EP 1110-3-8
9 Apr 04
community members of the RAB and the contractor could lead to problems if the community
members direct the assistance provider to conduct work not identified in the purchase order
agreement. Therefore, either the district Contracting Officer or the COR must be present during
any such discussions.
(5) Step Five Assistance Provided. When the government purchase order is awarded, the
selected independent contractor will work with the community members of the RAB/TRC
through the COR to provide the requested assistance.
(6) Step Six Reporting. Each RAB/TRC that receives TAPP must submit a report to the
district procurement and contracting office at project completion. This report must
indicate, by fiscal year, the amount of TAPP funds obligated and evaluate for each project
whether or not the TAPP assisted the community in participating in the restoration program. The
final report must document TAPP project activities over the entire period of support and must
describe achievements with respect to stated TAPP project purposes and objectives. Additional
reporting requirements for the district Commander are explained in paragraph 3-11.
e. Appeals.
(1) Disagreements may occur between the USACE staff and the RAB/TRC community
members at several points during the TAPP process. For instance, the district Commander may
deny an application for TAPP because the budget cannot accommodate the cost near the end of a
fiscal year, or the proposed TAPP project may be ineligible because it does not meet the
eligibility criteria, or the RAB/TRC community members may dispute the findings of the district
Contracting Officer regarding the proposed provider. It is in the best interest of USACE and the
community members of the RAB/TRC to avoid disputes and to work cooperatively to resolve
potential differences of opinion. In the event that a dispute arises, the community members of
the RAB/TRC may wish to appeal the district Commander's decision. The following general
operating principles apply when a RAB/TRC wishes to appeal a decision:
(a) Inherently governmental functions, such as the procurement process governed by the
FAR, are not subject to appeal.
(b) Eliminating disagreements and roadblocks should be emphasized.
(c) Appeals should be resolved quickly.
(d) Appeals should be resolved at the lowest level possible.
(e) Appeals should be resolved within the Army.
(2) Typically, the appeals process begins with the district Commander (15-day review);
then to the MSC Commander (30-day review); then to the Director of Military Programs,
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