NEPA Considerations in Department of the Army Procurement of Construction
Abstract
The procurement of construction involves the integration of the National Environmental Policy Act with Army construction planning and programming regulations and the Federal Acquisition Regulations. Unfortunately, there is no single source which provides a basic guide to their integration. Consequently, too often a disconnect occurs between those who either understand only the environmental aspects of, or those who understand only understand the procurement aspects of, a proposed construction project. The National Environmental Policy Act and its implementing regulations require, in pertinent part, the Department of the Army to conduct an environmental analysis and document the results as part of the planning process. Once a construction proponent completes the planning process, it must program the construction, i.e., have the project approved and funded. Subsequently, the proponent must contract for the construction in accordance with a written acquisition plan drafted pursuant to the Federal Acquisition Regulation. The disconnect manifests itself in a situation in which those involved in the environmental analysis and documentation fail to provide enough detail to enable contracting officers to reduce the matters contained therein into specific contract requirements. The genesis of the problem is not with the various authorities, i.e., if the construction proponent follows their requirements the problem will not exist. Rather, the origin of the problem stems from those who are responsible for the environmental analysis and documentation failing to appreciate that the matters contained therein will ultimately have to be reduced to specific contract requirements. Part of the problem is that Judge Advocates who are reviewing the analysis and documentation lack the same appreciation. This thesis reviews the salient provisions of the applicable authorities, identifies how they interrelate, reveals the various problems associated with the disconnect,
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1996
- Accession Number
- ADA444443
Entities
People
- Randall J. Vance
Organizations
- The Judge Advocate General's Legal Center and School