Any decision regarding eligibility for assistance may be appealed within 60 days after the date on which the applicant is notified of the award or denial of assistance. The 60-day timeframe for the Applicant to submit its first appeal began on June 3, 2021. It submitted the first appeal to the Recipient 57 days later, on July 30, 2021. To be eligible, costs must be directly tied to the performance of eligible work, among other criteria. FEMA reimburses force account labor based on actual hourly rates plus the cost of the employee’s actual fringe benefits. The Applicant’s force account labor costs are associated with work performed before the incident period, work not included in the scope of work (SOW), or are not substantiated by the available documentation. FEMA is authorized to provide funding for the use of applicant-owned equipment (force account equipment) based on FEMA, state, or local hourly equipment rates. The Applicant’s force account equipment costs are associated with work performed before the incident period, work not included in the SOW, or are not substantiated by the available documentation. The cost of materials is eligible if purchased and justifiably needed to respond to and/or recover from the incident, or taken from the applicant’s stock and used for the incident. The available documentation does not demonstrate that the materials claimed were used in the performance of eligible work; associated costs are therefore ineligible. FEMA provides funding for contract costs based on the terms of the contract if the applicant meets federal procurement and contracting requirements. The Applicant’s contract procurement policy was not included in the administrative record. Therefore, it has not demonstrated compliance with federal contract procurement standards.

The Applicant’s first appeal was timely submitted, however, it has not demonstrated that its force account labor, force account equipment, materials, and contract costs are eligible. Therefore, this appeal is denied.

Stafford Act §§ 406(a)(2)(C), 423(a). 2 C.F.R. § 200.317. 44 C.F.R. §§ 206.206(c), 206.228(a)(2)(i). PAPPG, at 21-23, 25-26, 28, 30, 140. Univ. Sys. of Ga. Bd. of Regents, FEMA-4284-DR-GA, at 4.