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Second Appeal Brief
PA ID# 025-00000; Municipality of Caguas
PW ID# 00762, 00191, 02257; Jose Abadia Road
Citation: FEMA-1247-DR-PR; Municipality of Caguas, Jose Abadia Road; PWs 00762, 00191, 02257
Cross-reference: Time Limitations for Appeal Submittal
Summary: Hurricane Georges severely impacted the Commonwealth of Puerto Rico on September 21, 1998, causing damage to Jose Abadia Road in the Municipality of Caguas (Municipality). The Municipality submitted three PWs for repairs of two road sections and contracted to repair the road for $58,760. PW 00762 was validated and approved on January 19, 1999 in the amount of $45,829. On February 29, 2000, the Municipality requested a cost overrun of $12,931 from the Governors Authorized Representative (GAR). The GAR informed the Municipality on April 3, 2000, that cost overruns for small projects were not considered on an individual basis. Rather, the cumulative cost overrun for all of the Municipalitys small projects would be considered. The Municipality submitted a first appeal on August 30, 2000. The Manager of FEMAs Caribbean Area Office denied the appeal in a letter dated November 30, 2000, stating that the appeal was not submitted within the regulatory time allowed in 44 CFR §206.206. The Municipality submitted its second appeal in a letter dated August 14, 2001, again past the regulatory time allowed in 44 CFR §206.206. It stated that the actual final cost of the projects qualified as a large project because the additional work was necessary as it came up during the construction process and there was a difference between the originally approved unit costs and quantities and the ones bidded on by the contractors.
Issues: Was the appeal submitted within the regulatory timeframe? Are the additional costs eligible?
Findings: No. No.
Rationale: 44 CFR §206.206; 44 CFR §206.205; Section 422 of the Stafford Act