[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR203.3]

[Page 370-371]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 203_TECHNICAL ASSISTANCE FOR PUBLIC PARTICIPATION (TAPP) IN DEFENSE 
 
Sec. 203.3  Definitions.

    As used in this part, the following terms shall have the meaning set 
forth:
    Affected. Subject to an actual or potential health or environmental 
threat arising from a release or a threatened release at an installation 
where the Secretary of Defense is planning or implementing environmental 
restoration activities including a response action under the 
Comprehensive Environmental Response Compensation and Liability Act as 
amended (CERCLA), corrective action under the Resource Conservation and 
Recovery Act (RCRA), or other such actions under applicable Federal or 
State environmental restoration laws. This would include actions at 
active, closing, realigning, and formerly used defense installations. 
Examples of affected parties include individuals living in areas 
adjacent to installations whose health is or may be endangered by the 
release of hazardous substances at the facility.
    Applicant. Any group of individuals that files an application for 
TAPP, limited by this part to community members of the RAB or TRC.
    Application. A completed formal written request for TAPP that is 
submitted to the installation commander or to the identified decision 
authority designated for the installation. A completed application will 
include a TAPP project description.
    Assistance provider. An individual, group of individuals, or company 
contracted by the Department of Defense to provide technical assistance 
under the Technical Assistance for Public Participation program 
announced in this part.
    Assistance provider's project manager. The person legally authorized 
to obligate the organization executing a TAPP purchase order to the 
terms and conditions of the DoD's regulations and the contract, and 
designated by the provider to serve as the principal contact with the 
Department of Defense.
    Community Co-chair. The individual selected by the community members 
of the RAB/TRC to represent them.
    Community member. A member of the RAB or TRC who is also a member of 
the affected community. For the purpose of this part, community members 
do not include local, State, or Federal government officials acting in 
any official capacity.
    Community point of contact. The community member of the RAB or TRC 
designated in the TAPP application as the focal point for communications 
with the Department of Defense regarding the TAPP procurement process. 
The community point of contact is responsible for completing the 
reporting requirements specified in Sec. 203.14 of this part.
    Contact. A written agreement between the installation or other 
instrumentality of the Department of Defense and another party for 
services or supplies necessary to complete the TAPP project. Contracts 
include written agreements and subagreements for professional services 
or supplies necessary to complete the TAPP projects, agreements with 
consultants, and purchase orders.
    Contracting officer. The Federal official designated to manage the 
contract used to fulfill the TAPP request by the RAB or TRC.
    Contractor. Any party (e.g., Technical Assistance Provider) to whom 
the installation or other instrumentality of the Department of Defense 
awards a contract. In the context of this part, it is synonymous with 
assistance provider.
    Cost estimate. An estimate of the total funding required for the 
assistance provider to complete the TAPP project.
    DoD Component. The military services including the Army, Navy, 
Marine Corps, and Air Force and those defense agencies with an 
environmental restoration program.
    DoD Component Deputy Assistant Secretary. The individual in the 
office of the Secretary of the Army, Navy, Air Force responsible for 
making environmental decisions for their component or the director of 
the Defense Agencies.
    DoD Installation. A facility that is controlled or operated or 
otherwise possessed by a department, or agency of the United States 
Department of Defense within the United States and its territories. In 
the context of this part,

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formerly used defense sites (FUDS) are included within the definition of 
a DoD Installation.
    DoD RAB Co-chair. The individual selected by the installation 
commander, or equivalent, to serve as the installation co-chair of the 
RAB, represent DoD's interests, serve as liaison with community RAB 
members, and advocate RAB concerns within the installation staff.
    EPA. The United States Environmental Protection Agency.
    Firm fixed price contract. A contract wherein funding is fixed, 
prior to the initiation of a contract, for an agreed upon service or 
product.
    Formerly Used Defense Site (FUDS). A site that has been owned by, 
leased to, possessed by, or otherwise under the jurisdiction of the 
Department of Defense. The FUDS program does not apply to those sites 
outside U.S. jurisdiction.
    Purchase order. An offer by the Government to buy supplies or 
services from a commercial source, upon specified terms and conditions, 
the total cost of which cannot exceed the small purchase limit of 
$100,000. Purchase orders are governed by Federal Acquisition 
Regulations (FAR) (48 CFR part 13), and the Simplified Acquisition 
Procedures (SAP).
    Restoration Advisory Board (RAB). The RAB is a forum for 
representatives of the Department of Defense, local community, and EPA 
and/or State, local, and tribal officials to discuss and exchange 
information about the installation's environmental restoration program. 
The RAB provides stakeholders an opportunity make their views known, 
review progress and participate in dialogue with the decision makers.
    Statement of Work. That portion of a contract which describes the 
actual work to be done by means of specifications or minimum 
requirements, quantities, performance dates, time and place of 
performance, and quality requirements. It is key to any procurement 
because it is the basis for the contractor's response and development of 
proposed costs.
    TAPP approval. Signifies that the Department of Defense has approved 
the eligibility of the proposed TAPP project and will, subject to the 
availability of funds, undertake an acquisition to obtain the services 
specified in the TAPP application submitted by the RAB or TRC. The 
government will conduct the acquisition in accordance with all of the 
applicable rules and requirements of the FAR and the SAP. Approval does 
not constitute an agreement to direct an award to a specific source if 
such an action would be contrary to the FAR.
    TAPP project description. A discussion of the assistance requested 
that includes the elements listed in Section 203.10 of this part. The 
project description should contain sufficient detail to enable the 
Department of Defense to determine the nature and eligibility of the 
project, identify potential providers and estimate costs, and prepare a 
statement of work to begin the procurement process.
    Technical assistance. Those activities specified in Sec. 203.10 of 
this part that will contribute to the public's ability to provide input 
to the decision-making process by improving the public's understanding 
of overall conditions and activities. Technical assistance may include 
interpreting technical documents; assessing technologies; participating 
in relative risk evaluations, understanding health implications; and, 
training.
    Technical assistance does not include those activities prohibited 
under Section 203.11 of this part, such as litigation or underwriting 
legal actions; political activity; generation of new primary data such 
as well drilling and testing, including split sampling; reopening final 
DoD decisions or conducting disputes with the Department of Defense; or 
epidemiological or health studies, such as blood or urine testing.
    Technical Review Committee (TRC). A group comprised of the 
Department of Defense, EPA, State, and local authorities and a public 
representative of the community formed to meet the requirements of 10 
U.S.C. 2705(c), the Department of Defense Environmental Restoration 
Program. Primarily functioning to review installation restoration 
documents, these committees are being expanded and modified at 
installations where interest or need necessitates the creation of a RAB.

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