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Debris Removal Costs
Appeal Brief
Appeal Letter
N/A
Appeal Brief
| Disaster | FEMA-1401-DR |
| Applicant | Kay County |
| Appeal Type | Second |
| PA ID# | 071-99071-00 |
| PW ID# | 64 |
| Date Signed | 2003-09-12T04:00:00 |
Appeal Letter
September 12, 2003
Mr. Albert Ashwood
Governors Authorized Representative
Oklahoma Department of Civil Emergency Management
P.O. Box 53365
Oklahoma City, OK 73152-3365
RE: Second Appeal Kay County, PAID 071-99071-00, Debris Removal Costs, FEMA-1401-DR-OK, Project Worksheet (PW) 64
Dear Mr. Ashwood:
This letter is in response to the referenced second appeal transmitted by your letter dated October 1, 2002. Kay County (Applicant) is requesting that the Federal Emergency Management Agency (FEMA) fund its debris removal contract costs at $16 per cubic yard (cy). We apologize for the delayed response.
On February 4, 2002, following the ice storm that occurred on January 30, 2002, the Applicant entered into a non-competitive sole source contract for debris removal and disposal with AshBritt, Inc. at a cost of $16 per cy. FEMA determined that the $16 per cy rate was not reasonable. The Applicant subsequently terminated its initial contract and utilized a competitive proposal process to select a contractor. The Applicant received eight proposals ranging in price from $7.95 per cy to $16 per cy. The Applicant determined that six of the eight proposals were non-responsive and eliminated them from consideration. The applicant scored the remaining two proposals and awarded the contract to AshBritt, Inc. at the rate of $16 per cy. By a letter dated February 26, 2002, FEMA informed the State that the contract rate of $16 per cy was not reasonable and that reimbursement for work under the new contract would be based on the lowest bid rate of $7.95 per cy. On August 5, 2002, the FEMA Regional Director sustained this determination on first appeal
On October 1, 2002, the State submitted the applicants second appeal, again requesting reimbursement of $16 per cy. We have reviewed all information submitted with this appeal and determined that the Applicant did not follow Federal procurement procedures when it selected the contractor with $16 per cy rate. Therefore, we have determined that $12 per cy is a reasonable rate for the debris removal operation in Kay County. By copy of this letter, I am asking the Regional Director, Region VI, to recalculate reimbursement on the basis of $12 per cy and award the additional funding. Accordingly, I am partially approving the appeal.
Please inform the Applicant of this determination. My decision constitutes the final decision in this matter as set forth in 44 CFR § 206.206.
Sincerely,
/S/
Michael D. Brown
Under Secretary
Emergency Preparedness and Response
cc: Gary Jones
Acting Regional Director
FEMA Region VI
Mr. Albert Ashwood
Governors Authorized Representative
Oklahoma Department of Civil Emergency Management
P.O. Box 53365
Oklahoma City, OK 73152-3365
RE: Second Appeal Kay County, PAID 071-99071-00, Debris Removal Costs, FEMA-1401-DR-OK, Project Worksheet (PW) 64
Dear Mr. Ashwood:
This letter is in response to the referenced second appeal transmitted by your letter dated October 1, 2002. Kay County (Applicant) is requesting that the Federal Emergency Management Agency (FEMA) fund its debris removal contract costs at $16 per cubic yard (cy). We apologize for the delayed response.
On February 4, 2002, following the ice storm that occurred on January 30, 2002, the Applicant entered into a non-competitive sole source contract for debris removal and disposal with AshBritt, Inc. at a cost of $16 per cy. FEMA determined that the $16 per cy rate was not reasonable. The Applicant subsequently terminated its initial contract and utilized a competitive proposal process to select a contractor. The Applicant received eight proposals ranging in price from $7.95 per cy to $16 per cy. The Applicant determined that six of the eight proposals were non-responsive and eliminated them from consideration. The applicant scored the remaining two proposals and awarded the contract to AshBritt, Inc. at the rate of $16 per cy. By a letter dated February 26, 2002, FEMA informed the State that the contract rate of $16 per cy was not reasonable and that reimbursement for work under the new contract would be based on the lowest bid rate of $7.95 per cy. On August 5, 2002, the FEMA Regional Director sustained this determination on first appeal
On October 1, 2002, the State submitted the applicants second appeal, again requesting reimbursement of $16 per cy. We have reviewed all information submitted with this appeal and determined that the Applicant did not follow Federal procurement procedures when it selected the contractor with $16 per cy rate. Therefore, we have determined that $12 per cy is a reasonable rate for the debris removal operation in Kay County. By copy of this letter, I am asking the Regional Director, Region VI, to recalculate reimbursement on the basis of $12 per cy and award the additional funding. Accordingly, I am partially approving the appeal.
Please inform the Applicant of this determination. My decision constitutes the final decision in this matter as set forth in 44 CFR § 206.206.
Sincerely,
/S/
Michael D. Brown
Under Secretary
Emergency Preparedness and Response
cc: Gary Jones
Acting Regional Director
FEMA Region VI