TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER d: LOW-LEVEL RADIOACTIVE WASTE/TRANSPORTATION
PART 605
STANDARDS FOR SELECTION OF CONTRACTORS
Section
605.10 Scope
605.20 Number of Contractors; Use of Subcontractors
605.30 Financial Integrity
605.40 Experience of the Firm; Performance History Requirements
605.50 Management Qualifications of the Firm
605.60 Qualifications of the Employees of the Firm
605.70 Socioeconomic Merit of Proposal
605.80 Method of Disposal
605.90 Procedures for Soliciting Proposals
605.100 Waiver of Requirements
605.110 Verification of Statements; Material False Statements
605.120 Performance Guaranty
AUTHORITY: Implementing and authorized by Section 5 of the Illinois Low-Level
Radioactive Waste Management Act (Ill. Rev. Stat. 1987, ch. 111�, pars. 241-
5).
SOURCE: Adopted at 12 Ill. Reg. 4176, effective February 4, 1988.
Section 605.10 Scope
This Part sets out the standards the Director of the Department of Nuclear
Safety (Director) will use when selecting a contractor for the design,
development, construction, operation, and closure of the low-level radioactive
waste disposal facility envisioned by the Illinois Low-Level Radioactive Waste
Management Act. (The Act) (Ill. Rev. Stat. 1987, ch. 111�, pars. 241-et seq.)
The Department of Nuclear Safety (Department) will issue a Request for
Proposals for the project. It is the intent of the Department that the
project will be awarded to the proposer whose proposal, based on the standards
of this Part, will result in a low-level radioactive waste disposal facility
that furthers the interests of the State of Illinois, as stated in Section 2
of the Illinois Low-Level Radioactive Waste Management Act. Illinois is a
member of the Central Midwest Interstate Low-Level Radioactive Waste Compact,
and has been designated as the host state for a regional low-level radioactive
waste disposal facility. Therefore, when selecting the proposal which will
suit Illinois' needs, the Director will also evaluate the proposal with
respect to implementation of policies and recommendations adopted by the
Central Midwest Interstate Low-Level Radioactive Waste Compact Commission, to
the extent that those policies and recommendations are not inconsistent with
Illinois standards as expressed by the Illinois Low-Level Radioactive Waste
Management Act and 32 Ill. Adm. Code 340, 341, 400, and 601.
Section 605.20 Number of Contractors; Use of Subcontractors
a) The Director shall initiate contract negotiations with the single
proposer or joint venture that has submitted the overall contract
proposal which best conforms to the standards specified in this
Part. However, if, based on the criteria stated in this Part, the
Director determines that none of the proposals submitted will
serve the interests of the State of Illinois, as stated in Section
2 of the Illinois Low-Level Radioactive Waste Management Act, the
Director shall not be required to accept any of the proposals. A
time limit of one hundred and eighty (180) days has been
established as the allowable negotiation period. If the
negotiations are not completed within this period, the Director
may extend the negotiation period with the selected proposer.
Furthermore, if a contract cannot be negotiated with the first
proposer selected, the Director may either initiate contract
negotiations with another proposer or reissue the Request for
Proposals. The Director reserves the right to terminate
negotiations prior to the end of the negotiation period or extend
negotiations thereafter.
b) When evaluating proposals, the Director shall consider the
proposed use of subcontractors and consultants. Specifically, the
Director shall determine, based on the criteria set out in this
Part, whether the proposed use of subcontractors and consultants
will further the interests of the State of Illinois, as stated in
Section 2 of the Illinois Low-Level Radioactive Waste Management
Act. The Director shall not select any proposal which calls for
the subcontracting of facility operation. Subcontractors will be
evaluated against the same standards as contractors, but only to
the extent that such standards apply to the specific
responsibilities assigned to the subcontractor as set out in the
proposal.
Section 605.30 Financial Integrity
a) The proposer who is selected to be contractor shall establish that
it has the financial resources necessary to design, develop,
construct, operate, and close the low-level radioactive waste
disposal facility. In addition, the proposer must have resources
sufficient to meet the contractor's obligations regarding closure
and post-closure (32 Ill. Adm. Code 601.300 - 601.320). Further,
because it is likely that the low-level waste disposal facility
will receive mixed waste (i.e., waste that has both radioactive
and hazardous components), when evaluating the financial integrity
of the proposers, the Director shall establish whether the firm is
capable of meeting the financial requirements of 35 Ill. Adm. Code
724. Specifically, the Director shall negotiate a contract only
with a proposer that is capable of meeting either of the following
two financial tests:
1) Test One: The proposer must have:
A) Two of the following three ratios:
i) a ratio of total liabilities to net worth less
than 2.0;
ii) a ratio of the sum of net income plus
depreciation, depletion and amortization to
total liabilities greater than 0.1;
iii) a ratio of current assets to current liabilities
greater than 1.5; and
B) Net working capital and tangible net worth each at
least six times the sum of the closure and post-
closure costs estimates contained in the proposal; and
C) Tangible net worth of at least $10 million; and
D) Assets in the United States amounting to at least 90
percent of its total assets or at least six times the
sum of the closure and post-closure estimates
contained in the proposal.
2) Test Two: The proposer must have:
A) A current rating for its most recent bond issuance of
AAA, AA, A or BBB as issued by Standard and Poor or
Aaa, Aa, A or Baa as issued by Moody; and
B) Tangible net worth at least six times the sum of the
closure and post-closure cost estimates contained in
the proposal; and
C) Tangible net worth of at least $10 million; and
D) Assets located in the United States amounting to at
least 90 percent of its total assets or at least six
times the sum of the closure and post-closure cost
estimates contained in the proposal.
b) When evaluating whether a proposer is capable of satisfying the
financial requirements of 32 Ill. Adm. Code 601.300 - 601.320, the
Director shall consider:
1) The proposer's current assets and liabilities;
2) The proposer's short-term and long-term debt;
3) The proposer's credit rating;
4) The most recent Form 10K and all Form 10Qs since the last
10K that the proposer (or if more than one firm is
proposing, all proposers) has filed with the United States
Securities and Exchange Commission;
5) If proposer has not filed a Form 10K with the United States
Securities and Exchange Commission, audited financial
statements for the past three fiscal years and quarterly
financial reports for the past 2 years;
6) Court decisions, decrees or agreements that have been issued
or that are pending, which could adversely affect the
financial well-being of the company;
7) Whether the proposer has ever initiated bankruptcy
proceedings, either voluntary or involuntary as well as the
time and performance of the proposer since the proceedings;
and
8) Any additional information provided by proposer.
c) When determining whether a proposer is capable of satisfying the
financial requirements of 32 Ill. Adm. Code 601.300, 601.320, the
Director shall apply the accounting standards of the Financial
Accounting Standard Board of the American Institute of Certified
Public Accountants, certified as of June 1, 1987, exclusive of
subsequent amendments or editions."
Section 605.40 Experience of the Firm; Performance History Requirements
a) The Director shall select as contractor a proposer who has demon-
strated an ability to design, develop, construct, operate, and
close a low-level radioactive waste disposal facility which
incorporates the best available management technologies which are
economically reasonable, technologically feasible and
environmentally sound. (Section 6 of The Act) When evaluating
whether a proposer has demonstrated this ability, the Director
shall evaluate the proposer's experience developing and operating
a low-level radioactive waste storage, treatment, or disposal
facility. If a proposer does not have experience in both the
development and operation of a low-level radioactive waste
disposal facility, the Director shall evaluate the proposer's
experience as either a low-level radioactive waste disposal
facility developer or as a disposal facility operator, or the
proposer's experience in radioactive materials management,
hazardous materials management, nuclear fuel cycle facility
design, construction, or operation, or other related experience
presented by the proposer.
b) The proposer shall provide a complete performance history of its
activities as described in subsection (a). When evaluating the
proposer's experience, the Director shall consider for each
project:
1) general information about the project, including:
A) the facility and its location;
B) the capacity of the facility;
C) the actual performance of the facility;
D) the type of storage, treatment or disposal method
used;
E) the proposer's role in the project (i.e., design,
construction, operation);
F) project incitation and completion dates;
G) current facility status, and, if closed, the reason
for closure;
H) the proposer's client;
I) current facility manager business address and phone;
2) the complexity and scope of the previous project, such as,
but not limited to, the previous projects' budget, duration,
staffing and regulatory complexity;
3) the success of the project, i.e., whether the proposer met
the objectives of the project in a timely manner, without
exceeding anticipated costs and in a manner consistent with
regulatory requirements as well as whether the client was
satisfied with the proposer's performance;
4) whether the proposer has ever forfeited a performance bond
or neglected to fulfill contract responsibilities;
5) whether the proposer has ever initiated or defended
litigation arising from the activities, as described in the
performance history, as well as the nature and outcome of
such litigation;
6) the proposer's history with respect to licensing and
regulatory compliance, including any record of safety
violations or other compliance problems; and
7) any other information provided by the proposer.
Section 605.50 Management Qualifications of the Firm
The Director shall select as a contractor a proposer who possesses and will
apply the project management resources, procedures, and expertise necessary to
assure that the low-level radioactive waste disposal facility will be
designed, developed, constructed, operated, and closed according to the
schedule contained in the proposal. To evaluate whether a proposer meets the
requisite management qualifications, the Director will review the proposed
system of management and cost and quality control, the proposer's record of
experience and expertise in managing projects of similar magnitude and scope
and the proposed project schedules and resources dedicated to accomplishment
of each task and the proposed system of quality control checks, financial
controls, cost accounting procedures, and efficient use of time and personnel,
by evaluating such things as the proposer's schedule of completion against
statutory deadlines and also by examining the proposer's estimated costs. The
Director will also review the organizational chart submitted by the proposer,
which shall identify the key management positions in the project, the
responsibilities assigned to each position, the chain of responsibility in the
project management team, and the procedures that would be used to assure
accountability and control of all phases of the project. In addition, the
Director shall consider any other information provided by the proposer.
Section 605.60 Qualifications of the Employees of the Firm
a) Because the contractor and its subcontractors will be responsible
for performing a variety of activities, as set forth in this Part
and Part 601, ranging from designing a facility to negotiating
plans for impact assistance with local governments, when selecting
a contractor to design, develop, construct, operate and close a
low-level radioactive waste disposal facility, the Director will
only select a proposer that has or will obtain a qualified staff
which will be assigned to the project and which meets the
requirements listed below. The employee qualifications below are
minimum requirements for the contractor and must be met
collectively by the contractor's staff; the qualifications need
not be met by a single individual.
1) Project Manager
A) The contractor selected shall have an identified
individual (or individuals) who will act as Project
Manager for the designing, development, construction,
operation, and closure of the low-level radioactive
waste disposal facility.
B) The Project Manager will be required to work with the
Department to ensure that the project is proceeding in
accordance with the provisions of the contract and in
accordance with the requirements of the Illinois Low-
Level Radioactive Waste Management Act.
C) The Project Manager will also be responsible for
organizing, managing, and coordinating the staff of
both the contractor and the subcontractors. To assure
that the Project Manager is capable of fulfilling
these responsibilities, the Project Manager must have
previous managerial experience on a project of similar
magnitude and complexity (i.e., project of similar
budget, duration, staffing, and regulatory
complexity). The Project Manager must have been
manager of a project which involved supervision of at
least 30 professional (engineering or other technical)
employees. Additionally, the Project Manager must be
familiar with federal, state and local requirements
applicable to radio-active or hazardous waste
disposal, or with radioactive materials licensing.
The Project Manager's familiarity with these
regulatory requirements shall have been obtained
through involvement on previous projects.
2) Senior Project Engineer. The Senior Project Engineer will
be responsible for approving all engineering plans, designs,
drawings, reports, specifications and other engineering
documents on behalf of the contractor. Therefore, the
Senior Project Engineer shall:
A) Be a Registered Professional Engineer registered in
Illinois by the Department of Registration and
Education in accordance with The Illinois Professional
Engineering Act (Ill. Rev. Stat. 1987, ch. 111, pars.
5101 et seq.), or be a Registered Professional
Engineer in another state and be eligible for
reciprocal registration within six months; and
B) Have been a senior engineer on at least 2 other
engineering projects of similar complexity and
magnitude as the proposed project (i.e., project of
similar budget, duration, staffing and regulatory
complexity). Preference will be given to proposers
who designate as a senior engineer an individual who
has worked on a project for the design, development,
or remediation of a radioactive waste disposal
facility.
3) Mechanical Engineer. If the proposer's plan requires the
services of a mechanical engineer, the mechanical engineer
shall:
A) Be a Registered Professional Engineer registered in
Illinois by the Department of Registration and
Education in accordance with The Illinois Professional
Engineering Act, or be a Registered Professional
Engineer in another state and be eligible for
reciprocal registration within six months; or
B) Have a degree in mechanical engineering and at least
five years experience as a mechanical engineer.
4) Geotechnical or Civil Engineer. The geotechnical or civil
engineer shall:
A) Be a Registered Professional Engineer registered in
Illinois by the Department of Registration and
Education in accordance with The Professional
Engineering Act, or be a Registered Professional
Engineer in another state and be eligible for
reciprocal registration within six months; or
B) Have a degree in geotechnical or civil engineering and
at least five years experience as a geotechnical or
civil engineer.
5) Structural Engineer. The Structural Engineer will be
responsible for designing structural components of the
facility. To be able to accomplish this task the structural
engineer will have to be knowledgeable in reinforced
concrete design and construction. At a minimum, the
individual identified to perform these responsibilities
shall:
A) Be a Registered Structural Engineer registered in
Illinois by the Department of Registration and
Education in accordance with The Structural
Engineering Act (Ill. Rev. Stat. 1987, ch. 111, pars.
6501 et seq.), or be a Registered Structural Engineer
in another state and be eligible for reciprocal
registration within six months; and
B) Shall have at least ten years of experience in
reinforced concrete design and construction.
6) Geohydrologist. The proposer selected as contractor shall
have a geohydrologist knowledgeable in geologic
interpretation and hydraulic transport of contaminants
through soil or other porous material. The geohydrologist
shall either:
A) Hold a Master's Degree in geology or hydrogeology, and
have at least five years experience as a
hydrogeologist; or
B) Hold a Bachelor's degree in geology, and have at least
eight years of experience as hydrogeologist.
7) Environmental Scientist. The proposer selected as
contractor shall have an environmental scientist who:
A) Holds an advanced degree (Ph.D., M.A., or M.S.) in
Environmental Science or related natural or physical
science; and
B) Has at least five years experience in evaluation and
mitigation of environmental impacts.
8) Health Physicists
A) During the design, development and planning of
operation of a low-level radioactive waste disposal
facility, the full time services of a health physicist
will be required to establish compliance with the
requirements of 32 Ill. Adm. Code 310, 330, 341, 400,
and 601. The health physicist will be responsible for
developing and implementing an environmental
monitoring plan, preparing an emergency response plan,
and assisting the contractor in the design and
development of a disposal facility which incorporates
the best available technology which is economically
reasonable, technologically feasible and
environmentally sound. (Section 6 of The Act) In
order to assure that the health physicist available to
the contractor is competent to fulfill these
responsibilities, the contractor selected must have a
health physicist whose services will be dedicated to
the project and who meets one of the following:
i) Is certified by the American Board of Health
Physics, 800 W. Parkdrive, Suite 400, McLean,
Va., 22102, in accordance with that
organizations standards for certification in
effect on January 1, 1988. A copy of these
standards is available from the Department;
ii) Holds a Doctorate (Ph.D.) in health physics,
medical radiological physics or physics, and has
at least three years of applied radiation
protection experience; or
iii) Holds a Master's (M.S., M.A.) degree in health
physics, or physics, and has at least five years
of applied radiation protection experience.
B) Operation. During the operation of the low-level
radioactive waste disposal facility, health physicists
will be needed to conduct personnel monitoring, per-
form environmental monitoring, inspect packages
received for disposal, and perform the responsibili-
ties of a Radiation Safety Officer. In order to
assure that the health physicists available to the
contractor are capable of performing duties necessary
to establish compliance with the requirements of 32
Ill. Adm. Code 340 and 601, the contractor selected
must have health physicists whose services will be
dedicated, i.e., a full-time employee on site, to the
operation of the low-level radioactive waste disposal
facility. In addition, the health physicists must
either:
i) Be certified by the American Board of Health
Physics, 800 W. Parkdrive, Suite 400, McLean,
Va., 22102, in accordance with that
organizations standards for certification in
effect on January 1, 1988. A copy of these
standards is available from the Department;
ii) Hold a Doctorate (Ph.D.) in health physics,
physics, or natural or physical science, and
have at least three years of applied radiation
protection experience;
iii) Hold a Master's (M.S., M.A.) degree in health
physics, physics, or natural or physical
science, and have at least five years of applied
radiation protection experience; or
iv) Hold a Bachelor's (B.S., B.A.) degree in health
physics, physics, or natural or physical
science, and have at least eight years of
applied radiation protection experience.
9) Radiochemist. The contractor will be required to operate an
on-site radiochemistry laboratory. This laboratory will be
used to analyze incoming radioactive materials as well as
samples obtained in the process of environmental monitoring.
The radiochemist will be responsible for managing this
laboratory and performing chemical analyses. In order to
ensure that the contractor will be able to fulfill its
obligation to provide radiochemistry support services, the
proposer selected must have a radiochemist who:
A) Holds an advanced degree (Ph.D., M.A., M.S.) in
radiochemistry or chemistry; and
B) Has at least five years experience working in a
radiochemistry laboratory.
10) Community Liaison. The community liaison will be
responsible for involving all segments of the public in the
decision making surrounding the development, operation,
closure, and post-closure phases of the facility and will
also be responsible for establishing a long-term local
citizens' advisory group. To ensure that the community
liaison is capable of fulfilling these responsibilities, the
proposer selected must have a community liaison who will be
assigned to this project and who either has:
A) An advanced degree (Ph.D., M.S., M.A.) in public
administration or a related field, e.g., public
affairs, or technology and public policy, and a
minimum of three years experience in conducting public
participation programs, particularly those involving
the siting of locally controversial land uses, such as
prisons or landfills; or
B) A Bachelor's degree (B.A., B.S.) in public
administration or a related field and a minimum of
five years experience in conducting public
participation programs, particularly those involving
the siting of locally controversial land uses.
11) Support Services
A) Comptroller - The contractor shall dedicate to the
project the full-time services of a comptroller
experienced in managing projects of similar budget
size and complexity of the proposed project. The
comptroller shall hold a degree in accounting and
shall have at least five years experience.
B) Information Management Services Staff. The contractor
will be responsible for developing and maintaining
computerized record keeping systems which tracks
generators, container contents, shippers, dates,
certifications, treatments, package characteristics,
special disposal requirements and location of
containers in disposal units. These computerized
record keeping systems must be compatible with the
Department's systems. To ensure that the contractor
is capable of fulfilling this responsibility, the
proposer shall have an information management
specialist who has training in the development and
maintenance of a mainframe computer system. The
information management specialist shall hold a
Bachelor's or graduate level degree in computer
science or information management and shall have at
least three years of computer programming experience.
b) The Director shall evaluate the qualifications of any other
project staff identified by the proposer in its proposal. When
determining whether such staff is qualified to perform the
responsibilities as identified in the proposal, the Director will
evaluate staff qualifications as characterized by the proposer in
the proposal. In addition, the Director will evaluate the
qualifications specified by the proposer for positions which have
been identified but not yet filled in order to determine whether
the proposer anticipates filling vacant positions with individuals
competent to perform assigned tasks. The Director also will
evaluate the proposer's procedures for hiring qualified
replacements when the identified staff leave the employ of the
proposer.
Section 605.70 Socioeconomic Merit of Proposal
The proposer who is selected to be contractor for the design, development,
construction, operation, and closure of the low-level radioactive waste
disposal facility will be required to develop a plan which, if executed, would
assure that the community hosting a low-level radioactive waste disposal
facility would realize benefits. In order to ensure that the contractor
selected is capable of developing such a plan, the Director will evaluate the
proposed plan for identifying and addressing local concerns, providing public
information and a forum for public involvement, and designing and negotiating
programs for incentives and compensation to the host community.
a) Public Information Plan. The Director shall evaluate the
proposer's public information plan by establishing whether the
plan contains the following:
1) A program for explaining both the potential risks and
benefits associated with low-level radioactive waste
disposal and the proposer's approach for minimizing the
risks;
2) A method for effectively identifying all interested or
potentially affected parties; and
3) A plan for development and distribution of sufficient,
accurate, and understandable informational materials to
permit and encourage public participation in the site
development process.
b) Local Involvement Plan. The Director shall evaluate the local
involvement plan to establish that the proposer selected as
contractor is capable of and willing to ascertain and respond to
the matters of particular concern to each county or municipality
which has been selected as a potential host community. When
evaluating the adequacy of local involvement plans, the Director
will review:
1) The proposer's plan for:
A) Guaranteeing the property value of land contiguous to
the facility;
B) Establishing or encouraging compatible economic or
other activities in the vicinity of the facility;
C) Preserving the local revenue attributable to property
taxes on the land which will be used for the facility;
D) Preparing an economic and community development plan;
E) Providing local residents with appropriate training
and jobs at the facility;
F) Procuring goods and services locally;
G) Assuring procedures for local oversight of and
participation in facility operation and development,
including independent or cooperative monitoring and
access to information regarding facility operations;
H) Assuring that third party liability and remedial
action funds are available to meet reasonably
foreseeable contingencies as described in the plan
required under Section 605.80(b)(5);
I) Guaranteeing that the selling price of local produce
is not adversely affected due to the presence of the
disposal facility;
J) Enhancing the human and natural environment in the
vicinity of the facility by establishing recreational
facilities, wildlife preserves, natural areas or
similar land uses;
K) Employing a substantial number (approximately 100) of
permanent workers in professional, clerical, skilled
or semi-skilled positions, with employment efforts
directed at hiring local residents;
L) Soliciting input from local officials regarding
concerns associated with hosting the disposal
facility; and
M) Accommodating other requests and responding to other
concerns that may be raised by the counties and
municipalities where the alternative sites will be
located.
2) The proposer's plan for addressing technical matters of
local concern, including the following:
A) Facility design;
B) Facility construction schedules, plans and procedures;
C) Facility operating procedures;
D) Monitoring systems and procedures;
E) Emergency, remedial action and closure plans;
F) Long-term care and maintenance plans;
G) Control and routing of transport of low-level
radioactive waste to the facility; and
H) Solicitation of input from local officials regarding
technical and procedural concerns associated with
design, construction, operation, monitoring, and
closing a low-level radioactive waste disposal
facility.
Section 605.80 Method of Disposal
The Director shall select as a contractor a proposer who is capable of
designing, constructing, operating, and closing a low-level radioactive waste
disposal facility that does not incorporate the use of shallow land burial or
deep well injection and that will further the objective of providing for the
management of these wastes in the safest manner possible and in a manner that
creates the least risk to human health and the environment of Illinois
(Section 2(b) of The Act). For purposes of this Section, shallow land burial
has the same definition as in the Illinois Low-Level Radioactive Waste
Management Act (Section 3 of The Act). The Director will establish whether a
proposer is capable of designing such a facility by evaluating a reference
facility design submitted by the proposer as part of its proposal. The
reference facility design shall briefly and concisely describe for
consideration by the Director the proposer's concept of the best available
technology that is economically reasonable, technologically feasible, and
environmentally sound for the disposal of low-level radioactive waste. The
reference facility design need include schematic drawings and narrative
descriptions only in sufficient detail to permit an evaluation by the
Department of the technical merit of the design and the knowledge and
expertise of the proposer. The reference facility design shall specifically
address the role and performance of the engineered features in enhancing long-
term isolation, monitoring, retrievability, or remedial action and minimizing
exposure to personnel. Reference facility designs shall be evaluated
according to the following criteria:
a) Disposal Facility Design
1) To determine whether the proposer has demonstrated an
ability to meet the design constraints of 32 Ill. Adm. Code
601 and the time constraints of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021(b), as amended by P.L. 99-
240 (1985)), and the Illinois Low-Level Radioactive Waste
Management Act, the Director will request each proposer to
submit a reference facility design.
2) To make this determination, the Director will then evaluate
the reference design to determine whether the proposer has
applied the following criteria:
A) Incorporation of multiple engineered features to
provide structural integrity, prevent release of
material from engineered containment, and provide
radiation shielding;
B) Incorporation of design elements that reduce the
amount of waste on site and not permanently disposed
of and that minimize the time waste is held on site
prior to disposal;
C) Promotion of worker safety, including minimization of
worker radiation dose to as low as is reasonably
achievable;
D) Disposal capacity sufficient to accommodate the
anticipated waste volume;
E) Ability of the facility to accommodate waste which is
of unusual volume or shape;
F) Ability of the facility to accommodate mixed waste
(i.e., waste which has both radioactive and chemically
hazardous components); and
G) Flexibility to accommodate waste streams and volumes
not currently identified.
b) Operating Plan. When evaluating the proposer's operating plan,
the Director will evaluate the adequacy of the proposer's
procedures for:
1) Inspection of packages;
2) Treatment of wastes for disposal;
3) Personnel monitoring;
4) Environmental monitoring, specifically monitoring of air,
groundwater, and soil;
5) Contingency planning;
6) Maintaining records of the source and type of waste received
for disposal; and
7) Continual in situ testing of the design and construction of
disposal units, research and development of improved methods
of disposal, and application of those methods.
c) Closure Plan. The Director will evaluate the adequacy of the
proposer's plan for satisfying the closure requirements of 32 Ill.
Adm. Code 601.150, 601.160, 601.220, 601.250, and 601.260.
Section 605.90 Procedures for Soliciting Proposals
a) The Department shall issue a Request for Proposals for contractors
to design, develop, construct, operate, and close a low-level
radioactive waste disposal facility.
b) The deadline for receiving proposals shall be no earlier than 60
days from the date that the proposal announcement is first
published in the official state newspaper.
c) All proposals received by the Department by the submission date
set forth in this Request for Proposals will be catalogued and
distributed by the Department for review and evaluation. All
proposals will then be reviewed by the Director, departmental
staff, and such experts outside the Department as the Director may
designate. Following the receipt of proposals, the Director will
review all proposals with respect to completeness and conformance
with the instructions and requirements specifically indicated in
this Request for Proposals. Proposals that are deemed incomplete
or non-conforming with instructions and requirements of the
Request for Proposals may not be given further evaluation. The
Director reserves the right to reject any or all proposals and to
waive any irregularity, variance, or informality, whether
technical or substantive in nature. All proposals will be equally
evaluated with respect to the completeness of the data provided,
the support for the performance claims made, and the criteria
established for evaluation in the Request for Proposals according
to the Illinois Low-Level Radioactive Waste Management Act, and
rules promulgated pursuant thereto.
d) The Director shall reject, without consideration of the merits,
any proposal which is not accompanied by an acceptable one million
dollar ($1,000,000.00) proposal guaranty. The proposal guaranty
is acceptable if it is in any of the following forms:
1) A certified check, drawn on a solvent commercial bank or
trust company to the order of the Illinois Department of
Nuclear Safety;
2) A bank check, drawn on a solvent commercial bank or trust
company, to the order of the Illinois Department of Nuclear
Safety;
3) An irrevocable letter of credit issued by a solvent
commercial bank or trust company; or
4) A bond executed by a corporate surety company authorized to
do business in the State of Illinois.
e) All proposal guaranties shall:
1) Be valid for at least 180 days from the proposal submission
date;
2) Be extended at the Director's request for an additional
period, up to 365 days, without cost to the Department. The
Director would request that proposal guarantees be extended
if either:
A) No proposer was selected as a contractor within the
180 day period, or
B) A proposer was selected, but contract negotiations
were not completed within the 180 day period.
3) Be returned, within 5 business days after execution of a
contract for the design, development, construction,
operation, and closure of the low-level radioactive waste
disposal facility.
f) Failure of a successful proposer to execute the contract as
proposed in his response to the Request for Proposals and file
acceptable bonds within 45 days after the contract has been mailed
to him shall be just cause for cancellation of the award and the
forfeiture of the proposal guaranty which shall become the
property of the Department, not as a penalty, but in liquidation
of the damages sustained. If the contract is not executed by the
Department within 30 days following receipt from the proposer of
the executed contracts and bonds, the proposer shall have the
right to withdraw his proposal without penalty.
Section 605.100 Waiver of Requirements
The Director shall waive any requirement of this Part if the specific
objective the requirement is intended to achieve has been met or exceeded by
an alternative which does not fulfill the requirement itself.
Section 605.110 Verification of Statements; Material False Statements
a) When evaluating proposals, the Director may request and consider
the advice and knowledge of others, such as representatives of
local government, other state agencies and technical engineering
consultants, in order to verify the validity of statements made in
the proposal and to evaluate the proposer's efforts to satisfy the
standards of this Part.
b) The Director shall not select as contractor any proposer who
submits a proposal which contains material false statements or
material omissions. A false statement or omission is material if
it prevents the Director from making an informed and accurate
assessment of the proposer's ability to meet the criteria of this
Part.
Section 605.120 Performance Guaranty
The successful proposer, at the time of the execution of the contract, shall
deposit with the Department a performance guaranty in a form acceptable to the
Department for the full amount of the contract. The performance guaranty
shall be acceptable to the Department if it is of a type listed in Section
605.90(c). At the contractor's request, the amount of the performance
guarantee shall be reevaluated and adjusted to reflect the costs of performing
remaining contract obligations, upon the submission of application, the
granting of licensing, the completion of construction, and the acceptance of
waste for disposal. Guaranty amounts will be forfeited by the contractor if
the contractor fails to perform its obligations as specified in the terms of
the contract. Any guaranty amounts not forfeited before the first disposal
module shall be released by the Department upon closure of the first disposal
module.
