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Second Appeal Brief
PA ID# 000-UIR00-00; Mississippi State University
PW ID# 5308; Appeal Time Limits
Citation: FEMA-1604-DR-MS, Mississippi State University, Appeal Time Limits, Project Worksheet (PW) 5308
Reference: Time Limitations
Summary: Hurricane Katrina’s high winds and driving rain damaged two buildings on the Mississippi State University campus. FEMA prepared a draft PW dated January 21, 2006, for $132,059 based on information the Applicant provided. In March 2006, FEMA prepared and entered into NEMIS PW 5308 to document eligible repair costs for damage to both facilities for a total amount of $43,171. FEMA then determined the eligible amount of the PW to be zero dollars due to anticipated insurance proceeds. In June 2006, FEMA restored and obligated $43,171 in eligible funds to the PW when the actual insurance coverage was determined. FEMA records show that the Applicant received two formal notifications of obligated PW 5308 in May and June of 2006. The notifications included eligible costs, a detailed listing of the eligible scope of work and the Applicant’s right to appeal the PW. In May 2006 both buildings were demolished by the Applicant.
In early April 2007, nearly one year after the notification of the PW and after the buildings were demolished, the Applicant requested an improved project. The Applicant requested an additional $88,888 in costs based on the difference between the total amount listed on the draft PW and the obligated PW 5308. On June 9, 2008, FEMA denied the request for additional funds because the Applicant had demolished the Buildings in May 2006, FEMA could not verify additional claimed damage.
The Applicant submitted a first appeal on August 22, 2008, two years after receiving notification of the obligated PW. FEMA denied the appeal as notice of the obligated PW had been provided to the Applicant. The Applicant submitted the second appeal on September 2, 2009. In its second appeal, the Applicant reiterates its position that it did not receive a copy of the obligated PW until July 10, 2008, expressed concern about the obligated amount of PW 5308 as compared to the draft PW and concedes to not reviewing PW 5308 for changes in scope.
Issue: Is additional funding for this project eligible?
Finding: No. Applicant failed to timely file its appeal and, secondarily, FEMA could not verify additional claimed damage because the Applicant had demolished the buildings.
Rationale: 44 CFR §206.206 (c)(1), Appeals