Article 55: Category B: Emergency Protective Measures - Compliance Overviews
(Category: emergency-responses)
Article Summary
To maintain funding eligibility for Category B activities, applicants must adhere to a comprehensive array of cross-cutting federal compliance laws. Because emergency response actions are executed rapidly, they are subject to unique regulatory reviews regarding Environmental and Historic Preservation (EHP) and procurement integrity.
Even during exigent circumstances, applicants must attempt to maintain procurement integrity. While non-competitive contracts are permitted for immediate life-safety actions, the exception is strictly limited to the duration of the actual exigency. Emergency actions like constructing temporary flood-control berms must still avoid unnecessary impacts to endangered species habitats or historical wetlands.
Five Key Takeaways for CTA FEMA Compliance
- Transition Sole-Source Contracts Immediately Post-Exigency: Terminate or transition non-competitive emergency contracts to fully competitive solicitations the moment the immediate threat to life and safety is stabilized.
- Document the Justification for Emergency Procurement: Maintain a detailed, contemporaneous written justification explaining exactly why full competition was impossible during the initial response phase.
- Check the Endangered Species Act for Temporary Berms: Consult with EHP specialists before constructing large, earth-moving emergency protective structures to ensure you do not cross into critical wildlife habitats.
- Protect Historic Fabrics During Shoring: Ensure any temporary stabilizing structures affixed to historically registered public buildings utilize non-destructive, reversible methods.
- Maintain Strict Cost-Reasonableness Manifests: Ensure all equipment rental rates and emergency material purchases are validated against local market baselines to withstand future cost audits.
