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Second Appeal Brief
PA ID# 025-00000; Municipality of Caguas
PW ID# 05014; Road Embankment Washout
Citation: FEMA-1247-DR-PR, Municipality of Caguas, PW 05014
Cross-reference: Road embankment washout; sidewalk, curb, gutter and safety wall repair; Improved projects
Summary: Following Hurricane Georges, FEMA approved Project Worksheet (PW) 05014 for $14,382 to remove debris and replace a sidewalk, curb, gutter and safety walls. Fourteen months after the project was completed the Applicant appealed to the Governors Authorized Representative (GAR) for an additional $25,592. On June 25, 2001, the GAR transmitted the first appeal to FEMA and on August 6, 2001, the Disaster Recovery Manager denied the appeal because it was not submitted in a timely manner in accordance with Title 44 CFR §206.206 (c) (1). In addition, the Disaster Recovery Manager considered the work accomplished to be an improved project; therefore, no additional funds were authorized for work performed outside the approved scope of work.
In the second appeal, the Applicant denies the project was an improved project and states that the increased costs were due to differences in unit costs and quantities. We have reviewed the Applicants second appeal and it appears that the Applicant made improvements to the facility that significantly increased the cost of the project.
Issues: 1. Should FEMA review the scope of work for this small project?
2. Is the project an improved project?
Findings: 1. No. The approved PW accurately described the damaged facility and the scope of work to repair it.
Rationale: 44 CFR §206.203 (c) (2) and (d) (1)