NOTE: Information below from FEMA.gov/appeal data.
This is in response to a letter from your office dated December 14, 2018, which transmitted the referenced second appeal on behalf of the Minneapolis Park and Recreation Board (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) deobligation of $1,239,567.68 in funds associated with an improperly procured contract. As explained in the enclosed analysis, I have determined that the Applicant did not meet the standards of federal procurement regulations when it made a single-source selection from a pre-qualified list of contractors. In doing so, it precluded other potential bidders from qualifying for the award. The award of a contract by competitive proposals was not infeasible under the circumstances, therefore, FEMA appropriately deobligated $1,239,567.68 in funds associated with the improperly procured contract. Accordingly, I am denying this appeal. 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.