Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Re: Second Appeal – Community Action Program Committee, Inc., PA ID: 033-00C58-00, FEMA-1551-DR-FL, Multiple PWs – Procurement, Reasonable Costs, PNP, 705(c)
Dear Mr. Maul:
This is in response to your letter dated July 17, 2017, which transmitted the referenced second appeal on behalf of the Community Action Program Committee (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $267,514.17 associated with services contracted for the replacement of modular classrooms.
As explained in the enclosed analysis, I have determined that the Applicant did not comply with federal procurement requirements. The Regional Administrator correctly exercised her discretionary authority to award reasonable costs to address the procurement non-compliance. Accordingly, I am denying the appeal. In addition, Stafford Act § 705(c) does not extend to private non-profit organizations, such as the Applicant. Therefore, FEMA is not barred from recovering all disallowed costs.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
Public Assistance Division
cc: Gracia B. Szczech
FEMA Region IV