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Second Appeal Brief
PA ID# 047-99047-00; Harrison County
PW ID# Project Worksheet 5672 and 10548; Debris Removal
FEMA-1604-DR-MS, Harrison County (Applicant), Debris-
As a result of high winds and heavy rainfall from Hurricane Katrina in August 2005, Project Worksheet (PW) 5672 was prepared for removal of hazardous limbs (hangers) and hazardous trees (leaners) on public rights-of-way, and PW 10548 was prepared for removal of hangers and leaners on private property. The Applicant is requesting that FEMA consider reimbursement for expenditures in the amount $10,512,136 for PW 5672 and $624,550 for PW 10548 that were previously disallowed for (1) an unreasonable contract costs for the removal of leaners, and (2) charges for removal and disposal of leaners that could not be confirmed through a joint FEMA/MEMA/Applicant validation process. Some, but not all, claimed costs were documented and justified in the second appeal.
1. Did the applicant’s procurement process comply with FEMA policy and establish reasonable contract prices?
2. Did FEMA appropriately apply a validation protocol to determine an eligible amount of work performed?
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 403(a)(3)(A) and Section 407; OMB A-87, Cost Principles for State, Local and Indian Tribal Governments
, Att-A.C.2.; FEMA Policy 9580.4, Debris Operations—Clarification: Emergency Contracting vs. Emergency Work
; 44 CFR §13.36