'TO PRPECHVIVE OEEERORS:WM OCKET CONTRIL

REQUEST EOR =PR , (REP) CENTERSocioeconaoic Impact Identification and Assessment

The Mississippi Energy and Transportation Board ?§ Alft d a'ct with aqualified organization or organizations to identify those social and economicimpacts, both perceived by the affected citizens and those indicated by otherforms of statistics and documents, that exist or are predicted to occur atthree levels: locally, at the multi-county primary impact area and statewide if(1) the Richton Dome in Perry County, Mississippi, is recammended by the U. S.Department of Energy to be further evaluated as a potential nuclear wasterepository, (2) the Richton Dome in Perry County, Mississippi, is selected bythe President as a nuclear waste repository, (3) the Cypress Creek Dome inPerry County, Mississippi, is to be further evaluated as a potential nuclearwaste repository and (4) the Cypress Creek Dome in Perry County, Mississippi isselected by the President as a nuclear waste repository. The Contractor willidentify those social and economic impacts that have occurred during thepre-site characterization period, including regional and area characterizationswill occur during the site characterization period; will occur duringrepository construction, operation and post-operation stages. Subsequent tothe identification of the impacts described above, the Contractor will berequired to assess those impacts both in terms of their social and economicconsequences, from a local, multi-county primary impact area and statewidestandpoint.

The efforts under consideration are described in the Statement of Work attachedto this request (Enclosure 1). This effort will be in direct support of workbeing conducted by the State of Mississippi under a U. S. Department of Energygrant. You are invited to submit a proposal to perform the described effort.

It is anticipated that offerors will demonstrate their ability to manage thestudy in such a way that an integrated, quality product will be completed in atimely fashion. It is also expected that in selecting a qualified technicalteam, offerors will include persons with expertise on the local area.

it is anticipated that a multiphased fixed fee, term type, contract(s) will benegotiated with the successful offeror(s). It is anticipated that thecontract(s) will be initiated on or about November 19, 1984 for a term ofapproximately twelve ronths, the period of which is renegotiable upon mutualconsent of both parties.

EB reserves the right, without qualification, to select any proposal as abasis for negotiation, to reject all proposals and to exercise its discretionand apply its judgement with respect to any proposal submitted. MEIB alsoreserves the right to combine proposals or aspects of proposals if no singleproposal is deemed to be sufficient of itself. This RFP does not commit MEmBto pay the costs incurred in connection with any proposal, or to procure orcontract for any services.

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7he acquisition process will be carried out by a Selection Committee, appointedby 1MEB in consultation with the Nuclear Waste Policy Advisory Cbuncil(!WPAC). mhe Source Selection Procedures are available at ME7B and aredesigned to conform with the MEMB procurement procedures and the legalrequirements of the State of Mississippi. 'Me finding of the SelectionCcmittee will be presented to the NKPAC. 7he NWPAC will make recommendationsto the Energy and Transportation Board who will in turn make the fi1al determi-nation on selection.

In the selection process, the Selection Committee will assessqualitative/quantitative distinctions between offerors in accordance withestablished criteria.

During the initial evaluation, but prior to completing initial rating, anyproposal determined to be so obviously deficient as to be totally unacceptableon its face may be eliminated from further consideration. Remaining proposalswill be evaluated and rated using the evaluation criteria developed by METB todetermine which are within the competitive range.

Verbal and/or written discussions will be held with those firms andorganizations determined to be most qualified by the Selection Cmnmittee.Firms and/or organizations eliminated from further consideration during theselection process will be promptly notified. It is the intent of MB toconduct negotiations for award of a contract with only the best qualifiedorganizations as determined by evaluation of competitive proposals, allrelevant factors considered.

PRY PB~ARTIN.

Your proposal is to be prepared in accordance with the instructions containedin Enclosure No. 3, Proposal Preparation Instructions. Proposals are to beprepared and submitted in two separate volumes. Volume I shall contain yourtransmittal letter, the technical proposal and vitae and experience ofinvestigators. Volume II shall contain certifications as may be required byMM and financial resources data. Cost proposals are not to be included, ascontract costs will be negotiated with the most qualified offerors.; Due to thenature of the study, the offerors are advised that areas of expertise shouldinclude at a mininm sociology, anthropology, psychology, human services, riskanalysis, economics and planning including transportation and financialevaluations, geography, folklore and history. Investigators should haveexpertise in performing field surveys and in conducting controlled studies.You must state that your proposal is valid for sixty (60) days from the duedate for submission of your proposal.

PROPOSAL WITSS

Submit ten (10) copies each of Volume I and Volume II of your proposal insufficient time to be received by MEIM not later than 5:00 p.m., November 1,1984.

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Cnly one of the copies shall have any identification of the proposer. Thisqualification shall apply to logos, symbols or other distinctive markings whichcould identify the offeror. All other copies shall be devoid of such markingsor identification. Offerors who do not conform to this criterion may besubject to disqualification at the discretion of the Chairperson of theSelection Comuiittee.

Proposals should be addressed as follows:

Mississippi Energy and Transportation Board510 George Street, Watkins Building Suite 300

Jackson, Mississippi 39202-3096

Attention: Mr. Wilbur G. Ball, Executive Director

SEALED PROPOs - DO M TOEN

K, v In the event you wish to hand deliver your proposal, bring them to the<_, following location:

Mississippi Department of Energy and Transportation510 George Street, Suite 300

Jackson, Mississippi 39202-2096

SEALED PFOPOSAL - DO NOT MEN

Third Floor ReceptionistAttention: Mr. Wilbur G. Ball, Executive Director

LATE P1fFOSALS. MODIFTCATIONS OF PiAPOsrs. WITHDRAWAL OF PR)POSALS ANDTEQMCAL DATA NOTICE

Guidance is given in Enclosure 5.

References are available for review at the following location:

Mississippi Department of Energy and Transportation510 George Street, Suite 300

Jackson, Mississippi 39202-3096Telephone (601) 961-4733

Additional data and references may be available from the Mississippi Researchand Development Center and from the Mississippi Energy and Transportation Boardas well as other sources within the State of Mississippi.

The study is to be designed in a manner independent of the U. S. Department ofEnergy and its contractors. The contractor shall be cognizant of those effortsof the Department at developing socioeconomic data and reports but shouldrefrain, to the extent practicable, from direct interface with m E or itscontractors except for purposes of collecting information necessary as inputsto the assessment.

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CONTRA~CT TERMS AND COMITIONS

A sample contract is included as Enclosure No. 7 of this REP. Any exceptionsthat you take to the requirements or terms and conditions of the samplecontract must be clearly explained in your representation regarding contractterms and technical data (Enclosure No. 6).

ORGANIMZATIONL QQNFLcTsr OF TNTEgEqr I

Your attention is drawn to the Representations and Certifications in EnclosureNo. 6. especially the Equal Opportunity and Organizational Conflicts ofInterest Representations. In the event that an organizational conflict ofinterest arises concerning this procurement, HE.B shall have the authority andresponsibility to make the affirmative determinations as to whether (l) thereis little or no likelihood that such an organizational conflict of interestwould exist as a result of an award or (2) that such conflict will be avoidedafter appropriate conditions have been included in the award instrument. Inthe event that MEMB determines that a conflict of interest exists and that suchconflict cannot be avoided by including appropriate conditions in the awardinstrument, ME7B may nevertheless authorize award if a determination is madethat is in the best interest of the State of Mississippi to make such award andthe award instrument includes appropriate conditions in such contractagreement, or arrangements to mitigate such conflict.

If you have questions concerning this Request for Proposal, please submit themto NE7B in writing by October 12, 1984. Questions will be answered in writing,with copies distributed to all recipients of the REP.

Please provide to NM by Octoberorganization's intent to submit a

19, 1984, written notification of yourproposal in response to this REP.

Enclosures: 1. Statement of Work2. P.L. 97-425, Section 1163. Proposal Preparation Instructions4. Selection Committee Evaluation Criteria5. Late Proposals, Modifications of Proposal, Withdrawal of

Proposal and Tednical Data Notice6. Representations and Certifications including Representation

Regarding Contract Terms and Tedmical Data7. Sample Contract:

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Enclosure No. 1

SOCIOEONOMIC I1PAM ICENTIFICATION AM ASSESSMEIT

STATEAENT OF WORK

1. Introduction

In mid-1976 the State of Mississippi was informed by the Energy Researchand Development Adninistration, the precursor agency of the Deportment ofEnergy (DOE), that the state's salt d&oes were being considered fordevelopment as nuclear waste repositories. Permission was requested andgranted for ERnM to conduct a study of the literature related to theMississippi salt dcm'es. The study lasted about two years. In 1978 the, DOidentified three d&mes in Mississippi suitable for further study. Thedames were Lanpton in Marion County and Cypress Creek and Richton in PerryCounty. From 1978 through 1980 a more detailed investigation of an area ofapproximately 1,000 square miles in which the three dames are located wasevaluated further by ME. In 1981 the Department of Energy announced thatof the dames that had been investigated the Richton Dane was ranked as themost preferred with Cypress Creek ranked third. Vacherie Dome in Louisianaranked second and Cakwood Dame in Texas, which was later eliminated, wasranked fourth. To that point no socioeconomic impact studies orassessments had been performed. Secondary socioeconomic data had been usedby ME and its contractors to predict potential economic impacts.

In January 1983 the President signed into law the Nuclear Waste Policy Actof 1982 in which the Congress had roadmapped a schedule for completion andoperation of the nation's first nuclear waste repository. The law statesthat the Secretary of Energy must nominate at least five sites suitable forfurther characterization. Each nominated site must be accompanied by anenvironmental assessment. From the nominated sites, the Secretary is torecommend three sites to the President by January 1985. Those three siteswill be evaluated in detail during site characterization by the U. S.Department of Energy. By March 31, 1987, the President is to select one ofthose sites for application for a construction authorization from theNuclear Regulatory Commission. The NRC is to issue a decision on theconstruction authorization in the early 1990's. Finally, the Act requiresWE to begin to take title to spent fuel from the commercial reactorfacilities not later than January 31, 1998. Present indications are thatthe schedule established by the Act will slip several years.

The Nuclear Waste Policy Act gives the state authority to developsocioeconomic impact reports and to request financial assistance toidentify and, to the extent achievable, mitigate adverse impacts (42 USC10136, Section 116.(cc).

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This Request for Proposal is for the identification of a socioecorxnicbaseline prior to the Federal Goverment identifying dcme salt as apotentially acceptable geologic medium for the disposal of high-levelradioactive waste, and for the identification of those social (includingpsychological), cultural, institutional, and economic impacts that (1)occurred during the regional and area characterization phases of study inMississippi; (2) are predicted to occur locally, in the multi-countyprimary impact area and statewide if the Richton Dcme or Cypress Creek Dameis selected for further characterization; and (3) are predicted to occurlocally, in the multi-county primary impact area and statewide if theRichton or Cypress Creek salt dome is selected for construction, licensing,and operation of a mined geologic nuclear waste disposal and/or storagefacility. 7he Contractor in the second phase of this project, shall assessall impacts identified in (1), (2), and (3) above and determine mitigationmeasures and costs, as appropriate to and available for those impacts.

The study to be performed shall be designed by the contractor tocharacterize all socioeconomic impacts and identify both the monetary andnon-monetary costs and benefits of a repository in the Richton and/orCypress Creek sites and to distinctly identify socioeconomic differencesbetween the two sites themselves. Given the broad range of Impacts likelyto be associated with such a facility, it would be inappropriate for thestudy to focus exclusively on economic factors, although such factors willbe a major conponent of the study. the COntractor should take steps toassure that in accordance with Section 102 (b) of the NationalEnvironmental Policy Act of 1969, that presently unquantified environmentalamenities and values can be given appropriate consideration in decisionmaking along with economic and technical considerations. If either Richtonor Cypress Creek is recommended for site characterization, special emphasisshould be given to ways in which socioeconomic impacts at these sites mightdiffer from those to be expected at other sites under consideration by theDepartment of Energy and approved by the President for site characteri-zation as potential nuclear waste repositories.

Scientific credibility of the study and resultant reports are of absoluteImportance. The State plans to use the results of the study in its deci-sion-making process and in subsequent negotiations with the Department ofEnergy. We expect the findings of the study to withstand peer review, andare seeking a quality product which could meet the standards of the bestjournals as well as being responsive to the needs of the State. Tb thatend the contractor will be required to specify cause/effects relationshipsidentified during the study, present evidence of data replicability,establish relevance of all factors used and/or identified, and presentdocumentation on the reliability and validity of all methods, data andassumptions used. The Contractor, in his proposal, must demonstrate howfield work, document/data review and research will be integrated during thestudy and incorporated into final reports.

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1.1 Peer review and policy orientation panels

In order to ensure the quality and credibility of the final study, mmIBwill appoint a technical peer review panel composed of nationally prominentsociologists, anthropologists, economists and experts from otherappropriate disciplines to review the proposed scope of work andmethodology of the study and to comment on performance of research andappropriateness of conclusions in the interim, draft and final reports.sihe peer review panel shall interact with the Contractor and advise MEIB ofnecessary modifications in scope or methodology to ensure that a state-of-the-art study is produced.

In order to ensure a final product which is responsive to State decision-making and negotiation needs, a Socioeconomic Policy Subccamittee or Steer-ing Committee, will be created by the Nuclear Waste Policy Advisory Councilto identify State policy objectives with the contractor and to review theproposed scope of work, the interim, draft and final reports forconsistency with such objectives.

1.2 Models and surveys

Pursuant to the terms of the contract and in accordance with the describedStatement of Work, any and all models used to evaluate and assess impactsidentified during the conduct of the study shall be verified by, theContractor. Contractor verification shall be supplied to MmETB. Prior totheir use, the METB, through the peer review panel and/or socioeconomicpolicy subcommittee, shall review and approve any and all models or surveysto be used by the Contractor in the performance of impact assessments. Themethod and scope of surveys, including field surveys, and the primary dataaccumulation shall be included in the Contractor's reports.

1.3 Deliverables and schedules

The program of study is to be phased into two separate units. The firstphase of the program, itemized as objectives 2.1 through 2.3 below shouldbe performed prior to the recommendation for Presidential approval of threesites for detailed characterization. The anticipated date for such recom-mendation is January 1, 1985, although slippage in the schedule may occur.The Contractor shall be required to submit an interim report which identi-fies impact areas and any preliminary conclusions on objectives 2.1 through2.3 not later than March 31, 1985, or as may otherwise be negotiated withME7B. The Contractor shall also be required to submit monthly progressreports and to submit a milestone chart which will lead up to the draftfinal and final reports. The due dates of the draft final and finalreports are subject to negotiation to meet the decision-making needs of theState and the need to obtain a quality product. The Contractor shall alsobe required to sutbit a milestone program, complete with a schedule ofdeliverables, for the second program phase detailed as Objective 2.4below. A man-hour loading matrix shall be prepared for both phases ofstudy.

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2.0 Objectives

The objectives of Phase I of this study are to identify and quantify theimpacts of repository siting activities from their beginning in 1976 to thepresent time, and to identify the anticipated impacts of site characteriza-tion, construction, operation and decomiissioning of a repository. If theRichton or Cypress Creek salt domes are selected for detailed sitecharacterization, the objectives of Phase II will be to quantify to theextent achievable the impacts of site characterization, construction,operation and decommissioning, and to identify and quantify the effects ofaccidents or other unanticipated events.

It is anticipated that most of the Phase I effort will involve projectingImpacts from 1984 onward, unless offerors can propose and justify adifferent proportional breakdown.

2.1 Phase I, Objective 1: Impacts of repository siting activities, 1976-84

The Contractor shall develop baseline data for a year prior to 1976 andshall identify and quantify from 1976 to 1984 (1) what would hale occurredin the absence of respository siting activities at the Ridhton and CypressCreek salt domes and (2) what has in fact occurred as a result ofrepository siting activities at those domes. We expect that the vastmajority of the pre-1984 effort will focus on the local level, although theContractor should include any other impacts that may be identified at themulti-county or state-wide levels. -It is of particular importance that thestudy focus on repository-related impacts and not merely develop databases.

A. Economic, fiscal and caommity service impacts

The Contractor shall collect data on demographic, economic, fiscal andcommunity service conditions as the basis for identifying and wherepossible quantifying impacts resulting from repository-relatedactivities. The following impact areas should be addressed, amongothers that the offeror may consider to be appropriate for inclusion ina comprehensive socioeconomic assessment.

1. Demographic impacts

(a) Population, both primary and secondary(b) Residential preferences, canuting patterns, etc.(c) Other

2. OCbmunity serviCe invacts

(a) Education(b) Transportation(c) Utilities(d) Public safety(e) Health, including mental health(f) Other government services, including welfare, LIEAP,

libraries, museums, etc.

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(g) Recreation, Including hunting and fishing(h) Public (and private) housing markets(i) Services provided through informal or formal interpersonal or

cultural arrangements, barter or other non-governmental orquasi-governmental means

(j) other

3. Fiscal Inpacts

(a) Tax structures and revenues(b) Bonding capacity(c) Budgetary patterns and expendituresWd) Other

4. Economic impacts

(a) Employment, both primary and secondary, including labor forcecharacteristics

(b) Incomes, both primary and secondary, including distributionof impacts, respository expenditure patterns, workerconsumption patterns

(c) Unemployment including characteristics of the unemployed(d) Inflation(e) Diversification effects, including ability to attract other

industry(f) Foregone opportunities(g) Impacts on existing industries including agriculture,

forestry, recreation and tourism(h) Property values along transportation routes and in host

community(i) Important non-market or nonr-cash economic activities(j) Other

5. Planning requirements

All of the above classes of impacts should be evaluated in thecontext of planning requirements including those steps necessary toensure that dislocations resulting from the cyclical effects of theproject are minimized. the contractor should consider:

(a) Timing of revenues and expenditures in relation to populationinflux at project cammencement, and in relation to populationexodus after construction and after closure of the facility.

(b) Mhe effects of jurisdictional mismatches on fiscal revenuesand expenditures.

Cc) Commimity functions currently met through mechanisms that donot require formal funding but that would be vulnerable todisruption as a result of repository-related activities.

(d) Other

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B. Social, cultural and psychological impacts

The Contractor shall collect data on social and psychologicalconditions as the basis for identifying and where possible quantifyingimpacts resulting from repository-related activities. 11he followingimpact areas should be addressed, among others that the offeror mayconsider to be appropriate.

1. Social and cultural ipacts

(a) Social organization and social structure including processesand patterns of interaction, important institutions and thenature of local social groups.

(b) Camnunity cohesiveness and stability including relativepresence or absence of anomie and disorganization, levels ofcommunity well-being, viability of formal and informalinstitutions and relationships among local social groups.

(c) Nature of local relationships with the physical environment.(d) Important beliefs, values and ways of life, particularly

those that are unique to the local area and/or might beespecially vulnerable to disruption froa sitecharacterization or repository development.

(e) Trust in local institutions and in those institutions ofbroader society and overall levels of life satisfaction.

(f) Stress levels, especially as compared with those in othercommunities.

(g) Relative self-sufficiency of local individuals, groups andcommunities and the nature of the relations of each with thelarger society.

(h) Other important features of local culture and society.

2. Psychological impacts including mental health characteristics,coping skills, values, etc.

C. the Contractor shall determine the cost of mitigating each identifiedimpact in 2.1.A. and 2.1.B. above to the extent achievable. Impactsfor which monetary values cannot be determined scientifically shall bedescribed and mitigation measures identified with as much precision aspossible. Where no appropriate or sufficient mitigation measures canbe determined, the Contractor shall indicate the reasons. Impactsassociated with deterioration of quality of life or alteration ofcultural patterns shall be equated by the Contractor to the extentpossible to the economic costs of an equitable mitigation.

D. In carrying out the tasks identified above in 2.1.A., 2.1.B. and2.1.C., the Contractor shall identify baseline conditions and actual oranticipated impacts by classification of individuals and socio-demographic groups, and shall indicate how and why such socio-demographic groups were selected. The Contractor shall also takeaccount of impacts which occurred or are predicted to occur as a resultof the construction of the Great Northern-Necoosa, Leaf River Productsplant.

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2.2 Phase I, Objective 2: Impacts of site characterization activities

7h e Contractor shall develop baseline data for 1984 and shall assess,quantify and ccmpute the monetary values of impacts in 2.1.A. and 2.1.B.above which are predicted to occur if the Richton or Cypress Creek saltdone is recoimmended for detailed site characterization by the U. S.Department of Energy.

A. The Contractor shall classify impacts by socio-demographic groups in2.1.D. above, and by geographic areas, including local, multi-countyand statewide data. The Contractor shall indicate how and why thegeographic areas were selected.

B. 7he Contractor shall establish the basis for calculating in-lieu-of taxpayments during site characterization, as authorized in Section 116(c)of the Nuclear Waste Policy Act.

C. The Contractor shall prepare measures for mitigation of, orcaqpensations for, impacts identified above and shall determine theextent to which such impacts are mitigable, as required in 2.1.C.,above.

2.3 Phase I, Objective 3: Preliminary assessment of impacts of construction,operation and decommissioning of a repository

The Contractor shall perform a preliminary assessment of in-pacts to beencountered during the construction, operation and decommissioning phasesif either the Richton or Cypress Creek site is selected by the U. S.Department of Energy for a nuclear waste repository. At a minimum theContractor shall assess the impacts detailed in 2.1.A and 2.1.B above forthe socio-demographic groups and the geographic areas identified in 2.1.Dand 2.2.A above.

A. In addition to the assessment of impacts in 2.1.A. and 2.1.B. above,.* v the Contractor shall carry out a preliminary evaluation of risk

assessments, and the social, psychological, economic-fiscal, health,and other consequences of risks and potential accidents, as detailedbelow:

1. Risk assessment

(a) Assess the validity of U. S. Department of Energy riskestimation analyses. mEmI anticipates that this task willconstitute only a small portion of the overall researcheffort, drawing on published data and analyses of riskassessment procedures, and placing special emphasis on theconfidence that can be placed in the accuracy, caprehen-siveness and certainty of ME estimates.

(b) Assess the likely credibility of ME risk estimates among thepotentially affected populations.

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2. Responses to risks, including risk management

(a) Assess the economic, social, psychological and otherounsequences of risks and uncertainties perceived:by

potentially affected individuals.(b) Identify emergency response capabilities and procedures

necessary to respond to an accident involving the,transportation, handling or disposal of nuclear wastes andevaluate the level of emergency preparedness for suchoccurrences in Mississippi.

(c) Identify alternative transportation routes by road, rail orbarge to the Richton or Cypress Creek sites and assess theneed for new construction, repair, upgrading or maintenanceof such routes to a satisfactory standard for transportationof nuclear wastes.

(d) Identify requirements for monitoring operations, bothoff-site and on-site.

(e) Identify requirements for monitoring health effects onpopulations along transportation routes and in the vicinityof a respository.

3. Effects of release of radionuclides into the enviroament

(a) Identify the social, econamic and other impacts of incidentsor accidents, including worst-case scenarios, involving thetransportation, handling and/or disposal of nuclear waste inMississippi.

(b) Clarify the allocation of liability for accident-relatedcosts or damages among private and public agencies and amonglocal, state and federal governing units.

2.4 Phase II Assessment and quantification of impacts resultng from sitecharacterization, construction, operation and decommissioning ofa repository

If either the Riciton or Cypress Creek salt dome is approved by thePresident for detailed site characterization, the State will be required,pursuant to Section 116.(c) of the Nuclear Waste Policy Act of 1982, toprepare a report on any econaoic, social, public health and safety andenvironmental impacts likely to occur as a result of the development of arespository, in order to receive financial assistance. In order todetermine the appropriate levels of financial assistance, the Contractorshall provide a detailed socioeconanic assessment of those impactsidentified in Objectives 2.1 through 2.3 above. The assessments of thoseimpacts and conditions shall be performed by the Contractor only uponreceipt of written notice from MEMB.

A. 1[he Contractor shall assess, quantify and assign monetary values, tothe extent achievable, to all impacts identified in 2.1.A. and 2.1.B.above.

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B. The Contractor shall complete the evaluation of special inpactsidentified in 2.3.A. above and shall assign appropriate probabilitiesfor incident and accident scenarios as the basis for estimating thepresent value of accident-related costs. In carrying out riskassessments, the Contractor is not expected to replicate or developindependent statistical probabilities of identified accident scenarios.However, the Contractor shall justify the validity of thoseprobabilities adbpted for the study. The Contractor shall make everyeffort to develop scientifically credible methodologies to quantifyperceived risks and their likely consequences.

C. - he Contractor shall propose measures for mitigation of, orcompensation for, impacts identified above and shall determine theextent to which such impacts are mitigable, as required in 2.1.C.above.

3.1 Methodology

A principal objective of this study is to have the most scientificallyvalid results possible, and it is expected that the Contractor Will useaccepted scientific techniques such as models, surveys, control areas orother methods, subject to review and approval by the technical peer reviewpanel and the steering committee described in 1.1 above. The Contractorshall detail study methods to be used and shall indicate how and why suchmethods are scientifically superior to possible alternatives. TheContractor shall also indicate what models, survey instruments,;:etc. are tobe used in the conduct of the study and why they were chosen. If generallyaccepted approaches are rejected, the reasons for such rejection shall bedescribed. The Contractor shall also be required to provide evidence ofthe representativeness, reliability, and validity of all data collected.

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IF-closure No. 2

PUBLIC LAW 97-425-JAN. 7, 1983 96 STAT. 2221

SECTION 116

(c) FINANCIAL AS5sTANCE.-(1XA) The Secretary shall make Grants.grants to each State notified under subsection (a) for the purpose ofparticipating in activities required by sections 116 and 117 or au-thorized by written agreement entered into pursuant to subsection117(c). Any salary or travel expense that would ordinarily be in-curred by such State, or by any political subdivision of such State,may not be considered eligible for funding under this paragraph.

(B) The Secretary shall make grants to each State in which acandidate site for a repository is approved under section 112(c). Suchgrants may be made to each such State only for purposes of enablingsuch State-

(i) to review activities taken under this subtitle with respectto such site for purposes of determining any potential economic,social, public health and safety, and environmental impacts ofsuch repository on the State and its residents;

(ii) to develop a request for impact assistance under para-graph (2;!

(iii) to engage in any monitoring, testing, or evaluation activi-ties with respect to site characterization programs with regardto such site;

(iv) to provide information to its residents regarding anyactivities of such State, the Secretary, or the Commission withrespect to such site; and

(v) to request information from, and make comments andrecommendations to, the Secretary regarding any activitiestaken under this subtitle with respect to such site.

(C) Any salary or travel expense that would ordinarily be incurredby such State, or by any political subdivision of such State, may notbe considered eligible for funding under this paragraph.

(2)(A) The Secretary shall provide financial and technical assist- Constructionance'to any State requesting such assistance in which there is a site authorization.with respect to which the Commission has authorized constructionof a repository. Such assistance shall be designed to mitigate theimpact on such State of the development of such repository. Suchassistance to such State shall commence within 6 months followingthe granting by the Commission of a construction authorization forsuch repository and following the initiation of construction activitiesat such site.

(B) Any State desiring assistance under this paragraph shall Reportprepare and submit to the Secretary a report on any economic, submital.social, public health and safety, and environmental impacts that arelikely as a result of the development of a repository at a site in suchState. Such report shall be submitted to the Secretary following thecompletion of site characterization activities at such site and beforethe recommendation of such site to the President by the Secretaryfor application for a construction authorization for a repository. Assoon as practicable following the granting of a construction authori-zation for such repository, the Secretary shall seek to enter into abinding agreement with the State involved setting forth the amountof assistance to be provided to such State under this paragraph andthe procedures to be followed in providing such assistance.

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96 STAT. 2222 PUBLIC LAW 97-425-JAN. 7,1983

(3) The Secretary shall also grant to each State and unit of generiallocal government in which a site for a repository is approved underjection 112(c) an amount each fiscal year equal to the amount suchState and unit of general local government, respectively, wouldreceive were they authorized to tax site characterization activities atsuch site, and the development and operation of such repository, assuch State and unit of general local government tax the other realproperty and industrial activities occurring within such State andunit of general local government. Such grants shall continue untilsuch time as all such activities, development, and operation treterminated at such site. I

Grants. .(4XA) A State may not receive any gant under paragraph (1) afterlimitations, the expiration of the 1-year period following-

(i) the date on which the Secretary notifies the Governor andlegislature of the State involved of the termination of sitecharacterization activities at the candidate site involved in suchState; i

(ii) the date on which the site in such State is disapprovedunder section 115; or

(iii) the date on which the Commission disapproves an applica-tion for a construction authorization for a repository at suchsite;

whichever occurs first, unless there is another candidate site in theState approved under section 112(c) with respect to which itheactions described in clauses (i), (ii), and (iii) have not been taken.

i(B) A State may not receive any further assistance under para-graph (2) with respect to a site if repository construction activities atsuch site are terminated by the Secretary or if such activities arepermanently enjoined by any court

Funding (C) At the end of the Zyear period beginning on the effective datelimitations. of any license to receive and possess for a repository in a State, no

Federal funds shall be made available to such State. under para-graph (1) or (2), except for-

(i) such funds as may be necessary to support State activitiesrelated to any other repository located in, or proposed to belocated in, such State, and for which a license to receive andpossess has not been in effect for more than 1 year; and

(ii) such funds as may be necessary to support State activitiespursuant to agreements or contracts for impact assistance en-tered into, under paragraph (2), by such State with the Secre-tary driing such 2-year period.

(5) Financial assistance authorized in this subsection shall bemade out of amounts held in the Nuclear Waste Fund established in

Soye. p. 2257. section 302.(d) ADDmoIAL NOTImICAoT AND CONSULTATION.-Whenever the

Secretary is required under any provision of this Act to notify orconsult with the governing body of an affected Indian tribe where asite is located, the Secretary shall also notify or consult with, as thecase may be, the Governor of the State in which such reservation islocated.

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Enclosure No. 3

MM=AATC> TNcrrOMT

2Schnicall

Your proposal should be prepared simply and econamically, providing a straightforward, complete and concise delineation of your capability to, satisfy therequirements of the PFP. The proposal shall include a complete listing of allpersonnel you will use to conduct the required studies and prepare reports.The qualifications, area(s) of expertise and experience of each of thepersonnel to be utilized shall be included with your proposal. Informationfurnished is to be identified and presented in the same sequential order asoutlined below to facilitate uniformity of data for evaluation by the SelectionCommittee. Elaborate brochures or other representations are not required ordesired. Emphasis should be on completeness and clarity of technical,organizational, and management content.

Assemble your proposal in two volumes. Volume I shall contain TransmittalLetter and Technical Proposal including your resume' apppendix. Volume IIshall contain completed and signed Representations and Certifications andfinancial resources data. Follow the instructions located in the transmittalletter of the RFP regarding submission of your proposal. Provide ten (10)copies each of Volume I and Volume II. Nine (9) of the copies shall be devoidof any identifying logos, as representations of the offeror.

ase Limit

The technical proposal section of Volume I, including attachments and exhibits,but excluding the resume' appendix, shall not exceed the page limit of 75standard 8-1/2" by 11" pages, single side. A chart or illustration shall be nolarger than 11" by 17" and shall count as a page. the transmittal letter forVolume I should not exceed two pages.

The person signing your proposal and attendant representations andcertifications must have requisite authority to bind your organization to theterms and conditions of your proposal.

ME']B my solicit information from sources provided within your proposal asreferences, as well as other sources concerning your record of pastperformance, and may use such information in the Evaluation and SelectionProcess.

In your letter of transmittal for Volume I, designate the individual (s) whowill be authorized to represent your organization in negotiations with METB.

Frorammatic Assumpions

This Contract will be incrementally funded. Work performed under the awardedContract will be conducted in two phases. The first phase will be to performthe tasks described in Objectives 2.1 through 2.3 of the Statement of Work. Ifthe Richton or Cypress Creek Dome is recommended and approved for detailed sitecharacterization, the tasks described in Objective 2.4 are to be performed asPhase II.

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TEOICL PROOm

WOUVE I

Information contained in your Technical Proposal will be used by the SelectionCommittee to form the basis for evaluating your capabilities pursuant to theevaluation criteria in Enclosure No. 4. If subcontractors are proposed theywill be evaluated using the same criteria in Enclosure No. 4, for thoseportions of the work to be performed by them. All offerors should submit aTechnical Proposal which conforms to the following instructions:

I. C C APPLYCH

A. A comprehensive discussion that clearly and concisely demonstratesyour understanding of the effort to be undertaken, with particularattention to the methodology you will use to accomplish the Statementof Work described in Enclosure No. 1. You are required to discussalternative methods that could be utilized to accomplish the State-ment of Work. Justifications of your choice of methodology shall beprovided. Your proposal should contain schedules, charts, manpowerprojections, and descriptive text, as described in the Statement ofWork. QE particular importance will be your demonstratedunderstanding of the evaluation criteria set forth in Enclosure No.4. Your proposal shall include a statement of what data require-ments and sources of qualitative and quantitative data will berequired and utilized to accomplish the requirements of the Statementof Work. A data analysis plan should be included in your proposal.

B. Furnish hours by labor category.

II. PEESNNL AD RGQZH

A. Provide a detailed discussion of how the project will be organizedand function within your firm/organization. This discussion willcontain a detailed description of the proposed program organization,including definition of levels of authority, responsibility andaccountability. Differentiate between those elements that willadministratively answer to the program manager and those thatoperationally and technically receive program direction from theprogram manager but are administratively a part of a separate caqpanyelement. The methods to be used to ensure management integration,quality control and timely performance under the contract should bepresented. Provide a summary of key project personnel, their princi-pal areas of expertise, and direct experience with comparableprojects. Describe (1) the organization; (2) the principalinvestigatorCs) and all key contributors' ccomimients to the project;and (3) your estimate of the person-hours to be allocated by each tothe project.

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B. Provide resumes' of the key project staff. Resumes' of ProjectManagers and Business Managers should provide the names, addresses,and telephone numbers of points of contact in the sponsoringorganization that MMEB may contact for reference. These referencespreferably would be organizational counterparts.

III. PRIOR EKEEEI

A. Provide a list of projects of crorarable complexity for which yourorganization had primary responsibility during the past 5 years.Information should be presented in the following manner:

1. Name, address, and telephone number of your client and thename of a responsible representative who may be contacted forconfirmation of data provided; if a government agency, givethe name and address of the dechnical Adninistrator and theContracting Officer and Grant and Contract numbers awarded byany element of government or from private sources.

2. Period during which work was conducted, contracts number, andtitle.

3. Description of the work done by your organization andapproximate cost; the contractual agreement (e.g., oost-type,fixed-price); and names of consultants and subcontractorsused, if any; and specific participation by proposed keypersonnel in each project.

B. Provide a summary of your firm's other experience and demonstratedcapability on similar technical efforts during the past 5 yearswhich you believe provide background experience and qualificationsfor the work described herein. Clearly indicate the extent towhich your firm, and the personnel proposed for this project,actually participated in the described efforts.

C. Provide a statement of your knowledge of the region in which thestudy is to be performed and specifically identify the areas ofexpertise and experience which you have determined to be necessaryto accomplish the tasks assigned in the Statement of Work.

D. Fbr each person to be involved in your research efforts, provide astatement of his/her experience in field research, survey researchand projects such as described in the Statement of Work.

IV. BESS

A. Project Management: Provide a description of your projectmanagement planning and control system for integrating andmonitoring the scope of work, and schedule. Submit a generaldescription and illustration of how you intend to subdivide thepreliminary contract work breakdown structure into individual workpackages for planning and control of contract tasks.

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Describe the methods and procedures to be used for the scheduling,budgeting, and authorization of work packages and the tracking,reporting, and analysis of actual performance against the plans andschedules. Provide a preliminary schedule showing when theproposed tasks will be performed. Submit a description of theChange Control System used to manage changes that affect approvedtechnical, performance measurement, and project budget baselines.

B. Facilities: Provide a brief description of the resources available(such as facilities, equipment, libraries, data banks, etc.)through which information for this effort can be acquired, and yourplans for the use of these resources to achieve the programobjectives.

C. Quality Assurance: Furnish preliminary plans for implementation ofthe quality assurance requirements of this RFP. Also provide alisting of any previous projects done under a formal QA programwithin the past 5 years and resumes' of personnel who will manageyour QA program.

D. Subcontracting

1. Provide a detailed statement of the amount and nature of sub-contracting (or joint ventures) you contenplate for thisContract. If subcontracting, joint ventures,, or outsideconsultants are to be used, give scope of services to be sub-contracted, names, locations of organizations, and thegeneral type of contractual agreement you contemplate.Discuss the planning and control system interfaces andinclude a description of how the subcontractors cost,schedule plans, and performance will be integrated with theContractor's system. Discuss how changes will be approvedand controlled with the subcontractor.

2. Furnish information requested in this Enclosure No. 3 on yourproposed subcontractors, since they will be evaluated usingthe same criteria identified in Enclosure No. 4 for thoseportions of the work to be performed by them.

TEMIECL PROPOSAL

VQUILE II

I. &epresentations and Certifications

Provide a omnpleted and signed copy of the Representations and Certifica-tions set forth in Enclosure No. 6, including the Representation Regard-ing Contract Terms and Technical Data. Include completed and signedRepresentations and Certifications for all major subcontractors.

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II. Financial Resources Data

7he offeror if other than an Agency of the State of Mississippi or aState Institution of Higher Learning is requested to submit the Firm'slatest certified annual report, financial statement, and any otherevidence of your corpany's financial status sufficient to' demonstratecapability to carry out the proposed work.

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Enclosure No. 4

SEETON T3E EEVATION CRITEI

I. Tiechnical Evaluation Criteria

A. Technical approach including the scientific quality of the workproposed, the facility proposed.to accomplish the projectobjectives and the systems to be used to incorporate the varioustechniques and areas of expertise into final reports.

B. Relevant experience and qualifications of the Principal Investiga-tor and other key project team members, including technicalexpertise, disciplinary background and interdisciplinary researchand project management experience.

C. Experience and technical competence of the firm, governient agencyor university (and proposed subcontractors) in ccaparable work,including the past record in performing similiar and relatedefforts.

II. Business Management Evaluation Criteria

A. Proposed project organization, delegations of responsibility,assignment of authority and management plan, including qualityassurance implementation and the ability to place and managesubcontractors.

B. Ability to assign, during the life of the contract, sufficientqualified personnel who have relevant expertise and experience tothe project.

C. Proposed project management system to monitor and integrate thescope of work.

III. Order of Relative TMportance of Evaluation Criteria

[he Technical and Business Management Criteria in Section I. and II.above will be used by the Selection Committee to rate all proposals forthis program. The criteria are listed in descending order of relativeweight, with the Technical Criteria comprising slightly less than twothirds of the total weight. Under Technical Criteria, Item A comprisesapproximately half of the evaluation. Under Business ManagementCriteria, Item A cmprises more than three quarters of the relativeweight.

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' ; b iJ Enclosure No. 5

ME PIOPOSIS , MODIFICATIONS OF PIDEMSLS.TI )DRAdAlS OP PRNos.r ANDt

TECICAL DATA NOTICE

A. Any proposals received at the office designated in the solicitation afterthe exact time specified for receipt will not be considered unless it isreceived before award is made, and;

1. It was sent by registered or certified mail not later than thefifth calendar day prior to the date specified for receipt ofoffers (e.g., an offer submitted in response to a solicitationrequiring receipt of offers by the 20th day of the month must havebeen mailed by the 15th or earlier); or

2. It was sent by mail and it is determined by MEMB that the latereceipt was due solely to mishandling by MEMB after receipt; or

3. It is the only proposal received.

B. Any modification of a proposal, except a modification resulting fromMETB's request for 'best and final' offers, is subject to the sameconditions as in A. above.

C. A modification resulting from MMEB's request for a 'best and final'offer, received after the time and date specified in the request will notbe considered unless received before award and the late receipt is duesolely to mishandling by NE7B after receipt.

D. She only acceptable evidence to establish:

1. .Tlhe date of mailing of a late proposal or modification sent eitherby registered or certified mail is the U. S. Postal Service. Ifneither postmark shows legible date, the proposal or modificationof proposal shall be deemed to have been mailed late. (The term"postmark" means a printed, stamped, or otherwise placed impressionthat is readily identifiable without further action as having beensupplied and affixed on the date of mailing by employees of theU.S. Postal Service.)

2. The time of receipt by MEIB is the stamp of MEMB on the proposalwrapper or other documentary evidence of receipt maintained byMESIB.

E. Nbtwithstanding A., B., and C. of this Provision, a late modification ofan otherwise successful proposal which makes it terms more favorable toME7B will be considered at any time it is received and may be accepted.

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F. Proposals may be withdrawn by written or telegraphic notice received atany time prior to award. Proposals may be withdrawn in person by anofferor or an authorized representative, provided the representative'sidentity is made known and the person signs a receipt for the proposalprior to award.

G. 1ie proposal may include technical data and other data, including tradesecrets and/or privileged or confidential cammercial or financialinformation, which the proposer does not want disclosed to the public orused by lME7B for any purpose other than proposal evaluation. lb protectsuch data, the proposer should specifically identify each page, includingeach line or paragraph thereof, containing the data to be protected andmark the cover sheet of the proposal with the following notice:

NN CE

Ihe data contained in Pages of this proposal havebeen submitted In confidence and contain trade secrets and/orpriviledged or confidential coumercial or financial infbrma-tion, and such data shall be used or disclosed only forevaluation purposes, provided that if a contract is awarded tothis proposer as a result of or In connection with the sub-mission of this proposal, the Mississippi Energy and Transpor-tation Board shall have the right to use or disclose the dataherein to the extent provided in the contract. She restric-tion does not limit the Mississippi Energy and TransportationBoard's right to use or disclose data obtained withoutrestriction from any source, including the proposer.

Data, or abstracts of data marked with this notice will be retained inconfidence and used by MEMB or its designated representative(s) includingState contractors and consultants, solely for the purpose of evaluatingthe proposal. Ihe data so marked will not otherwise be disclosed or usedwithout the proposer's prior written permission except to the extentprovided in any resulting contract, or to the extent required by law.The restriction contained in the notice does not limit the State's rightto use or disclose any data contained in the proposal if it is obtainablefrom any source including the proposer, without restriction. Although itis MME's policy to treat all proposals as confidential, METB and theState of Mississippi assume no liability for disclosure or use ofunmarked data and may use or disclose such data for any purpose.

Even though restricted by the proposer, information submitted in responseto this request may become subject to disclosure pursuant to theMississippi Open Records Laws unless within one of the specificexceptions provided in the Law.

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* a

Should a contract be awarded based on a proposal, it is MEIB's policy, inconsideration of the award, to obtain unlimited rights for the State inthe technical data contained in the proposal unless the prospectivecontractor marks those portions of the technical information which heasserts as proprietary data" or specifies those portions of suchtechnical data which are not directly related to or will not be utilizedin the work to be funded under the contract. The following Clause shallbe included in any contract based on a proposal. This Clause is intendedto apply only to technical data and not to other data such as' privilegedor confidential comercial or financial information.

RIGE S TO PROPOSAL MM

Except for technical data contained on Pages ofthe contractor's proposal dated which areasserted by the contractor as being proprietary data, it isagreed that as a condition of the award of this contract, andnotwithstanding the provision of any notice appearing on theproposal, the Mississippi Energy and Transportation Boardshall have the right to use, duplicate, and disclose, aid haveothers so do for any purpose whatsoever, the technical dataobtained in the proposal upon which this contract is used.

The section of this solicitation which describes the work to be performedalso sets forth METM's currently known requirements for technical data.The Additional Technical Data Requirements Clause included in thissolicitation, provides the State with the option to order additionaltechnical data, the requirements for which are not known at the time ofcontracting.

Accordingly, it is necessary that your proposal state that the work to beperformed and the known requirements for technical data as set forth inthe solicitation have been reviewed, and either state that to the best ofyour knowledge no data will be withheld, or submit a list identifying theproprietary data which, to the best of your knowledge, will likely beused in the contract performance and will be withheld.

In accordance with applicable statutes and regulations (41 CER 9-9,109-6) offerors have the right to request in advance of or within 30 daysafter the effective date of contracting, a waiver of all or any part ofthe rights of the United States in subject inventions.

H. A performance or fidelity bond or the equivalent will be required as acondition of the contract. The scope of coverage under this bond will benegotiated prior to a contract award.

I. It may be determined that it would be advantageous for MEMe to awardseparate contracts for different areas of technical expertise. If this isthe case, then MERB reserves the right to further negotiate withpotential contractors.

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J. MEMB is not liable for any cost incurred by offerors and/or contractorsprior to the issuance of a contract.

K. 2Ie contents of the proposal of the successful offeror may becomecontractual obligations, if a contract ensues. Failure of the successfulbidder to accept these obligations may result in cancellation'of theaward.

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VJ Enclosure No. 6

i,

RMPRESEII!TION REGRMING CONTRACT TEM~S ARD TECFMNC~AL lT

FOl}E aotBL

The offeror hereby accepts in principle the Schedule (Articles), Terms andCOnditions, and Attachments for a reimbursable contract, as set forth inEnclosure No. 7, with the following exceptions:

If noner, so state

List exceptions with explanations on a separate sheet

IEICAL DR

The offeror has reviewed the known requirements for technical data set forth inthis RFP (see Enclosure No. 5) and

( ) to the best of by knowledge, none of these data will be withheld, or

( ) the data listed below will be withheld.

(Cfferor)

By

Title

Date

.

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Enclosure No. 7

SEE MISSISSIPPI ENEEGY AND 7RANSPORI'ATION BOARD

STZE OF MISSISSIPPICOUNTY OF HINDS

M~E7B CON7ACT NO:

oCtal~for

Professional and/or Technical Services

This document is a contract between the MISSISSIPPI ENERGY AND MANSPOREATIONBOARD (herein referred to as tETB) and (herein referred to asto provide services, facilities, personnel, and equipment as specified inparagraph B, Statement of Work,

A. Definitions - Definitions as defined in apply, asappropriate to words within this contract.

B. Statement of Work.

)

1. For the consideration referred to in paragraph E, Consideration andPayment, shall provide MMET with services, facilities, equipment,personnel, and/or materials as specified below:

2. ItemsJVasks

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C. Schedule. Ihe services, facilities, equipment, personnel, and materialsreferred to in paragraph B, Statement of Work, Shall be provided to MMEB byin accordance with the following schedule:

ItWAsk DeliyeQVL=Ietion Date

D. Period of Performance. Ihe period of performance of this contract shallbegin on and end no later than

E. Consideration and Payment.

1. Consideration.MEIB agrees toincurred by

As consideration for the performance of this contractpay $ the direct and indirect costs actuallynot to exceed $ .

2. Payment.-

a. MEMB shall pay, or make payments on, the above mentionedconsideration in accordance with the following schedule orprocedure:

Date or Event Amount

b. In accordance with the above schedule, shall submit to MEMB,in such form and reasonable detail as MEMB may require, invoicessupported by statements of costs incurred by in the per-formance of this contract and, if they are found in order, MMEBshall prcmptly cause payment to be made thereon to

F. Personnel. represents that it has, or will secure at its own expense,all personnel required in performing this contract. Such personnel shallnot be employees of or have any other contractual relationship with MEIB.All of the services required hereunder shall be performed by under mETBsupervision, and all personnel engaged in the work shall be fully qualifiedto the satisfaction of ME7B and shall be authorized as permitted under

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State and local law to perform suchi services. None of the work, or servicescovered by this contract shall be subcontracted without the prior writtenapproval of WMB.

G. Term and Conditions This contract is subject to and incorporates thefollowing terms and conditions:

1. a=rmination f Contract

a. 1Iermination for Convenience of METB.

(1) ME7B may terminate this contract for the convenience of HE7Bat any time by giving a written notice of termination tospecifying the effective date thereof. As directed byHMOT, shall forthwith (a) stop work under this con-tract; (b) place no further purchase orders or subcontracts;(c) cancel or terminate all current purchase orders or sub-contracts; (d) proceed to settle all outstanding liabilitiesand claims arising out of termination of such purchaseorders and subcontracts; (e) dispose of MEMB's propertyin Is possession as directed by METB: and (f) preparefor prompt submission to ME7B, 's termination claim inthe form and with the substantiation reasonably required bySEB.

(2) If the contract is terminated by MEMB as providedherein, will be reimbursed for its expenses actually andreasonably incurred in carrying out and terminating thiscontract, in no case to exceed, however, the estimated totalcost of the contract stipulated in paragraph E, bn!sidera-tion and Payment.

(3) Upon termination, all finished or unfinished materials andequipment prepared by shall, at the option of METB,become the property of MEMB.

b. Termination for Cause.

(1) If, for any cause, shall fail to fulfill in a timely andproper manner its obligations under this contract, or ifshall violate any of the terms of this contract, or if thegrant fram the U. S. Department of Energy under which thiscontract is made is terminated by the U.S. Department ofEnergy, mEMB shall thereupon have the right to terminate

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this contract by giving a written notice of terminationto specifying the effective date thereof. As directedby ME7B, shall forthwith accomplish steps (a) through(f) set forth in sub-paragraph G.l.a. immediately above.

(2) If is unable or unwilling to comply with any addi-tional conditions as may be lawfully imposed by the U.S.Department of Energy or NE¶Bj, under this contract, shallhave the right to terminate this contract by giving writtennotice to ME7B specifying the reason for noncompliance andsignifying the effective date thereof.

(3) In the event of termination of this contract all property,data, studies, and reports purchased or prepared byunder this contract shall, at the option of FEEi, become theproperty of METB. shall be entitled to compensation ofany allowable expenses necessarily incurred in satisfac-tory performance of the contract. Not withstanding theabove, shall not be relieved of liability to ME[B fordamages sustained by MEMB by virtue of any breach of thecontract by . ME7B may withhold any payment tountil sudh time as the exact amount of damages due METBfrom is agreed upon or otherwise determined.

2. Contract Changes. ME7B may, from time to time, request changes in thescope of the services of to be performed hereunder. Such changes,including any increase or decrease in the amount of the compensation,which are mutually agreed upon by and between MEIB and , shall bein writing, signed by the parties of the contract and incorporated aspart of this contract.

3. Travel Expenses, Expenses charged for travel shall not exceed thosewhich would be allowed under the statutory provisions of METB.

4. Publication and Publicity.

a. may publish results of its function and participation pur-suant to this contract without prior review by METB, providedthat (1) such publications acknowledge that the program issupported by funds granted by the U.S. Department of Energythrough MEIB pursuant to the provisions of the State Plan and theFederal laws and regulations governing that plan, and (2) thatthree copies of each publication are furnished to both the U.S.Department of Energy and METB.

b. She acknowledgement will include the U.S. Department of Energygrant number under which the contract is awarded and the METBcontract number.

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c. Any publications printed by as a result of this contract willcontain a statement placed conspicuously on the outside of thepublication stating the cost per copy.

5. Corighfts. If this contract results in a book or other copyrightablematerial, the author is free to copyright the work, but MEMB and theU.S. Department of Energy reserve a royalty-free, nonexclusive andirrevocable license to reproduce, publish, or otherwise use, and toauthorize others to use, all copyrighted material and all materialwhich can be copyrighted resulting from this contract.

6. Patents, Any discovery or invention arising out of or developed inthe course of work aided by this contract shall be promptly and fullyreported to MEMB and to the Secretary of the U.S. Department of Energyfor determination as to whether patent protection on such invention ordiscovery shall be sought and how the rights in the invention or dis-covery, including rights under any patent issued thereon, shall bedisposed of and administered, in order to protect the public interest.

7. Labor Standards.. All laborers and mechanics employed by or any ofits subcontractors in the construction, alteration or repair, includ-ing painting and decorating of projects, buildings and works which arefederally assisted under this contract, shall be paid wages at ratesnot less than those prevailing on similar construction in the localityas determined by the Secretary of Labor in accordance with theDavis-Bacon Act, as amended (40 U.S.C. 276-a-265a-5).

8. Covenant Against Contingent Fees. warrants that no person orselling agent or other organization has been employed or retained tosolicit or secure this contract upon an agreement or understanding ofa caiiission, percentage, brokerage, or contingent fee. For breach orviolation of this warrant, ME7B may impose a liability, in its dis-cretion, to deduct from the compensation, or otherwise recover, thefull amount of such commission, percentage, brokerage, or contingentfee.

9. Discrimnation in Erloyment Prohibited. will not discriminateagainst any employee in the performance of this contract because ofrace, creed, color, sex, or national origin. will take affirma-tive action to ensure that applicants are eaplcyed, and that employeesare treated during employment, without regard to their race, creed,color, sex, or national origin. This requirement shall apply to, butnot be limited to, the following: employment, upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff or termina-tion; rates of pay or other forms of compensation; and selection fortraining, including apprenticeship. In the event that signs anycontract which would be covered by Presidential Executive Order 10925

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(March 6, 1961) or Presidential Executive Order 11114 (June 4,1963), shall include the equal-employment opportunity clausespecified in Section 301 of Presidential Executive Order 10925, asamended.

10. Discrimination Prohibited., No person in the United States shall, onthe grounds of race, creed, color, sex, or national origin, be ex-cluded fran participation in, be denied the proceeds of, or be subjectto discrimination in the performance of this contract. will com-ply with the regulations, promulgated by the Secretary of the U.S.Department of Energy, with the approval of the President, pursuant tothe Civil Rights Act of 1964 (45 CFR Part 1010).

11. Political Activity Prohibited. None of the funds, materials, propertyor service contributed by FETH or under this contract shall beused in the performance of this contract for any partisan politicalactivity, or to further the election or defeat of any candidate forpublic office.

12. Religious Activity Prohibited. There shall be no religious worship,instruction, or proselytization as part of or in connection with theperformance of the contract.

13. Coipliance with Local Laws. shall cmply with all applicable laws,ordinances, and codes of the State of Mississippi and any localgoverments that may be affected by this contract.

14. Reports and InosVctions, shall make financial, program progress,and other reports as requested by MEMB or a representative of the U.S.Department of Energy, and will arrange for on-site inspections by METBand U.S. Department of Energy representatives at the request ofeither. Failure to submit required reports at the times specified inthe contract may cause the contract, at the option of METrB, to beterminated by MEMH.

15. Hold Harmless for Personnel Claims. agrees to indemnify, save andhold harmless MMTB and the State of Mississippi from and against anyand all losses, claims, debts, demands, damages, suits, or actions atlaw, judgements, and costs including attorney's fee, or expenses onthe part of any person whosoever arising out of or attributable to theuse of facilities or equipment provided to under the terms of thiscontract. (THIS CLAUSE NOT USED WITH OTHER STATE ENTITIES)

H. ViolatinsA. Any violation of the Statement of Works Schedule; Period ofPerformance; Consideration and Payment; Terms and Conditions; and/or anySpecial Conditions shall result, at the option of METB, in METB (a) giving30-days written notice to correct any such violations or, (b) cancellingof this contract upon 30-days written notice, or, (c) immediately voidingthis contract by written notice.

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K-,

I. Performance Bond. shalldollars for this Contract.of this Contract.

provide a performance bond of $Proof of bond shall be furnished at the signing

of

WIMNESS THE SIG!MURES CF THE PARTIES, this the day: of

, 1984.

MmISSISSI ENEFGY AND 5ANSFO ION BORD

Wilbur G. BallExecutive Director

Date

Witness

Date

Witness

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