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Second Appeal Summary
PA ID# 037-91032-00; Los Angeles County Courts
DSR ID# DSR 60598; Central Jail Arraignment Court Building
Citation:FEMA-1008-DR, Los Angeles County Courts, Central Jail Arraignment Court Building, Damage Survey Report 60598
Following the Northridge earthquake, the Los Angeles County Courts (Applicant) accepted a Grant Acceleration Program (GAP) offer to repair the Central Jail Arraignment Court Building and requested Improved Project status. At closeout, FEMA determined that $31,306 in costs claimed for Architectural and Engineering (A&E) construction administration and $17,235 for safety police were project management soft costs. FEMA also concluded that the applicant did not complete certain portions of the approved scope of work were not completed and other portions were improved. Consequently, FEMA de-obligated $237,613 in costs attributable to the incomplete scope and maintained Improved Project status. In its first appeal, the Applicant argued that (1) FEMA mischaracterized A&E fees and safety police as project management soft costs, (2) the approved scope of work was completed, and (3) the Improved Project designation should be removed. The Deputy Regional Administrator approved funding for safety police and denied the remainder of the first appeal. In its second appeal, the Applicant maintained that A&E fees should be hard costs. The Applicant also provided photographs to support that the approved scope of work was completed and asserted that funding should be granted even though auditable documentation could not be provided. The Applicant requested that FEMA reduce eligible costs by $11,691 as the estimated cost of “improvements” and rescind the improved project status.
1. Is the $31,306 in construction administration services a hard cost?
2. Has the Applicant provided documentation to support its claim for all project costs?
44 Code of Federal Regulations (44 CFR) §206.206(a), §206.202(d)(1), §206.203(d)(1); Instructional Guide for Cost Estimating Format (CEF)