Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 087-99087-00; St. Bernard Parish
PW ID# PW 14610; Time Extension – Work
In August 2005, Hurricane Katrina flooded a St. Bernard Parish (Applicant) government building, causing water and mold damage to documents and public records stored in filing cabinets and map drawers. FEMA prepared Project Worksheet (PW) 14610 in 2006 to address this damage. The period of performance for the work expired in 2010. Ultimately, the Applicant never performed the work described in PW 14610, electing instead to discard the documents and create new records in an electronic format. On August 24, 2016, the Applicant requested an alternate project for PW 14610. The Louisiana Recovery Office (LRO) determined that, because the Grantee discarded the documents, the project was ineligible and no time extension was warranted. The Applicant appealed, arguing that in an alternate project the original scope of work would not be completed, and FEMA had granted time extensions for other PWs where the period of performance had expired. The Regional Administrator denied the first appeal.
Authorities and Second Appeals
- 44 C.F.R. § 206.204(a), (c)-(d).
- PA Guide, at 84-85, 115.
- Applicants must complete projects within applicable time limits, and while FEMA has discretion to grant time extensions, the work must be completed.
- Because the Applicant elected not to complete the project and discarded the documents, the LRO properly denied a time extension, leaving no eligible funding for an alternate project.
The LRO used appropriate discretion to deny the request for an alternate project for PW 14610, and the RA correctly denied the first appeal.