[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: 32CFR203.5]

[Page 372-374]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 203_TECHNICAL ASSISTANCE FOR PUBLIC PARTICIPATION (TAPP) IN DEFENSE 
 
Sec. 203.5  TAPP process.

    This section provides an overview of the TAPP process. Specific 
details referred to in this section can be found in subsequent sections 
of this part.
    (a) TAPP funding. Funding for this TAPP program will come from the 
Environmental Restoration Accounts established for Army, Navy, and Air 
Force for operational installations. The funding for Defense Agencies' 
operating installations will be from the Defense-Wide Environmental 
Restoration Account. Funding will be from the component's base closure 
account for transferring or closing installations. Funding for Formerly 
Used Defense Sites will come from the Environmental Restoration Account 
established for Formerly Used Defense Sites. After justification of the 
TAPP proposal, each DoD Component will make funds available from their 
individual installation's environmental restoration or BRAC accounts, 
considering a number of factors related to the restoration program at 
the installation and its impact upon the community. These factors 
include, but are not limited to:
    (1) Closure status.
    (2) Budget.
    (3) Installation restoration program status.
    (4) Presence (or absence) of alternate funding.
    (5) Relative risk posed by sites at the installation.
    (6) Type of task to be funded.
    (7) Community concern.
    (8) Available funding.
    (b) Identification of proposed TAPP project. Eligible applicants of 
RABs and TRCs, established in Sec. 203.7 of this part, should determine 
whether a TAPP project is required to assist the community members of 
the RAB or TRC to interpret information regarding the nature and extent 
of contamination or the proposed remedial actions. Eligibility 
requirements for TAPP projects are described in Sec. Sec. 203.10 and 
203.11 of this part. In keeping with the requirements of 10 U.S.C. 
2705(e), the RAB or TRC must be able to demonstrate that the technical 
expertise necessary for the proposed TAPP project is not available 
through the Federal, State, or local agencies responsible for overseeing 
environmental restoration at the installation, or that the selection

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of an independent provider will contribute to environmental restoration 
activities and the community acceptance of such activities. In addition, 
the Department of Defense encourages the RAB or TRC to seek other 
available sources of assistance prior to submitting a request for TAPP 
in order to preserve limited resources. These sources include DoD's 
installation restoration contractor, or other DoD contractors or 
personnel, EPA or state regulatory personnel, volunteer services from 
local universities or other experts, or assistance from state and local 
health and environmental organizations.
    (c) TAPP project request. The RAB or TRC should notify the 
installation of its intent to pursue TAPP upon the determination that 
other sources of assistance are unavailable or unlikely to contribute to 
the community acceptance of environmental restoration activities at the 
installation and should prepare a formal request specifying the type of 
assistance required and, if desired, one or more sources for this 
assistance. Details concerning this request are stated in Sec. 203.9 of 
this part. The RAB or TRC must certify to the Department of Defense that 
the TAPP request represents a request by a majority of the community 
members of the RAB or TRC. The RAB or TRC should ensure that the request 
meets the eligibility requirements specified in Sec. Sec. 203.10 and 
203.11 of this part. Furthermore, the RAB or TRC may outline additional 
criteria for the Department of Defense to consider in the selection of a 
provider (such as knowledge of local environmental conditions or 
specific technical issues, a prior work history within the study area 
which has relevant specific circumstances or unique challenges, or other 
relevant expertise or capabilities), keeping in mind that providers must 
meet the minimum technical qualifications outlined in Sec. 203.12 of 
this part. The formal request should be submitted to the installation 
commander or designated decision authority, either directly, or through 
the DoD RAB Co-chair. The installation commander, or other designated 
decision authority, will review the proposed project to determine 
whether the proposed project conforms to the eligibility requirements. 
If the installation commander, or other designated authority, fails to 
approve the project request, the rationale for that decision will be 
provided to the RAB/TRC in writing.
    (d) Purchase orders. Upon receipt of a completed TAPP request, the 
installation will begin the procurement process necessary to obtain the 
desired services by means of a purchase order or will forward the 
request to the contracting authority designated by the DoD Component to 
act for that installation. The government is required to follow the 
rules and regulations for purchase orders as outlined in the FAR (48 CFR 
part 13). As a result, the government cannot direct awards to a 
specified supplier unless the procurement is under $2,500, and then only 
if the cost is comparable to other suppliers. For procurements over 
$2,500 but under $100,000, the acquisition is reserved for small 
businesses, unless there is a reasonable expectation that small 
businesses could not provide the best scientific and technological 
sources consistent with the demands of the proposed acquisition for the 
best mix of cost, performance, and schedules. Furthermore, the award 
must be on a competitive basis. In addition to proposing potential 
providers, the application for technical assistance may indicate 
specific criteria or qualifications that are deemed necessary by the 
RAB/TRC for the completion of the project to their satisfaction. This 
information will be used to assist the Department of Defense in 
preparing a bidders list. The Department of Defense will solicit bids 
from those providers meeting the criteria and will select a provider 
offering the best value to the government. Should the procurement 
process identify a qualified respondent other than the proposed 
provider(s) identified by the RAB/TRC or fail to identify any qualified 
respondents, the RAB/TRC will be consulted prior to the award of a 
purchase order. If the Department of Defense determines that the TAPP 
request represents an eligible project for which no funds are available, 
it will ask the RAB or TRC to specify whether the project should be 
reconsidered upon the availability of additional funds.

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    (e) Reporting requirements. The applicant must assure that copies of 
delivered reports are made available to the Department of Defense and 
must comply with the reporting requirements established in Sec. 203.14 
of this part.