avoiding problems and pitfalls with the fema public assistance program
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Avoiding Problems and Pitfalls with the FEMA Public Assistance Program. Common Problems. Violation of Program Rules Failure to report damages within 60 days Ineligible Work / Ineligible Costs Improper/Inadequate Documentation Missed Deadlines Inadequate Reporting - PowerPoint PPT PresentationTRANSCRIPT
AvoidingAvoidingProblems and PitfallsProblems and Pitfalls
with thewith theFEMA FEMA
Public Assistance Public Assistance ProgramProgram
Common ProblemsCommon Problems Violation of Program RulesViolation of Program Rules
Failure to report damages within 60 daysFailure to report damages within 60 days Ineligible Work / Ineligible CostsIneligible Work / Ineligible Costs Improper/Inadequate DocumentationImproper/Inadequate Documentation Missed DeadlinesMissed Deadlines Inadequate ReportingInadequate Reporting
Procurement/Contracting ViolationsProcurement/Contracting Violations Environmental/Historic ViolationsEnvironmental/Historic Violations Conflicts with neighbors and advocacy Conflicts with neighbors and advocacy
groupsgroups
ConsequencesConsequences
Negative public relationsNegative public relations Negative intergovernmental relationsNegative intergovernmental relations Financial deobligation of some or all of Financial deobligation of some or all of
a Project Worksheeta Project Worksheet Disbarment of contractor from federal Disbarment of contractor from federal
or state contract eligibilityor state contract eligibility Possible criminal and/or civil penalties Possible criminal and/or civil penalties
including fines and incarcerationincluding fines and incarceration
How to Avoid ProblemsHow to Avoid Problems
Carefully and completely review Carefully and completely review ALL ALL official documentsofficial documents
Never assume….Always ask questionsNever assume….Always ask questions Obtain and review guidance documentsObtain and review guidance documents Get everything in writingGet everything in writing Obtain professional assistanceObtain professional assistance Do not sign documents until you are Do not sign documents until you are
sure you understand and agree sure you understand and agree
Violation of Program RulesViolation of Program Rules
As with all government programs, the As with all government programs, the PA program has rules and regulation PA program has rules and regulation that must be complied withthat must be complied with
State Homeland Security and State Homeland Security and Emergency Management can answer Emergency Management can answer most questionsmost questions
Rules and Regulations can also be Rules and Regulations can also be found at:found at: www.fema.gov
Violation of Program RulesViolation of Program RulesContinuedContinued
Damages must be reported within 60 Damages must be reported within 60 days of the kick-offdays of the kick-off
Applicants need to report all Applicants need to report all damages a soon as possibledamages a soon as possible
There is some flexibility to this rule if There is some flexibility to this rule if the disaster prevents the applicant the disaster prevents the applicant from accessing the areafrom accessing the area
Violation of Program RulesViolation of Program RulesContinuedContinued
Ineligible work or costsIneligible work or costs
* It is not uncommon for an applicant who is * It is not uncommon for an applicant who is unfamiliar with the program to submit cost for unfamiliar with the program to submit cost for work that is not eligible work that is not eligible
* The most commonly rejected cost is regular time * The most commonly rejected cost is regular time for personnel working on Cat A or B Emergency for personnel working on Cat A or B Emergency WorkWork
* Work that is not included in the written Scope of * Work that is not included in the written Scope of Work is Work is ineligible ineligible
Violation of Program RulesViolation of Program RulesContinuedContinued
Improper or inadequate documentationImproper or inadequate documentation* Applicants are responsible for providing * Applicants are responsible for providing
accurate and complete documentationaccurate and complete documentation* Cost records must be provided for each * Cost records must be provided for each
Project Worksheet Project Worksheet * Applicants must insure contract and/or * Applicants must insure contract and/or
invoices are broken down by projectinvoices are broken down by project* Documentation that is not broken down * Documentation that is not broken down
PW by PW will be returned to the applicant PW by PW will be returned to the applicant
Violation of Program RulesViolation of Program RulesContinuedContinued
Missed DeadlinesMissed Deadlines* Projects have completion deadlines based on the * Projects have completion deadlines based on the
Category of workCategory of work Emergency Work 6 months (Category A and B)Emergency Work 6 months (Category A and B) Permanent Work 18 months (Category C, D, E, Permanent Work 18 months (Category C, D, E,
F, G)F, G)
* Extensions may be granted but must be requested * Extensions may be granted but must be requested in writing 30 days prior to the established in writing 30 days prior to the established deadlinedeadline
* Applicants must request extension Project by * Applicants must request extension Project by Project and must provide a justification and an Project and must provide a justification and an estimation time of completionestimation time of completion
Violation of Program RulesViolation of Program RulesContinuedContinued
Inadequate ReportingInadequate Reporting
* Applicants are required to report any * Applicants are required to report any problems includingproblems including
Cost over-runsCost over-runs
Permitting issuesPermitting issues
Legal/Contractual disputesLegal/Contractual disputes
Scope of Work issuesScope of Work issues
* Large Project Quarterly Reports * Large Project Quarterly Reports
ProcurementProcurement
All purchasing must comply with All purchasing must comply with federal, state and local procurement federal, state and local procurement rulesrules Avoid sole-source contractsAvoid sole-source contracts Time and materials contracts must have Time and materials contracts must have
financial maximum and are time-limited by financial maximum and are time-limited by FEMAFEMA
No “piggy-back” contractsNo “piggy-back” contracts Avoid conflict of interestAvoid conflict of interest
LicensingLicensing
Applicants are responsible for doing Applicants are responsible for doing business with legally eligible entities and business with legally eligible entities and individualsindividuals
Failure to comply with state licensing Failure to comply with state licensing requirements can lead to fines, penalties requirements can lead to fines, penalties and possible litigationand possible litigation
Contact state or local licensing authorities Contact state or local licensing authorities with any questions prior to awarding with any questions prior to awarding contractcontract
Environmental and Historical Environmental and Historical RequirementsRequirements
All projects funded by the federal All projects funded by the federal government must comply with government must comply with environmental and historical laws environmental and historical laws and regulations (NEPA)and regulations (NEPA)
Failure to comply with these laws Failure to comply with these laws WILL WILL result in loss of funding and result in loss of funding and possible criminal/civil penaltiespossible criminal/civil penalties
Conflicts with neighbors and/or Conflicts with neighbors and/or advocacy groupsadvocacy groups
Applicants should use good judgment Applicants should use good judgment when developing projectswhen developing projects
FEMA “recommends” but does not FEMA “recommends” but does not mandatemandate
Applicants, not FEMA or the State, are Applicants, not FEMA or the State, are responsible for the actions they takeresponsible for the actions they take
Always work with adjacent landowners Always work with adjacent landowners to determine if adverse impacts will to determine if adverse impacts will occuroccur
ClosingClosing
Disaster is never “fun” Disaster is never “fun” Try to enjoy the recovery experienceTry to enjoy the recovery experience DHSEM is here to assist you, but DHSEM is here to assist you, but
there are some things we can’t undothere are some things we can’t undo All recovery will one day end All recovery will one day end