44 C.F.R. 13.36 required competitive bids for every procurement action; unless one of four exceptions apply; including public exigency.Here; the mold remediation met the “public exigency” exception in 44 C.F.R. 13.36(d)(4)(i)(B). Even if a procurement exception applies; per 44 C.F.R. § 13.36(d)(4)(ii) and13.36(f)(1); an applicant must still conduct a concurrent cost or price analysis to determine whether the contract costs are reasonable. Neither the Applicant nor the Grantee performed such an analysis until submission of the first appeal. FEMA therefore correctly found that a procurement violation existed.

Headnotes44 C.F.R. § 13.36 required competitive bids for every procurement action; unless one of four exceptions apply; including public exigency.Here; the mold remediation met the “public exigency” exception in 44 C.F.R. § 13.36(d)(4)(i)(B). Even if a procurement exception applies; per 44 C.F.R. §§ 13.36(d)(4)(ii) and13.36(f)(1); an applicant must still conduct a concurrent cost or price analysis to determine whether the contract costs are reasonable. Neither the Applicant nor the Grantee performed such an analysis until submission of the first appeal. FEMA therefore correctly found that a procurement violation existed.