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Second Appeal Brief
PA ID# 009-99009-00; Cattaraugus County
PW ID# 1083; Allowable Costs
Citation: FEMA-1857-DR-NY; Cattaraugus County; Project Worksheet (PW) 1083
Reference: Allowable Costs
Summary: On January 15, 2010, FEMA prepared PW 1083 to reimburse the Applicant for the purchase of DisasterLAN Local Responder (DLAN), an incident management system, and direct administration costs in the amount of $34,113. The PW was determined to be ineligible during final review on February 19, 2010, because the Applicant did not provide documentation that the items were needed and used directly for the disaster for which funding was requested. On September 29, 2010, the New York State Office of Emergency Management (NYSOEM) forwarded the Applicant’s first appeal. FEMA denied the Applicant’s appeal on June 9, 2011, stating that the DLAN system was not purchased by the Applicant during the disaster and therefore was not used during the FEMA-1857-DR-NY event. The Applicant submitted its second appeal on August 16, 2011, with an unsigned letter of intent from the Applicant to the vendor dated May 13, 2010, an invoice from Buffalo Computer Graphics (vendor) dated October 20, 2010, and a copy of a canceled check to the vendor dated April 27, 2011. The incident period for 1857-DR-NY was from August 8 -10, 2009. The DLAN system was installed in July 2010 almost a full year later so it was clearly not used during the disaster for which funding is being requested.
Issue: Did the Applicant purchase the DLAN for use in disaster 1857-DR-NY?
Finding: No, the DLAN was not installed until 11 months after the incident period ended.
Rationale: 44 CFR §206.223(a)(1) General Work Eligibility; 44 CFR §13.32 Equipment