Yes, FEMA will obligate Category Z PWs in line with the Public Assistance

Management Costs (Interim) FEMA Recovery Policy FP 104-11-2 applicable to

Emergency Declarations under Stafford Act's Section 502.

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Why Latitude and Longitude Matter for Public Assistance Grants

Understanding latitude and longitude coordinates is crucial for Public Assistance Grant applicants. Here's how this knowledge benefits the application process:

• Accurate Documentation:  Precise coordinates pinpoint the exact location of a damaged facility, ensuring accurate reporting and damage assessments.
• Mapping and Geospatial Analysis:  Coordinates enable visualizing damage on maps, facilitating a clear understanding of the geographical scope of the disaster.
• Communication and Coordination:  Sharing locations through coordinates allows for efficient communication and collaboration between applicants, FEMA, and other involved parties.
• Georeferencing and Data Integration:  Coordinates enable integrating damage data with other geospatial datasets (e.g., flood zones, infrastructure) for better analysis and decision-making.
• Compliance with FEMA Requirements:  FEMA often requires location data in the form of coordinates to process applications and ensure accurate assessments.
• Efficient Damage Assessment:  Rapidly identifying locations through coordinates streamlines damage assessment efforts and speeds up the recovery process.
• Effective Communication with Stakeholders:  Using coordinates allows for clear communication about damage locations with elected officials, community members, and other stakeholders.
• Compliance with Regulations:  Many grant programs require geospatial data for compliance purposes.  Knowing coordinates ensures adherence to these regulations.

In essence, familiarity with latitude and longitude coordinates enhances the effectiveness and efficiency of the entire Public Assistance grant process, from initial application to final recovery.

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A Picture is Worth a Thousand Words: Why Photos Matter in Disasters

In the aftermath of a disaster, chaos reigns. But amidst the destruction, photographs emerge as powerful tools for recovery. They're not just memories; they're vital evidence for a smoother and more effective path back to normalcy.

• Seeing is Believing: Photos provide undeniable proof of the extent and nature of the damage. A single image can capture the devastation of a collapsed building or a flooded landscape, far more effectively than words alone.
• Objectivity in the Face of Crisis: Emotions run high after a disaster. Photographs offer objective documentation, free from bias. They provide a clear picture of the situation, crucial for accurate damage assessments and insurance claims.
• Building Back Better:  Photos become blueprints for the future. They guide project planning and monitoring, ensuring reconstruction efforts target the most critical areas. By comparing before-and-after shots, progress becomes clear, motivating both workers and communities.
• A Bridge for Communication: A single image can bridge communication gaps.  Photos shared with aid agencies, government officials, and the public facilitate clear communication and informed decision-making about resource allocation and recovery strategies.
• Remembering the Past, Shaping the Future:  Photographs serve as a historical record of the event. They not only capture the devastation, but also the community's resilience. This visual record becomes a valuable tool for future preparedness and mitigation efforts.

By enhancing accuracy, transparency, and effectiveness, photographs become a cornerstone of disaster documentation.  They are a powerful tool for ensuring a smoother, more efficient recovery for everyone involved.

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The estimates in the 50% Rulecalculations are reviewed and validated by a team of qualified professionalswith specific expertise. According to the document, the following individualsare responsible for reviewing and validating the estimates used in the 50% Rulecalculations:

1. FEMA's Professionally Licensed Engineers and     Architects: ​some text
    
   • These individuals play a key role in developing      or reviewing and validating the estimates used in the 50% Rule      calculations.
 
2. Qualified Cost Estimators:some text
    
   • Cost estimators with the necessary qualifications      are involved in the review and validation process to ensure accuracy and      compliance with guidelines.
 
3. Construction Managers:some text
    
   • Construction managers contribute their expertise      to assess the estimates and ensure they align with construction standards      and requirements.
 
4. Staff with Other Technical Expertise:some text
    
   • Additional staff members with relevant technical      expertise are included in the review process as necessary to provide      comprehensive validation of the estimates.

By involving a team of professionalswith diverse backgrounds and expertise, FEMA aims to ensure the accuracy,reliability, and compliance of the estimates used in the 50% Rule calculations.​This multi-disciplinary approach helps in making informed decisions regardingrepair or replacement funding for damaged facilities.

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Examples of target populations include those who test positive for COVID-19 who do not require hospitalization but need isolation (including those exiting from hospitals); those who have been exposed to COVID-19 who do not require hospitalization; and asymptomatic high-risk individuals needing social distancing as a precautionary measure, such as people over 65 or with certain underlying health conditions (respiratory, compromised immunities, chronic disease).  Sheltering specific populations in non-congregate shelters should be determined by a public health official’s direction or in accordance with the direction or guidance of health officials by the appropriate state or local entities.  The request should specify the populations to be sheltered.  Non-congregate sheltering of healthcare workers and first responders who require isolation may be eligible when determined necessary by the appropriate state, local, tribal, or territorial public health officials and when assistance is not duplicated by another federal agency.

The applicant is responsible fordocumenting all costs associated with the project. ​ This includes maintaining records ofexpenses such as labor costs, equipment costs, supplies, contract work, and anyother eligible costs related to the project. ​ The applicant must ensure that allcosts are properly documented and accounted for in accordance with FEMAguidelines and regulations. ​

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The responsibility for developing anddocumenting all costs lies with the applicant, who is ultimately responsiblefor preparing project applications, providing detailed descriptions of work,substantiating the eligibility of work and costs, ensuring all costs arereasonable and supported by documentation. ​ FEMA collaborates with the applicantto review the information provided and develop or validate the Scope of Work(SOW) and cost estimate for each project during the Scoping and Costing phase. ​

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State, Territorial, and Indian Tribal Governments Local Governments

The following types of local governments are eligible Applicants

• Counties and parishes
• Municipalities, cities, towns, boroughs, and townships
• Local public authorities
• School districts
• Intrastate districts
• Councils of governments (regardless of whether incorporated as nonprofit corporations under State law)
• Regional and interstate government entities
• Agencies or instrumentality of local governments
• State-recognized Tribes
• Special districts established under State law
• Community Development Districts are special districts that finance, plan, establish, acquire, construct or reconstruct, operate, and maintain systems, facilities, and basic infrastructure within their respective jurisdictions. To be eligible, a Community Development District must be legally responsible for ownership, maintenance, and operation of an eligible facility that is accessible to the general public.

The State or a political subdivision of the State may submit applications on behalf of rural communities, unincorporated towns or villages, and other public entities not listed above.

• Private Non-Profit Organizations - Fact Sheet for COVID-19 and Private Nonprofit Organizations

Only certain Private Non-Profit (PNP) Organizations are eligible Applicants. To be an eligible PNP Applicant, the PNP must show that it meets the tax-exempt status, own or operate an eligible facility.  An eligible facility is one that provides an eligible service.

Tax-Exempt Status

• A current ruling letter from the U.S. Internal Revenue Service granting tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code of 1954;
• Documentation from the State substantiating it is a non-revenue producing, nonprofit entity organized or doing business under State law.

Eligible Services - click here for a chart of Critical, Non-Critical and Non-Eligible Services

• A facility that provides a critical service, which is defined as education, utility, emergency, or medical; or
•  A facility that provides a non-critical, but essential social service AND provides those services to the general public. PNP facilities generally meet the requirement of serving the general public if ALL the following conditions are met:

Facility use is not limited to any of the following:

• A certain number of individuals;
• A defined group of individuals who have a financial interest in the facility, such as a condominium association;
•  Certain classes of individuals; or
• An unreasonably restrictive geographical area, such as a neighborhood within a community;

Facility access is not prohibited with gates or other security systems; and
Any membership fees meet all the following criteria:

• Are nominal;
• Are waived when an individual can show inability to pay the fee;
• Are not of such magnitude to preclude use by a significant portion of the community; and
• Do not exceed what is appropriate based on other facilities used for similar services.

Certain types of facilities, such as senior centers, that restrict access in a manner clearly related to the nature of the facility, are still considered to provide essential social services to the general public.

In cases where the facility provides multiple services, such as a community center, FEMA reviews additional items to determine the primary service that facility provides, such as:

• U.S. Internal Revenue Service documentation
• Pre-disaster charter, bylaws, and amendments
• Evidence of longstanding, routine (day-to-day) use (e.g., a calendar of activities)

Facilities established or primarily used for political, athletic, recreational, vocational, or academic training, conferences, or similar activities are not eligible.

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Please utilize the FEMA Public Assistance Program and Policy Guide (PAPPG) as a reference for applicant eligibility questions; Chapter 2 Public Assistance Policy, II. Applicant Eligibility (Link below) –

FEMA PAPPG Link - https://www.fema.gov/media-library-data/1525468328389- 4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf

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Where do I register for the FEMA Grants Portal sight? 

Answer: If you DO NOT have an account in the FEMA Grants Portal, please send an email to your STATE Recovery Staff to request an account. Provide the primary contact name, jurisdiction/potential applicant, phone number and email address. You will then receive an automated email invitation from the FEMA Grants Portal. After the account activation is completed you will be requested to submit a Request for Public Assistance (RPA) form for COVID-19 for your State Declaration DR-xxxx or EM-xxxx

10: How do we know if we have a FEMA Grants Portal account? Answer: 

A jurisdiction/applicant that hasn’t participated in a federally declared disaster event since 2017 in all probability will not have an account

Insurance documentation can be uploaded in the organization profile section of Grants Portal by following these steps: ​Select the "My Organization" tab and then the "Organization Profile" tab. ​Look for the "Upload Insurance Document" button and click on it.

​Choose the insurance documentation file from your device and enter the filename and description.

​Select the appropriate category and click on the "Add Document" button to upload the insurance documentation. ​ It is recommended to consult the specific instructions and guidance provided by FEMA or reach out to the FEMA point of contact for assistance.

Eligible costs related to sheltering should be necessary based on the type of shelter, the specific needs of those sheltered, and determined necessary to protect public health and safety and in accordance with guidance provided by appropriate health officials.  However, support services such as case management, mental health counseling, and others are not eligible.

FEMA's Public Assistance (PA) program offers Category A funding for debris removal associated with a declared disaster. Here's a breakdown of the key characteristics of eligible work under Category A:

• Focus:  Removing debris that poses an immediate threat to life, public health, or safety.
• Examples of Eligible Debris:
  • Construction and demolition debris (wood, concrete, metal)
  • Yard waste and landscaping debris
  • Flood debris (furniture, appliances, etc.)
  • Storm debris (trees, branches)
  • Sand and debris blocking roadways or critical infrastructure
  • Animal carcasses posing a health hazard
• Public vs. Private Property:  Generally, Category A prioritizes debris removal on public property (roads, parks, infrastructure). However, in specific situations, FEMA may authorize removal of debris from improved private property if it meets certain criteria:
  • Blocking access to a public right-of-way (e.g., roads, sidewalks)
  • Posing a significant threat to public health or safety (e.g., blocking access for emergency vehicles, hazardous materials)
• Direct Result of the Disaster: The debris must be a direct consequence of the disaster for which a federal Public Assistance declaration has been issued. Debris from pre-existing conditions or unrelated events wouldn't be eligible.

Here are some resources for more information:

• FEMA Public Assistance: Category A - Debris Removal including Private Property Debris: This fact sheet offers details on what debris removal qualifies for Category A funding: https://www.fema.gov/sites/default/files/documents/fema_pa-category-a-debris-removal-ppdr-factsheet.pdf
• FEMA Public Assistance Program and Policy Guide (PAPPG): Chapter 2: Public Assistance Policy, Section V Cost Eligibility ([invalid URL removed]) (This comprehensive guide details eligibility criteria for various cost categories under PA)

Remember: Specific eligibility requirements might vary depending on the circumstances of the disaster.  For the most up-to-date information and to determine if your debris removal project qualifies for Category A assistance, it's always recommended to consult directly with FEMA.

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Projects that qualify for streamlinedEnvironmental and Historic Preservation (EHP) review include: ​

• Projects falling under Statutory Exclusion     (STATEX) exempt from NEPA review. ​
• Actions eligible for Categorical Exclusion (CATEX)     not requiring detailed NEPA review. ​
• Projects within or adjacent to Otherwise Protected     Areas under the Coastal Barrier Resources Act. ​
• Projects with minimal impacts on endangered     species or critical habitats.
• Actions not triggering Clean Water Act Section 404     permitting requirements.
• Projects intended to restore the facility back to     pre-disaster condition. ​
• Projects with codes and standards upgrades. ​
• Projects involving replacement of contents,     supplies, or equipment. ​
• Projects with minor repair, restoration, or     construction on buildings or structures less than 45-50 years old or not     listed or eligible for listing in the National Register of Historic     Places. ​

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FEMA applies the 50% Rule to thefollowing types of facilities as explicitly mentioned in the document: ​

1. Individual Components of Systems:some text
    
   • Drainage channel or irrigation system: a section      from damaged node to damaged node. ​
    
   • Water or sewer line system: a section of piping      from damaged manhole to damaged manhole, a lift station, or a manhole      structure. ​
    
   • Water or wastewater treatment plant: a control      building, clarifier, or sedimentation pond. ​
    
   • Electrical distribution systems are evaluated for      replacement based on specific criteria. ​
 
2. Entire Facilities:some text
    
   • Bridges
    
   • Culverts
    
   • Buildings
    
   • Pumping stations
    
   • Piers
    
   • Pools, including integral pumping ​
    
   • Equipment
    
   • Lighting structures

For the facilities listed above, FEMA appliesthe 50% Rule either to individual components of the system or to the entirefacility to determine whether repair or replacement is more appropriate.

Here's a breakdown of the types of educational institutions eligible for FEMA Public Assistance (PA) funding:

Eligible Institutions:

• Primary and Secondary Schools:  Both public and private day or residential schools that provide elementary and secondary education as determined by the state's compulsory attendance requirements.
• Higher Education Institutions:  These institutions must meet all the following criteria:
  • Admit students with a high school diploma or equivalent.
  • Be legally authorized to provide education beyond the secondary level.
  • Award a bachelor's degree or an associate's degree that is transferable and creditable towards a bachelor's degree.
  • Be a public institution or a private non-profit institution.
  • Be accredited by a nationally recognized agency or association (as determined by the Secretary of the Department of Education).

Important Considerations:

• Religious Schools:  Religious schools meeting the eligibility criteria above can qualify for PA funding.
• Focus on Public Benefit:  The damaged facility must be used primarily for educational purposes that provide a public benefit.
• Ineligible Institutions:  Facilities offering vocational training that don't meet the higher education criteria or daycare centers typically wouldn't be eligible.

Here are some resources for more information:

• FEMA Public Assistance Program and Educational Facilities Factsheet: https://www.fema.gov/
• FEMA Public Assistance Program and Policy Guide (PAPPG): While it doesn't explicitly list educational institutions, Chapter 2: Public Assistance Policy, Section II Applicant Eligibility provides a broader overview of eligible applicants ([invalid URL removed])

Remember: FEMA regulations can be intricate.  It's always best to consult directly with FEMA to determine the specific eligibility of your educational institution for PA funding.  They can provide the most up-to-date information and guidance based on the specifics of your situation.

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Building a Strong Case: Essential Documentation for Public Assistance Grants

Securing FEMA Public Assistance grant funding requires a comprehensive documentation strategy. Here's a breakdown of the key documents needed:

1. Damage Assessment Documentation:

• Painting the Picture: This documentation provides a clear picture of the disaster's impact.
• What it Includes:
  • Extent of damage
  • Affected areas
  • Specific facilities or infrastructure impacted
• Examples: Photographs, site inspection reports, and other relevant records.

2. Cost Documentation:

• Justifying Expenses: This documentation verifies the costs associated with eligible work.
• What it Includes:
  • Labor costs (invoices, payroll records)
  • Equipment costs (invoices, rental agreements)
  • Material costs (invoices, receipts)
  • Other direct costs (contracts, financial documentation)

3. Scope of Work Documentation:

• A Detailed Roadmap: This documentation outlines the specific tasks and activities required for repairs or reconstruction.
• What it Includes:
  • Detailed descriptions of the work
  • Specifications and plans
• Purpose:
  • Helps determine eligible costs
  • Ensures proposed work aligns with program requirements

4. Eligibility Documentation:

• Meeting the Criteria: This documentation establishes that the applicant, facility, and work meet the eligibility requirements for Public Assistance grants.
• What it Includes:
  • Proof of ownership or legal responsibility for the facility (deeds, leases)
  • Insurance policies
  • Maintenance records
  • Other relevant documentation demonstrating eligibility

5. Environmental and Historic Preservation Documentation:

• Protecting the Environment and History:  If your project might impact the environment or historic properties, additional documentation is required to comply with relevant regulations.
• What it Includes:
  • Environmental assessments
  • Permits
  • Compliance documentation

Important Notes:

• Specific documentation requirements may vary depending on the project's nature, facility type, and applicable regulations.
• FEMA provides guidance and instructions on required documentation through the Public Assistance program and its associated processes.

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Types of damages to collections thatare reported include: ​

• Physical damage such as structural damage to     buildings or facilities where collections are housed. ​
• Damage to artifacts, documents, or objects within     collections due to disasters like floods, fires, or other incidents. ​
• Water damage affecting collections due to leaks,     flooding, or water infiltration. ​
• Fire damage impacting collections stored in     buildings or facilities.
• Mold or mildew growth on collections due to     moisture or water exposure.
• Damage from debris or contaminants affecting     collections during or after a disaster event. ​
• Damage to collections caused by structural     collapse or other related incidents. ​
• Any other forms of damage that may impact the     integrity or preservation of collections within a facility. ​
• Extent and severity of damage to facilities. ​
• Types of collections affected, such as paintings,     books, and documents. ​
• Types of damaged special collections, like     government records, rare books, and manuscripts. ​
• The extent of damage to collections. ​
• Identification of potential measures to treat     impacted collections, which may involve evaluating work scopes for the     treatment of objects. ​

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• Special flood hazard areas like regulatory     floodways or the 1% annual chance floodplain zone (100-year) or the 0.2%     annual chance floodplain zone (500-year) for critical actions. ​
• Environmentally sensitive areas such as barrier     islands, conservation easements, fish hatcheries, preserves, state and     national parks, and wildlife management areas. ​
• Areas near beaches, canals, lakes, rivers,     streams, wetlands, or other bodies of water including fishing piers. ​
• Floodplains
• Wetlands
• Coastal Barrier Resources System units
• Waters of the United States (WOTUS) ​
• Critical habitat for endangered or threatened     species ​
• Historic properties
• Areas with environmental justice concerns

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Types of environmentally sensitiveareas considered for construction work:

• Barrier islands
• Conservation easements
• Fish hatcheries
• Preserves
• State and national parks
• Wildlife management areas These areas are     highlighted as environmentally sensitive and require specific     considerations and regulations to ensure protection during construction     activities and to minimize adverse impacts on the environment.

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Here's a breakdown of the types of activities that might be eligible for reimbursement in flood fighting under FEMA's Public Assistance (PA) program:

Emergency Protective Measures (Category B):

• Activities with a direct impact on saving lives and protecting public health and safety qualify for reimbursement under Category B of FEMA's PA program. In the context of flood fighting, this could include:
  • Sandbagging operations to prevent floodwaters from entering structures or critical infrastructure.
  • Evacuation and sheltering of people from flooded areas.
  • Search and rescue of people trapped in floodwaters.
  • Traffic control measures to protect public safety and divert traffic from flooded areas.
  • Diking and temporary levee construction to divert floodwaters. (Note:  Permanent repairs to levees typically fall under FEMA's permanent work programs)
  • Operating emergency pumps to remove floodwaters from critical infrastructure or public property.

Important Considerations:

• Costs must be necessary and reasonable:  Only expenses directly related to the flood fighting activities and essential for protecting lives or property are eligible.
• Proper documentation is crucial: Maintain detailed records of the flood fighting activities undertaken, the threats addressed, and all associated costs.

Other Potentially Reimbursable Activities:

• Debris Removal (Category A): Removal of debris blocking critical infrastructure or access routes, posing an immediate threat to public health or safety, might be eligible under Category A. This could include flood debris like:
  • Large objects blocking waterways or roads
  • Debris posing a health hazard (e.g., animal carcasses)

Activities Generally Not Eligible:

• Long-term repairs or permanent replacements:  These typically fall under FEMA's permanent work programs.
• Preventative measures not directly related to an immediate threat:  For example, stockpiling sandbags in advance of a flood season wouldn't be eligible.

Finding More Information:

• FEMA Public Assistance Program and Policy Guide (PAPPG): Chapter 2: Public Assistance Policy, Section V Cost Eligibility ([invalid URL removed]) offers a comprehensive overview of eligible costs under PA.
• FEMA Public Assistance: Category A - Debris Removal including Private Property Debris: https://www.fema.gov/sites/default/files/documents/fema_pa-category-a-debris-removal-ppdr-factsheet.pdf
• FEMA Eligible Emergency Protective Measures - Fact Sheet: While superseded by a more recent policy document, this fact sheet provides a general overview of eligible measures: https://www.fema.gov/fact-sheet/eligible-emergency-protective-measures

Remember, FEMA regulations can be intricate.  For the most up-to-date information and to determine if your specific flood fighting activities qualify for reimbursement, it's always recommended to consult directly with FEMA.

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d

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FEMA considers various types of costsfor Public Assistance (PA) funding, including: ​

• Costs related to restoring damaged facilities to     their pre-disaster design and function, including eligible codes and     standards. ​
• Anticipated soft costs that are reasonable and     directly related to the restoration work.
• Engineering and design costs. ​
• Environmental and Historic Preservation (EHP)     compliance costs. ​
• Work required by codes or standards identified by     the applicant and verified by FEMA. ​
• Actual costs for work completed at the time the     cost estimate is developed. ​
• Any foreseeable contingency costs such as     security, staging, etc. ​
• Debris removal costs.
• Emergency protective measures expenses.
• Emergency work costs incurred for activities that     eliminate or lessen immediate threats to life, public health, or safety.
• Permanent work costs for repairing, restoring,     reconstructing, or replacing damaged facilities.

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Reassigned Employees on External Funding: Understanding FEMA Reimbursement

The Public Assistance (PA) program offers financial support for disaster response and recovery efforts. Here's a specific scenario related to reassigned employees and FEMA reimbursement:

The Case of Reassigned Employees Funded Externally

• Employee Reassignment: An existing employee (permanent) is assigned tasks outside their usual job duties to address the emergency.
  • For instance, a police officer might be reassigned to clear debris.
• External Funding Source: The employee's salary is typically funded by an external source, such as a grant from another federal agency or dedicated funds.
• No Duplication of Funding: FEMA needs to confirm that the external funding source doesn't already cover the specific emergency work the employee is doing.
  • Essentially, FEMA shouldn't reimburse costs already covered by another source.

FEMA Reimbursement and Considerations:

• Reimbursement Based on Normal Pay Rate: If the above criteria are met, FEMA reimburses the applicant based on the employee's normal pay rate, not the rate typically associated with the reassigned work.
• Documentation Importance: Applicants must provide proper documentation and evidence to demonstrate the eligibility of these reassigned employees for reimbursement. This ensures FEMA reimburses only for valid claims.

In essence, FEMA helps cover the cost of an employee's regular salary when they are temporarily reassigned to perform essential emergency work that is not funded by another source.

By understanding these guidelines, applicants can ensure they are properly documenting and claiming reimbursement for eligible reassigned employees funded from external sources.

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As governments and other eligible entities prepare to manage their response to COVID-19, they should begin tracking costs by setting up cost centers in their accounting systems to capture disaster-related charges such as labor costs, supplies, and equipment.

1. Track spending separately: Identify and keep funds and expenditures separate by creating an independent disaster account for this “incident” to enable clear tracking of disaster-related expenditures, including employee timekeeping.
2. Properly procure everything: Get three quotes for everything, even if you’re working under the emergency procurement procedures: We know it can be challenging, but even documenting phone calls with vendors will help out tremendously when you later have to justify your costs and following of procurement rules.
3. Compile and keep documents to support cost claims: Document control/scan all supporting information and keeping them in a centralized (electronic) file system that is backed up somewhere.
4. Assign a point of contact: The point of contact will be the point person for communicating with state and federal agencies.
5. Track with detailed records on every dollar spent related to response and recover: Track and document equipment use during the response phase (what, who, how, and duration of use), and be as specific as possible. If there is overtime for Force Account Labor: ensure it is in a spreadsheet and then can be converted to the appropriate FEMA forms. For any contracted staff, anything that is performed related to wipe-downs/emergency protective measures should be tracked separately so it can get reimbursed, and that time needs a description that is as detailed as possible.
6. Secure the ability to cash flow the response/recovery expenses effectively: If you need to (if there are no emergency reserves), you may need to start talking to financial institutions about getting a line of credit to pay the unbudgeted emergency expenses until they can be (partially) reimbursed.  Private businesses/your vendors are most likely facing their own cash flow issues with this disaster, so they will need to be paid in a timely fashion per your contract with them.
7. Start tracking your losses (not just your costs): Depending on the parameters of forthcoming legislation, there may be some financial relief for financial losses in revenue or income caused directly from this disaster.
8. If you need extra/outside disaster management staff: Depending upon the circumstances of your entity, emergency procurement may be an option (we recommend consulting your state emergency management office to discuss your particular circumstances). See links below on emergency procurement.  However, an entity can always issue a request for proposal (RFP) that meets federal procurement requirements to bring on additional specialized resources to help manage the emergency expenses and requests for reimbursement from the anticipated multiple federal agencies that will be offering support. (Federal guidelines for procurement can be found here.

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Navigating the FEMA reimbursement process, documentation preparation, compilation, and preservation are crucial to obtaining FEMA funding.  Eligible hospitals everywhere need to take the following key actions at this time in order to optimize their opportunities for FEMA reimbursement:

• Establish a Separate Cost Center for Accounting Purposes to Capture all COVID-19 Related Emergency Preparedness Expenses-Having the ability to capture all emergency preparedness related expenses allows for a more accurate accounting of incurred costs and allows hospitals to more quickly assess the financial impact incurred.
• Establish a Formal Practice for Electronically Capturing & Cataloguing; Retain all COVID-19 Related Expense Documentation-FEMA eligible expenses are only reimbursed if sufficient documentation exists and can be made available:

• Vendor Contracts
• Purchase Orders
• Invoices
• Proof of Payment Documentation

• Take Photos of any Temporary Facilities Established to Test, Treat and Isolate COVID-19 Patients-Document through photos the establishment of temporary facilities for COVID-19 testing, treatment, and isolation.
• Have Formal Written & Executed Mutual Aid Agreements in Place with Red Cross and Area Shelters-Red Cross & local health departments will commonly not have sufficient resources to respond to an emergency; therefore, they may request assistance from area hospitals: the Establishment of a Mutual Aid Agreement may assist with obtaining FEMA reimbursement for such costs.

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The restrictions that apply toAlternate Project funds, as explicitly mentioned in the document, are:

1. Alternate Project funds may not be used for the     following purposes: ​some text
    
   • Meeting budget shortfalls.
    
   • Creating a new community plan. ​
    
   • Landscaping.
    
   • Paying for operating expenses.
    
   • Purchasing supplies, furniture, or equipment      costing less than $5,000 per unit. ​
    
   • Paying the non-federal share of any PA project. ​
    
   • Funding buyouts for mitigation, such as acquiring      flood-prone property to create open space. ​
    
   • Supplementing funds on projects that utilize      other federal agency grants. ​
    
   • Funding a project located in a FEMA-designated      floodway. ​
 
2. If the Alternate Project involves construction,     the applicant must obtain FEMA approval before starting construction to     ensure compliance with appropriate Environmental and Historic Preservation     (EHP) laws, regulations, and Executive Orders. ​
3. If the Statement of Work (SOW) to restore a     facility includes PA mitigation, and the applicant chooses to proceed with     an Alternate Project, FEMA does not include costs related to the PA     mitigation in the capped amount for the Alternate Project. ​

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Building Compliant Contracts for Public Assistance Grants

The Public Assistance Grant Program requires applicants to include specific provisions in all awarded contracts. These provisions ensure both adherence to federal regulations and successful project completion. Here's a breakdown of the key contract clauses:

1. Compliance with Federal Procurement Standards (2 CFR 200.322 & 200.326):

• Promote fair and open competition for contracts.
• Encourage participation of minority-owned businesses and firms in labor surplus areas (when possible).
• Ensure objective evaluation of contractor performance.
• Establish written standards of conduct for all parties involved.

2. Records and Documentation:

• Contractor Responsibilities: Maintain detailed procurement records including:
  • Justification for the chosen procurement method (e.g., sealed bid, sole source)
  • Selection process for the contract type
  • Contractor selection/rejection rationale
  • Basis for the final contract price
• FEMA Access:  Provide FEMA with any additional documentation requested for audits or reviews.

3. Compliance with Environmental and Historic Preservation Requirements:

• Contractor Obligations: Ensure adherence to all applicable environmental and historic preservation regulations.
• Examples:
  • Obtaining necessary permits
  • Conducting environmental reviews
  • Protecting historic properties throughout the project

4. Compliance with Hazard Mitigation Requirements (if applicable):

• For projects in hazard-prone areas, contracts should include provisions for:
  • Implementing specific design standards
  • Integrating mitigation measures to reduce future disaster risks

5. Reporting and Monitoring:

• Contractor Requirements:
  • Submit regular progress reports to the applicant.
  • Facilitate monitoring by FEMA representatives.

Ensuring Compliance:

• Applicants must review and include these provisions in all awarded contracts.
• FEMA may also provide additional guidance or specific requirements for contract clauses.

By incorporating these essential provisions, applicants can ensure their Public Assistance Grant-funded projects are executed in compliance with federal regulations and achieve successful completion.

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FEMA provides funding for 50% of the vegetative debris in hand-loaded trucks and trailers. Additionally, FEMA funds up to a maximum of 85% of the debris in trucks without solid tailgates. It's important for the Applicant to document the types and total quantity of hand-loaded debris and debris hauled in trucks without solid tailgates to ensure appropriate reductions are taken for this debris.

In the decision-making process, FEMAmust consider a variety of factors including: ​

• Location of the proposed action in the floodplain     or wetland. ​
• Compliance with Executive Orders related to     floodplain management and wetlands protection. ​
• Environmental consequences and impacts on the     human environment. ​
• Compliance with federal laws and regulations     related to environmental and historic preservation. ​
• Impacts on natural, cultural, and historical     resources.
• Adverse effects on low-income and minority     populations. ​
• Consultation requirements with various regulatory     agencies. ​
• Review of project details, resource impacts, and     compliance requirements. ​
• Differentiation between projects for streamlined     or complex EHP review. ​
• Coordination with applicants to ensure compliance     before funding projects. ​
• Documentation and evidence of compliance provided     by applicants. ​
• Adherence to permit conditions and best management     practices. ​
• Providing technical assistance to facilitate the     EHP review process. ​

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FEMA Reimbursement for Standby Time During Disasters

When disaster strikes, having essential personnel on standby can be lifesaving. FEMA's Public Assistance (PA) program may reimburse applicants for labor costs associated with this standby time, but certain criteria must be met.

What is Standby Time?

Standby time refers to intermittent periods when staff are on hold, ready to respond to emergencies. They may not be actively working but are available for immediate deployment during critical situations.

When Does FEMA Reimburse Standby Time?

FEMA may reimburse standby time costs if all these conditions are fulfilled:

• Aligned with Labor Policy: The use and pay for standby time should be consistent with the applicant's pre-disaster labor policy or contractual obligations. This policy should also reflect past practices during non-disaster emergencies.
• Necessity for Life-Saving Actions: Standby time is only eligible if it was essential to have resources readily available for critical life-saving actions, such as evacuation or medical care.
• Reasonable Use of Resources: The number of personnel on standby and the duration of standby time must be reasonable and justified based on the life-saving needs of the situation.
• Direct Involvement: Employees on standby should be directly involved in the life-saving actions for which they were on hold.
• Meeting Other Criteria: All other FEMA labor cost eligibility criteria must also be met for reimbursement.

Reimbursement Limit?

Unfortunately, the document doesn't specify a concrete reimbursement limit for standby time. It's advisable to consult directly with FEMA or refer to their latest guidelines and policies for clarification on this aspect.

Key Takeaway:

Standby time can be crucial during disasters, and FEMA may reimburse associated costs under specific circumstances. By ensuring your labor policies and practices align with FEMA's criteria, you can increase your chances of receiving reimbursement for this essential emergency response measure.

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The purpose of the Unified FederalReview (UFR) process is to expedite and unify environmental reviews forprojects involving multiple federal agencies, provide coordinationopportunities between FEMA and other federal agencies, allow for higher-levelresolution in cases of disagreement, promote streamlining of Environmental andHistoric Preservation (EHP) compliance, ensure consistent application of EHPstandards within the same geographic area or on the same project, facilitateefficient decision-making and project implementation by reducing duplication ofefforts and conflicting requirements, enhance collaboration and communicationamong federal agencies involved in disaster recovery and mitigation efforts,streamline and coordinate the environmental review and permitting process forfederally funded projects, reduce duplication of efforts, expedite projectdelivery, ensure compliance with environmental laws and regulations, promoteinteragency collaboration, facilitate efficient decision-making, enhance communicationamong stakeholders, promote environmental stewardship, and support projectdevelopment. ​

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The purpose of the NationalEnvironmental Policy Act (NEPA) is to ensure that environmental factors aregiven equal consideration alongside other factors in the decision-makingprocess of federal agencies. ​ NEPA mandates that the effects of proposed actions andalternatives on the human environment be disclosed to the public and evaluatedby an agency before making a decision. ​ It aims to assess and address the environmentalconsequences of proposed actions or connected activities, emphasizing theimportance of public involvement, consideration of the natural and physicalenvironment, and the relationship of people within that environment. ​ NEPA requires federal agencies toassess the environmental effects of their proposed projects, consideralternatives, involve the public in the decision-making process, and disclosethe environmental impact information to the public. ​ The act aims to promoteenvironmentally responsible decision-making and sustainable practices infederal projects and activities.

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The purpose of FEMA's Public Assistance Alternative Procedures (PAAP)program is to provide an alternative method for the repair, restoration, andreplacement of damaged facilities following disasters.The program aims toreduce costs to the Federal Government, increase flexibility in administration,expedite assistance provision, and provide financial incentives for timely andcost-effective project completion.It offers flexibilities such as using excessfunds for approved activities, not requiring specific cost tracking, andallowing flexibility in rebuilding damaged facilities beyond their pre-disasterconditions.

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The purpose of a Categorical Exclusion(CATEX) is to streamline the environmental review process for actions that donot individually or cumulatively have a significant effect on the humanenvironment. ​CATEX allows federal agencies to exclude certain categories of actions from therequirement to prepare an Environmental Assessment (EA) or Environmental ImpactStatement (EIS) under the National Environmental Policy Act (NEPA). ​ It helps in efficiently managingroutine or low-risk projects by providing a predetermined exclusion from themore detailed environmental review processes, allowing agencies to makeinformed decisions while still considering environmental factors. CATEXprovides a form of compliance with NEPA for actions that do not require adetailed NEPA review, saving time and resources while ensuring regulatorycompliance. ​

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The process for FEMA's fixed-costoffers involves several key steps: ​

1. Applicant Acceptance: The applicant has up to 18 months from the     disaster declaration date to accept a fixed-cost offer for each project. ​ If the applicant is requesting Public Assistance (PA) hazard     mitigation funding, they must determine the actual Scope of Work (SOW) and     hazard mitigation measures to be performed within the 30-day and 18-month     deadlines. ​
2. Transmittal of Offer: Once the applicant accepts the fixed-cost offer,     FEMA transmits the offer to the recipient via PA Grants Manager/Grants     Portal for consideration. ​
3. Review by Applicant: The recipient and applicant have a combined     total of 30 calendar days from the date of FEMA’s transmittal to accept     the offer, not exceeding the 18-month deadline. ​
4. Adjustments: If the estimated amount is less than what the applicant is willing     to accept as a fixed cost, the applicant may decline the offer. ​ In such cases, FEMA obligates the project based on the estimated     amount in the offer and adjusts funding based on actual eligible costs at     closeout. ​
5. Expert Panel Review: For fixed-cost offer projects with an estimated     federal share of $25 million or greater, an independent third-party panel     of cost estimating experts may review project estimates. ​ The review focuses on cost elements and does not make decisions     related to the eligibility of work. ​
6. Compliance Reviews: FEMA conducts compliance reviews during various     phases to ensure program compliance, quality assurance, insurance     requirements, PA hazard mitigation eligibility, and Environmental and     Historic Preservation (EHP) compliance. ​
7. Obligation: During the Obligation and Recovery Transition phase, FEMA     obligates funding to recipients, finalizing the approved scope of work and     cost estimate as the official record. ​

Overall, the fixed-cost offer processinvolves careful consideration, review, and acceptance by the applicant beforeFEMA finalizes the funding based on the agreed-upon fixed amount. ​

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According to the provided document, FEMA provides Public Assistance (PA) funding based on State, Territorial, or Tribal (SLTT) rates up to $75 per hour. ​ This means that if the SLTT rates established under State, Territorial, or Tribal guidelines for normal day-to-day operations are below or equal to $75 per hour, FEMA will provide reimbursement based on those rates. ​However, if the SLTT rates exceed $75 per hour, the Applicant must demonstrate that each component of the rate is comparable to current market prices. FEMA evaluates the rate for approval on a case-by-case basis, considering whether the rate is reasonable and comparable to prevailing market rates. ​It's important to note that the document does not mention any specific maximum hourly rate beyond $75 for SLTT rates. Therefore, $75 per hour appears to be the threshold for reimbursement unless the Applicant can justify higher rates based on market prices and receives approval from FEMA. ​

• Separate the work anticipated to be completed     within the increased cost share period from that to be completed after the     increased cost share period. ​
• Notify FEMA if the applicant needs funds for more     than 180 days from the time the project is ready for obligation. ​
• Provide documentation demonstrating that the     increased cost share is due to extraordinary circumstances beyond the     applicant's control.

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Keeping Track of Supplies: Essential Requirements for FEMA Reimbursement

FEMA's Public Assistance program provides financial assistance for eligible supplies used during disaster response and recovery efforts. Here's a breakdown of the key criteria for reimbursement:

Eligibility:

• Purchased and Necessary: Supplies (including materials) must be:
  • Purchased: Acquired specifically for the disaster response or recovery.
  • Justified as Necessary: Directly contribute to the effectiveness of these efforts.
• Taken from Existing Stock: If using existing supplies:
  • Used for the Incident: They must be demonstrably used in the response or recovery.
  • Documented Usage:  Inventory withdrawal and usage records must track these items.

Documentation:

• Purchased Supplies:
  • Cost Documentation:  Provide original invoices or historical cost records to verify the cost.
• Supplies from Stock:
  • Inventory Records: Maintain records detailing the type and quantity of supplies used.

Justification for Unused Supplies:

• Purchased but Unused:
  • Justification Required: Explain why the supplies were not needed. This ensures FEMA reimburses only for essential supplies.

Unused Residual Supplies:

• Fair Market Value Calculation: When supplies are no longer needed for FEMA-funded projects, calculate their current fair market value if the total exceeds $5,000.
• Potential Funding Reduction: FEMA may reduce reimbursement by this amount.

Importance of Documentation:

Maintaining proper documentation and justification for supplies is crucial for ensuring compliance with FEMA's reimbursement requirements. This helps demonstrate the eligibility and necessity of the supplies claimed.

By following these guidelines, applicants can ensure a smooth and successful FEMA Public Assistance application process for supplies cost reimbursement.

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The term “medical sheltering” is meant to address the specific needs directly resulting from this Public Health Emergency.  For purposes of eligibility under the COVID-19 declarations, FEMA will consider non-congregate sheltering for health and medical-related needs, such as isolation and quarantine resulting from the public health emergency.  Alternate care sites and temporary hospitals are not considered non-congregate sheltering and such requests should be routed through the proper channels.  Please refer to the Emergency Medical Care for COVID-19 Fact Sheet.

Medical sheltering (e.g. when existing facilities are reasonably forecasted to become overloaded in the near future and cannot accommodate needs)
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o  All sheltering must be conducted in accordance with standards or guidance approved by    HHS/CDC and must be implemented in manner that incorporates social distancing measures.
o  Non‐congregate medical sheltering is subject to prior approval by FEMA and is limited to that  
o Household pet sheltering and containment actions related to household pets in accordance     with CDC guidelines.·      
o Purchase and distribution of food, water, ice,medicine, and other consumable supplies, to      include personal protective equipment and hazardous material suits.·        
o Movement of supplies and persons.·        
o Security and law enforcement.·        
o Communications of general health and safety information to the public.·      
o Search and rescue to locate and recover members of the population requiring assistance.·        
o Reimbursement for state, tribe, territory and/or local government force account overtime      costs.

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Key differences between AlternativeProcedures Projects and Standard Projects: ​

1. Alternative Procedures Project:some text
    
   • Fixed-cost project with use of excess funds. ​
    
   • May use funds across all Alternative Procedure      Permanent Work Projects. ​
    
   • Approval only required for specific changes      involving buildings or structures aged 45 years or older, ground      disturbing activities, or work in or near water. ​
    
   • Do not need to track costs associated with      changes to the Scope of Work (SOW) specifically. ​
    
   • Do not need to track work to specific Alternative      Procedures Projects, only need to show work is related to the approved      SOW across projects. ​
 
2. Standard Project:some text
    
   • Actual cost project with no retention of excess      funds associated with the approved estimate. ​
    
   • Can only use funds toward the specific work      identified in each project. ​
    
   • Approval required for any change to the SOW. ​
    
   • Must track costs associated with all changes to      the SOW. ​
    
   • Must track costs specific to each work item      within each individual project. ​

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Emergency Work: Saving Lives, Property, and Infrastructure After Disasters

Following a disaster, immediate action is crucial. FEMA's Public Assistance program recognizes this through "Emergency Work" funding, which supports essential activities undertaken before, during, and after an incident.

What is Emergency Work?

Emergency Work encompasses the immediate actions taken to:

• Protect Lives and Public Health:  Eliminate or reduce immediate threats to life, public health, or safety.
• Prevent Further Damage:  Minimize the risk of significant additional damage to public or private property in a cost-effective manner.

Examples of Emergency Work Activities:

• Emergency Protective Measures: This includes tasks such as transporting and pre-positioning resources, flood fighting, ensuring emergency access for responders, and providing medical care and transportation to those in need.
• Evacuation and Sheltering:  Moving people to safe locations and providing temporary housing after a disaster.
• Safety Measures: Performing safety inspections, removing animal carcasses, demolishing unstable structures, and implementing security measures after a disaster.
• Search and Rescue: Locating and rescuing people in distress.
• Firefighting:  Extinguishing fires and mitigating fire hazards.
• Public Communication:  Disseminating vital information to the public during and after a disaster.
• Human Remains:  Proper storage and interment of human remains.

The Goal of Emergency Work:

The primary purpose of Emergency Work is to:

• Eliminate or Lessen Immediate Threats:  Address the most pressing dangers posed by the disaster.
• Restore Functionality:  Restore the damaged facilities, infrastructure, or property to their pre-disaster design and function as much as possible.

Timeline for Completion:

Generally, Emergency Work must be completed within 6 months of the disaster declaration date. However, extensions may be granted by the Recipient (usually the state) or FEMA under specific circumstances.

Understanding Emergency Work is essential for:

• Government Agencies and Organizations:  Applying for FEMA Public Assistance funding to reimburse costs associated with these vital activities.
• Citizens:  Being aware of the crucial role Emergency Work plays in disaster response and recovery efforts within their communities.

By prioritizing Emergency Work, communities can initiate the recovery process swiftly, minimizing further damage and prioritizing the safety and well-being of citizens.

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FEMA Deadlines for Completing Emergency Work after Disasters

Following a disaster declaration, FEMA sets deadlines for completing emergency work funded by Public Assistance grants. Understanding these deadlines is crucial for efficient project completion and potential extensions.

Emergency Work Deadline:

• Generally 6 Months:  You have 6 months from the disaster declaration date to finish emergency work, unless a formal extension is granted.

Who Can Grant Extensions?

• Initial 6 Months: The Recipient (usually the state) has the authority to extend the deadline for emergency work for an additional 6 months.
• Temporary Facilities: Extensions for temporary facilities beyond the initial 6 months require FEMA approval.

Permanent Work and Beyond 6 Months:

• Up to 12 Months:  If restoring the original damaged facility takes longer than 6 months, FEMA may approve additional time and funding up to 12 months.
• Beyond 12 Months:  Written requests for extensions exceeding 12 months must be submitted to FEMA.

FEMA Approval Criteria for Extensions Beyond 12 Months:

• Construction Starts Within 12 Months:  Generally, FEMA only approves extensions if construction on the damaged facility begins within 12 months of the declaration date.
• Exceptions:  Exceptions may be considered if circumstances beyond your control prevented construction from starting within the timeframe.

Key Takeaway:

Be mindful of the initial 6-month deadline for emergency work. If an extension is needed, work with the Recipient for initial extensions and contact FEMA directly for extensions beyond 12 months. Remember, demonstrating a timely start to construction strengthens your case for approval.

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The Work Completion Date is defined asthe date when the applicant completes all work associated with the approvedScope of Work (SOW), including meeting all compliance requirements. ​ It is also the date when all work ona project is completed or when the applicant notifies FEMA that work iscomplete, whichever comes first. ​ Additionally, it is the date when all work is completed,inspected, and accepted by the applicant as eligible for Public Assistancefunding. ​

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Public Assistance Grants: Navigating Special Considerations

The Federal Emergency Management Agency (FEMA) uses the Special Considerations Questionnaire to identify potential environmental, historical, hazard mitigation, and insurance concerns for Public Assistance grant projects.

What is the Questionnaire?

This form consists of nine questions designed to assess if your project requires special considerations in these areas. By answering these questions, you help FEMA determine any potential compliance needs.

What does the Questionnaire cover?

The nine questions delve into various aspects of your project, including:

• Environmental impact: Potential effects on protected ecosystems or endangered species.
• Historic preservation:  Impact on historical sites or structures.
• Hazard Mitigation: Measures to reduce future vulnerability to disasters.
• Insurance considerations:  Applicant's insurance coverage and potential overlaps with grant funding.

How do I answer the Questionnaire?

Each question allows for a simple "Yes," "No," or "Unsure" response. It's crucial to elaborate with comments, especially for "Yes" or "Unsure" answers. This clarifies your response and helps FEMA understand your project's specifics.

Why is the Questionnaire important?

Completing this questionnaire is vital as it helps FEMA identify potential issues early on.  An "Unsure" response indicates you might need further guidance or investigation regarding a specific consideration.

What happens after I submit the Questionnaire?

Based on your answers, FEMA may request additional documentation to ensure your project complies with all special considerations. This could involve environmental studies, historic preservation plans, or mitigation strategies.

By working collaboratively with FEMA through this questionnaire, you can ensure a smooth grant application process and address any potential concerns upfront.

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The disposition requirements for equipment and supplies funded through FEMA Public Assistance (PA) grants depend on the type of recipient and the fair market value of the items:

State and Territorial Applicants:

• Equipment: State and territorial applicants have more flexibility in disposing of equipment purchased with PA funds. They can dispose of the equipment according to their own laws and procedures. (https://www.fema.gov/sites/default/files/documents/fema_pa-covid-19-disposition-requirements-equipment-supplies-faq_0.pdf)

All Other Applicants (Local Governments, Tribes, Non-Profits):

• Equipment: These applicants must dispose of equipment in accordance with FEMA regulations.  There are two main options:
  • Retain or transfer the equipment: The applicant can retain the equipment for continued use in federally-funded programs or projects.  They must notify FEMA of their intent to retain the equipment and potentially compensate FEMA for its residual fair market value.
  • Sell or dispose of the equipment: The applicant can sell or otherwise dispose of the equipment, but must ensure disposal complies with applicable state and territorial laws and regulations.

Disposition Requirements for Supplies:

• All Applicants: Regardless of applicant type, all recipients must calculate the current fair market value of any unused residual supplies (including materials) funded by FEMA for any of their projects.
  • If the aggregate total of unused residual supplies is greater than $5,000, FEMA reduces the eligible funding provided in the PA grant by the applicable amount.
  • Applicants must document the disposition of these supplies and maintain proper records.

Important Considerations:

• Disposal Costs: FEMA will provide funding for the disposal of eligible supplies and equipment obtained under a PA grant or provided by FEMA as Direct Federal Assistance. These costs are eligible up to 90 days after the work completion deadline on the PA grant. (https://www.fema.gov/sites/default/files/documents/fema_pa-covid-19-disposition-requirements-equipment-supplies-faq_0.pdf)
• Documentation:  It's crucial for applicants to maintain proper documentation to demonstrate their compliance with FEMA's disposition requirements for both equipment and supplies.

Resources:

• COVID-19 Pandemic: Public Assistance (PA) Disposition Requirements for Equipment and Supplies Frequently Asked Questions Version 2: https://www.fema.gov/sites/default/files/documents/fema_pa-covid-19-disposition-requirements-equipment-supplies-faq_0.pdf
• FEMA Public Assistance Grant Program Website: https://www.fema.gov/assistance/public

By understanding these requirements, applicants can ensure they properly dispose of equipment and supplies funded through FEMA PA grants while maximizing their eligible reimbursement for disaster recovery efforts.

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Federal Laws:

• National Historic Preservation Act (NHPA):  This is the foundation of federal historic preservation policy. It establishes the National Register of Historic Places (NRHP) and outlines procedures for considering the effects of federal undertakings on historic properties. (https://www.nps.gov/subjects/archeology/national-historic-preservation-act.htm)
• National Environmental Policy Act (NEPA): NEPA requires federal agencies to consider the environmental impacts of their actions, which can include potential effects on historic properties.  (https://www.whitehouse.gov/ceq/)
• E.O. 11593 - Protection and Enhancement of Cultural Properties: This Executive Order directs federal agencies to identify and consider historic properties when undertaking activities that might affect them.  (https://www.archives.gov/federal-register/codification/executive-order/11593.html)
• Other Federal Laws:  Depending on the specific project and location, other federal laws related to historic preservation, such as the Archaeological and Historic Preservation Act or the Advisory Council on Historic Preservation Act, might also be referenced.

State and Local Regulations:

• Many states and localities have their own historic preservation laws and regulations that might be more specific than federal requirements.  The Greenbook likely references the relevant regulations for the state the guide applies to.
• You can find information on your state's historic preservation office and regulations through the National Conference of State Historic Preservation Officers (NCSHPO): https://ncshpo.org/

FEMA Regulations and Policies:

• FEMA EHP Policy Guidance for FEMA Grant Applications: This guidance document outlines FEMA's expectations for EHP review within the PA Program. It elaborates on how FEMA incorporates EHP considerations into project reviews and ensures compliance with relevant federal laws and regulations.  (https://www.fema.gov/emergency-managers/practitioners/environmental-historic)
• FEMA Public Assistance Policy Guide (PAPPG): While there isn't a single online version of the latest PAPPG, specific chapters might address EHP considerations within the PA grant application and review process. Search for "FEMA Public Assistance Policy Guide" + Chapter number (e.g., Chapter 3) on FEMA's website.

Additional Considerations:

• The specific EHP regulations cited in the Greenbook will depend on the type of disaster, the location of the project, and the nature of the potentially affected historic properties.
• It's always recommended to consult directly with your State Historic Preservation Office (SHPO) and FEMA EHP specialists for the most up-to-date guidance on EHP regulations applicable to your specific situation.

By understanding these general categories and the importance of consulting with relevant authorities, you can navigate the EHP review process within the FEMA PA Program more effectively.

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What is the Disaster Incident Date? From what date should I begin tracking costs for this incident? 

Answer: The COVID-19 incident start date is January 20, 2020. The period will still ultimately decided

Time Limitations for Completion of Work

Emergency medical care costs are typically only eligible for up to 30 days from the declaration date unless extended by FEMA.

Under the COVID-19 Declarations, eligible emergency medical care costs are eligible for the duration of the Public Health Emergency, as determined by HHS.

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The federal share of assistance is not less than 75 percent of the eligible cost. The Recipient determines how the non-federal share (up to 25 percent) is split with the sub-recipients (i.e. eligible applicants).

April 2, 2020

President Donald J. Trump
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Dear President Trump:

On behalf of the nation’s governors, we write in support of the numerous requests for you to direct the Federal Emergency Management Agency (FEMA) to waive all cost-share requirements for assistance, where authorized, under your Emergency Declaration and any superseding Major Disaster Declaration in response to the COVID-19 pandemic.

FEMA is authorized to increase the federal cost-share to 100 percent for emergency work, including Direct Federal Assistance “if warranted by the needs of a disaster” (44 CFR§ 206.47(d)). We believe that the unprecedented size, scale and duration of the COVID-19 impacts far exceed the response capabilities of the states and territories and warrants the full force and support of the federal government. Waiving the cost-share requirements will ensure that states and territories are able to adequately and rapidly respond to and support the American people.

This is also a crisis unlike any other. FEMA’s reimbursement process for disaster recovery is designed around rebuilding after widespread physical damage from a natural disaster, such as a hurricane. In this case, states are responding to an ongoing and evolving public health crisis. We need federal funding that is immediately accessible and flexible enough to address emerging needs for critical materials.

We appreciate the continued partnership of the administration and FEMA in ensuring that our response is locally-executed, state-managed and federally-supported.

Sincerely,

Governor Larry Hogan, Chair
Governor Andrew Cuomo, Vice Chair

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The Americans with Disabilities Act (ADA) plays a role in FEMA's Public Assistance (PA) program to ensure disaster recovery efforts are inclusive and accessible to all. Here's a breakdown of the key requirements:

Accessibility of Repaired or Replaced Facilities:

• When FEMA provides funding to repair or replace a public facility (building, park, infrastructure) damaged in a disaster, the ADA requires that the facility must be accessible to and usable by people with disabilities.
• This applies whether or not the facility was accessible before the disaster.

Funding for ADA Compliance:

• FEMA will provide funding for ADA compliance measures associated with the repaired or replaced elements of the damaged facility.
• This includes features like:
  • Ramps
  • Accessible restrooms
  • Braille signage
  • Lowered countertops

Limits on ADA Funding:

• There might be limitations on funding for ADA compliance measures that are not directly related to the damaged elements.
  • For example, FEMA might not cover  upgrading an entire bathroom to meet ADA standards if only a minor fixture was damaged.

Pre-Disaster Accessibility Not a Requirement:

• FEMA funding for ADA compliance is not contingent on the pre-disaster accessibility of the facility.

Additional Considerations:

• FEMA policies distinguish between repairs to existing facilities and entirely new construction projects.
  • New facilities funded by FEMA must meet all current ADA standards, regardless of the disaster.
• FEMA's Office of Disability Integration and Coordination (ODIC) offers resources and guidance on incorporating ADA considerations into disaster recovery efforts.

Finding More Information:

• FEMA ADA Access Requirements: https://training.fema.gov/emi.aspx
• FEMA Public Assistance Policy Guide (PAPPG): Chapter 8:  Public Assistance Policy -  Repair, Replacement, Restoration ([invalid URL removed]) (This guide offers a detailed explanation of ADA requirements for PA projects)
• FEMA Office of Disability Integration and Coordination (ODIC): https://www.fema.gov/about/offices/disability

Remember, FEMA regulations can be complex.  It's always recommended to consult directly with FEMA or your state emergency management office for the latest information on ADA requirements  specific to your PA project.

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• The applicant needs to provide detailed     information about the work, including a description of the immediate     threat, work activities, locations, cost estimates, insurance policies,     labor details, equipment information, supplies, contract work documentation,     and other emergency work costs. ​
• The project must be a permanent work project with     a total estimated cost of $1 million or less. ​
• The project must be able to be completed within     180 days from the time it is ready for obligation. ​
• For small projects with a total estimated cost of     $55,000 or less, the project must be for emergency work. ​
• The applicant must submit a detailed scope of     work, cost estimate, and schedule for the project to FEMA for review and     approval. ​

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A Record of EnvironmentalConsideration (REC) is a FEMA administrative document that records theapplication of a categorical exclusion (CATEX) or statutory exclusion (STATEX)to a specific proposed action (scope of work) and captures the compliance determinationsmade for all applicable Environmental and Historic Preservation (EHP) laws andExecutive Orders (EOs). ​ The REC is used to convey any conditions for compliancethat have been placed on the project. ​ It serves as a formal record of the environmental reviewprocess and the decisions made regarding compliance with EHP requirements for aparticular project. ​

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FEMA's Public Assistance (PA) program allows eligible applicants to offset some of their disaster recovery costs with donated resources, including volunteer labor and donated supplies. Here's a breakdown of the policy and where to find more information:

Policy on Donated Labor and Supplies:

• Offsetting Costs: Donated resources can be used to reduce the documented cost share that an applicant (state, tribe, local government, or eligible non-profit) would normally have to pay under the PA program.
• Valuation Required:  The value of donated resources must be documented and included in the applicant's PA program request.
• Valuation Standards: FEMA has established standards for valuing donated labor and supplies.
  • Donated Labor:  The hourly rate for similar work performed by local government employees is typically used.
  • Donated Supplies:  The value is generally based on the current market value or documented acquisition costs with invoices or receipts.

Benefits of Donated Resources:

• Reduced Costs:  By utilizing donated resources effectively, applicants can lower their overall disaster recovery expenses.
• Increased Capacity: Donated labor and supplies can supplement existing resources and expedite recovery efforts.

Finding Donated Resource Information:

• FEMA Public Assistance Program and Policy Guide (PAPPG):  Chapter 3: Cost Eligibility, Section III Donated Resources  ([invalid URL removed]) provides detailed information on valuing and documenting donated resources.
• FEMA Donated Resources Can Help Offset Public Assistance Project Costs: This FEMA webpage offers a general overview of how donated resources can be used under PA: https://www.fema.gov/appeal/donated-resources
• Instructions on Capturing Donated Resources | Catholic Extension: While not directly affiliated with FEMA, this guide provides a helpful template for tracking volunteer hours, qualifications, and other details needed to value donated labor: https://www.catholicextension.org/grant-information/faq-and-policies/

Additional Tips:

• Develop a System for Tracking Donations:  Establish a system to record and document all donated resources, including the type of donation, source, value, and how it was used.
• Maintain Documentation:  Keep detailed records of volunteer hours, qualifications (if applicable), and receipts or invoices for donated supplies.

Remember, FEMA regulations can be complex.  It's always recommended to consult directly with FEMA for the latest information on donated resources and  specific requirements for including them in your PA program application.

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Answer: Please see FEMA Public Assistance Program and Policy Guide (PAPPG) – Under Chapter 2: Public Assistance Policy, Section V. Costs Eligibility, Subpart L. Donated Resources Value of Resources. 44 CFR 13.24 addresses how donated resources are to be valued. The following instructions are based on that part of the CFR: 1. Volunteer Labor: The value of volunteer labor is discussed in 44 CFR 13.24 (c) (1).

The rate placed on volunteer labor should be the same rate (plus reasonable fringe benefits) ordinarily paid for similar work within the applicant's organization. Premium rates will not be used. If the applicant does not have employees performing similar work, the rate should be consistent with those ordinarily performing the work in the same labor market.

To determine the value of volunteer labor, the labor rate should be multiplied by the total number of volunteer labor hours. Credit may be given for volunteer labor in any field reasonably required for emergency work, including the work of volunteer equipment operators.

FEMA 2018 PAPPG Link - https://www.fema.gov/media-library-data/1525468328389- 4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf

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The facility must be:

The legal responsibility of an eligible Applicant and not under the specific authority of another Federal agency.

Located in the designated disaster area.

Damaged by the declared disaster or emergency.

In active use and open to the general public at the time of the disaster.

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FEMA's response to insufficientdocumentation includes issuing a Request for Information (RFI) for additionaldocumentation, potentially issuing a Determination Memo if necessarydocumentation is not provided, conducting compliance reviews to address noncomplianceissues, and providing appeal rights to applicants. ​ FEMA works with applicants to ensureaccurate reimbursement and may request technical assistance to improvedocumentation quality. ​

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Debris removal activities, such as clearance, removal, and disposal, are eligible as Category A if the removal is in the public interest based on whether the work:

• Eliminates immediate threats to lives, public health, and safety;

• Eliminates immediate threats of significant damage to improved public or private property; or

• Ensures economic recovery of the affected community to the benefit of the community at large.

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Here's a breakdown of the FEMA PA 50% Rule, how it's calculated, and how it differs from the NFIP 50% substantial damage rule:

FEMA PA 50% Rule:

• Applies to structures located within a Special Flood Hazard Area (SFHA) following a disaster.
• The rule states that if the cost to repair a damaged structure equals or exceeds 50% of the structure's market value before the disaster, the structure is considered substantially damaged.

Calculation of FEMA PA 50% Rule:

1. Market Value:  This is the value of the structure itself, not including the land it sits on. It's typically determined by a qualified appraiser or based on county property assessments.
2. Repair Cost: This includes the estimated cost to repair the structure to its pre-disaster condition. FEMA might involve specialists to assess damage and estimate repair costs.

Consequences of Substantial Damage (FEMA PA):

• If a structure is deemed substantially damaged under the 50% rule, it must be brought into compliance with current local floodplain management standards before repairs can proceed.
• This might involve elevating the structure, floodproofing measures, or meeting stricter building codes.

Key Differences from NFIP 50% Substantial Damage Rule:

• Program: The FEMA PA 50% Rule applies to the FEMA Public Assistance (PA) Grant Program, which helps communities and certain entities recover from disasters. The NFIP 50% rule is associated with the National Flood Insurance Program (NFIP), which provides flood insurance to property owners.
• Eligibility:  The FEMA PA program assists with repairs to public infrastructure and essential services, not necessarily individual homes.  The NFIP provides flood insurance for covered structures.
• Trigger: The FEMA PA rule is triggered by any disaster, not just floods. The NFIP rule specifically applies to flood damage.

Additional Points:

• FEMA might have stricter regulations in some communities that exceed the minimum 50% threshold.
• It's always best to consult with your local floodplain management office or FEMA directly to understand the specific requirements in your area.

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EXPEDITED FUNDING FOR COVID-19 EMERGENCY RESPONSE COSTS

FEMA has advised that Expedited Funding may be available for Covid-19 costs for applicants responding to the Covid-19 disaster. An agency or local government may have a cash flow need for funding to conduct response activities that address an immediate threat. If governments undertake these activities in response to a Presidentially-declared disaster, FEMA may provide expedited funding for Public Assistance Emergency Work projects. FEMA will base the funding amount on estimated costs instead of actual costs or site inspections, as is required for non-expedited projects.

The official FEMA Covid-19 Expedited Funding policy has not been released yet (4/6/20), but the established Expedited Funding guidance from FEMA should provide a reasonable outline of what to expect.

• FEMA may provide expedited funding for Emergency Work projects (Category A or B) that meet or exceed the large project threshold ($131,000).

•  FEMA funds Expedited Projects at 50 percent of the Federal share (75%) of the estimated project cost. 

• Requests for Expedited Projects must be submitted to FEMA within a specific period. (Your State will advise)

• Applicants must provide enough information for FEMA to validate that the work and costs are eligible.

• Applicants must substantiate its legal responsibility for the work. 

• Applicant needs to provide the estimates or actual costs broken down by the Applicant’s monthly (or bi-weekly) operational periods a limited timeframe(Could impact cost share % and balance of funding obligations)

Emergency Work projects for Covid-19 will be difficult to estimate due to the type of work conducted. Unlike Permanent Work, where a detailed SOW is usually determined and estimated with unit pricing in advance, the detailed scope of work to address Covid-19 Emergency Work is unknown and therefore, difficult to estimate in advance. Additionally, emergency response activities do not generally have established unit pricing and have a lot of variables that can impact pricing. If the Applicant provides sufficient information, FEMA may process Emergency Work projects based on estimates. Force Account labor could be based on daily estimates of related Covid-19 payroll costs. Actual costs for supplies and materials and contracts should also be used in estimates.

The Expedited Funding policy below is NOT the official Covid-19 expedited funding policy which is expected to be quicker and easier, but provides an initial guide on the process.  Keep in mind that Expedited Funding must ultimately be reconciled and supported at a later date.

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To request an expedited project, applicants must provide FEMA with detailed lists containing high-level descriptions of activities the applicant has performed, or will perform. PA activity descriptions must include:

- How the activities were or will be performed;

- How the threat created a necessity for action;

- Locations where activities were or will be performed; and

- Dates emergency work was or will be performed.

Generally, costs that can be directly tied to the performance of eligible work are eligible. Costs must be:

Reasonable and necessary to accomplish the work.

Compliant with Federal, State and local requirements for procurement.

Reduced by all applicable credits, such as insurance proceeds and salvage values.

Cost is reasonable if it is a cost that is both fair and equitable for the type of work being performed.

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he cost of eligible work is typically a shared cost. The Federal share of assistance is generally not less than 75 percent of the eligible cost for Emergency Measures and Permanent Work. The grant recipient is usually the State. The Recipient determines how the non-Federal share – up to 25 percent – is split with eligible Subrecipients  (Applicants). There are exceptions.

Under certain circumstances the Federal share may be 90 percent or even 100 percent.

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Category B of FEMA's Public Assistance (PA) Program reimburses state, tribal, and local governments, along with certain private non-profits, for eligible  emergency protective measures taken to save lives, protect public health and safety, or lessen further damage to property in the face of a declared disaster.

Here's a breakdown of what's eligible under Category B:

• Measures Taken:
  • The actions must be necessary to address an immediate threat caused by the disaster.
  • These are typically short-term actions taken in the immediate aftermath of the event, focusing on preventing further harm rather than permanent repairs.
• Eligible Activities (Examples):
  • Evacuation and sheltering:  Costs associated with moving people out of harm's way and providing temporary housing in shelters.
  • Search and rescue:  Efforts to locate and evacuate people who might be trapped or injured.
  • Debris removal that poses an immediate threat:  Removing debris blocking roads, emergency routes, or posing a health hazard (e.g., hazardous materials, contaminated food)
  • Sandbagging to prevent flooding
  • Structural shoring to prevent building collapse
  • Traffic control and road closures
  • Firefighting measures (in some cases)
  • Medical care and transport for sheltering populations
  • Security measures to protect public property and prevent looting
  • Disseminating public information about dangers and safety measures
• Cost Eligibility:
  • Costs must be necessary, reasonable, and directly related to the emergency protective measures taken.
  • Proper documentation, including justifications for the actions and detailed records of expenses, is crucial for reimbursement.

Important Considerations:

• Focus on Immediate Threats:  Category B addresses immediate threats, while permanent repairs or replacements typically fall under FEMA's permanent work programs.
• Public vs. Private Property:  The focus is on public property; however, limited actions on private property might be eligible if they address an immediate threat to public health or safety (e.g., removing debris blocking a public road).
• Documentation:  Maintain detailed records of the emergency protective measures taken, the threats addressed, and the costs incurred.

Resources for More Information:

• FEMA Public Assistance: Category A - Debris Removal including Private Property Debris: This fact sheet offers details on debris removal as an emergency protective measure: https://www.fema.gov/sites/default/files/documents/fema_pa-category-a-debris-removal-ppdr-factsheet.pdf
• FEMA Public Assistance Program and Policy Guide (PAPPG): Chapter 2: Public Assistance Policy, Section V Cost Eligibility ([invalid URL removed]) (This comprehensive guide details eligibility criteria for various cost categories)
• FEMA Eligible Emergency Protective Measures - Fact Sheet: While superseded by a more recent policy document, this fact sheet provides a general overview of eligible measures: https://www.fema.gov/fact-sheet/eligible-emergency-protective-measures

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Procurement Under Grants Public Assistance Policy

Please visit the Procurement Disaster Assistance Team webpage.

Procurement Under Grants for Public Assistance.  If you are a state, tribe, local government or private non-profit seeking reimbursement from FEMA for Public Assistance work, then there are federal procurement requirements that you must adhere to when contracting for the completion of that work.  Below you will find a 40-minute narrated presentation that will familiarize you with the major procurement-related requirements imposed by federal regulations on Public Assistance grantees and subgrantees, as well as the potential consequences of non-compliance.  In addition, below you will find job aids on procurement requirements for private non-profits and for local and tribal governments.

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Template for Comparison of Federal and State Procurement Requirements as Applicable Under FEMA’s Public Assistance Program

The purpose of this template is to serve as a resource to applicable to local governments, Indian tribes, nonprofit organizations, and institutions of higher education that are required to follow state procurement rules. However, this template is voluntary for the states to fill out. If the state decides to use this template, it should fill in the boxes, which include bracketed instructions, with applicable state information, such as the specific state or state agency, rule, citation, or resource.

Template for Comparison of Federal and State Procurement Requirements as Applicable Under FEMA’s Public Assistance Program

The purpose of this template is to serve as a resource to applicable to local governments, Indian tribes, nonprofit organizations, and institutions of higher education that are required to follow state procurement rules. However, this template is voluntary for the states to fill out. If the state decides to use this template, it should fill in the boxes, which include bracketed instructions, with applicable state information, such as the specific state or state agency, rule, citation, or resource.

Procurement Under Public Assistance Awards Brochure

This brochure provides an overview of the procurement rules applicable to local governments, tribes, institutions of higher education, and other nonprofits regarding the Federal procurement rules that apply to FEMA’s Public Assistance Program.

Top 10 Procurement Under Grant Mistakes Leading to Audits and Potential Loss of Public Assistance Funding

This document provides a description of the top 10 issues that recipients and subrecipients of FEMA’s Public Assistance Program face regarding the Federal procurement under grants requirements.

FAQs for Sole Sourcing in Exigency or Emergency Circumstances

This document provides answers to frequently asked questions about the exigency or emergency circumstances exception to the full and open competition requirements under 2 C.F.R. § 200.320(f)(2). This document also provides a template for justifying noncompetitive proposals (also known as sole source procurements) using this exception.

FEMA Pricing Guide for Recipients and Subrecipients

This Guide is written with the specific intent of assisting FEMA’s recipients and subrecipients (formerly referred to as “grantees” and “subgrantees,” and now collectively referred to as “non-federal entities” or “NFEs”) with identifying and executing basic contract cost and price analysis requirements associated with procurements under Federal disaster assistance grants.  Accordingly, this Guide will identify and discuss commonly used general standards and techniques that various entities at all levels of government and industry use to meet the pricing requirements found within the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal (Uniform Rules).

Procurement Guidance for Recipients and Subrecipients Under 2 CFR Part 200 (Uniform Rules)

This document provides guidance for Non-Federal Entity (“NFE”) recipients and subrecipients of Federal financial assistance awarded by the Federal Emergency Management Agency when using that assistance to finance procurements of property and services. The guidance provided by this document only applies to Federal financial assistance (e.g., grants and cooperative agreements) subject to the procurement standards of the government-wide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, at 2 C.F.R. §§ 200.317 to 200.326, which were adopted by the Department of Homeland Security.

Checklist for Procurements Associated with Disasters BEFORE Dec 26 2014 - IHE, Hospitals, and PNPs

This checklist was created to assist FEMA grantees and subgrantees in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is NOT intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. §§ 215.40-48, which is the source of these requirements as they apply to Institutions of Higher Education (IHE), Hospitals, and Other Non-Profit Organizations.Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements, which is available on the internet by searching for "FEMA Procurement Field Manual." If any questions arise, please contact your servicing attorney or legal counsel for assistance. 1 In addition, the user may review FEMA’s

PDAT Course Description

This document provides a short description of the Procurement Under FEMA Awards Presentation.

Key Points Regarding Contracting Practices for Local and Tribal Governments

In the aftermath of a disaster resulting in a disaster declaration by the President of the United States, FEMA provides grant funding to local and tribal governments and non-profit ("PNP") entities to assist them with recovering from the event. Local governments and non-profit entities are generally referred to as "Subrecipients" because they receive grant funds through the state; tribal governments also are Subrecipients when not receiving grant funds directly from FEMA.1 Subrecipients must comply with the federal procurement standards to ensure their procurements are eligible for federal grant funding. These standards are found in Title 2 of the Code of Federal Regulations ("CFR"), sections 200.318 through 200.326 and became effective for declarations issued on or after December 26, 2014.2 While this document is intended to provide a summary of general guidance on FEMA’s standards for procurement, it is not intended to be comprehensive, serve as legal advice, or replace the advice of your servicing legal counsel.

Checklist for Procurements Associated with Disasters AFTER Dec. 26, 2014 -New Uniform Rules (11-14-16)

This checklist was created to assist FEMA recipients and subrecipients in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is not intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. § 200.317 – 326, which is the source of these requirements. FEMA’s in –depth guidance on these provisions can be found in its Supplement to the Public Assistance Field Manual. In addition, the user may review FEMA’s Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements, which is available on the internet by searching for "FEMA Procurement Field Manual." While the Field Manual was drafted to specifically address the Federal procurement standards that were in effect prior to 26 December 2014 (44 C.F.R. § 13.36(a)-(i) – States, Local and Tribal Governments; and 2 C.F.R. § 215.40-48 – Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), many of the concepts are similar or identical in substance, and thus remains an excellent tool for navigating the current Federal procurement standards. If any questions arise, please contact your servicing attorney or legal counsel for assistance.

2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses (1-09-17)

Requirements under the Uniform Rules. A non-Federal entity’s contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. § 200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes) as these must necessarily be written based on the non-Federal entity’s own procedures in that area.

OCC Toolbox Series PNP Requirements

This document is intended to help attorneys and procurement officials for private nonprofits understand the requirements for procurements under Federal grants set forth at 2 C.F.R. §§ 215.40-48.  

OCC Toolbox Series Non-State Requirements

This document is intended to help attorneys and procurement officials for local and tribal governments understand the requirements for procurements under Federal grants set forth at 44 C.F.R. § 13.36.

Public Assistance Grantee & Subgrantee Procurement Field Manual

The PA Grantee and Subgrantee Procurement Field Manual provides a description and explanation of the mandatory requirements for Public Assistance grantees and subgrantees when using Public Assistance funding to finance their procurements.  We developed this Field Manual to support FEMA employees in assisting grantees and subgrantees to comply with the procurement requirements and to increase consistency in the FEMA’s application of these standards across the agency.

Procurements Under Grants Checklist for Non-Federal Entity procurements associated with declarations issued after 26 December 2014

This checklist was created to assist FEMA recipients and subrecipients in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is not intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. § 200.317 – 326, which is the source of these requirements.  In addition, the user may review FEMA’s Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements, which is available on the internet by searching for “FEMA Procurement Field Manual.” While the Field Manual was drafted to specifically address the Federal procurement standards that were in effect prior to 26 December 2014 (44 C.F.R. § 13.36(a)-(i) – States, Local and Tribal Governments; and 2 C.F.R. § 215.40-48. -Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), many of the concepts are similar or identical in substance, and thus remains an excellent tool for navigating the current Federal procurement standards.  If any questions arise, please contact your servicing attorney or legal counsel for assistance.

2 C.F.R. § 200.317 – 326 became effective on December 26, 2014.  For disasters (and their associated projects) declared prior to that date, the relevant procurement standards can continue to be found in 44 C.F.R. § 13.36(a)-(i) (States, local and tribal governments) and 2 C.F.R. § 215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits).1  As indicated above, while many of the concepts are similar or identical, there are some substantive differences between the old and the new standards. Accordingly, this checklist should not be used for procurements associated with declarations issued prior to 26 December 2014. Instead, see procurement standards Checklists 13.36 and 215.   

Checklist for Procurements Associated with Disasters Before Dec. 26, 2014 - State, Local, and Tribal Governments

This checklist was created to assist State, Local and Tribal governments in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses for disasters and emergencies declared prior to 26 December 2014. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is NOT intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 44 C.F.R. § 13.36, which is the source of these requirements as they apply to State, Local and Tribal governments. If any questions arise, please contact your servicing attorney or legal counsel for assistance.

Contract Clauses Appendix

Requirements under the Uniform Rules.  A non-Federal entity’s contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards), which are set forth below.  2 C.F.R. § 200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II.  We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes) as these must necessarily be written based on the non-Federal entity’s own procedures in that area.   

Procurement Under Grants PA Policy (PowerPoint Presentation)

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FEMA Labor Policy Documentation: A Breakdown for Each Employee

FEMA requires detailed information on employees included in your labor policies to ensure accurate reimbursement calculations and compliance with labor cost regulations. Here's a breakdown of the necessary details for each individual:

1. Employee Identification:

• Name:  Clearly identify the employee for record-keeping purposes.

2. Role and Responsibilities:

• Job Title and Function: Specify the employee's job title and the function they perform within the project.  This helps understand their specific duties and responsibilities.

3. Employment Status:

• Type of Employee:  Indicate whether the employee is full-time (exempt or non-exempt), part-time, temporary, or contractual.  This determines their employment classification and associated labor policies.

4. Time Tracking and Compensation:

• Days and Hours Worked: Document the days and hours worked by the employee.  This is crucial for calculating total labor hours and determining eligibility for overtime or straight-time pay.
• Pay Rates and Fringe Benefits:  Provide the employee's pay rate, including any applicable fringe benefits, to ensure accurate calculation of labor costs.

5. Work Performed:

• Description of Work Performed:  Describe the specific tasks and duties the employee completed.  This helps demonstrate the nature of their work and ensures the claimed labor costs are reasonable and necessary for the disaster response or recovery efforts.

6. Verification (Optional, but Recommended):

• Representative Sample of Daily Logs/Activity Reports (if available):  Providing a sample of daily logs or activity reports documenting the employee's work and hours worked can further support your claims and ensure transparency.

Benefits of Detailed Documentation

By providing this comprehensive information for each employee in your labor policies, you can demonstrate the legitimacy of your labor costs and ensure compliance with FEMA's regulations. This strengthens your application and facilitates a smooth reimbursement process.

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The information required forEnvironmental and Historic Preservation (EHP) review includes: ​

• Physical address, GPS coordinates, and dimensions     of work sites ​
• Repair or restoration details ​
• Original construction date and renovations ​
• Equipment and materials staging details ​
• Debris disposal site information ​
• Timeframe of work
• Source of fill material
• Maps, photographs, plans, drawings, or blueprints     supporting the Scope of Work (SOW) ​
• Studies and surveys if requested ​
• Applicable permits, authorizations, and     correspondence with regulatory agencies ​
• Detailed project information
• Maps showing project locations
• Permits obtained or needed ​
• Correspondence with relevant agencies ​
• Documentation of alternatives considered to     minimize adverse impacts
• Compliance with permit conditions ​
• Utilization of best management practices
• Verification of meeting conditions post-completion     of work ​

This comprehensive set of informationsupports a smooth EHP review process and ensures compliance with environmentaland historic preservation regulations. ​

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• Details of the proposed project, including     location, scope of work, and ground disturbance dimensions.
• Potential environmental impacts of the project on     natural or cultural resources. ​
• Compliance with federal laws and Executive Orders     related to environmental and historic preservation.
• Identification of any historic properties or     cultural resources that may be affected. ​
• Assessment of impacts on endangered species or     critical habitats.
• Consideration of floodplain and wetland management     requirements. ​
• Evaluation of potential disproportionate effects     on minority and low-income populations. ​
• Documentation of consultations with relevant     regulatory agencies. ​
• Review of permits and certifications required for     the project. ​
• Coordination with other federal agencies involved     in the project. ​
• Consideration of alternative locations or actions     to minimize adverse impacts.
• Public input and feedback on the proposed project.     ​
• Compliance with Clean Water Act regulations for     water quality and discharge permits. ​
• Adherence to Coastal Barrier Resources Act     restrictions for funding in protected areas.
• Integration of environmental justice     considerations into the project development stage.
• Collaboration with the Heritage Emergency National     Task Force for cultural and historic resource protection during disasters.     ​
• Scope of Work (SOW) details and supporting     documentation. ​
• Locations of the work, including equipment and     material staging locations.
• Repair or restoration specifics, such as materials     and equipment used. ​
• Original construction date of facilities and     subsequent renovations. ​
• Information on equipment and material staging. ​
• Temporary and final disposal site details for     debris. ​
• Timeframe of work performed.
• Source of fill material.
• Maps, photographs, plans, drawings, or blueprints     supporting the SOW. ​
• Studies and surveys if requested. ​
• Applicable permits, authorizations, and     correspondence with regulatory agencies. ​

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Understanding "Immediate Threats" in FEMA Public Assistance

The term "immediate threat" plays a crucial role in determining eligibility for FEMA Public Assistance grants. Here's a breakdown of this concept:

What are Immediate Threats?

These are potential additional damages or destruction that are:

• Reasonably Expected: There's a realistic chance they'll occur within 5 years of the disaster for which assistance was declared.
• Not Limited by Cause: The threat itself can stem from any type of incident, not necessarily the one that caused the initial damage.

Example: Flood-Related Immediate Threats

For flood disasters, an immediate threat is defined as a threat from a 5-year flood. This means there's a 20% chance of such a flood happening in any given year within the next 5 years.

Example: Immediate Threats Beyond Floods

For disasters other than floods, an immediate threat refers to imminent danger that can reasonably be expected within 5 years of the declared incident. Importantly, the initial disaster must have created this imminent danger.

Key Points to Remember:

• The 5-year timeframe is a general guideline. Specific circumstances might influence this timeframe.
• The threat itself can be from any kind of incident, not just the original disaster type.
• FEMA considers the initial disaster to be the root cause that created the environment for the potential future threat.

By understanding the concept of immediate threats, applicants can better assess project eligibility for Public Assistance funding and ensure their proposed work addresses these potential future dangers.

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If an applicant fails to comply with any term of an award (including the contracting requirements discussed in this Fact Sheet), whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, FEMA may:

• Temporarily withhold payment, or take more severe enforcement action;

• Disallow all or part of the cost of the activity or action not incompliance;

• Wholly or partly suspend or terminate the applicant's current award;

• Withhold further awards; or

• Take other remedies that may be legally available.

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The following are guidance documents and fact sheets on project eligibility and requirements.

COVID-19 Eligibility Emergency Protective Measures Fact Sheet
COVID-19 Policy Question Provision of Water Eligibility
COVID-19 Fact Sheet Environmental and Historic Preservation (EHP)
COVID-19 Floodplain Considerations for Temporary Critical Facilities
Procurement During Emergency/Exigent Circumstances Fact Sheet
Procurement Under Emergency/Exigent Circumstances Memo
Public Assistance Program and Policy Guide

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Sheltering solutions should be determined by the Applicant requesting assistance, such as hotels, motels, dormitories, or other forms of non-congregate sheltering.  The solutions should meet the criteria of non-congregate sheltering for the COVID-19 emergency, including what is necessary to protect public health and safety, be in accordance with guidance provided by appropriate health officials, and be reasonable and necessary to address the threat to public health and safety.  

FEMA bases cost estimates on variousfactors and information provided by the applicant, includingapplicant-submitted estimates, cost estimating tools, insurance reductions,fixed-cost offers for alternative procedures projects, expert panel review forlarge projects, compliance reviews, damage and impact information provided bythe applicant, the applicant's schedule to execute the work, and FEMA'sguidelines and procedures for fund obligation. ​

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Keeping Track of Materials: Essential Documentation for FEMA Force Account Projects

When using force account labor for Public Assistance projects, proper documentation of materials is crucial for FEMA reimbursement. Here's a breakdown of the key documents you'll need:

1. Proof of Purchase: Material Purchase Invoices

• What they are: Invoices or receipts that serve as proof you purchased the materials used in your project.
• What they should include:
  • Quantity of each material purchased
  • Detailed description of each material
  • Unit price of each material
  • Total cost of each material purchased

2. Tracking Material Use: Material Usage Logs

• What they are: Logs that meticulously document how materials were used throughout the project.
• What they should include:
  • Date the materials were used
  • Quantity of materials used
  • Description of the materials used
  • Specific project or task the materials were used for

3. Inventory Management: Material Inventory Records

• What they are: Records that provide a clear picture of your material inventory at all times.
• What they should include:
  • Type of material in stock
  • Current quantity of each material on hand
  • Adjustments made to the inventory (materials used, new materials received)

4. Approval Process (if applicable): Material Requisition Forms

• What they are: Forms used to document the authorized request and use of materials for specific project tasks (if your agency utilizes them).
• What they should include:
  • Date of the requisition
  • Quantity of materials requested
  • Detailed description of the materials requested
  • Intended purpose of the requested materials

5. Cost Justification: Material Cost Documentation

• What it is: Documentation that verifies the reasonableness and necessity of the costs associated with the used materials.
• What it may include:
  • Price quotes from vendors
  • Vendor contracts
  • Other evidence that demonstrates the fair market value of the materials

Why is this documentation important?

Maintaining accurate and detailed documentation for force account materials serves two key purposes:

• Supporting Your Claims: This documentation helps you substantiate your claims for reimbursement from FEMA by demonstrating the appropriate use of materials and the validity of the costs incurred.
• Compliance with FEMA Requirements: Proper documentation ensures you comply with FEMA's regulations and avoid any potential issues during the reimbursement process.

By keeping comprehensive records of your materials, you can ensure a smooth and successful FEMA Public Assistance project.

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The documentation required for calculating Public Assistance grant funding includes: ​Damage Assessment Documentation: This documentation provides an assessment of the damage caused by the disaster event. ​ It includes information such as the extent of the damage, the affected areas, and the specific facilities or infrastructure impacted. ​ Damage assessment documentation can include photographs, site inspection reports, and other relevant records. ​Cost Documentation: To calculate grant funding, documentation is needed to support the costs associated with the eligible work. ​ This includes documentation of labor costs, equipment costs, material costs, and other direct costs. ​ It may involve invoices, receipts, contracts, payroll records, and other financial documentation that demonstrates the actual expenses incurred.Scope of Work Documentation: The scope of work documentation outlines the specific activities and tasks required to repair or reconstruct the damaged facilities. It includes detailed descriptions, specifications, and plans for the work to be performed. This documentation helps determine the eligible costs and ensures that the proposed work aligns with program requirements. ​Eligibility Documentation: Documentation is required to establish the eligibility of the Applicant, facility, and work for Public Assistance grant funding. ​ This can include proof of ownership or legal responsibility for the facility, insurance policies, maintenance records, and other relevant documentation that demonstrates the eligibility criteria are met. ​Environmental and Historic Preservation Documentation: If the project involves activities that may impact the environment or historic properties, additional documentation may be required to comply with environmental and historic preservation regulations. ​ This can include environmental assessments, permits, and compliance documentation. ​It is important to note that the specific documentation requirements may vary depending on the nature of the project, the type of facility, and the applicable regulations and policies. ​ FEMA provides guidance and instructions on the required documentation through the Public Assistance program and its associated documentation processes. ​

The documentation required for contracts and procurement depends on the procurement method used. ​ Generally, the required documentation includes invitation for bids (IFB), bid evaluation, contract award, request for proposals (RFP), proposal evaluation, justification for sole source, emergency declaration, contractor qualifications and certifications, bid or proposal bonds, insurance certificates, contract amendments or modifications, invoices and payment records, and correspondence related to the procurement process. It is important to consult the specific procurement guidelines and requirements of the funding agency or program. ​

The documentation needed tosubstantiate eligible work includes: ​

• Detailed description of the work activities     performed or planned. ​
• Description of immediate threat. ​
• Work locations.
• Itemized cost estimate with basis for estimate. ​
• Insurance policies.
• Labor costs, including budgeted and unbudgeted     employees, mutual aid, and average rates.
• Equipment details, including owned, purchased,     rented, or leased equipment. ​
• Supplies information, including purchased and     stock supplies.
• Documentation for contract work, such as request     for proposals, bid documents, or contracts. ​
• Debris monitoring information if applicable. ​
• Other emergency work costs like travel, meals, and     miscellaneous expenses.
• Detailed scope of work reflecting the damage     description and dimensions. ​
• Percentage of work completed. ​
• Information on who performed or will perform the     work. ​
• Proposed or completed scope of work, including     hazard mitigation measures and consensus-based codes, specifications, and     standards requirements. ​
• Technical studies, reports, and assessments. ​

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• Detailed scope of work outlining repairs needed. ​
• Cost estimate for the work. ​
• Evidence of competitive procurement process.
• Signed contract between applicant and contractor.
• Invoices, payment records, change orders.
• Compliance with regulations. ​
• Progress reports, completion certificates.
• Written contract with scope, cost breakdown,     schedule, terms.
• Permits, licenses.
• Evidence of insurance coverage. ​
• Documentation supporting the estimate. ​
• Debris monitoring info if applicable. ​
• Detailed work description. ​
• Itemized cost estimate with basis. ​

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Applicants seeking government contracts or grants must strive to achieve  full and open competition. This means ensuring a fair and transparent process where all responsible sources have the opportunity to compete for the award. Here are some key steps applicants can take to demonstrate full and open competition:

Open and Accessible Solicitation:

• Public Notice:  Publicly announce the funding opportunity through various channels to reach a broad range of potential qualified sources. This could involve using government websites, industry publications, or professional organization newsletters.
• Clear and Complete Solicitation Documents:  Develop clear, complete, and  unambiguous solicitation documents outlining the project requirements, evaluation criteria, and submission process.
• Minimum Time for Proposals:  Allocate sufficient time for potential applicants to prepare and submit high-quality proposals.

Fair and Objective Evaluation:

• Evaluation Criteria:  Establish clear, objective, and well-defined evaluation criteria that will be used to assess proposals. These criteria should be directly linked to the project requirements.
• Conflict of Interest:  Implement procedures to avoid conflicts of interest during the evaluation process. This might involve using a diverse evaluation panel and excluding individuals with potential conflicts from the selection process.
• Documentation:  Maintain clear documentation of the evaluation process, including scores, rankings, and justifications for selection decisions.

Opportunities for All Qualified Sources:

• No Unnecessary Restrictions:  Avoid placing unnecessary restrictions that might limit competition. This includes overly specific requirements that favor certain providers or exclude qualified applicants based on arbitrary factors.
• Small Business Considerations:  If applicable,  consider setting aside specific opportunities or offering evaluation preferences for small businesses to promote participation.

Additional Considerations:

• Debriefing:  Offer unsuccessful applicants the opportunity for a debriefing to understand why their proposal was not selected. This can improve transparency and fairness in the process.
• Protests:  Establish a process for handling protests from potential applicants who believe the competition was not conducted fairly.

Resources:

• Part 6 - Competition Requirements | Acquisition.GOV:  This section of the Acquisition.GOV website provides detailed guidance on full and open competition for federal government contracts: https://www.acquisition.gov/far/subpart-6.1
• What do applicants have to do to provide full and open competition? | GovStar: This webpage offers a breakdown of full and open competition requirements for grant applicants: https://www.acquisition.gov/far/subpart-6.1

Remember, the specific requirements for full and open competition can vary depending on the funding agency and the type of opportunity (grant vs. contract).  It's always recommended to consult with the relevant agency or refer to their official guidelines for the most up-to-date information.

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The total eligible cost for FEMAfunding is determined based on several factors and considerations outlined inthe document. ​Here are the key elements that influence the determination of the totaleligible cost for FEMA funding: ​

1. Repair vs. Replacement Evaluation:some text
    
   • The decision on whether to repair or replace a      facility is crucial in determining the total eligible cost. ​
    
   • If replacement is deemed necessary based on the      50% Rule or feasibility considerations, the actual replacement cost      becomes eligible for FEMA funding. ​
 
2. Cost Caps:some text
    
   • FEMA sets limits on the eligible cost based on      whether the facility is eligible for replacement under the 50% Rule. ​
    
   • If the total estimated repair cost exceeds the      total estimated replacement cost, FEMA caps the eligible cost at the      replacement cost. ​
 
3. Mitigation Measures:some text
    
   • FEMA allows for the inclusion of cost-effective      hazard mitigation funding on replacement projects. ​
    
   • The total eligible project cost is determined      after adding PA hazard mitigation costs and considering all reductions. ​
 
4. Independent Review:some text
    
   • For replacement requests exceeding $5 million,      FEMA submits the estimates to an independent third party for additional      review. ​
    
   • FEMA considers the results of the third-party      review before approving replacement funding. ​
 
5. Compliance with Codes and Standards:some text
    
   • Eligible costs are determined based on compliance      with consensus-based codes, specifications, and standards.
    
   • Costs associated with upgrades, selective      demolition, site work, soft costs, contents, hazard mitigation measures,      and emergency work are excluded from the calculation. ​
 
6. Professional Evaluation:some text
    
   • FEMA's professionally licensed engineers,      architects, cost estimators, construction managers, and technical staff      develop or review and validate the estimates used in the 50% Rule      calculations. ​

By taking into account these factors,FEMA calculates the total eligible cost for funding, ensuring that the costsalign with the repair or replacement needs of the facility, comply withregulations, and incorporate necessary mitigation measures. ​

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The eligibility for off-site supportfacility construction is determined by FEMA based on the following criteriaexplicitly mentioned in the document:

1. Proximity to Utilities:some text
    
   • FEMA considers the proximity of the new site to      utilities such as water, sewer, and electric. ​
    
   • FEMA approves the least costly solution for      construction based on the proximity of utilities to the new site. ​
 
2. Exclusive Utility Service:some text
    
   • Construction of an off-site support facility is      only eligible if it is a utility that would serve the relocated facility      exclusively. ​
    
   • FEMA limits PA funding to the amount necessary to      make the relocated facility and its associated components operational. ​

These criteria are essential indetermining the eligibility for off-site support facility construction underFEMA's guidelines.

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Relocation eligibility for PublicAssistance (PA) funding is determined based on specific criteria outlined inthe document. ​Here are the factors that influence relocation eligibility:

1. Cost-Effectiveness:some text
    
   • Relocation may be eligible for PA funding if the      overall project, including all costs, is deemed cost-effective. ​
    
   • If the cost to relocate the facility is less than      the eligible cost to replace the facility at its original location, the      project is considered cost-effective. ​
 
2. Regulatory Compliance:some text
    
   • Project approval for relocation should not be      hindered by other regulations.
    
   • Compliance with applicable codes or standards may      also influence relocation eligibility.
 
3. FEMA Review:some text
    
   • FEMA evaluates the cost-effectiveness of      relocation using its Benefit-Cost Analysis (BCA) process and software. ​
    
   • The Regional Administrator may approve funding      for relocation based on the results of this evaluation.
 
4. Applicant's Choice:some text
    
   • If the Regional Administrator mandates      relocation, but the applicant believes it is not in the community's best      interest, the applicant can opt for an Alternate Project instead of      relocation. ​
    
   • An Alternate Project allows funding to be used      for repairing or expanding other public facilities, purchasing capital      equipment, or implementing hazard mitigation measures unrelated to the      original facility. ​
 
5. Facility Conditions:some text
    
   • Facilities subject to repetitive heavy damage due      to their location, such as those in Special Flood Hazard Areas (SFHA) or      wildland-urban interfaces, may be considered for relocation eligibility. ​
 
6. Real Property Provisions:some text
    
   • The property to which the facility is relocated      and the relocated facility itself are subject to real property      provisions, including disposition and reporting requirements under      specific regulations. ​

By considering these factors, FEMAdetermines the eligibility of relocation for PA funding, ensuring that therelocation aligns with cost-effectiveness, regulatory requirements, and thebest interests of the community. ​

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FEMA's Public Assistance (PA) program generally doesn't reimburse the costs of pre-positioning resources in anticipation of a disaster. However, there are some exceptions:

Eligible Pre-Positioning:

• Evacuation and Medical Care: FEMA may reimburse costs associated with pre-positioning resources specifically for evacuation or providing emergency medical care during the evacuation period. This could include:
  • Buses or other transportation:  Mobilizing vehicles beforehand to facilitate faster evacuations when a disaster strikes.
  • Medical supplies and personnel:  Pre-positioning medical teams and supplies in anticipation of a disaster to aid evacuees or deliver care in affected areas.

General Rule:

• Post-Disaster Response:  FEMA typically reimburses costs associated with resources used for response and recovery efforts after a disaster declaration is issued, not for pre-positioning in anticipation of an event.

Here's why pre-positioning is generally not eligible:

• Uncertainty: Disasters can change course, and pre-positioned resources might not be needed in the final impact zone.
• Inefficiency: Pre-positioning everywhere could lead to unnecessary expenses and resource allocation in areas that might not be affected.

Alternative Strategies:

• Contracts with Service Providers:  Consider establishing contracts with service providers who can mobilize resources quickly when needed.
• Mutual Aid Agreements:  Develop agreements for mutual aid with neighboring communities to share resources during disasters.

Finding More Information:

• FEMA Pre-positioned Resources Appeal: This FEMA webpage discusses an appeal case regarding pre-positioning costs and FEMA policy: https://www.fema.gov/appeal/pre-positioned-resources
• FEMA Public Assistance Program and Policy Guide (PAPPG): While it doesn't specifically address pre-positioning, this guide offers a comprehensive overview of eligible costs under PA. ([invalid URL removed])

Remember: FEMA regulations can be complex.  For the most up-to-date information and to determine the eligibility of specific pre-positioning costs, it's always recommended to consult directly with FEMA.

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Here are some of the costs associated with operating an Emergency Operations Center (EOC) that might be eligible for reimbursement under FEMA's Public Assistance (PA) program:

Eligible Operational Costs:

• Supplies and Equipment: Costs associated with essential supplies and equipment needed to operate the EOC effectively. This could include:
  • Communication equipment (phones, radios, internet access)
  • Computers, printers, and other office supplies
  • Maps, reference materials, and disaster response software
  • Personal protective equipment (PPE) for EOC staff
• Facility Costs:  Costs associated with the physical space used for the EOC. This may include:
  • Rent or lease payments for a temporary facility
  • Utilities (electricity, water, internet) for the EOC space
  • Increased utility costs at a government-owned facility used as the EOC
• Staffing: Costs associated with staffing the EOC during the disaster response and recovery period. This includes:
  • Overtime pay for regular staff performing EOC duties
  • Salaries and benefits for temporary staff hired specifically for EOC operations (if necessary)
  • Meals and refreshments for EOC staff working extended hours  (in some cases)

Important Considerations:

• Direct Result of the Disaster: The EOC operation and associated costs must be a direct result of the declared disaster.
• Necessary and Reasonable:  Costs must be deemed necessary and reasonable for operating the EOC effectively.
• Documentation:  Maintain detailed records of all EOC expenditures, including receipts, invoices, and justifications for the expenses.

Costs Generally Not Eligible:

• Normal Operations:  Costs associated with an agency's regular operations, even if increased due to the disaster, are not typically eligible. (e.g., salaries for non-EOC staff)
• Routine Maintenance:   Costs for routine maintenance of the EOC facility or equipment are not covered.

Finding More Information:

• FEMA Public Assistance Program and Policy Guide (PAPPG): Chapter 2: Public Assistance Policy, Section V Cost Eligibility ([invalid URL removed]) (This guide offers a comprehensive overview of eligible costs under PA)
• FEMA Public Assistance: What Costs Are Eligible? While not EOC specific, this FAQ provides a general idea of eligible cost categories: https://www.fema.gov/grants/mitigation/guide/part-4/k

Remember:  Specific eligibility requirements might vary depending on the circumstances. It's always recommended to consult directly with FEMA to determine if your specific EOC operational costs qualify for reimbursement under their Public Assistance program.

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FEMA's Public Assistance (PA) Program integrates Environmental and Historic Preservation (EHP) considerations into its review process. Here's a breakdown of what constitutes "Historic Properties" under FEMA PA EHP requirements:

Broad Definition:

• FEMA's EHP regulations define historic properties broadly to encompass a wide range of cultural resources.
• This includes properties that may or may not be formally listed on any historic register.

Specific Examples:

• Properties listed in or eligible for listing in the National Register of Historic Places (NRHP) are prime examples of historic properties under FEMA's EHP purview.  The NRHP is the official federal list of districts, sites, buildings, structures, and objects deemed worthy of preservation.
• However, FEMA's definition extends beyond the NRHP.  It can encompass:
  • Older buildings or structures with historical or cultural significance, even if not formally listed.
  • Archaeological sites containing artifacts or evidence of past human activity.
  • Tribal lands or cultural resources with significance to specific Native American groups.
  • Historic battlefields or cemeteries.
  • Traditional cultural places significant to a community's heritage.

Identification Process:

• The onus of identifying potential historic properties falls on both the applicant (seeking PA funding) and FEMA.
  • Applicants should consider the history and age of their damaged facilities and consult with their State Historic Preservation Office (SHPO) for guidance.
  • FEMA also conducts its own review process, utilizing expertise from federal agencies and consulting tribes as needed.

EHP Review and Mitigation Strategies:

• Once a potential historic property is identified, FEMA performs an EHP review to assess the potential impacts of the proposed PA project (repairs or replacements) on the historic property.
• The goal is to minimize or avoid adverse effects on these cultural resources.
• FEMA works with applicants to explore mitigation strategies like:
  • Repair methods that preserve the historic character of the property.
  • Documentation of the historic property before, during, and after repairs.
  • Relocation of historic features if necessary.

Importance of Early Consultation:

• If your PA project involves a potentially historic property, it's crucial to consult with your SHPO and FEMA EHP specialists early in the process.
• Early engagement can help identify potential issues, explore mitigation strategies, and ensure your project complies with EHP requirements while facilitating a smoother path to  FEMA PA grant approval.

Resources:

• FEMA Environmental and Historic Preservation (EHP) Guidance for FEMA Grant Applications: https://www.fema.gov/emergency-managers/practitioners/environmental-historic
• National Register of Historic Places: https://www.nps.gov/nationalregister
• State Historic Preservation Offices (SHPOs): https://ncshpo.org/

By understanding the scope of "historic properties" under FEMA PA EHP requirements and the importance of early consultation, applicants can ensure their disaster recovery efforts are implemented while  protecting valuable cultural heritage.

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The conditions that mustbe met for the removal of privately-owned vehicles and vessels to be eligibleare as follows:

• Immediate threat to life,public health, and safety: The vehicles or vessels must pose an immediatethreat to life, public health, or safety.
• Certification by a SLTTgovernment official: A SLTT government official must certify in writing thatthe removal of the vehicles or vessels is necessary to eliminate the immediatethreat.
• Legal authority andresponsibility: The Applicant must have the legal authority and responsibilityto enter private property and remove the vehicles or vessels.
• Documentation of threatand removal process: The Applicant must provide documentation thatsubstantiates the immediate threat posed by the vehicles or vessels and theprocess followed for their removal..
• The vehicles or vesselsmust have been damaged as a direct result of the incident for which thedeclaration was made.
• The damage to thevehicles or vessels must have been unavoidable and not due to improper orexcessive use.
• The Applicant must havelegal responsibility for repairing the damage caused by the removal of thevehicles or vessels
• The vehicles or vesselsmust be obstructing access to a public-use area.
• The vehicles or vesselsmust be abandoned.
• The Applicant must followthe applicable ordinances or laws of the State, Territorial, Tribal, or local(SLTT) government for the removal of private vehicles or vessels.
• The Applicant mustdocument the handling of the vehicle or vessel.

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Demystifying Force Account Costs: A Breakdown for FEMA Reimbursement

The Public Assistance program reimburses applicants for eligible costs incurred during disaster response and recovery.  A key concept is understanding "force account" costs, which fall into two categories:

1. Force Account Labor

• Who:  Labor costs associated with the applicant's own personnel involved in disaster response and recovery projects.
• Eligible Costs: Calculated by combining:
  • Actual Hourly Rates: The base pay of your employees.
  • Fringe Benefits: Additional employer costs like health insurance, retirement contributions, and social security.
• Documentation Required:
  • Timesheets: Documenting hours worked.
  • Employee Information: Verifying employee status.
  • Labor Policies: Demonstrating how pay and benefits are determined.

2. Force Account Equipment and Materials

• Equipment: The applicant's own equipment used for disaster response and recovery (generators, backhoes, etc.).
• Materials: Supplies used during the response or recovery (sandbags, tarps, etc.).
• Documentation Required:
  • Equipment Details: Type, attachments, size/capacity.
  • Usage Logs: Recording location, hours used, and operator name.
  • Equipment Rates: Demonstrating they are comparable to market prices.
    • If exceeding FEMA's threshold, provide justification for the higher rate.
  • Material Descriptions: Type and quantity of materials used.

Benefits of Categorization:

By separating force account costs into these two groups, FEMA can efficiently calculate eligible reimbursement for:

• Force Account Labor (wages and fringe benefits)
• Force Account Equipment and Materials (equipment usage and materials cost)

Understanding this breakdown helps applicants ensure proper documentation and accurate reimbursement calculations for their force account costs.

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Procurement Under Grants: Under Exigent or Emergency Circumstances

Release date:

March 20, 2020

Release Number:

FACT SHEET

The Federal Emergency Management Agency (FEMA) provides financial assistance to states, territories, tribes, local governments, nonprofits, institutions of higher education, and other non-Federal entities. All FEMA grant programs are subject to the Federal procurement standards found at 2 C.F.R. §§ 200.317 – 200.326. Recognizing that FEMA’s recipients and subrecipients may face exigencies or emergencies when carrying out a FEMA award, this Fact Sheet provides key information to consider when utilizing contracted resources under exigent or emergency circumstances.

What Rules Apply to State Entities?

States are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. §§ 200.317, 200.322, and 200.326.

For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and any agency or instrumentality thereof except for local governments. Tribal governments are not considered to be states when applying Federal procurement standards required by 2 C.F.R. Part 200.

What Rules Apply to Non-State Entities?

For all other types of entities, referred to as “non-state entities” in this Fact Sheet, Federal regulations (2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) establish requirements for the exigency or emergency exception that permits the use of noncompetitive procurements,
frequently referred to as “sole-source contracting.” This exception and associated procurement requirements are discussed further below. In general, it will be fact-specific and entity-specific as to when exigent or emergency circumstances necessitate the use of noncompetitive procurements. The answers to the frequently asked questions below provide additional guidance on the acceptable use of noncompetitive proposals under exigent or emergency circumstances, which is described in regulation at 2 C.F.R. § 200.320(f)(2).

It is essential that all non-state entities understand that both FEMA and the U.S. Department of Homeland Security’s Office of Inspector General (OIG) closely review procurement actions and contract selections, with a particular emphasis on noncompetitive procurement actions, to evaluate compliance with Federal requirements. Failure to follow Federal contracting and procurement requirements puts non-state entities at risk of not receiving reimbursement or not being able to use FEMA grant funds for otherwise eligible costs.

What is the exigency or emergency exception?

Non-state entities must follow the procurement requirements found at 2 C.F.R. §§ 200.317 – 200.326. However, Federal regulations allow for noncompetitive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation. This represents an exception to requirements for full and open competition. FEMA approval is not required for use of noncompetitive procurements under the emergency or exigency exception; however, the non-state entity must document its justification for using noncompetitive procurements and must still comply with other procurement requirements and ensure that costs are reasonable.

When referring to procurement activity, FEMA defines both exigency and emergency as situations that demand immediate aid or action. The difference between the two is that:

• In the case of an exigency, there is a need to avoid, prevent, or alleviate serious harm or injury, financial or otherwise, to the non-state entity, and use of competitive procurement proposals would prevent the urgent action required to address the situation. Thus, a noncompetitive procurement may be appropriate.
• In the case of an emergency, a threat to life, public health or safety, or improved property requires immediate action to alleviate the threat.

While emergency conditions generally are short-lived, exigent circumstances can exist for a period of weeks or months.

• Exigency Example: A tornado impacts a city in June and causes widespread and catastrophic damage, including damage to a city school. The city wants to repair the school and have it ready for use by the beginning of the school year in September. The city estimates, based on past experience, that awarding a contract using a sealed bidding process would require at least 90 days, and the city’s engineer estimates that the repair work would last another 60 days. This would extend the project beyond the beginning of the school year. Rather than conducting a sealed bidding process, the city—in compliance with state and local law—wants to sole source with a contractor it has contracted with previously. The city can demonstrate that this constitutes an “exigent circumstance” because use of a sealed bidding process would cause an unacceptable delay and thus procurement by noncompetitive methods was necessary based on the particular situation.
• Emergency Example #1 (Disaster Grants): Severe weather impacts a city and causes widespread and catastrophic damage, including loss of life, widespread flooding, loss of power, damage to public and private structures, and millions of cubic yards of debris across the city, leaving almost the entire jurisdiction inaccessible. The city needs to begin debris removal activities immediately to restore access to the community, support search and rescue operations, power restoration, and address health and safety concerns. Under these circumstances, the city may find it necessary to award noncompetitive contracts to address threats to life, property, and public health.
• Emergency Example #2 (Non-Disaster Grants): The weather in a city has been below freezing for the past 2 weeks, causing a pipe in the city’s emergency operations center to burst and flood the first floor. This flood destroyed half of the city’s radios that its emergency workers use to communicate with police and fire personnel. The city documented and demonstrated that it needed to replace these radios right away to avert an immediate threat to life, safety, or property as the city needed a full supply of radios in order to respond to emergencies. Under these circumstances, the city may find it necessary to award noncompetitive contracts to address threats to life, property, and public health.

When does the exigency or emergency exception apply and for how long?

Use of the public exigency or emergency exception is only permissible during the actual exigent or emergency circumstances. Exigency or emergency circumstances will vary for each incident, making it difficult to determine in advance or assign a particular time frame when noncompetitive procurements may be warranted. Exigent or emergency circumstances may exist for two days, two weeks, two months, or even longer in some cases. Non-state entities must ensure that work performed under the noncompetitively procured contracts is specifically related to the exigent or emergency circumstance in effect at the time of procurement. Importantly, because the exception to competitive procurement is available only while the exigent or emergency circumstances exist, non-state entities should, upon awarding a noncompetitive contract, immediately begin the process of competitively procuring similar goods and services in order to transition to the competitively procured contracts as soon as the exigent or emergency circumstances cease to exist.

FEMA may review a non-state entity’s justification that exigent or emergency circumstances warrant an exception to competitive procurement. If the agency determines that exigent or emergency circumstances did not exist or did not preclude a non-state entity from adhering to competitive procurement requirements, FEMA may disallow all or part of the non-state entity’s cost related to the contract or take other actions permitted by statute and regulation. (See 2
C.F.R. § 200.338).

What documentation is required to support the use of the exigency or emergency exception?

While FEMA approval is not required for a non-state entity to use noncompetitive procurement proposals under the emergency or exigency exception, non-state entities must document and provide justification for the use of the exigent or emergency exception. A list of elements that non-state entities may wish to include as part of their written justifications can be found at the end of this Fact Sheet. The justification must be included in the non-state entity’s records for each FEMA award, subaward, or project.

Do any Federal procurement requirements apply if a non-state entity is sole-sourcing a contract under exigent or emergency circumstances?

Yes, non-state entities must comply with the following requirements even when exigent or emergency circumstances exist:

• Contracts must include the required contract clauses (2 C.F.R. § 200.326 & Appendix II) (also applicable to states).
• Contracts exceeding the Federal simplified acquisition threshold must include the Federal bonding requirements if the contract is for construction or facility improvement (2 C.F.R. § 200.325).
• Contracts must be awarded to a responsible contractor (2 C.F.R. § 200.318(h)).
• The non-state entity must complete a cost or price analysis to determine that the cost or price of the contract is fair and reasonable if the contract exceeds or is expected to exceed the Federal simplified acquisition threshold (2 C.F.R. § 200.323(a) and (b)).
• The use of cost-plus-percentage-of-cost contracting is prohibited (2 C.F.R. § 200.323(c)).
• Use of time and materials contracts must comply with 2 C.F.R. § 200.318(j).
• The non-state entity must follow documentation, oversight, and conflict of interest requirements among other general procurement requirements in 2 C.F.R. § 200.318. If a conflict of interest is unavoidable due to the exigent/emergency circumstances, the non-state entity must explain that in the procurement documentation.

What if the non-state entity wants to use a pre-awarded or pre-existing contract in an exigency or emergency and that contract does not comply with the Federal procurement requirements?

If a pre-awarded or pre-existing contract is not in compliance with the Federal procurement requirements (e.g., the contract was not fully and openly competed (see 2 C.F.R. §§ 200.319, 200.320), the six affirmative socioeconomic contracting steps were not completed (2 C.F.R. § 200.321), there is a conflict of interest involved (2 C.F.R. § 200.318)), it may still be possible to use the contract for the duration of the exigency or emergency. FEMA recommends that non-state entities review the list of procurement requirements above and take actions to modify pre-awarded or pre-existing contracts where applicable. In addition, non-state entities must prepare the appropriate documentation to justify the use of a noncompetitively procured contract.

Can non-state entities use time and materials (T&M) contracts in an exigency or emergency?

Yes, but only under certain circumstances. FEMA advises against the use of T&M contracts and generally limits the use of these contracts to a short time period where the scope or duration of the work is unclear. T&M contracts do not incentivize contractors to control costs or maximize labor efficiency. FEMA may reimburse costs incurred under a T&M contract only if all of the following apply:

• No other contract was suitable;
• The contract has a ceiling price that the contractor exceeds at its own risk; and
• The non-state entity can demonstrate it provided a high degree of oversight to obtain reasonable assurance that the contractor used efficient methods and effective cost controls.

Can a non-state entity award cost-plus-a-percentage-of-cost contracts or contracts with a percentage-of construction-cost method in an exigency or emergency?

No. This prohibition applies to all work, regardless of the circumstances (2 C.F.R. § 200.323(d)).

Can non-state entities use piggyback contracts in an exigency or emergency?

Piggyback contracting occurs when one entity with an existing contract assigns some or all of its contractual rights to another entity that was not previously party to the contract. Generally, FEMA discourages piggyback contracts because the original contract pertains to the needs of the original entity with a specific scope of work for that entity. While there may be circumstances when piggybacking is permissible, in almost all instances, the scope of work would need to be changed to include the needs of a non-state entity, and changes to the scope of work are generally not permitted as there is not likely to be full and open competition for the expanded scope of work. However, during emergency and exigency circumstances, non-state entities may be able to piggyback another entity’s contract and expand the scope of a contract for the period of the emergency or exigency circumstance.

Note that a non-state entity may choose to enter into a separate contract with the same contractor as another entity, using the same terms and conditions as in that other entity’s contract, with only a change in the scope of work and the associated costs. However, this is sole-source contracting rather than piggyback contracting, and it must meet the requirements for noncompetitive procurement under exigency or emergency circumstances as described elsewhere in this Fact Sheet.

If a non-state entity is contemplating the use of piggyback contracting, it should contact its state or territory liaison, or the applicable FEMA Program Office to request FEMA assistance with contract review. For assistance with FEMA contact information, the entity should contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or askcsid@fema.dhs.gov. CSID hours of operation are from 9 a.m. to 5 p.m. ET, Monday through Friday.

Can states use time and materials (T&M) or cost-plus-percentage-of-cost (CPPC) contracts in an exigency or emergency?
While the Federal procurement rules do not prohibit the use of T&M contracts and CPPC contracts by states, FEMA discourages states from using these contracts because they generally lack provisions that control costs and maximize efficiency in performing work. FEMA and the OIG closely scrutinize these types of contracts for cost reasonableness.

Although T&M contracts are discouraged, there may be instances where T&M contracts are appropriate in the short term for activities such as debris removal, emergency power restoration, or other immediate actions required to address emergency health and safety threats under a Public Assistance award. States entering into T&M contracts are encouraged to include language in the contract that specifies a ceiling price and limits the duration of the contract to a short time period, thus providing the state time to develop a scope of work and transition to the more competitive procurement procedures.

As a reminder, 2 C.F.R. § 200.317 requires states to follow: (1) the same policies and procedures they use for procurements using non-Federal funds; (2) 2 C.F.R. § 200.322 (procurement of recovered materials); and (3) 2
C.F.R. § 200.326 (required contract provisions). These requirements apply regardless of whether exigency or emergency circumstances exist. States must ensure that they are also in compliance with the cost principles in 2
C.F.R. §§ 200.400 – 200.474, including ensuring that costs are reasonable, as defined in 2 C.F.R. § 200.404.

Additional Information and Resources

Non-state entities should consult as soon as possible with all appropriate parties, including their own legal counsel, to review their procurement policies, actions, and contracts and compare them to the Federal procurement requirements. Non-state entities also should contact their state or territory liaisons, or applicable FEMA Program Office to request assistance with any procurement activity concerns. For assistance with FEMA contact information, the entity should contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or askcsid@fema.dhs.gov. CSID hours of operation are from 9 a.m. to 5 p.m. ET, Monday through Friday.

Detailed procurement and contracting information is available on the FEMA website at www.fema.gov/procurement- disaster-assistance-team. While the guidance available at that website is specifically applicable to FEMA’s Public Assistance Program, it is a useful resource for FEMA’s other grant programs as the procurement requirements in 2
C.F.R. Part 200 apply to all of FEMA’s grant programs. The current Code of Federal Regulations referenced in this guidance can be accessed at www.eCFR.gov. The annual Code of Federal Regulations is available at https://www.govinfo.gov/app/collection/cfr, and the applicable regulations will be the ones in place at the time FEMA issued the declaration or made the award.

Suggested Elements for Noncompetitive Procurement Justification

1. Identify which of the four circumstances listed in 2 C.F.R. § 200.320(f) justify a noncompetitive procurement:

•  The item is available only from a single source;
•  The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
•  The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or
•  After solicitation of a number of sources, competition is determined inadequate.

2. Provide a brief description of the product or service being procured, including the expected amount of the procurement.

3. Explain why a noncompetitive procurement is necessary. If utilizing the exigency/emergency exception, the justification should explain the nature of the public exigency or emergency, including specific conditions and circumstances that clearly illustrate why procurement other than through noncompetitive proposals would cause unacceptable delay in addressing the public exigency or emergency. (Failure to plan for transition to competitive procurement cannot be the basis for continued use of noncompetitive procurement based on public exigency or emergency).

4. State how long the noncompetitively procured contract will be used for the defined scope of work and the impact on that scope of work should the noncompetitively procured contract not be available for that amount of time (e.g., how long do you anticipate the exigency or emergency circumstances will continue; how long will it take to identify your requirements and award a contract that complies with all procurement requirements; or how long would it take another contractor to reach the same level of competence).

5. Describe the specific steps taken to determine that full and open competition could not have been used, or was not used, for the scope of work (e.g., research conducted to determine that there were limited qualified resources available that could meet the contract provisions).

6. Describe any known conflicts of interest and any efforts that were made to identify possible conflicts of interest before the noncompetitive procurement occurred. If no efforts were made, explain why. If a conflict of interest is unavoidable, such as due to exigent/emergency circumstances, explain how it was unavoidable and any steps taken to address the impact of that conflict of interest.

7. Include any other information justifying the use of noncompetitive procurement in the specific instance.

NOTE: A separate justification is required for each instance of noncompetitive procurement.

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March 20, 2020 - 09:34

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The requirements for debris estimatesinclude: ​

• Providing a detailed description of work     locations. ​
• Including estimated quantities by type of debris     for debris removal. ​
• Ensuring that the total estimated cost is     reasonable, supported by documentation, and includes itemized cost     estimates with the basis for the estimate. ​
• Details on labor, including mutual aid.
• Information on insurance policies.
• Details on equipment. ​
• Details on supplies. ​
• For contract work, documentation to support the     estimate and debris monitoring information if applicable. ​
• Other Emergency Work costs like travel, meals, and     miscellaneous expenses.
• Debris estimates must be based on the type and     quantity of debris generated by the eligible work. ​
• Estimates should include the costs associated with     debris removal, reduction, disposal, and monitoring. ​
• Debris estimates must comply with FEMA guidelines     and regulations to ensure accuracy and eligibility for reimbursement. ​
• Applicants are responsible for providing detailed     documentation and justification for debris estimates to support the     funding request. ​
• FEMA reviews and approves debris estimates to     determine the eligibility of costs for reimbursement under the Public     Assistance Program. ​
• Debris estimates should be specific, detailed,     accurate, and verifiable, reflecting the actual debris generated by the     disaster event.

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Applicants must use their own procurement procedures which reflect applicable State and local laws and regulations. They must also, however, meet the minimum Federal procurement standards1 where those standard s are more onerous (including but not limited to those discussed in this Fact Sheet}, or the contract will be deemed in violation of the procurement rules, and the request for reimbursement could be subject to the enforcement provisions

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Contractor ownership preferences.2 Full and open competition also involves the adherence to procurement rules covering contractor ownership preferences. The applicant must take positive actions to involve and use "small and minority firms, women's business enterprise and labor surplus area firms."3 The applicant's process should give potential contractors in these categories a full and open opportunity to compete .4 FEMA will reimburse the applicant if, after a full and open competition, the applicant selects a contractor who provides the lowest price but does not meet one of these categories. When the applicant hires a prime contractor, the applicant must also require the prime contractor to utilize the same approach towards these categories when hiring sub-contractors.

System for managing procurement. Applicants must employ a system that governs contracts and purchase orders. This system must include a means of enforcing agreements, written procedures governing procurement actions, and a written code of standards for contract and purchase order administration. This code of standards must provide ethical rules and the penalties for violating these rules.5 The system must also include a process to handle protests involving contracts and purchase order awards.6

Required provisions in procurement actions. The applicant must include certain provisions in its procurement actions. These provisions vary depending on the type and dollar amount of the contract, and are provided in 44 CFR part 13or 2 CFR part 215, 220, 225, or 230, as applicable. Note that the Uniform Administrative Requirements for Federal Gran t Assistance require applicant contracts to con tab1a provision requiring compliance with the Davis-Bacon Act when required by grant program legislation. The Stafford Act requires preparedness grantees to comply with Davis- Bacon provisions.7 The Stafford Act does not require compliance with Davis-Bacon for any other grants. Therefore, applicant contracts to execute eligible work under the Public Assistance program are not required to contain a Davis-Bacon provision.

Guarantees and bonds. For construction contracts and facility improvements above the simplified acquisition threshold , the applicant must require a bid guarantee from each bidder equivalent to 5 percent of the bid price, a performance bond on the part of the contractor for 100 percent of the contract price, and a payment bond on the part of the contractor for 100% of the contract. In lieu of these requirements, if FEMA (with respect to a grant) or the state (with respect to a subgrant), has made a determination that FEMA or the state’s interest is adequately protected through other means, they may accept the bonding policy and requirements of the applicant.

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FEMA's reimbursement for procurement actions depends on the entity involved (state vs. non-state) and the circumstances (normal vs. emergency). Here's a breakdown of the key requirements for reimbursement:

General Requirements:

• Documentation: You need to maintain proper documentation for your procurement activities, including your procurement policy, solicitation documents, selection process records, and cost or price analysis (for contracts above a certain threshold).
• Federal Requirements:  All entities must comply with applicable federal procurement regulations (2 C.F.R. §§ 200.318-200.327) which cover aspects like:
  • Socioeconomic affirmative steps (e.g., encouraging participation from small businesses)
  • Domestic preferences for procurement (giving priority to American-made goods)
  • Procurement of recovered materials (using recycled or disaster-recovered materials when possible)
  • Prohibited expenditures (e.g., restrictions on telecommunication equipment/services)

Specific Requirements by Entity Type:

• States and Territorial Governments:
  • Follow their own procurement procedures in addition to the federal requirements mentioned above.
  • Pay close attention to specific regulations regarding recovered materials and contract provisions (2 C.F.R. §§ 200.317, 200.322, and 200.326).
• Local Governments, Tribal Governments, Nonprofits, and Other Non-State Entities:
  • During a declared Public Health Emergency (like COVID-19), these entities can use non-competitive procurement processes for new and existing contracts with proper justification (refer to David Bibo's March 17, 2020 memo for details).
  • State, Local, and Tribal governments (SLTTs) can contract with private medical providers (including for-profit hospitals) for eligible emergency medical care activities.

Additional Considerations:

• Full and Open Competition: This is generally preferred, but exceptions exist for emergencies or situations with a sole source provider.
• Cost or Price Analysis: This is crucial to demonstrate the reasonableness of the procurement costs.

Resources for More Information:

• FEMA Exigency and Emergency Circumstances Procurement: https://www.fema.gov/sites/default/files/documents/fema_procurement_during_ee_circumstances_factsheet-2022.pdf
• FEMA Public Assistance Program and Policy Guide (PAPPG):  Chapter 2: Public Assistance Policy, Section V Cost Eligibility  (https://www.fema.gov/sites/default/files/documents/fema_pappg-v4-updated-links_policy_6-1-2020.pdf)
• FEMA Procurement Guidance for Recipients and Subrecipients: https://www.fema.gov/grants/procurement
• Procurement Disaster Assistance Team (PDAT): https://www.fema.gov/grants/procurement

Remember, consulting FEMA's resources and staying updated on their specific requirements is vital to ensure your procurement actions qualify for reimbursement.

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• Flexibility in     how awarded funds may be used.
• Reduction in     the applicant’s administrative burden.
• Ability to use     excess funds for FEMA-approved expenditures rather than returning them to     FEMA for deobligation.

• Option to share     funds across all PAAP projects, including hazard mitigation, and modify     construction plans to improve resiliency.​

• Freedom to     alter the scope of construction to modify facilities from their     pre-disaster condition, such as improving design or location.​

• Faster     obligation of funds after disaster declaration compared to standard     Section 406 procedures.
• Flexibility in     project design and implementation.
• Simplified and     streamlined processes for project approval and completion.
• Potential cost     savings and efficiencies in project management.
• Ability to     address unique challenges and circumstances in disaster recovery efforts     effectively.

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Damaged Facilities in Coastal Barrier Resource Systems (CBRS): Challenges and Considerations

Owning or operating a facility within a CBRS Unit presents unique challenges following a disaster. Here's a breakdown of the key issues to consider:

Limited Federal Assistance:

• The Coastal Barrier Resources Act (CBRA) restricts most federal aid, including FEMA Public Assistance funding, for development and reconstruction within CBRS Units.
• This could significantly impact your ability to access financial resources for repairs.

Environmental Regulations:

• CBRS Units are designated to safeguard sensitive coastal ecosystems.
• Any repairs or reconstruction must comply with environmental regulations to minimize harm to beaches, dunes, and wetlands.
• This may involve additional permits and mitigation measures, increasing project complexity.

Insurance Coverage:

• Insurance may be limited or even excluded for facilities located within CBRS Units due to the restrictions on federal assistance.
• This could result in substantial out-of-pocket costs for repairs or rebuilding.

Future Vulnerability:

• CBRS Units are inherently vulnerable to coastal hazards like storms, erosion, and rising sea levels.
• Rebuilding a damaged facility within a CBRS Unit might not address the long-term risk of future disasters.
• Considering long-term resilience and adaptation measures is crucial to minimize future risks.

Recommendations:

• Consult with Authorities:  Engage with FEMA and local environmental agencies to understand the specific regulations and requirements applicable to your situation.
• Seek Expert Guidance:  Consider legal and environmental consultations to navigate the complexities and potential challenges associated with repairs or reconstruction in CBRS areas.

By understanding these issues and taking proactive steps, facility owners and operators can make informed decisions regarding repairs or reconstruction within a CBRS Unit.

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The limitations on funding for anImproved Project, as explicitly mentioned in the document, are as follows: ​

1. FEMA limits Public Assistance (PA) funding for an     Improved Project to the lesser of: ​some text
    
   • The federal share of the approved estimate to      restore the damaged facility to its pre-disaster design and function. ​
    
   • The federal share of the actual costs of      completing the Improved Project. ​
 
2. FEMA only increases eligible funding for an     Improved Project if the applicant identifies an error or omission in the     original Scope of Work (SOW) or cost estimate related to restoring the     facility to its pre-disaster design and function. ​
3. The funding available for PA hazard mitigation for     an Improved Project is limited to the amount that would have been     available if the facility had been restored to its pre-disaster design. ​

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• An Applicant must be a state, territory, tribe, local government, private nonprofit organization.
• A Facility must be a building, public works, system, equipment, or natural feature.
• Work is categorized as either Emergency or Permanent. It must be required as a result of the declared incident, located within the designated disaster area, and the legal responsibility of the Applicant.
• Cost is the funding tied directly to eligible work, and must be adequately documented, authorized, necessary and reasonable. Eligible costs include labor, equipment, materials, contract work, as well as direct and indirect administrative costs.

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Choosing the Right Tool: Procurement Methods for Public Assistance Grants

The Public Assistance Grant Program allows  procurement of necessary goods and services through contracts. Here's a breakdown of the  eligible methods for obtaining these contracts:

1. Small Purchase Procedures (Under $250,000):

• Informal Methods for Small Contracts: Used for procurements with an anticipated cost below the current simplified acquisition threshold of $250,000.
• Obtaining Quotes or Bids: Allows for informal methods like soliciting quotes or bids from a reasonable number of qualified sources to obtain best value.

2. Sealed Bidding (Fixed-Price Contracts, Price-Based Selection):

• For Fixed-Price Contracts: Used when the contract has a pre-determined price and selecting a contractor is solely based on price.
• Process:
  • Applicants issue an Invitation for Bids (IFB).
  • Contract is awarded to the lowest responsive and responsible bidder who meets all requirements.

3. Competitive Proposals (Cost-Reimbursement or Fixed-Price, Evaluation Beyond Price):

• For Complex Procurements:  Used when the contract type is cost-reimbursement or fixed-price, and selection is based on factors beyond just price (e.g., qualifications, experience).
• Process:
  • Applicants issue a Request for Proposals (RFP) outlining evaluation criteria.
  • Proposals are evaluated based on these predetermined criteria to select the most qualified contractor.

4. Non-Competitive Proposals (Sole Source):

• Limited Use:  Used only when there's a single source capable of providing the required goods or services.
• Justification Required:  This method requires a strong justification for not using competitive methods, and may be used in emergencies.

Following the Rules:

• Applicants must adhere to procurement standards outlined in federal regulations (2 CFR 200.318-326) and FEMA's specific procurement guidance.

Choosing the Right Method:

• The chosen procurement method should:
  • Be appropriate for the project's nature and complexity.
  • Promote fair and open competition to the maximum extent possible.

By understanding these methods and following the regulations, applicants can ensure they select the most appropriate and compliant procurement method for their Public Assistance Grant projects.

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