FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated August 14, 2015, which transmitted the referenced second appeal on behalf of Clarksville Gas and Water (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $3,990,552.23 in Public Assistance for emergency protective measures performed at its Waste Water Treatment Plant (Facility). As explained in the enclosed analysis, I have determined that the Applicant has not demonstrated that it was legally responsible for service labor, nor does the work described include the level of detail necessary to determine cost reasonableness. In addition, revising the scope of work is not supported due to the overlap of appealed items or work performed by the same contractors on other PWs. Accordingly, I am denying the appeal with respect to those issues. However, in accordance with 44 C.F.R. §§ 206.203(c)(1) and 206.205(b) for large projects, the amount of final funding for eligible work and costs as clarified in this decision must be determined upon reconciliation of the project’s actual costs at closeout. As such, I am directing the Regional Administrator to determine the actual eligible costs at closeout. The Applicant’s appeal rights are preserved with respect to the Agency’s determination of those costs. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.