An applicant is responsible for identifying all disaster related work, requesting inspections and changes in PWs, and obtaining FEMA’s prior approval for any SOW revision. FEMA had no opportunity to inspect and no SOW change request was submitted prior to completion of work, which exceeded the approved SOW and is thus ineligible for PA funds. DAC must be tracked, charged, and accounted for directly to a specific project. The submitted documentation shows ineligible indirect costs incurred benefitting other objectives and projects. The applicant must meet Federal procurement and contracting standards to obtain PA funding. The Applicant did not meet federal procurement standards nor did it demonstrate exigent or emergency circumstances to excuse its noncompliance. FEMA is barred from deobligating funds if the payment was authorized by an approved agreement specifying costs, the costs were reasonable, and the purpose of the grant was accomplished.

The additional requested funding is ineligible because the Applicant failed to properly procure and document the work, establish the additional repairs and mold remediation work was the result of the disaster, and obtain prior approval from FEMA for work exceeding the approved SOW. Further, Section 705(c) does not preclude FEMA from deobligating funds, because the purpose of the grant is not accomplished when procurement violations occur or completed work exceeds the SOW. Therefore, this appeal is denied.

Stafford Act § 705 (c). 44 C.F.R. §§ 13.30(b, c, d, f), 13.36(b, c, d), 13.43(a), 206.204(e), 206.206(a), 206.223(a, e). PA Guide, at 29, 31-33, 95-96, 139-140; RP 9580.100; DAP 9525.9; FP-205-081-2. Bossier Par., FEMA-4228-DR-LA; City of Pierre, FEMA-1984-DR-SD, at 11; Pt. Arthur Indep. Sch., FEMA-1791-DR-TX; Columbus Reg’l. Hosp., FEMA-1766-DR-IN; City of Columbia, FEMA-4241-DR-SC.