The PA Guide requires applicants to obtain approval when a need for additional funding or a change in scope is anticipated. The Applicant did not obtain approval when it anticipated the need for additional funds. Under 44 C.F.R. § 206.206, the burden is on the Applicant to substantiate its appeal with documented justification. The Applicant failed to justify its request for adjustments to the CEF factors. 44 C.F.R. § 13.36 requires full and open competition unless public exigency or emergency makes competition infeasible. The Applicant did not demonstrate that any public exigency or emergency justified noncompetitive procurement. Following noncompliance, 44 C.F.R. § 13.43 authorizes FEMA to award reasonable costs as an enforcement action. Awarding hourly costs capped at $155 per hour and disallowing travel costs was an appropriate exercise of discretion.
Stafford Act § 324. 2 C.F.R. pt. 225, app. A § (C)(2). 44 C.F.R. §§ 13.30, 13.36, 13.43, 206.201-202.203, 206.206. DAP 9529.9, at 2-5. PA Guide, at 51-52, 79, 96, 110-111, 139-140. PA Policy Digest, at 71. Los Angeles Dep’t of Water and Power, FEMA-1577-DR-CA, at 2. City of Cedar Rapids, FEMA-1763-DR-IA, at 7, 11. Columbus Reg’l Hosp., FEMA-1766-DR-IN, at 7-8. City of Nome, FEMA-4050-DR-AK, at 5-6. Vill. of Waterford, FEMA-4020-DR-NY, at 4.