Under 44 C.F.R. 13.36(d)(4)(i); FEMA allows for noncompetitive procurement when the award contract is infeasible under small purchase procedures; sealed bids; or competitive proposals and the item is only available from a sole source; a public exigency or emergency does not allow for delay; the awarding agency allows for noncompetitive bids; or after solicitation from a number of sources; competition is determined inadequate.The Applicant failed to demonstrate that competitive procurement was infeasible or that circumstances met any of the criteria for noncompetitive procurement.According to 44 C.F.R. 206.205(b); following the Grantee accounting of documented actual costs for each approved large project; FEMA will determine the eligible amount of reimbursement and approve eligible costs. Pursuant to 44 C.F.R. 207.8(d); when the project is completed; the Grantee will initiate closeout and reconciliation of final costs; at which time; FEMA obligates final costs for the project. As the Applicant did not request a time extension from FEMA; closeout of PW 978 was proper and all final eligible costs were appropriately reconciled.The Applicant did not demonstrate that additional costs incurred were eligible.
HeadnotesUnder 44 C.F.R. § 13.36(d)(4)(i); FEMA allows for noncompetitive procurement when the award contract is infeasible under small purchase procedures; sealed bids; or competitive proposals and the item is only available from a sole source; a public exigency or emergency does not allow for delay; the awarding agency allows for noncompetitive bids; or after solicitation from a number of sources; competition is determined inadequate.The Applicant failed to demonstrate that competitive procurement was infeasible or that circumstances met any of the criteria for noncompetitive procurement.According to 44 C.F.R. § 206.205(b); following the Grantee’s accounting of documented actual costs for each approved large project; FEMA will determine the eligible amount of reimbursement and approve eligible costs. Pursuant to 44 C.F.R. § 207.8(d); when the project is completed; the Grantee will initiate closeout and reconciliation of final costs; at which time; FEMA obligates final costs for the project. As the Applicant did not request a time extension from FEMA; closeout of PW 978 was proper and all final eligible costs were appropriately reconciled.The Applicant did not demonstrate that additional costs incurred were eligible.