PA ID# 000-U0169-00; Guadalupe Blanco RIver Authority
PW ID# 850; Contract Services and Force Account Labor Costs
FEMA-1425-DR-TX, Guadalupe Blanco River Authority, PW 850, Contract Services and Force Account Labor costs
Procurement, Force Account labor costs
As a result of flooding (declared July 4, 2002) the Guadalupe Blanco River Authority sustained damage to the TP-4 dam spillway gates. The Applicant requested that the Lower Colorado River Authority (LCRA) assist with time-sensitive preliminary permanent repairs to the spillway gates. Later, the Applicant used force account labor to perform construction inspection and supervisory activities and to assist the private contractor with the final permanent repairs. The final version of the PW disallowed $24,985.29 in costs paid to LCRA because the Applicant did not follow proper procurement procedures, as well as $31,650.16 in force account labor costs because of a determination that the work was not disaster related. The Applicant filed a first appeal on November 15, 2005. FEMA denied the first appeal on the basis that the Applicant did not follow proper procurement procedures and that the Applicant did not adequately document the labor costs. On June 2, 2006, the Applicant filed a second appeal with FEMA.
1. Are the emergency repair contract costs reasonable? 2. Are the force account labor costs claimed by the Applicant directly related to the performance of eligible work?
1. Yes 2. Yes
44 CFR 13.36(d)(4)(i)(B), PA Guide FEMA 322 October, 1999, pg. 36, Foreman and Supervisors, and pg. 75, Engineering and Design Services