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Second Appeal Brief
PA ID# 000-U6H58-00; Office of Youth Development
PW ID# 5212; Force Account Equipment Cost
Citation: FEMA-1786-DR-LA, Office of Youth Development, Force Account Equipment Cost, Project Worksheet (PW) 5212
Reference: Force Account Equipment Cost, Emergency Protective Measures
Summary: As a result of Hurricane Gustav, emergency protective measures were taken to evacuate and transport youth offenders from seven parish detention centers and house them at four Louisiana receiving facilities until the evacuated detention centers were operational again. The youth offenders required 24-hour security supervision so it was necessary for staff to remain with the youth at all times. Project Worksheet (PW) 5212 was obligated in the amount of $486,758: $451,822 for force account overtime, $28,940 for force account equipment costs, and $5,996 for direct administrative costs.
In its first appeal dated April 27, 2010, the Applicant requested reimbursement of additional force account labor costs totaling $236,674. The Applicant explained that the overtime cost was a direct result of its obligation to evacuate, transport and shelter youth offenders that were not part of its normal population. On January 7, 2011, the Regional Administrator determined that the entire amount, $236,674, was eligible force account labor cost and approved the first appeal.
The Applicant submitted a first appeal addendum to the State on November 15, 2010, requesting an additional $14,278 for force account equipment costs. However, the State didn’t forward the addendum letter to FEMA until January 27, 2011, three weeks after the first appeal decision letter was signed. On April 18, 2011, FEMA informed the State that it could not accept the addendum letter as another first appeal for the same PW and recommended that the Applicant submit a second appeal for PW 5212.
The Applicant submitted its second appeal on June 21, 2011. In a letter dated, January 12, 2012, the Applicant reduced the requested appeal amount to $6,754. The Applicant provided documentation including a force account equipment spreadsheet and copies of its Hurricane Gustav mileage logs.
Issue: Are the costs for supplies purchased and used for the care and feeding of non-custody youth offenders at the receiving facilities eligible?
Finding: Yes. A portion of the force account equipment costs are eligible for Public Assistance funding.
Rationale: 44 CFR §206.225(a)(3)(i), Emergency work, General; FEMA 322, Public Assistance Guide dated June 2007