TAPP Rule Description

[Lenny Siegel <lsiegel@cpeo.org>]

TAPP Rule Description

The Department of Defense final rule, "Technical Assistance for Public
Participation (TAPP) in Defense Environmental Restoration Activities,"
appeared in the Federal Register February 2. The full text is available
on the World Wide Web at
http://frwebgate1.access.gpo.gov/cgi-
bin/waisgate.cgi?WAISdocID=388976521+20+0+0&WAISaction=retrieve.
(Note that the Web "URL" should be on one line.)

The TAPP rule implements a concept proposed by the Federal Facilities
Environmental Restoration Dialogue Committee in its 1993 Interim Report
and legislated by Congress in the fiscal year 1995 Defense Authorization
Act. It is designed to provide technical assistance to the community
members of Restoration Advisory Boards (RABs) and Technical Review
Committees (TRCs) at active, closing, and former Defense installations.
Funding at each installation will come the account that pays for cleanup
there.

Availability of assistance is subject to language passed by Congress in
the fiscal year 1996 Defense Authorization Act. TRCs and RABs may
request this assistance only if:
(1) The TRC or RAB demonstrates that the Federal, State, and local
agencies responsible for overseeing environmental restoration at the
installation and DoD personnel do not have the technical expertise
necessary for achieving the objective for which the technical assistance
is to be obtained; or
(2) The technical assistance--
 (a) Is likely to contribute to the efficiency, effectiveness, or
timeliness of environmental restoration activities at the installation;
and
 (b) Is likely to contribute to community acceptance of environmental
restoration activities at the installation.

RABs and TRCs with three or more community members may apply for
technical assistance by filing an application containing a certification
that a majority of the body supports the request. According the rule's
preamble, "The principal requirement for the RABs in applying for
technical assistance is to develop a project that meets their needs in
understanding some aspect of the installation's restoration program."
The application should include descriptions or the project type and
"purpose and description of the project, including descriptions, time
and locations of products or services desired." The applicants may also
recommend a service provider - that is, an independent environmental or
health consultant - as well as put forward specific qualifications or
criteria to be used in the selection of the provider.

The rule's sections on eligible and ineligible activities make it clear
that the purpose of the assistance is to provide independent technical
resources to the community members of the RAB or TRC. Providers may
review and interpret documents, participate in risk or health
assessments, evaluate remedial technologies, and provide technical
training. Assistance may not support litigation, political activity, or
the generation of new environmental or epidemiological data. Community
outreach activities are to be funded from other portions of the
installation's cleanup budget.

Unless the Secretary of the armed service (or equivalent official)
issues a waiver, total TAPP funds for an installation may not exceed
$100,000. In any given year, the amount is limited to the lesser of
$25,000 or one percent of the projected cost to complete cleanup at the
installation. (Thus, if the estimated cost to complete is $2.5 million
or greater, the annual cap is $25,000. This probably is the case for
most installations with active RABs.)

The actual procurement of technical services will be by installation
purchase order follow the Federal Acquisition Regulations. Procurements
below $2,500 may be awarded without competition, but those between
$2,500 and $100,000 must go up for bid to small businesses: "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."

In response to concerns that installations might unfairly contravene the
preferences of RAB members, the final rule has added a new provision to
those in the December, 1996 proposed rule: an appeals process. Each
armed service (or other Defense organization) will establish an appeal
process based on the applicable hierarchical structure: "Appeals will be
considered within the chain-of-command, and, in general, will be
resolved at the lowest level possible. The highest level of appeal will
be at the DoD Component Deputy Assistant Secretary level with authority
over the DERP [Defense Environmental Restoration Program] and BRAC [Base
Realignment and Closure] environmental programs. Inherently governmental
functions, such as the procurement process governed by the FAR, are not
subject to appeal."

Lenny Siegel
Director, SFSU CAREER/PRO (and Pacific Studies Center)
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org