.

E. Documentation for Business Meals

1. Business meal expenses should be submitted by one employee of the group of attendees.

2. When submitting a business meal, an employee must include the original receipt, (or invoice) which lists thebusiness purpose and the persons attending. The expenditure is to be claimed on the BER line 3 BUSINESSMEALS. The cost of the food will be charged to the department of the employee submitting the mealexpenses.

3. When credit cards or drafts are used, code food to account 4120 for projects or account 7530 for departmentalexpenses. See entertainment [F.5] below for the coding of alcohol and social events.

F. Approval and Documentation for Business Entertainment Expenses

1. The Company requires its employees to obtain prior approval each time an entertainment expense is to beincurred. Enterainment expenses without prior approval may not be reimbursed.

2. Expenses for entertainment of clients and employees are to be approved as follows:

Amount Aaargval Needed Tvae_o.f Approval§ G - S100 Employee's supervisor Oa face of BSE, Draft of Credit Card receiptS100 - S250 Project manager or Entertainment Approval form

Department headOver S250 Regional manager or Entertainment Approval form

Vice president

4. The completed Entertainment Approval form (Attachment A) for expenditures of S 100 or greater, along withall receipts pertaining to the entertainment, must be submitted. If receipts are claimed in separate expensereports, a copy of the Entertainment Approval form must be submitted each time. The expenditure is to beclaimed on the BER on line 4 ENTERTAINMENT.

5. The entire cost of the entertainment should be listed on line 4 of the BER and will be charged to thedepartment of the employee submitting the entertainment expense. When credit cards or drafts are used, codeentertainment to account 4710 for projects or account 7520 for departmental expenses. Entertainment cannotbe charged with an asset under construction activity number.

A.R3I2091*

(ATTACHMENT A)FORM 0075

„_. „ . AccoumiatOHM CorporanoQ R«V. 1/94

ENTERTAINMENT APPROVAL

PLEASE PRINT:

EMPLOYEE NAME:________________________ EMP#:_____ DATE: / /

The above named employee is atahorized to incur up to S___________ in entertainment expense on or for the

period of ____________ in association with:

(list business purpose and persons involved) PROJECT #:__ __ __ _' __

APPROVALS

$100 TO S250PROJECT MANAGEROR DEFT HEAD: _________________________ EMP #:_____ DATE: / /

OVER S250REGIONAL MANAGEROR VICE PRESIDENT:_______________________ EMP #:_____ DATE: /__/

AR3I2095

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES

EVALUATION AND PROMOTION

AR3I2096

OHM Corporation


Company/Division _________OHft Corporation__________ Policy No. ____4.01Approved By: ?\/\i -A^-______ Section Employee Relations

Performance Evaluations

Supersedes 4.oi Dated 06/15/90Eff. Date 01/15/91 Page l of _5

J. OBJECTIVE

To establish the purpose, the guidelines for conducting, andthe preferred frequency of formal employee performance evalua-tions.

21. SCOPE

All full=tia© regular, part-time, and temporary @spl©y®e§ of

III. POLICY

It is the policy of the company to develop and improve thecapability of the company's human resources by conducting aformal evaluation of performance and an appraisal interview foreach employee at least once per year to meet specific objec-tives as set forth herein:A. To provide a basis for measuring and evaluating the employ-

ee's performance against job requirements.B. To identify the employee's strengths, accomplishments, and

areas requiring improvements during the appraisal period.

C. To implement specific development plans to improve job per-formance over the next appraisal period.

D. To help to prepare the employee for additional responsibil-ities within the company.

E. To provide a basis for compensating an employee according tothe results that he or she has achieved on the job, througha measured and documented process of information feedbackand instruction.

AR3I2097 .

Section Employee Relations_______ Policy No. 4.01

Subject Performance Evaluations Eff.Date01/15/91 Page 2 of

IV. fREQUENCY

A. Annual Basis

All employees are to be formally evaluated by theirimmediate supervisor at least one time per year, generallywithin the 60-day period prior to the employee's anniversarydate. It is highly recommended that each new employee befurther evaluated on a formal basis after their first 60-90days of employment.

B. Ongoing Basis

The use of the performance appraisal system is not limitedto an annual basis. The counseling of all employees anddocumentation of the results are essential to sound employeerelations practices and good employee development.

If an employee is performing on a marginal or unsatisfactorybasis, he or she should be counseled by using the perform-ance evaluation. This procedure will provide the supervisorthe opportunity to review with the employee the areas thatare causing the unacceptable performance, and t© put inwriting an action plan to correct the areas needing improve-ment within established time frames.

Conversely, if an employee is performing exceptionally well,a performance evaluation may be deemed advisable to documentand further chart the employee's development.

Performance evaluations should also be completed when anemployee is promoted, transferred, disciplined, or termi-nated. An evaluation roust be performed if an employee is toget a promotion or increase and the last performance evalua-tion was more than six (6) months' ago.

V. rORKAT XKD GUIDELINES

A. Performance Evaluation forms must be completed by theappraiser in conducting the evaluation and interview of anemployee. Specific instructions as to how to complete theform are included with the Performance Evaluation form.Forms and further assistance can be obtained from the HumanResources Department.

AR312098

Section Employee Relations Policy No. 4.01

Subject Performance Evaluations___ Eff. Date 01/15/91 Page 3 of

B. Performance evaluations are positive when the supervisor:

1. Plans the review —

a. The Performance Evaluation should be carefully filledout. It takes approximately twice as long to preparefor a review as it does to conduct it.

b. The interviewer should be ready to talk about examplesof both good and poor performance.

c. The interviewer must set a time for meeting with theemployee and inform the employee in advance.

d. The interview should be arranged so as to avoidinterruptions by other employees or telephone calls.

2. Shows the employee consideration —a. The supervisor musts

3.) S@ &en@§t ®nd ©bjeetive2) Listen fce the employee"s concerns and comments

, 3) Find out what the employee's career goals are andwhat is being done about them.

C. The supervisor's job is to help the employee be successful,first in their current job and then, in the future.

1. Where do we go from here; the appraiser should not 'solelyconcentrate on the past. Past actions are only asimportant as what they teach for the future.

2. If an employee isn't doing a good job, the employee oustbe told; the employee also must be told what differentactions are now expected.

3. If an employee is doing well, the employee should becoached on how to get even better. WE ALL CAN IMPROVE.

4. Make sure the employee agrees to a personal commitmentfor their own development--it's not just the manager's orthe company's responsibility.

flR3!2099

Section Employee Relations_______ Policy No. 4.01Subject Performance Evaluations____ Eff. Date 01/15/91 Page 4 of

D. Performance evaluations are conducted to discuss performance"in the position, not compensat i on.

1. The evaluation session must not be degraded by discussingcompensation.

More specifically, supervisors/managers are notauthorized to promise an increase in compensation or theamount of any increase until the increase is properlyapproved. This system provides a second chance to meetwith the employee and reinforce the performance reviewdiscussion.

2. This formal process is not intended to replace the needfor ongoing, informal communication between an employeeand his/her supervisor regarding individual work per-formance on a daily, weekly, or quarterly basis.

3. If an employee's performance warrants discipline orpossible terminatione the performance rsviev must soindicateo

E. Each employee aust be informed snd acknowledge the cenfe«ntsof the periodic evaluations performed and recorded by man-agement of his or her job performance.

VI. RESPONSIBILITY

A. Corporate Responsibility

The Corporate Human Resources Department will coordinate theadministration of the program to accomplish the objectivesof this policy.

B. Regional Responsibility/Subsidiary Responsibility

The senior management person at each location will beresponsible for the administration of the program to ensurethat performance evaluations are conducted in accordancewith policy for all employees within the group.

C. Supervisor's Responsibility

Each supervisor of employees shall review and evaluate thework performance of those employees who are directlyaccountable to the supervisor, and discuss the evaluation

A R 3 I 2 I O O

Section Employee Relations_______ Policy No. 4.01

Subject Performance Evaluations Eff. Date 01/15/91 Page __5__ of

with the employee, in addition, each supervisor shall beresponsible for working with the employee on forming spe-cific development plans to improve job performance and/orprepare the employee for future assignments.

The performance review is just that, a review of the «mploy-ee's performance over the last appraisal period. By stayingcurrent with employees on a daily, weeXly, or quarterlybasis, a supervisor and employee will only need to formallyreview the previous period and will be able to set new goalsand objectives for the next review period. Supervisorsshould be concerned if an employee is "surprised" by reviewcomments on their performance. Completion of this processis part of a supervisor's role in the management of thecompany and should be afforded proper care and diligence incompleting each employee's review.

A R 3 I 2 I O I

OHM CorporationHUMAN RESOURCES POLICIES & PROCEDURES

Company/Division OHM REMEDIATION SERVICES CORP. Policy No. HR4.01AApproved Bv v^ vl-____________ Section Employee Relations_______

.... Subject Field Operations Performance Evaluations_________ Supersedes 4.01A Dated 06/15/90_________ Eff. Date 10/01/92 Page 1 of S

OBJECTIVE

The first and focal objective is the improvement of performance. The completionof an Operational Performance Evaluation is only a step toward that goal. Thiscentral objective can only be achieved by coupling the evaluation with counseling andcoaching to determine where, and how, performance should be improved.

The second objeedve is the identification of those employees who are consideredqualified for advancement by virtue of their leadership potential and continuoussuccessful performance of assigned tasks.

It will also ensure employee and supervisor discussion of individual capabilities,training, and development requirements as well as career objectives and promotionrecommendations.

n. SCOPEAll OHM Remediation Services Corp. (OHM) field operations personnel in SalaryGrades 1-10.

Included are all OHM employees engaged in project activities, to include but notlimited to, the following:

Recovery TechniciansLead Recovery TechniciansCooksForemenTechnologistsPCTsEquipment Operators

A R 3 1 2 I 0 2

Section Employee Relations ______ Policy No. HR4.01.ASubject Field Operations Performance Evaluations Eff. Date 10/01/92 Page 2 of 5

General ForemenTechnical Services Personnel (Chemists, Hydrogeologists, Engineers,etc.)Site Supervisors

m. POLICYThis Field Operations Performance Evaluations policy is designed to provideoperational personnel and their managers with timely feedback concerning individualperformance compared to the requirements of the job.

A. During employee orientation, new employees will be provided with a copy ofthis policy. When orienting a new employee with regards to job expectations,the division manager/department head should discuss the evaluation formwith the employee so there is mutual understanding as to how performancewill be evaluated.

B. An evaluation is to be completed on all job site persosaei prior to theirA a A aT

leaving any job where they have worked ievgn (7) or more days.

C. If an employee is on a job site for more than six (6) months an evaluation willbe completed at the end of that six months.

D. Another evaluation will be completed when the employee leaves the projectsite if more than thirty (30) days has elapsed since their last evaluation.

E. If an employee's performance is not up to par they should be counseledconcerning their deficiencies immediately so they have the chance to improvetheir performance before it is time for their performance evaluation.

F. Special evaluations can be submitted on an employee at any time for specialoccasions, Le., exceptional performance for a specific task, or for seriousviolation of safety or exceptionally poor performance.

G. All performance evaluations are made a permanent and important pan ofeach employee's record. As the principal record of an employee'sperformance and conduct, evaluations axe vital in determining an employee'sability to develop and be promoted. It is a key factor in determining theirannual merit increase.

A R 3 I 2 I 0 3

Section Employee Relations_________ Policy No. HR4.01.ASubject Field Operations Performance Evaluations Eff. Date 10/01/92 Page 3 of 5

IV. RESPONSIBILITIES

The responsibility for the timely completion of performance evaluations rests withboth the individual being evaluated and their immediate supervisor.

A. Each individual is responsible for reminding their immediate supervisor whenan evaluation is due. This notification should be on a timely basis and not asthe individual is getting ready to leave the job site.

B. All supervisory personnel are responsible for completing all requiredevaluations on a timely basis and discussing the evaluation with the subjectemployee. Failure to do this should be reflected in the supervisory person'sperformance evaluation.

V. ADMINISTRATIVE PROCEDURES

Form completion procedures are as follows:

A. The evaluation is to be eompleted by ?h@ individual's immediate supervisorS ty A

(Le., foreman, general foreman, stc.) and reviewed by the site supervisor.

E. Choose the rating that best describes the employee's performance and checkthat box. If an employee is marked "Below Average" or "Outstanding", thosemarks must be justified in the "Comments" section.

C. If the employee operated any type of equipment, including pumps, lasers, skidunits, etc, it should be noted in the "Equipment Operated" section along withcomments concerning their proficiency.

D. Section I should be completed for all employees and Section n for supervisorypersonnel (foremen and above and technical personnel).

E. Evaluations completed by the site supervisor will be reviewed by the projectmanager.

F. The site supervisor will be evaluated by the project manager and reviewed bytheir division manager.

G. Technical personnel, i.e., bydrogeologists, engineers, site safety officers, willbe evaluated by the site supervisor and reviewed by the project manager.

A R 3 I 2 I 0 1 4

Section Employee Relations ________ Policy No. HR4.01.ASubject Field Operations Performance Evaluations Eff. Date 10/01/92 Page _4_of 5

H. Evaluations are to be completed, shown to the employee, and discussed withthem prior to the employee leaving the site. The forms should then beimmediately forwarded to the person responsible for reviewing. The reviewshould be completed within five (5) days and the evaluation forwarded to theindividual's division manager/department head.

If the individual reviewing the evaluation has any additional positive ornegative comments, they should be attached, if necessary, on a separate sheetof paper.

The division manager/department head should forward a copy of theevaluation to the Corporate Human Resources Department for filing in theindividual's personnel file. A copy should also be forwarded to the employeeif any comments were made by the reviewer.

I. The division manager/department head should use these evaluations toprovide guidance and aid in preparing the individual's initial six (6) monthreview and thereafter their annual review.

All performance evaluations are to be treated as privileged information and seenonly by those persons required. They should be kept in a secure area and mailed insealed envelopes marked "Confidential".

An individual's performance should not be discussed with anyone except with thosepersonnel needing that information.

10/7/92

A R 3 I 2 I 0 5

Policy No. HR4.01.Page 5 of 5

"Attachment" — 10/01/92^ OPERATIONAL PERFORMANCE EVALUATIONwpocttion ***

EMPLOYEE t

Job TITLE

DIV/DEPART

SECTION I - ALL PERSONNEL

1. GENERAL ABILITY2. TECHNICAL COMPETENCE3. SAFETY4. USE i CARE OF EQUIP.5. INITIATIVE6. ATTITUDE7. COOPERATION£. DEPENDABILITY9. PERSONAL APPEARANCE10. GROVTH POTENTIALSECTION H - SUPERVISOR! PERSONNEL

MXNISTRATXVE BUTHStiOMMUNXC&TXONSPLANNING & ORGANIZING

14. PROBLEM SOLVING15. JUDGMENT16. LEADERSHIP17. HUMAN RELATIONS18. CLIENT LIAISON19. TRAINING PERSONNEL

Fonn 0071erwMi Sennet

PERIOD COVERED

{NO}{NO}

{NO}{NO}{NO}{NO}

{NO}{NO}{NO}

{NOJ

0*0}{MO}{NO}{NOJ{NO}{NO}{NO}{NO}{NO}

{UN}{UN}{UNJ{UN} •{UN}{UNJ{UNJ{UNJ{UN}{UNJ

CUNJCUN}{UN}{UNJ{UNJ{UNJ{UNJ{UNJ-{UNJ

PROJECT

{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ

CM}!§AJ{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ{BAJ

t

{AVJ{AVJ{AVJ{AVJ{AV}{AVJ{AVJCAVJ{AVJCAVJ

(I AV i

1? A97

{AVJ{AVJ{AVJ{AVJ{AVJ{AVJ{AVJ

{AA}{AA}{AA}{AA}{AA}{AA}{AA}CAAJ{AAJCAAJ

£M}l&A}CAAJ{AAJ{AAJ{AAJ{AA}{AA}{AAJ

{EXJ{EXJ{EXJ{EXJ{EXJ{EXJ{EXJ{EXJ{EXJ{EXJ

(fEX)OT{EXJ{EX}{EXJ{EXJ{EXJ{EXJ{EXJ

-

{OSJ{OSJ{OSJ{OSJ{OSJ{OSJ{OSJ{OSJ{OS}{OSJ

mi {I{03}{OS}{OSJ{OSJ{OSJ{OS){OSJ{OSJ

COMMENTS:

EQUIPMENT OPERATED:

J

»

EMPLOYEE SIGNATURE/Date REPORTING SENIOR/Date REVIEWED BY/Date

R R 3 I 2 I Q 6

OHM Corporation


Company/Division _____OHM Corporation_________ Policy No. ____4.03

Approved By: . X\ / K^AK^S-_______ Section Employee Relations_ r ~> Subject Promotions________

Supersedes Dated"Eff. Date Ql/15/91 Page i__ of ___

I. OBJECTIVE

To define and establish guidelines for the promotion andadvancement of employees.

II. SCOPE

All regular ®sipl«ys©s ©f OHM Corperatien,

It is OHM Corporation's policy that, whenever possible, jobvacancies should be filled by the transfer or promotion ofqualified employees from within the company. Management shouldhire from outside the company only when it cannot find qual-ified candidates within the company (see Transfers, Policy No.4.06, and Job Posting Program, Policy No. 2.04).

Promotions to higher paying jobs or better jobs with equal paywill be based on the company's needs and the skill of theemployees under consideration. If several candidates haveequal ability, length of company service may be considered inmaking the decision.

IV. PROMOTION CRITERIA

A. When an employee is advanced to a position having a highercompensation range than that of the present position, or^when the present position changes to the extent that it isauthorized on a higher compensation level, the change isconsidered a promotion.

&R312107

Section Employee Relations________ Policy No. 4.03

Subject Promotions______________ Eff. Date 01/15/91 Page 2 of

B. A promotion must involve increased job responsibility. This-may come about as the result of such things as a vacancy inan existing position, establishment of a new position, orincreased experience of the incumbent warranting advancementwithin the job family hierarchy.

C. When an employee is moved to a higher position, it isexpected that additional responsibilities will be taken onthat have a distinctly increased value to the company over •those of the former position.

D. At the time of promotion, the employee is considered for acompensation increase in recognition of the greater respon-sibility being assumed (see Salary Administration Program,Policy No. 3.01).

V. JOB fXKILY HIERARCHY

Many promotions will take place within the existing job familyhierarchy and are t© be based upea the specific ©jsperienee anemployee gains and his/her job performance.The following guidelines are presented to provide supervisorydirection for utilizing the hierarchy on an equitable basis:

Degree and Years of ExperiencePosition Bachelors Masters Ph.D.

Level I 0 to 2Level II 2 to 4 0 to 2Level III 4 to 6 2 to 4 0 to 2Project I 6 to 9 4 to € 2 to 4Project II 9 to 12 6 to 9 4 to 7Sr. Project 12 to IS -9 to 12 7 to 11 -Sr. Staff Assoc. 15+ 12* 11+

Although every position within a job family hierarchy does notutilize all the titles listed nor require a college degree, thesame rationale for years of experience would normally apply.

VI. IMPLEMENTATION

A. All supervisors should be familiar with the above guidelinesand refer to them in reaching judgment as to when a promo-tion is properly warranted.

/\R3I2108

Section Employee Relations Policy No. 4.03

Subject Promotions _________ Eff. Date 01/15/91 Page 3 of

B. The recommending supervisor should obtain pdvanee verbalapprovals from those who will later sign the promotionpapers, in accordance with procedures set forth in theSalary Administration Program, Policy No. 3.01.

C. After verbal approval, the supervisor should discuss thepromotion with the employee advising the employee of theamount of compensation increase, if any.

D. If the employee accepts the promotion, the supervisor willcomplete the Employee Change of Status form and forward itto the appropriate party for approval.

E. After final approval the form should be sent to the HumanResources Department for implementation. A copy of theapproved form should be returned by the Human ResourcesDepartment to the recommending supervisor.

F. Promotions are not to be made simply because an employee isnear the maximum @f the salary range o If an employee isapproaching 'the maximum of t.he gesitien salary ^&ng®c fch®supervisor should eentact the Human Sesourees Department todiseuss options and alternatives is handling th@ situation.

5344

AR3I2I09"


TERMINATION OF EMPLOYEES

A R 3 I 2 I 1 0

OHM Corporation

HUMAN RESOURCES POLICIES & PROCEDURES

Company/Division ______OHM CORPORATION______Policy No. HR4.04 •Approved By s C' /1- ._________ Section Employee Relations _____

Subjea Discipline

TTTJLL

1_______l___________ Supersedes 4.04 Dated 11/01/90___________________ Eff. Date 10/01/92 Page 1 of 3

V

OBJECTIVE

To establish the purpose of and guidelines for implementation of disciplinaryprocedures.

All employees of OHM Corporation.

TTT. POOCY

All employees of OHM Corporation are expected to meet the standards ofperformance established for their job. When they do not, management must counselthem and discipline them in a constructive and consistent manner with the intent ofhelping them succeed. All employees must have the assurance that if theirperformance and conduct are satisfactory, they are protected from disciplinary action.

IV. RESPONSrRTTTTTES OF MANAGEMENT

Management must clearly explain job standards and acceptable work parameters andpolicies to employees and ensure that the policies and disciplinary actions areadministered fairly, impartially, and objectively.

Effective counseling and discipline require the manager to remain objective duringthe entire disciplinary process. It is essential for the manager to thoroughlyinvestigate and review all relevant facts and allow the employee to explain his or herconduct Disciplinary action should be taken as soon as possible after the eventwhich made it necessary.

&R3I2M1

Section Employee Relations__________ Policy No. HR4.04Subject Discipline_______________ Eff. Date 10/01/92 Page 2 of 3

An employee should be disciplined in private. The role of the manager is to help theemployee be successful. Employees by their actions bring discipline or terminationon themselves. The manager's job is to counsel the employee in such a way as tochange behavior that could lead to termination into behavior which creates a climateof success for both the employee and the manager.

V. KINDS OF DISCIPLINARY ACTION

A. Verbal Warning

Employees whose performance or conduct is unsatisfactory should be soinformed by their manager, be told that failure to correct the problem willresult in a written warning, and be given the opportunity to improve.

A written record of the discussion should be kept by the manager.

B. Written Warning

As employee who does aot eorreet unsatisfactory performance or eoaduet& 9 a £

after a reasonable period of time, should sreedve a writtes warning. Thiswarning should describe the reason for the warning and the corrective actionwhich the employee must take. If a time limit for corrective action isestablished, it should also be indicated. The form should be reviewed andsigned by the employee, and retained in the employee's personnel file. If theemployee refuses to sign it, the manager should note that the warning wasread to the employee.

C. Suspension

Suspension of an employee can be used by management as an alternative todischarge when an employee has had at least two written warnings in theproceeding 24-month period and a third violation justified disciplinary action;or to provide time to investigate circumstances which indicate that anemployee may be subject to discharge. The employee should be advised ofthe reason for the suspension and the reason must be recorded in theemployee's personnel file.

D. Discharge

An employee will normally be discharged only if within the most recent 24-month period he or she has received at least two written warnings, the secondof which is designated as a FINAL WARNING, and a third violation occursjustifying termination.

A R 3 I 2 I 1 2

Section Employee Relations ________ Policy No. HR4.04Subject Discipline _____________ E2. Date 10 01/92 Page 3 of 3

If, however, the employee engages in any of the following prohibited acts orothers similarly deemed so serious that no prior warnings are required, the .employee may be discharged immediately (Discharge for Cause):

1. Theft: Attempted theft or removal from the grounds of companyproperty or the property of another employee or customer withoutproper authorization.

2. Willful or negligent destruction of company property or the propertyof another employee or customer.

3. Use of company property for the employee's personal benefit withoutexpress prior permission.

4. Violation of the company's policy regarding alcohol or drug abuse.

5. Gambling on company time or premises.

6. Failing to report to work for toee eonseeutiv® work days without anexcuse acceptable to management.

7. Failure to comply with the terms of an authorized leave of absence.

8. Refusal to do assigned work (includes walking off the job).

9. Falsification of company records, including employment applications.

10. Striking another employee during working hours.

11. Conviction of a felony.

12. Conduct constituting any serious breach of safety requirements,procedures, or policies.

13. Unauthorized possession of a firearm, weapon, or explosives oncompany property or project site.

All terminations must be reviewed and approved by the Human ResourcesDepartment

1912(92

A R 3 I 2 I 13

OHM Corporation


Company/Division _____ OHM Corporation_________ Policy No. 4.05

Approved By: ^ *- k___________ Section Employee RelationsSeparations______

Supersedes ___ DatedEff. Date 01/15/91 Page l of

I. OBJECTIVE

To establish guidelines for various conditions relative toseparation of an employee from the company.

II. SCOPE

employees ef OHM Corporation.

An employee is considered separated from the company when theemployee's employment relationship is permanently discontinuedas a result of action taken by the company or the employee.

IV. VOLUNTARY SEPARATION/RESIGNATION

A. Employee Requirements

1. Notify- the immediate supervisor of the intent to resignemployment. A minimum of 2 to 4 weeks' notice is strong-ly preferred as an extension of professional courtesy.

2. Complete the Resignation/Termination form available fromthe Human Resources Department.

3. Return all company property.

B. Supervisor Requirements

1. It is a matter of management discretion, when an employeehas given reasonable notice of intent to resign, as towhether or not the employee will be allowed to stay on

A R 3 I 2 I \ k

Section Employee Relations Policy No. _ 4.05

Subject Separations_______________ Eff. Date oi/is/gi Page 2 of

the job for the period following notice. Generally, the'employee will stay on as planned to allow adequate timefor replacement selection and training or for completionof ongoing assignments. However, the department managerhas sole discretion to decide whether the resignationshould be effective immediately. If the employee isresigning to work for a competitive organization, imme-diate termination is usually appropriate.

2. Advise the Corporate Human Resources Department inwriting immediately of an employee's pending separation.

3. All employees who voluntarily leave the company are to begiven an exit interview. The purpose of this interviewis to obtain the employee's reason for terminatingemployment as well as any complaints or suggestions whichmay be helpful in preventing future employee resigna-tions .

An Exit Interview form is available freia the Human. S®sources Department for this purpose. It Is je;r<i£@£Teeithat the Sxit Interview form be filled out during th©®xit interview precess. Th@ fera say, if Heettsssasy, betransaitted by mail. All completed Exit Interview formsmust be forwarded to the Corporate Human ResourcesDepartment.

4. When an employee leaves the company voluntarily orinvoluntarily, the employee's immediate supervisor/manager is responsible for obtaining official companyrecords and equipment and making a satisfactory closingon financial matters. The return of company materials bya departing employee should be accomplished prior tofinal payment of wages.

An Exit Interview Checklist form is available in theHuman Resources Department and should be used to assurefull compliance and consideration.

5. Review the employee's computer access to determinewhether immediate removal is necessary or if one should .wait until separation.

ftfl3!2l 15


TRAINING/ROTATIONPOLICIES

A R 3 I 2 I 16

CONSTRUCTION MANAGEMENT PROCEDURES IPERSONNEL AND COMPANY POLICIES_______

PER DIEM/TRAVEL POLICIES

A R 3 1 2 I 18

OHM Corporation


Heading Travel Related Expenditures_______ Section Air Travel

Approved By: ( r , * * ^ _ _ _ _ _ _ Policy No. 4.01

Supersedes 7.01______ Dated 04/01/90

Effective August 1994 Page 1 of _.3...

A. Purpose

The purpose of this section is to set forth the Company's guidelines for procurement of air travel services foremployees required to travel in the conduct of Company business.

B. Policy

1. It is the policy of the Company that air travel arrangements are made through the corporate travel agencywhenever possible. j t

2. It is the policy of the Company to pay or reimburse the employee for the normal and necessary expensesassociated with air travel by an employee in the active conduct of the Company's business.

C. Definitions

1. An emergency situation, for the purpose of this policy, is when the employee is not notified of required traveluntil after 5:00 p.m. on weekdays, or on holidays and weekends.

2. Travel Coordinators have been designated for each division, region, and corporate group in the Company.The travel coordinator will provide the corporate travel agency with the information needed for the employeeto obtain an airline ticket, hotel reservation, and/or car rental.

3. The Corporate Travel Agency is responsible for providing the airline ticket, hotel reservation, and/or carrental to the employee through the appropriate travel coordinator and will direct bill the Company for the airtravel.

D. Obtaining an Airline Ticket Through the Corporate Travel Agency

1. All employees must complete and have approved by their supervisor a Travel Request form (Attachment A)prior to making air travel arrangements.

2. Send a copy of the completed Travel Request to your travel coordinator.

3. Tourist class, coach class, or specifically reduced fares are to be used for all air travel. The Company willnot pay for first class airfare.

A R 3 I 2 I 19

Heading Travel Related Expenditures________ Section Air Travel

Policy No. 4.01_____________________ Effective August 1994 Page 2 of 3 .

4. After 5:00 p.m. and on holidays and weekends, the employee can make emergency arrangements through thecorporate travel agency to pick up the tickets at an airport airline ticket counter. The use of this service shouldbe limited, since the airline charges an additional fee. A toll free telephone number (800-323-3800) has beenprovided by the corporate travel agency and the direct dial number for Findlay is 419-424-4994.

The employee must have a project number and advance authorization from the regional, emergency response(On Call) coordinator for the corporate travel agency to purchase airline tickets in these situations.

5. In every emergency situation, a Travel Request form must be completed and approved by the employee'ssupervisor within three (3) business days after the air travel arrangements have been ry*Ae.. The approvedTravel Request form should then be submitted to the employee's travel coordinator.

£. Obtaining Lowest Fare through the Corporate Travel Agency

1. It is the responsibility of the employee to provide the corporate travel agency with sufficient time to allow themto obtain the lowest fare for all air travel arrangements.

-2. The corporate travel agency will seek the lowest possible fare based on "two-hour windows" on either side- of the employee's requested departure and arrival times.

3. When an employee's travel arrangements are flexible and a "time window" of more than two hours isavailable, the employee should inform the corporate travel agency so that possible lower fares can be obtained.

4. Employees may NOT request a particular airline or routing. An airline or route may be used only if the fareis consistent with the Company's lowest fare policy.

F. Obtaining an Airline Ticket Directly

1. When an employee is not able to use the corporate travel agency for air travel, the original receipt for theairline ticket must be submitted in a BER for reimbursement. See Section 5.01, BUSINESS EXPENSEREPORTS. If a Company credit card is used, the original receipt must be attached to the employee'sCompany credit card statement. See Section 3.03, CREDIT CARDS.

2. The Travel Request form must be completed, approved by the employee's supervisor and attached to the airlineticket receipt.

3. Tourist class, coach class or specifically reduced fares are to be used for all air travel. The Company will notpay for first class airfare.

4. The employee is responsible for obtaining the lowest fare available based on the "two-hour window" on eitherside of the employees requested departure and arrival times.

5. Employees should only purchase airline tickets directly in emergency situations unless otherwise approved, bythe employee's supervisor or regional controller.

AR312I20

Heading Travel Related Expenditures_______ Section Air Travel

Policy No. 4.01______________________ Effective August 1994 Page 3 of

G. Refunds/Unused Tickets

1. Unused tickets must be returned to the employee's travel coordinator within seven (7) days of the ticket date.Also, employees must notify their travel coordinator when prepaid tickets are not picked up from the airlineticket counter.

2. Employees must never request a cash refund for an unused ticket billed to the Company.

H. Insurance

1. The corporate travel agency has arranged for a $300,000 death benefit (flight insurance) on tickets purchasedthrough the corporate travel agency for OHM employees when flying on Company business. Additional travel •insurance is a personal expense and is not reimbursable by the Company.

2. The corporate travel agency has arranged for $1,250 of insurance on lost or stolen baggage, excludingelectronic equipment, when tickets are obtained through the corporate travel agency by employees travelingon Company business. Additional baggage insurance purchased by the employee is a personal expense andis not reimbursable by the Company.

I. Airline Club Memberships

The Company will not reimburse employees for airline club membership fees.

oA R 3 I 2 I 2 I

AR3II927 · 1.107 252.225-7035 BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION...

Documents

Transcript of AR3II927 · 1.107 252.225-7035 BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION...