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Second Appeal Brief
PA ID# 097-U4T46-00; Joplin Schools
PW ID# (PW) 488 ; Improved Project
Conclusion: Joplin Schools (Applicant) failed to seek additional funding in a timely manner, and did not justify its request for Cost Estimating Format (CEF) adjustments.
On May 22, 2011, a tornado damaged the grounds of Old South Middle School, which qualified for replacement. FEMA prepared Project Worksheet (PW) 488 to address the replacement project and, in 2012, approved an improved project to build a new school at a different location. In 2014, the Applicant requested an increase to the funding cap for additional work and higher costs not reflected in the Cost Estimating Format (CEF). FEMA denied the request as untimely. The Applicant renewed its request at project closeout in 2016, and FEMA again denied the request as untimely. The Applicant appealed, but the Regional Administrator denied the appeal, finding that the Applicant’s request was untimely and the requested cost increases were unsupported. The Applicant submitted a second appeal, arguing that it could seek a revision in the SOW at any point before closeout.
Authorities and Second Appeals
- 44 C.F.R. §§ 13.30, 13.36, 13.43, 206.201-206.203, 206.206.
- PA Guide, at 79, 96, 110-111, 139-140.
- PA Policy Digest, at 71.
- Los Angeles Dep’t of Water and Power, FEMA-1577-DR-CA, at 2.
- The PA Guide requires applicants to submit damage within 60 days of the kickoff meeting, submit new damage as soon as possible, and obtain approval when the need for additional funding or a revision in scope is anticipated.
- The Applicant did not identify the damage until more than a year after the PW was obligated, and did not obtain approval when it anticipated the need for additional funds.
- Under 44 C.F.R. § 206.206, the burden is on the Applicant to substantiate its appeal with documented justification.
- The Applicant failed to justify its request for increased costs and CEF factors.