Time Extension - Temporary Facility, Improved Project

Improved/Alternate Project

HEADNOTES

CONCLUSION

Summary Paragraph In 2011, a tornado damaged Brookings Elementary School (Facility). The Applicant found the Facility unsafe and unusable and elected to build a new Facility at a different location as an improved project, temporarily relocating the school. FEMA prepared Project Worksheet (PW) 118, approving funding for leased modular educational buildings at the temporary location. Due to the complexity of the improved project, the time needed to secure additional funding, and additional repairs to the Facility’s roof, the Applicant requested a project extension with an anticipated completion date of September 30, 2015. The Grantee approved extension until June 15, 2012, and requested that FEMA grant a time extension until September 30, 2015. FEMA granted an extension to September 30, 2013, aligning this date with the estimated time to repair Dryden Elementary School (Dryden)—another school damaged by the same tornado. The Applicant requested an additional 18 months to May 30, 2015. FEMA approved an extension to February 15, 2014, based on the Grantee’s approval of the time extension for PW 110 for the Facility’s roof repair. On first appeal, the Applicant disputed FEMA’s finding that the time extension request was associated with the entire improved project scope of work, arguing that there was a direct and parallel link between the original and improved scopes of work. The Applicant also disputed FEMA’s basing the estimated completion date on Dryden’s repair completion date, proposing the Project Evaluation and Review Technique (PERT) Expected Time formula, which estimated the period of performance at 47 months. Thus, the Applicant concluded that May 30, 2015 was reasonable, requesting $495,000.00. FEMA denied the first appeal on the basis that temporary facility funding was only eligible during the time estimated as necessary to complete the approved scope of repair work, affirming that February 15, 2014, was a reasonable date. On second appeal, the Applicant reiterates the differences between Dryden and the Facility at issue, and disagrees with FEMA’s estimated period of performance. Authorities and Second Appeals Stafford Act § 403(a)(3)(D). 44 C.F.R. § 206.204(c) & (d). DAP 9523.3, Provision of Temporary Relocation Facilities (Dec. 14, 2010). PA Guide, at 38. Headnotes Stafford Act § 403(a)(3)(D) allows FEMA to provide financial assistance to an eligible applicant for temporary facilities. 44 C.F.R. § 206.204(c) establishes project completion deadlines, allowing a 6-month project deadline for emergency work, with extensions allowed based on extenuating circumstances. Per § 206.204(d), extensions beyond the Grantee’s authority are determined by the Regional Administrator. The Regional Administrator properly determined that the project completion date was February 15, 2014, based on a comparable project. According to DAP 9523.3, if an applicant chooses to include improvements into the repair of disaster damages or to expand the pre-disaster capacity of a damaged facility, a temporary facility is eligible only during the time estimated as necessary to perform the approved scope of repair. The PA Guide states that rental costs are eligible for the time estimated to repair the facility to predisaster condition. FEMA allowed costs for the temporary location only to the time estimated to complete the approved repair work.

AUTHORITIES

Time Extension - Temporary Facility, Improved Project