Force Account Labor & Equipment Costs, Immediate Threat

Immediate Threat

HEADNOTES

FEMA determines the eligibility of overtime, premium pay, and compensatory time costs based on the applicant’s predisaster written labor policy. To be eligible, costs must be directly tied to the performance of eligible work. The Applicant’s FAL premium/hazard pay costs are not associated with a predisaster written labor policy or directly tied to the performance of eligible work.

CONCLUSION

FEMA finds the Applicant has not demonstrated its FAL premium/hazard pay costs are associated with a predisaster written labor policy or directly tied to the performance of eligible work. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act § 403(a)(3). 44 C.F.R §§ 206.206(a), 206.223(a)(1), 206.225(a)(3)(i). 2 C.F.R. § 200.403(g); 48 C.F.R. § 6106.613. PAPPG, at 19, 21, 23, 57, and 133. Medical Care Policy, at 3-4. Baptist Healthcare System, Inc., FEMA-4497-DR-KY, at 2; City of Biloxi, FEMA-4528- DR-MS, at 5; Florida Christian Homes Senior Housing, Inc., FEMA-4486-DR-FL, at 4; Methodist Senior Services, FEMA-4528-DR-MS, at 4 & n.21; Child and Family Services of Erie County, FEMA-4480-DR-NY, at 3.

44 C.F.R §§ 206.206(a), 206.223(a)(1), 206.225(a)(3)(i). 2 C.F.R. § 200.403(g); 48 C.F.R
Force Account Labor & Equipment Costs, Immediate Threat