Declaration of Tara Evans — State of Missouri, et al. v. Joseph R. Biden, Jr., et al., No. 4:21-cv-01300 (Doc. 9-11)

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The Declaration of Tara Evans, Vice President and General Counsel for the University of Wyoming, filed 11/04/21 as Doc. 9-11 in State of Missouri, et al. v. Joseph R. Biden, Jr., et al., No. 4:21-cv-01300, in the U.S. District Court for the Eastern District of Missouri. Evans states that the University has about eighteen federal contracts and subcontracts for a total of $1.9 million and approximately 125 active cooperative agreements for a total of approximately $138 million. Evans describes notices from the prime contractor Leidos and from the National Science Foundation applying Executive Order 14042 to the University’s agreements. The declaration lists projects it says could lose funding, among them the King Air Facility, and states the University has approximately 2,846 benefited and 3,555 non-benefited employees.

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Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 1 of 7 PagelD #: 359

EXHIBIT
Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 2 of 7 PagelD #: 360

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

EASTERN DIVISION
STATE OF MISSOURL, et al.,
Plaintiffs,
V. No. 4:21-cv-01300

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

Defendants.

DECLARATION OF TARA EVANS

Pursuant to 28 U.S.C. § 1746, I hereby declare that the foregoing is true and correct:

1. lam Vice President and General Counsel for the University of Wyoming. In that capacity,
[ am Chief legal advisor for the University, Board of Trustees, President and University officers
and administrators. I manage all litigation matters involving the University. I am also a resident
of Wyoming and am over the age of majority. I have personal knowledge of all facts stated in this
declaration.

2. The University of Wyoming, which is a State entity, has a number of federal contracts,
including cooperative agreements and subcontracts, with various federal agencies that are either
up for a renewal or extension or expected to be awarded to the University in the near future.

3. Currently, the University approximates it has eighteen federal contracts and subcontracts
for a total of $1.9 million.

4. A federal contract with the Department of the Army and a federal subcontract with Sandia
National Laboratories are currently above $250,000 and the University is expecting additional

funding for those agreements in the future. In addition, the University has a separate federal
]
Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 3 of 7 PagelD #: 361

subcontract with Sandia National Laboratories which is less than $250,000 but the University 1s
expecting additional funding as part of that agreement in the near future which will increase the
amount to over $250,000.

5. The University has approximately 125 active cooperative agreements for a total of
approximately $138 million.

6. Approximately fifty-three of the 125 cooperative agreements are currently above $250,000
which accounts for approximately $132 million of the total funding.

7. On October 18, the University received a notice from one of its prime contractors, Leidos,
indicating that to receive an extension of its subcontract past December 23, 2021, the University
is required to sign Modification #2, which incorporates the requirements of Executive Order
14042. The research supported under this proposal is aimed at identifying and securing a domestic
source of rare elements from Wyoming coal basins. Rare earth elements are necessary for a wide
range of products including cellular devices, computer hard drives, electric vehicles, flat-screen
monitors, magnets, and significant national defense applications such as electronic displays
guidance systems, lasers, and radar. Today most rare earth elements (>85%) are sourced and
processed in China. Identifying and securing a domestic supply of rare earth elements is important
to national and energy security. The Leidos modification includes language that the University
will comply with all federal guidance and FAQ’s published by the Safer Federal Workforce Task
Force, which includes the requirement that covered contractor employees be fully vaccinated no
later than December 8. Leidos is insisting the University sign the agreement despite this
subcontract being under the $250,000 threshold amount. The Leidos contract supports salary for
three research scientists at the University’s School of Energy Resources and has funded one

graduate student. Leidos did not give a specific date that the University must sign the modification,
Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 4 of 7 PagelD #: 362

but made it clear that the University must comply to maintain the current contract. Since the
subcontract does not meet the EO threshold amount of $250,000, the University has requested a
delay in compliance until March 1, 2022, but has not yet received an answer from Leidos.

8. On October 25, the University received an email notice from the National Science
Foundation that it will be implementing EO 14042 in all of its cooperative agreements, including
existing cooperative agreements by amendment. The language adopts the federal guidance but
limits its applicability to subawards that exceed the $250,000 threshold. The University’s King
Air Facility would be affected by this change and is among those up for incremental funding in
August 2022. The King Air Facility is a National Atmospheric Research Facility that runs
numerous deployments for National Science Foundation investigators nationally and
internationally. The University is also developing a new research aircraft that will enhance the
University’s climate, severe weather, and wildfire smoke impact research capabilities and is
expected to be available for deployments in 2023. In addition to the research, the King Air is a
nationally critical facility for lower atmospheric research. The cooperative agreement fully funds
16 employees and partially funds six employees. All of this would be jeopardized if the University
does not receive the incremental funding. The National Science Foundation notice stated
specifically that they have updated their Cooperative Agreement Financial and Administrative
Terms and Conditions to implement EO 14042 and that the revised Terms and Conditions will
apply to all new cooperative agreements and funding amendments to existing cooperative
agreements made on or after October 25, 2021.

9. The University’s Established Program to Stimulate Competitive Research (EPSCoR)
projects are under National Science Foundation cooperative agreements. In August 2022, the

University expects to receive an amendment and a potential new award of $4,190,348 between the
Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 5 of 7 PagelD #: 363

two University lead projects. If the University does not receive this funding, it will affect a total
of 54 employees (postdoctoral researchers, graduate students, undergraduate students and staff);
subawards with other institutions of higher education, a Wyoming Community College and a small
business; and collaborations with the Wyoming Wind River Reservation and industry.

10. The University has a federal contract with the Department of the Army for funding on a
multi-year project to install and monitor Mesonet sites in Wyoming which connect as part of the
Upper Missouri River Basin Plains Snowpack and Soil Monitoring Station. This project has a
maximum ceiling of $8,000,000, and if the University were to lose funding to complete the project
it will have state and national impacts on proper weather monitoring. The full establishment of the
network will have significant economic value along with the improved climatic and hydrologic
data for Wyoming and the nation. The data from the network will be of great value to hydrologic
and climate researchers at the University and nation and greatly improve the ability to work with
State and Federal partners in addressing water resource management needs in Wyoming. The
University has not received an official notice regarding incorporation of EO 14042 on this federal
contract, but anticipates notice within the next couple months related to its next task order, which
includes funding for three Mesonet sites.

11. The University has a number of other federal contracts that currently are under the
$250,000 threshold but as they are renewed will be over the threshold. The University anticipates
receiving notices to comply with EO 14042 on these contracts, including a contract with Sandia
National Laboratories in December 2021 and May 2022 that involves advanced grid modeling and
an atmosphere to electrons (A2e) program. The loss of these federally funded projects would
result in loss of positions at the University, loss of time on critical research areas, loss of research

educational opportunities for students, and would have state and national impacts.
Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 6 of 7 PagelD #: 364

12. As of October 25, the University has approximately 2,846 total benefited employees and
3,555 total non-benefited employees (of these non-benefitted employees, approximately 1,726 are
student employees who are taking some credit hours at the University).

13. A large portion of these employees could be impacted by the federal contractor
requirements due to the portion of the mandate that those on campus who interact with the
University employees working on, or in connection with, a federal covered contract are subject to
the federal requirements.

14. Per the guidelines, these interactions could take place even in common areas such as a
parking garage, lobby, and elevators resulting in a potentially broad application.

I declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge.

Executed on this 4th day of November 2021.

Tara Evans
Vice President and General Counsel
University of Wyoming
Case: 4:21-cv-01300-DDN Doc. #: 9-11 Filed: 11/04/21 Page: 7 of 7 PagelD #: 365


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