Per 44 C.F.R. § 206.204(e)(2) and the PAPPG, at 145, an applicant may submit a first appeal/NSPO request if the total actual cost of all its small projects combined exceeds the total amount obligated for all its small projects. The appeal must include actual cost documentation for all small projects that FEMA originally funded based on estimated amounts, and must be done in accordance with the timeframes set forth in 44 C.F.R. § 206.206. The applicant must file the first appeal/NSPO request within 60 days following the completion of all its small projects, and the grantee must forward the appeal to FEMA within 60 days of its receipt of the appeal. The Applicant demonstrated it completed work to the Facility on September 12, 2019, and submitted total final actual cost documentation/completion dates for all small projects on November 8, 2019. Therefore, the Applicant filed the November 8, 2019 first appeal/NSPO request within 60 days following the completion of its last small project on September 12, 2019. Consequently, the Grantee’s November 13, 2019 first appeal/NSPO request transmission was timely, as it was transmitted within 60 days of the Grantee’s receipt of the Applicant’s appeal. Per a review completed by a FEMA Professional Engineer, the NSPO resulted from simply the purchase of additional materials (i.e., bridge deck boards) for PW 4 than originally estimated. The Applicant completed the scope of work approved for this project (repairing the Facility to its predisaster condition), and utilized reasonable costs to accomplish the work. Accordingly, the Applicant has demonstrated the $16,340.74 in NSPO costs are eligible.

The Applicant has demonstrated that the Grantee timely transmitted the first appeal, and the NSPO expenses of $16,340.74 are eligible. Accordingly, this appeal is granted.

44 C.F.R. §§ 206.204(e)(2), 206.205(a), 206.206(c)(2). PAPPG, at 144-146.