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Second Appeal Brief
PA ID# 000-UXL4N-00; Southern University of New Orleans
PW ID# Multiple Project Worksheets; Temporary Relocation Facilities
Citation: FEMA-1603-DR-LA, Facility Planning and Control–Southern University of New Orleans, Temporary Relocation Facilities, Multiple Project Worksheets
Reference: Temporary Facilities, Time Limitations
Summary: FEMA mission-assigned the U.S. Army Corps of Engineers (USACE) to provide 45 temporary modular buildings designed to accommodate 2,000 students at SUNO. USACE completed the installation of the units in January 2006. In April 2008, the Applicant initiated repairs to the damaged campus buildings to meet the temporary space needs for the fall semester, and requested that FEMA consider the repairs temporary repairs under category B. The Applicant did not specify the amount of funds in its request. FEMA denied the request because it considered the repairs to be permanent. FEMA prepared 14 Category E Project Worksheets (PW) totaling approximately $25.5 million for the replacement of one building and permanent repairs on the 10 buildings that make up the Southern University of New Orleans (SUNO) campus damaged by Hurricane Katrina. The Regional Administrator denied the first appeal to avoid a duplication of benefits with the work provided under the Category E PWs. Also, the Applicant provided no detailed scope of work or cost estimate for the temporary repairs.
The Applicant submitted a second appeal asserting that there would be no duplication of benefits, that the work is temporary in nature, and that the work is cost effective.
Issue: Is the work temporary in nature?
Rationale: Response and Recovery Policy 9523.3 (7)(D) (1), Provision of Temporary Relocation Facilities, Policy, Eligible Temporary Relocation Facilities, Cost Comparison; 44 CFR §206.204 (c) (1), Project performance, Time limitations for completion of work–Deadlines