Declaration of Andrew Armacost (Exhibit J) — State of Missouri v. Biden (Eastern District of Missouri)

Summary

Exhibit J, Doc. 9-10, filed November 4, 2021 in State of Missouri, et al. v. Joseph R. Biden, Jr., et al., No. 4:21-cv-01300-DDN, in the U.S. District Court for the Eastern District of Missouri, is the declaration of the President of the University of North Dakota submitted in support of the plaintiffs' Motion for Preliminary Injunction. It describes a subcontract with Leidos, Inc. under a Department of Energy prime contract and a subcontract with Applied Research Associates under a General Services Administration prime contract. The declaration states that each prime contractor asked UND to accept FAR 52.223-99 under Executive Order 14042. It lists the funding UND states it would lose, including $1,000,000 and $700,000 of currently authorized project funding, and says UND holds over 125 additional federally funded contracts and cooperative agreements valued at more than $100,000,000.

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Case: 4:21-cv-01300-DDN Doc. #: 9-10 Filed: 11/04/21 Page: 1 of 5 PageID #: 354




             EXHIBIT
                J
Case: 4:21-cv-01300-DDN Doc. #: 9-10 Filed: 11/04/21 Page: 2 of 5 PageID #: 355




                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE EASTERN DISTRICT OF MISSOURI
                                 EASTERN DIVISION

   STATE OF MISSOURI, et al.,

                   Plaintiffs,

                          v.                             No. 4:21-cv-01300

   JOSEPH R. BIDEN, JR., et al.,

                   Defendants.




                          DECLARATION OF ANDREW ARMACOST

       1.      My name is Dr. Andrew Armacost, and I am the President of the University of

North Dakota. I am also a resident of North Dakota and over the age of majority. I have

personal knowledge of the facts in this declaration, and those facts are true and correct to the

best of my knowledge.

       2.      I submit this declaration to provide documentation for Plaintiffs’ Motion for

Preliminary Injunction.

       3.      The University of North Dakota (UND) Energy & Environmental Research

Center (EERC) has entered into Indefinite Delivery, Indefinite Quantity Subcontract No.

P010227025 with Leidos, Inc. (Leidos), to provide support for Leidos’s work under Prime

Contract No. 89243318CFE000003, that has been issued by United States Department of

Energy National Energy Technology Laboratory (NETL).

       The Subcontract’s period of performance is from May 31, 2019, through December 30,

2023. In the two-and-a-half years since the contract was placed, Leidos has contracted with


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UND to perform sixteen projects in the total amount of $9,020,262. In the coming years, the

EERC anticipates additional project collaborations with Leidos and NETL that would be

valued at tens of millions of dollars.

       On Monday, October 18, 2021, Leidos provided the EERC with a modification to

include FAR 52.223-99 entitled “Ensuring Adequate Covid-19 Safety Protocols for Federal

Contractors (Oct 2021) (Deviation)” as a mandatory flow-down clause. Leidos stated that this

clause was mandated by the Federal Government as a result of Executive Order 14042

“Ensuring Adequate COVID Safety Protocols for Federal Contractors.” On Tuesday

November 2, 2021, the EERC received a request from Leidos requesting a status update on

whether the EERC would execute the required modification.

       Should this contract be terminated, UND would lose approximately: 1. $1,000,000 of

currently authorized project funding; 2. $800,000 of future incremental funding; and 3.

multiple millions in anticipated future projects under this existing agreement. Should UND

lose this funding, this would negatively impact energy research, development, and

commercialization in North Dakota and the United States. In addition, multiple positions might

need to be cut.

       Should this contract be modified, UND would incur substantial financial expenses to

administer, enforce, and create policies around a vaccine mandate for employees. It is also

anticipated that UND will lose employees as a result of instituting a vaccine mandate, and may

be faced with litigation by employees, making it difficult or impossible to carry out UND’s

critical mission of developing critical research for North Dakota and the United States.

       4.         UND has entered into Indefinite Delivery, Indefinite Quantity Subcontract No.

S-G30002-IDIQ-30-UND (Subcontract) with Applied Research Associates (ARA), for the

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UND Research Institute for Autonomous Systems (RIAS) to provide support for ARA’s work

under Prime Contract No. GS00Q14OADU304, issued by United States General Services

Administration (GSA).

       The Subcontract’s period of performance is from May 07, 2021, through September

29, 2025. On Wednesday, October 20, 2021, ARA provided UND with a new Task Order

under the Subcontract, to include FAR 52.223-99 entitled “Ensuring Adequate Covid-19

Safety Protocols for Federal Contractors (Oct 2021) (Deviation)” as a mandatory inclusion.

ARA stated that this clause was mandated by the Federal Government as a result of Executive

Order 14042 “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” On

Tuesday November 2, 2021, UND received a request from ARA requesting a status update on

when UND would execute the new Task Order. On Tuesday, November 2, 2021, UND asked

for clarification regarding the timeline expected for compliance with EO 14042.

        Should UND be unable to accept and execute this Task Order, UND would lose

approximately: 1. $700,000 of currently authorized project funding; 2. $1,100,000 of future

incremental funding under this Task Order; and 3. multiple millions in anticipated future Task

Orders under this Subcontract. Should UND lose this funding, this would negatively impact

augmented reality research in North Dakota and the United States.

       5.      Moreover, UND holds over 125 additional active federally funded contracts

and cooperative agreements valued at more than $100,000,000 and outstanding proposals for

federal contracts and cooperative agreements valued in excess of $30 million. While UND has

not yet received requests to modify these additional agreements, each would be subject to

modification and/or the inclusion of FAR 52.223-99 in any renewals. UND is a global leader

in energy, aviation, space, UAS/autonomy, medical, national security, big data and other

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