Citation: FEMA-1980-DR-MO, Village of Riverview, Ineligible Costs – Debris Removal, Project Worksheet (PW) 793
Cross-Reference: Ineligible Costs; Debris Removal; Documentation
Summary: The Village of Riverview (Applicant) contracted with Saint Louis County (Contractor) to remove vegetative debris from city streets and rights-of-way. The contract specified a unit price for eligible ground vegetative debris at $18.66 per cubic yard (CY), which included debris pickup, hauling, grinding, and disposal of ground material. The contract also specified that the contractor will submit to the Applicant a weekly report of debris volume, weight removed, and payment estimates. FEMA prepared PW 793 based on the Contractor’s June 28, 2011, invoice in the amount of $37,947 for removal of 2,033.66 CY of debris. The Applicant provided daily logs documenting debris removal from public rights-of way; however, the documentation did not include load tickets or monitoring records to quantify the amount of debris removed, or the quantity of chipped debris claimed by the Contractor. Based on the daily logs, FEMA reduced the quantity of debris by 10 percent and also adjusted the volume by the standard 75 percent reduction for chipped debris detailed in the Public Assistance Debris Management Guide, FEMA-325. In December 2011, FEMA determined that the removal of 573.75 CY of debris was eligible for reimbursement at $18.66 per CY and obligated PW 793 in the amount of $10,706. On April 4, 2012, the Applicant submitted a first appeal disputing FEMA’s calculation to convert loose debris to mulch as unfair, and requested reimbursement of the full invoiced amount of $37,947. The Applicant stated that in the absence of debris quantity documentation, FEMA should accept the debris monitors’ estimated totals as accurate and reasonable. FEMA’s Regional Administrator denied the first appeal explaining that the Applicant had neither provided documentation that would allow for verification of the actual amount of debris removed by the Contractor, nor ensured that the Contractor complied with the contract terms to submit weekly reports of the actual amount of debris removed as required by 44 CFR §13.36(b), Procurement, Procurement Standards. The Regional Administrator also deobligated $10,706 in previously awarded funding because the documentation submitted did not substantiate the claimed quantities of debris removed. The Applicant’s second appeal reiterates the arguments stated in the first appeal and requests that FEMA reimburse the incurred cost of $37,947 for debris removal. The Applicant did not provide new information to support its second appeal.
Issue: Did the Applicant provide documentation to substantiate the quantities of debris claimed on the contractor’s invoice?
Rationale: 44 CFR §13.36(b)(2), Procurement, Procurement Standards; 44 CFR §13.36(b)(9), Procurement, Procurement Standards