Force Account Labor & Equipment Costs, Immediate Threat

Immediate Threat

HEADNOTES

For emergency work, unbudgeted employees are eligible for both overtime and straight-time labor. FEMA clarified in PAPPG Version 4 that unbudgeted employee hours for time worked beyond an employee’s scheduled working hours, as defined by the Applicant’s predisaster pay policy, may be eligible at a straight-time rate. Because the Director’s budgeted working hours were 20 per week, the weekly hours worked in excess of that amount may be considered unbudgeted labor. If the applicant does not provide sufficient documentation to support its claim as eligible, FEMA cannot provide PA funding for this work. The Applicant does not demonstrate the claimed FAL hours at issue on appeal are directly tied to the performance of eligible emergency protective measures.

CONCLUSION

Although claimed FAL hours for time worked beyond the Applicant’s employee’s normal working hours may constitute unbudgeted labor, the Applicant has not demonstrated that the claimed FAL hours at issue on appeal are directly tied to the performance of eligible emergency protective measures. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act § 403. 44 C.F.R. §§ 206.223(a)(1), 206.225(a), 206.228(a)(2)(iii). PAPPG, at 19, 23-24, 57, 60-61, 133. FP 104-009-19, at 3-5; FP 104-21-0004, at 3-4; FP 104-21-0003, at 5-6. Fact Sheet: Private Nonprofit Organizations, at 1-2 Sonoma Cnty., FEMA-4344-DR-CA, at 3.

44 C.F.R. §§ 206.223(a)(1), 206.225(a), 206.228(a)(2)(iii)
Force Account Labor & Equipment Costs, Immediate Threat