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Second Appeal Brief
PA ID# 033-UA9MA-00; Louisiana Department of Education
PW ID# 5421; Temporary Facility
Citation: FEMA-1603-DR-LA; Louisiana Department of Education, Temporary Facility
Reference: Time Limitations
Summary: Following Hurricanes Katrina and Rita, a two-year contract was awarded to Pacific Metrics Corporation to develop and maintain a temporary online version of the Louisiana Graduation Exit Exam (GEE) from November 2005 through October 2007. The web-based distance diploma program permitted displaced Louisiana high school students to take the GEE.
FEMA prepared PW 5421 under Category B, Emergency Protective Measures for security services and furniture moving expenses. The Applicant requested that FEMA include the costs for the GEE website contract in the scope of work for PW 5421. FEMA determined that the website services represented increased operating expenses, which are not eligible under Category B and are not eligible for reimbursement under the Public Assistance Program. On May 1, 2006, $16,479 was obligated for security services and moving fees under PW 5421.
The Applicant submitted its first appeal on August 13, 2008, arguing that the temporary web-based GEE site should be an eligible reimbursement under Category B because it represents a temporary facility (classroom) for displaced students who were unable to attend or graduate from an out-of-state school district and who sought a Louisiana high school diploma. The Acting Regional Administrator determined the work and cost to develop and maintain the GEE did not meet the definition of eligible emergency protective measures and also concluded that the Applicant did not submit the first appeal within the regulatory 60-day timeframe pursuant to 44 CFR §206.206 (c), Time Limits.
In its second appeal submitted July 31, 2009, the Applicant reiterates the same position it claimed in the first appeal. The Applicant did not provide any extenuating circumstances for submitting the first appeal more than two years after PW 5421 was obligated.
Issue: Did the Applicant submit its first appeal within the regulatory timeframe?
Rationale: 44 CFR §206.206(c), Appeals, Time Limits