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Second Appeal Brief
PA ID# 019-41155-00; City of Lake Charles
PW ID# Project 2635; Debris Removal from Catch Basins
Citation: FEMA-1607-DR-LA; City of Lake Charles (Applicant), Debris Removal from Catch Basins, Project Worksheet (PW) 2635
Debris Removal, Reasonable Cost, Documentation
On September 23, 2005, Hurricane Rita brought heavy winds and severe rainfall to the City of Lake Charles resulting in the accumulation of debris in storm water catch basins throughout the City. FEMA prepared PW 2635 to fund the removal of debris from catch basins and power washing of street gutters. However, FEMA considered the unit price of $300 per catch basin unreasonably high and also disputed the number of catch basins eligible for cleaning. FEMA reduced the unit price to $148.75 per catch basin to reflect what it considered a more reasonable unit price. Consequently, FEMA reduced the number of eligible catch basins by 1,311 because FEMA considered the contractors production rate of cleaning more than 40 catch basins by a single crew in a 10 hour period to be unrealistic. The Regional Administrator denied the first appeal because the Applicant did not follow proper procurement procedures and did not provide sufficient documentation to support the Applicants appeal. In the second appeal, the Applicant provided considerably more documentation and requested additional costs to cover work the contractor invoiced after FEMA prepared the PW.
1. Should FEMA consider all 10,333, catch basins that the contractor claims it cleaned as eligible?
2. Should FEMA approve a unit rate of $300 per catch basin for the work performed, along with an additional amount of $359,068 for work the contactor performed after FEMA prepared the PW?
2. Yes. The Applicant provided sufficient documentation to support its claim that the cost for catch basin cleaning at a unit rate of $300 per catch basin was reasonable at the time and that the additional costs are eligible.
OMB Circular A-87, Attachment A, Section C.1.a.; 44 CFR 13.36(f)(1).