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Cross-reference: Debris Removal, Reasonable Costs
Summary: Following Hurricane Katrina, the City of Waveland (Applicant) used a sealed bid procedure to select a debris removal contractor. Upon review of the bid selection process, FEMA determined that the Applicant used an irregular method in its evaluation of the bids and did not select the lowest bidder as required by 44 CFR §13.36(d)(2)(ii)(D). FEMA determined that the contract unit prices were unreasonable and reduced the eligible unit prices in PW 10808 for each debris category to the lowest unit price received through the bid process. This resulted in a reduction of $1,118,717.74 in eligible funding. The Applicant asserts that it utilized its standard procurement processes and awarded the contract to the lowest responsive and responsible bidder per requirements established in 44 CFR §13.36(d)(2)(ii)(D). The Applicant also asserts that its competitive procurement procedures were in accordance with FEMA policy and resulted in reasonable contract prices.
Issues: 1) Has the Applicant demonstrated that it met FEMAs procurement requirements set forth in 44 CFR §13.36(b) and 44 CFR § 13.36(d)(2)(ii)(D)?
Findings: 1) Yes.
Rationale: 44 CFR §13.36(b), Procurement standards; 44 CFR §13.36(d)(2)(ii)(D)
Second Appeal Brief
FEMA-1604-DR
PA ID# 045-78200-00; City of Waveland
PW ID# PW 10808; Debris Removal
08/13/2009
Citation: FEMA-1604-DR-MS, City of Waveland, Debris Removal, Project Worksheet (PW) 10808PA ID# 045-78200-00; City of Waveland
PW ID# PW 10808; Debris Removal
08/13/2009
Cross-reference: Debris Removal, Reasonable Costs
Summary: Following Hurricane Katrina, the City of Waveland (Applicant) used a sealed bid procedure to select a debris removal contractor. Upon review of the bid selection process, FEMA determined that the Applicant used an irregular method in its evaluation of the bids and did not select the lowest bidder as required by 44 CFR §13.36(d)(2)(ii)(D). FEMA determined that the contract unit prices were unreasonable and reduced the eligible unit prices in PW 10808 for each debris category to the lowest unit price received through the bid process. This resulted in a reduction of $1,118,717.74 in eligible funding. The Applicant asserts that it utilized its standard procurement processes and awarded the contract to the lowest responsive and responsible bidder per requirements established in 44 CFR §13.36(d)(2)(ii)(D). The Applicant also asserts that its competitive procurement procedures were in accordance with FEMA policy and resulted in reasonable contract prices.
Issues: 1) Has the Applicant demonstrated that it met FEMAs procurement requirements set forth in 44 CFR §13.36(b) and 44 CFR § 13.36(d)(2)(ii)(D)?
Findings: 1) Yes.
Rationale: 44 CFR §13.36(b), Procurement standards; 44 CFR §13.36(d)(2)(ii)(D)