FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated May 25, 2016, which transmitted the referenced second appeal on behalf of Midwest Energy, Inc. (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $77,774.14 in Public Assistance funding for contracted labor at double time rates, or, alternately, $29,868.01 for contracted labor at overtime rates, for the repair of electrical transmission lines. As explained in the enclosed analysis, I have determined that the Regional Administrator (RA) correctly affirmed FEMA’s initial eligibility decision that the Applicant failed to comply with Federal contract procurement standards. To remedy the noncompliance, FEMA properly awarded reasonable costs as a discretionary enforcement action. Consequently, there is no compelling reason to overturn the RA’s determination. Accordingly, I am denying the appeal. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.