July 25, 2012
Office of Emergency Management
South Dakota Department of Public Safety
118 West Capitol Avenue
Pierre, South Dakota 57501
Re: Second Appeal, Brule County (PA ID 015-99015-00), Embankment Erosion, FEMA-1915-DR-SD, Project Worksheet (PW) 847
Dear Ms. Turman:
This letter is in response to your letter dated February 15, 2012, which transmitted the referenced second appeal on behalf of Brule County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to limit funding for repair of embankment erosion on Boyer Bottom Road to $12,181 and is requesting approval of an additional $31,916.
As explained in the enclosed analysis, I have determined that the Applicant’s process to procure the contract was not compliant with the applicable federal procurement procedures contained in Title 44 Code of Federal Regulations (44 CFR) §13.36, Procurement. I have reviewed the information submitted with the appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR § 206.206, Appeals.
cc: Robin Finegan
FEMA Region VIII