According to FEMA officials, the program review branch of FEMA's Fraud and Internal Investigations Division completed its review of PA debris removal in September 2022. Listen. By utilizing the advanced prestaging and deployment of state recovery teams, and securing 100% Category A assistance for 30 days, Florida has paved the way for municipalities to expedite debris removal. The contract between the Applicant and NRWS; Any change orders on the NRWS contract to perform specific earthquake debris removal work; Any information regarding the ability of NRWS to hire subcontractors and how the subcontractors were to be governed; and. (Appliances are sometimes called White Goods.). The Department of Homeland Security stated that it concurred with GAO's recommendations. 2555 Shumard Oak Blvd. The Applicant specifically proposes that FEMA award the median cost for debris removal work performed for the instant disaster in the amount of $20.39/cubic yard (CY) in both projects instead of $64.89/CY for PW 502 and $35.03/CY for PW 508. This page contains information that may not reflect current policy or programs. Accordingly, I am denying this appeal. Therefore, the second appeal is denied. [21] Reasonable costs can be established through the use of historical documentation for similar work, average costs for similar work in the area, published unit costs from national cost estimating databases, or FEMA cost codes. Share sensitive information only on official, secure websites.. On August 24, 2014, an earthquake and subsequent aftershocks caused widespread damage throughout the City of Napa (Applicant). Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) authorizes funding for eligible debris removal activities under FEMAs Pilot Program, which allows an applicant to opt for an increased federal cost share for accelerated completion of debris removal, reimbursement of forced account labor, and retention of recycling income generated from recycling debris removal. However, the spreadsheets do not specify the size of the debris loads, nor do they indicate the specific amounts of work that can be attributed to the contractor, subcontractor, and force account labor or equipment. According to 2 C.F.R. A .gov website belongs to an official government organization in the United States. 13.36(b)(10). The Applicant executed an amendment to the original contract to include providing monitoring services for the two debris collection sites. The RA has wide latitude to undertake an enforcement action and, upon review, was within his discretion to deny the claim for reasonable costs, particularly given the difficulty with determining reasonable costs discussed in the first appeal decision. [11] However, monitors should have experience working on construction sites and be familiar with safety regulations . Fraud risks include those from debris removal schemessuch as misrepresenting the amount, source, or type of items removedor associated with procurement and contracting, such as bribery, collusion, and false invoicing. Further, the Grantee asserted that the Applicant used the same contract with NRWS following a previous disaster, and FEMA had no issues with the contract or with reimbursing the Applicant for the debris removal service costs incurred in that prior disaster. Here, the Applicant only provided information about its RFQ process, but did not provide the information needed to determine if it complied with its own procurement policies in procuring its debris removal services. The Debris Management Guide requires applicants to monitor debris removal operations to be eligible for Public Assistance funding. California Governors Office of Emergency Services, Re: Second Appeal City of Napa, PA ID: 055-50258-00, FEMA-4193-DR-CA, Project Worksheet (PW) 250 Reasonable Costs Debris Removal Monitoring. Therefore, the second appeal is denied. These teams toured counties prior to landfall to better assist with determining the level of impact after Hurricane Ian. Serv. Share sensitive information only on official, secure websites.. From October 415, 2016, Hurricane Matthew deposited large amounts of vegetative debris on six facilities governed and managed by the University System of Georgia Board of Regents (Applicant). Residents can apply for loanshere. The Applicant is appealing the Department of Homeland Security s Federal Emergency Management Agency's (FEMA) partial denial of its first appeal for increased Finally, the Grantee conceded that the debris removal operation had room for improvement as there were procurement issues (mainly the use of a T&M contract beyond the 70-hour time limit), along with issues surrounding the comingling of debris. As explained in the enclosed analysis, I have determined that FEMA appropriately exercised its discretionary authority to disallow all costs claimed in PWs 502 and 508 as a remedy for the Applicants noncompliance with Public Assistance program eligibility requirements and Federal procurement and contracting standards. In addition, the Applicant did not demonstrate that it complied with Federal procurement and contracting requirements with respect to its debris removal contractors, nor did it establish its costs were reasonable. Records showing the monitoring of all contractors and subcontractors working under a T&M contract. In the first appeal, the RA found and analyzed several issues surrounding the Applicants contract procurement. Tropical Storm Nicole [14] These sites were open for anywhere from 2-54 days. University System of Georgia Board of Regents. The Grantee forwarded the Applicants appeal to FEMA on September 28, 2018, along with its own analysis which mirrors the arguments made in its first appeal. The Grantee then transmitted the Applicants appeal to FEMA on October 26, 2015. Public Assistance Fact Sheets, Job Aids, and FAQs The Applicant argues that FEMAs decision improperly rests on the premise that the debris could not be identified as disaster related debris. Further, a leading practice for implementing effective fraud-awareness initiatives is to convey information about risks and how to identify fraud schemes. [4] Grantee again acknowledges that the majority of the costs incurred by the Applicant under the T&M contract were after the 70 hour timeframe. The Applicant filed a second appeal requesting a reduced award based on the disasters median cost for debris removal work of $20.39/CYi.e., reducing its claim to $254,711.88 for PW 508 and $90,083.02 for PW 502. Some parts may be able to be recycled. FEMA will not reimburse costs incurred beyond those 90 days resulting from deficient recordkeeping. Prior to Hurricane Ians landfall in Southwest Florida, FDEM positioned five teams along the projected path of the storm alongside FEMA partners to immediately begin conducting rapid damage assessments after Hurricane Ian in impacted areas. On September 6, 2014, the Applicant employed SEA to monitor the remaining two locations. 44 C.F.R. The Federal Emergency Management Agency provided almost $10 billion through its Public Assistance grant program to states and territories for debris removal and other emergency work projects following the hurricanes and wildfires in 2017. allows FEMA to take discretionary enforcement actions when the applicants materially fail to comply with terms of an award. A lock ( . FEMA also noted the appealed costs do not meet the reasonableness standard established by federal grant regulations, as they resulted from inadequate recordkeeping, which caused the Applicants contractor to spend an inordinate amount of time and effort to reconcile documentation for work performed during the initial 90 days. You dont want to touch things twice: Once everything that cant be saved has been readied for pickup, recovery can begin. However, the deceptive nature of fraud makes it harder to detect than nonfraudulent errors, such as compliance and eligibility issues, and potentially requires control activities designed to prevent and detect criminal intent. FEMA faces challenges balancing the need to quickly deliver disaster funds while minimizing the risk of fraudchallenges increased by the size and scope of the 2017 disasters and the complexity of the PA grant program. The Applicant is appealing the U.S. Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision to disallow all debris removal costs in Project Worksheets (PWs) 502 and 508, and requests a reduced award based on the disasters median cost for debris removal work of $20.39/CY. In addition, according to FEMA officials, the Fraud and Internal Investigations Division completed a preliminary assessment of PA emergency protective measures in September 2022, with an estimated completion date for the review of June 2023. According to the documentation submitted by the Applicant, it opened debris collections sites on the day after the disaster August 25, 2014. DHS requested that we consider the recommendation implemented. Jun 9, 2021 Earthquake | Disaster Clean-up and Debris Removal Learn about disaster clean-up and debris removal after an earthquake. FEMA has obligated over $10 billion in PA grants for emergency work to applicants in the three states and two territories recovering from hurricanes and wildfires in 2017. [3] Failure to document eligible work and costs may jeopardize PA grants.[4]. Pursuant to 2 C.F.R. See also Disaster Assistance Policy DAP 9580.203, Debris Monitoring, at 1 (May 2, 2007). The RA found numerous issues with the contract procurement including the lack of a competitive bid process, lack of a cost analysis, failure to include an effective price ceiling on the T&M contract, failure to negotiate profit, and use of a prohibited cost plus percentage of cost (CPPC) contract. The Applicant argues while the contractors data collection system involving use of hand-held clipboards, paper tickets, and pictures delayed invoices, it was acceptable under FEMAs program, and; that use of an automatic system was not required, and so costs were necessary and reasonable. Debris monitoring costs for work performed during the first 90 days were properly reimbursed. [3] The Applicant further argues that FEMA failed to meet the requirements of its own policy of funding reasonable costs even where there is a procurement noncompliance. This is in response to a letter from your office dated January 21, 2020, which transmitted the referenced second appeal on behalf of South Carolina Department of Transportation (Applicant). [5] The Applicant also provided documentation to refute the RAs finding regarding the availability of additional insurance proceeds. However, the record keeping method employed by the Applicant, though allowed, was not performed efficiently, and so the Applicant duplicated debris monitoring work, which FEMA will not reimburse costs for. GAO was asked to review a range of disaster response and recovery issues following the 2017 disaster season. The highest fraud risks may include risks related to procurement and debris removal, and other risks FEMA identifies through fraud risk assessments. LockA locked padlock When the bins were full the citizens piled the rest of the debris on the ground surrounding the bin. 2 C.F.R. ) or https:// means youve safely connected to the .gov website. By Erik Larson. [7] Monitoring debris removal requires comprehensive observation and documentation of work from the point of collection to final disposal. Debris Removal Tips - FEMA.gov August 22, 2023 at 12:23 PM PDT. However, the agency has not comprehensively assessed fraud risks to these grants as called for by leading practices in GAO's Fraud Risk Framework. FEMA prepared PW 1296 for $1,833,070 to fund the County of Hydes (Applicant) debris removal activities countywide. The Applicant submitted a letter to the Grantee, who forwarded it to FEMA on July 15, 2016, asserting FEMA did not provide enough guidance in the final RFI to allow the Applicant to respond with documents that would support any prior deficiencies. However, if the debris is keeping you or emergency workers from safely The Applicant did not monitor a majority of its debris drop off sites and did not employ qualified monitors at the remaining sites who met the policy requirements for debris monitors. FEMA provides PA funding for contract costs based on the terms of a contract if an applicant complies with applicable procurement and contracting requirements. A .gov website belongs to an official government organization in the United States.
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