Force Account Labor & Equipment Costs

Force Account Costs

HEADNOTES

Emergency protective measures and costs are eligible when they are associated with saving lives, protecting public health and safety, and protecting improved property. The Applicant demonstrated that some of the claimed emergency work activities were eligible emergency protective measures necessary to save lives, protect public health and safety, and to protect improved property. When an applicant’s budgeted employees perform emergency work, only overtime labor is eligible for reimbursement through the PA grant program. Materials and equipment associated with overtime costs are eligible for reimbursement. The Applicant demonstrated that $4,934,693.21 in costs associated with overtime for its budgeted employees performing emergency work is eligible. However, the Applicant did not differentiate between equipment used during regular time (straight-time) and overtime and is found ineligible.

CONCLUSION

The Applicant has demonstrated that $4,934,693.21 in labor costs associated with emergency work is eligible. However, the Applicant has not provided documentation to support the remaining $8,215,616.94 in claimed costs for non-eligible work and equipment used. Accordingly, the second appeal is partially granted.

AUTHORITIES

Stafford Act § 403(a). 44 C.F.R. §§ 206.225(a), 206.228(a)(2)(iii). 2 C.F.R. § 200.402(g). PAPPG, at 21, 24, 58, and 60. Dep’t of Transp., FEMA-4068-DR-FL, at 5; City of Sweetwater, FEMA-1345-DR-FL, at 3.

44 C.F.R. §§ 206.225(a), 206.228(a)(2)(iii)
Force Account Labor & Equipment Costs