Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 071-24125-00; City of Fort Myers
PW ID# Project Worksheet 6333; Time & Material Contract
Citation: FEMA-1539-FL, City of Fort Myers, Project Worksheet 6333Cross-reference:
Time & Material ContractingSummary:
Hurricane Charley deposited significant amounts of vegetative and construction and demolition debris in the right-of-ways (ROW) on other public property in the City of Fort Myers (Applicant). FEMA prepared Project Worksheet (PW) 6333 for $367,299 for debris removal. Crowder Gulf, a contractor to the Applicant, removed the debris under a time-and-material (T&M) contract. At final inspection, FEMA de-obligated $168,596 because the Applicant used a T&M contract beyond the allowable 70-hour limit. FEMA could not determine the reasonableness of the costs incurred beyond the 70-hour limit.
The Regional Administrator denied the first appeal because the Grantee did not submit the appeal to FEMA within the regulatory timeframe specified in 44 CFR §206.206(c).
The Applicant submitted its second appeal on April 17, 2008. The Applicant maintains that (1) the debris removal work performed in parks and on golf courses necessitated the use of a T&M contract, and that the cubic yard/truckload ticket approach [was] not practical; (2) FEMA policies allow exceptions to the 70-hour time limitation for work in which a clear scope of work cannot be developed; (3) the cost for the services in relationship to the need for those services were [sic] fair. The State forwarded the appeal to FEMA on June 19, 2008 and supports the Applicants request.Issues:
Are costs incurred under the T&M contract after the initial 70-hour period eligible for reimbursement?Findings:
Debris Management Guide, FEMA 325, April 1999, page 28; Public Assistance Guide
, FEMA 322, October 1999, page 40; Public Assistance Debris Operations Job Aid
, FEMA 9580.1 pages 34-38.