FEMA may fund the costs of repairing, restoring, reconstructing, or replacing an eligible PNP facility on the basis of the design, function, and capacity of the facility as it existed immediately prior to the major disaster. The Applicant included multiple items of work/components in the SOW that were not required by any applicable code or standard, as such FEMA appropriately deobligated. When an applicant fails to comply with procurement procedures, FEMA may award reasonable costs that are adequately documented. The Applicant has not shown through documentation that it complied with procurement conditions on the projects in question. FEMA exercised its discretionary remedy authority by awarding reasonable costs. Stafford Act §705 does not apply to PNPs. The Applicant, as a PNP, is not afforded §705 protections.

The Applicant made improvements to the Facilities that were not required by any code or standard. In addition, regarding eligible items of work, the Applicant did not follow procurement standards, so FEMA exercised its discretion to award reasonable costs using RS Means. Finally, as the Applicant is a PNP, Stafford Act section 705(c) does not apply. Accordingly, this appeal is denied.

Stafford Act §§ 406, 705(c). 2 C.F.R. §§ 215.44, 215.45, 215.48, 215.62 44 C.F.R. §§ 13.36, 13.43(a), 206.206(a), 206.226(d). OMB Circular A-122, att. A § 3. PA Guide, at 34, 75, 115. FP 205-081-2, at 4-7. St. Tammany Par. Sch. Bd., FEMA-1603-DR-LA, at 6. Public Assistance Cost Estimating Format for Large Projects, Instructional Guide, Version 2, at 10.