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Second Appeal Brief
PA ID# 017-UOSG5-00; Golden West Community Services District
PW ID# 1248, 2688, 3382, and 3285; Small Project Overrun
Citation:FEMA-1628-DR-CA, Golden West Community Services District, Net Small Project Overrun (NSPO), Project Worksheets (PWs) 1248, 2688, 3382, and 3825
(FEMA-1628-DR-CA) caused damage to roads maintained by the Golden West Community Services District (Applicant). Four small project PWs totaling $49,247 in eligible costs were approved to repair the roads. All of the small projects were completed by May 11, 2007, and the Applicant submitted a first appeal requesting a NSPO on December 18, 2007. FEMA denied the first appeal request for a NSPO on February 12, 2008, because it was received after the regulatory deadline established for the submittal of all NSPOs, and because the Applicant did not provide documentation of actual costs correlated to the line items in the approved PW scopes of work. On February 15, 2008, FEMA addressed various errors and omissions to the Applicant’s small projects by approving versions to two PWs and approving one new PW, resulting in a new total of $78,031 for all the small projects. In the second appeal submitted on July 7, 2008, the Applicant argued there were extenuating circumstances that caused the delay in submitting the original NSPO request. In addition, the Applicant provided additional cost documentation not previously submitted.
1. Were there extenuating circumstances that justified the delay in submitting the
2. Was the information provided on second appeal sufficient to document the actual costs incurred and correlate them with the approved PW scopes of work?
1. Yes. The death of one of the Applicant’s board members and various errors and omissions regarding funding for the projects justified the delay.
2. Yes. The invoices submitted on second appeal were sufficient to document $221,515 in eligible costs and a cost overrun of $143,484.
44 CFR §206.204(e)