1. August 28, 2009 Federal Emergency Management Agency Public Assistance Arbitration Process

2. August 28, 2009 2 Briefing Objectives…  Review Section 601 of the American Recovery & Reinvestment Act of 2009 (ARRA)  Discuss 44 CFR §206.209  Explain the Eligibility Criteria for Arbitration  Detail the Time Limits & Timeframes  Describe the Process  http://www.fema.gov/government/grant/pa/arbitration.shtm

3. August 28, 2009 3 The ARRA…  Became Law on February 17, 2009  Establishes an Arbitration Option  Included a Provision Designed to Expedite the Resolution of Disputed Projects  Applies only to Hurricane Katrina & Rita Disasters  Project Costs Must Be Greater Than $500,000

4. August 28, 2009 4 Arbitration is Limited to…  DR-1603-LA  DR-1604-MS  DR-1605-AL  DR-1606-TX  DR-1607-LA Gulf Coast Katrina & Rita Disasters

5. August 28, 2009 5 44 CFR §206.209  Published on August 31, 2009  Provides Time Frames  Sets Arbitration Criteria  Establishes Arbitration Procedures  Provides Final Agency Action  Establishes Responsibility for Arbitration Expenses

6. August 28, 2009 6 Requirements for an Arbitration Request…  FEMA Determinations or Decisions Made On or After February 17, 2009  No Final Decision Prior to February 17, 2009  Projects Must Cost More Than $500,000  Statutory Time Limits for Appeals Apply  Pending Appeal Must Be Withdrawn by Applicant by October 30, 2009

7. August 28, 2009 7 1 st Appeal, Time Limits…  Applicant Must Request, in writing, Arbitration within 60 Days of August 31, 2009 (October 30, 2009)  Appeals Pending a Decision on 2/17/09 Must be Withdrawn, in writing, within 60 Days of August 31, 2009 (October 30, 2009) 1 st Appeals Pending a Decision On 2/17/09 Arbitration is In Lieu Of Filing or Continuing a 1 st or 2nd Appeal

8. August 28, 2009 8 2 nd Appeal, Time Limits…  2 nd Appeals Pending or in Receipt of Final Decisions on or After February 17, 2009 - Applicant Must Request Arbitration, in writing, by October 30, 2009  If Applicant opts for Arbitration - 2 nd Appeal Must be Withdrawn, in writing, by October 30, 2009 2 nd Appeals Pending a Decision On 2/17/09 Arbitration is In Lieu Of Filing or Continuing a 1st or 2nd Appeal

9. August 28, 2009 9 Time Limits for a Determination…  After August 31, 2009 - The Applicant Must Request Arbitration, in writing, within 30 Days of the Determination in Dispute  Disputes Must Be Eligible for an Appeal Per Time Limits in 44 CFR §206.206 Arbitration is In Lieu Of Filing or Continuing a 1st or 2nd Appeal

10. August 28, 2009 10 Arbitration Panel…  US Civilian Board of Contract Appeals (CBCA)  Panel is Composed of Three Arbitrators  Panel for each Appeal Chosen By the Arbitration Administrator  Arbitration Administrator Notifies All Parties of Names of Arbitrators on the Panel

11. August 28, 2009 11 Content of Request for Arbitration…  Written Statement of Dispute and Request for Arbitration  All Documentation Supporting the Applicant’s Position  All information necessary for the arbitration panel to make an informed decision  There is no limit on amount of documentation that may be provided  Applicants are encouraged to describe their claims in sufficient detail to make the circumstances of the dispute clear to the arbitration panel  Withdrawal of Pending Appeal, if Applicable  Disaster Number  Name and Address of Applicant’s Authorized Representative or Counsel

12. August 28, 2009 12 Submission by Applicant…  Must Submit Written Request & Documentation Simultaneously to Grantee, the FEMA Regional Administrator and Arbitration Administrator  Within 30 Calendar Days of Receipt of Notice of the Determination  Appeals Pending a Decision on 2/17/09 and 2 nd Appeal Decisions Between 2/17/09 – 10/30/09  The Applicant Must Request Arbitration within 60 Days From Date Final Rule Was Published – October 30, 2009  Submit a Withdrawal of the Pending Appeal, if Applicable by October 30, 2009

13. August 28, 2009 13 Submission by Grantee…  Within 15 Days of Receipt of Request from Applicant  Forward Name and Address of the Grantee’s Authorized Representative or Counsel Simultaneously to:  FEMA Regional Administrator  Arbitration Administrator  Applicant  May Forward a Written Recommendation in Support or Opposition to the Applicant’s Request Simultaneously to:  FEMA Regional Administrator  Arbitration Administrator  Applicant

14. August 28, 2009 14 Submission by FEMA…  Within 30 Days of Receipt of Request from Applicant  Simultaneously Forward FEMA’s Response to:  Grantee  Arbitration Administrator  Applicant  Written Submission to Include:  Memorandum in Support FEMA’s Response  A Copy of the Project Worksheet  All Supporting Documentation  Name and Address of Authorized Representative or Counsel

15. August 28, 2009 15 Arbitration Panel’s Responsibilities…  Provide a Docket Number for Each Request for Arbitration it Receives  Arbitration Administrator Selects 3 Members for the Arbitration Panel  Contacts All Parties to set up a Preliminary Conference by Telephone  Set the Date and Location for the Hearing if a Hearing Has Been Requested  Render Final Determination Based on Relevant Written Materials and Oral Presentations, if any.

16. August 28, 2009 16 Preliminary Conference…  Held Within 10 Days After Panel Receives FEMA’s Response to the Request for Arbitration  Teleconference with All Parties  Purpose:  Address Future Conduct of the Case  Clarification of Disputed Issues  Possible Arbitrator Disqualification  Schedule of Hearings and Hearing Location if Requested  Applicant and/or FEMA Must Request Hearing Prior to Preliminary Conference  Other Administrative Matters

17. August 28, 2009 17 Hearing…  Name of Presenter if Hearing is Requested  Hearing Held Within 60 Calendar Days After Preliminary Conference  Oral Presentation  In Person  Or by Telephone  All Parties Must be Able to Simultaneously Hear All Other Participants  The Parties May Not Engage in Discovery or Provide Additional Paper Submissions at the Hearing  Panel May Request Additional Written Materials from Either Party  And Parties May Make Request to Submit Additional Written Materials Following the Hearing. Discretion to Grant Request Rests with the Panel.

18. August 28, 2009 18 Review by the Arbitration Panel…  Will Consider All Relevant Written Materials  Will Consider Oral Presentations  Panel May Seek Independent Expert Advice  Engineers  Architects  Subject Matter Experts

19. August 28, 2009 19 Finality of Decision…  Majority of the Panel Will Constitute a Final Decision  Final Decision is Binding for All Parties  No Further Administrative Review  Not Subject to Judicial Review  Except as Permitted by 9 U.S.C. 10

20. August 28, 2009 20 Definitions…  Appeal – Two-level Procedure under 44 CFR §206.206 to Resolve an Agency Determination with an Agency Decision  Application – A Project Worksheet Before it is Approved  ARRA – American Recovery & Reinvestment Act of 2009  CBCA – US Civilian Board of Contract Appeals  Decision – Outcome of an Appeal or Arbitration Request  Determination – Non Appealed FEMA Action in Dispute  Docket Number – Tracking Number Provided by the CBCA

21. August 28, 2009 21 Definitions, cont…  Final Rule – Regulations Based on Section 601 of the ARRA  Hearing – Oral Presentation Requested by the Applicant or FEMA  Panel – The Arbitration Panel from the CBCA  Preliminary Conference – Panel Initiated Teleconference With All Parties  Project – Project Worksheet  May Include More Than One Site  May Include More than One Project Worksheet  Time Limit – Number of Days to File an Appeal, Arbitration Request or Issue a Decision

22. August 28, 2009 22 Where to submit?  Civilian Board of Contract Appeals  Mailing Address 1800 F Street, NW Washington, DC 20405  Street Address Sixth Floor 1800 M Street, NW Washington, DC 20036

23. August 28, 2009 23  From Louisiana, please also send your request to:  FEMA ATTN: Gary Jones Acting Regional Administrator 800 N. Loop 288 Denton, Texas 76209  State ATTN: Mark Riley Deputy Director Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP) 7667 Independence Blvd Baton Rouge, LA 70806

24. August 28, 2009 24  If you have any administrative questions regarding the CBCA's process, you may contact the Clerk of the Board at: Phone (202) 606-8800; and Fax (202) 606-0019. See also the CBCA’s webpage at www.cbca.gsa.gov.www.cbca.gsa.gov

25. August 28, 2009 25 Questions ?

26. August 28, 2009 26 Links  http://www.fema.gov/government/grant/pa/arbitration.shtm http://www.fema.gov/government/grant/pa/arbitration.shtm  www.fema.gov www.fema.gov  http://www.louisianapa.com/ http://www.louisianapa.com/  http://www.cbca.gsa.gov/ http://www.cbca.gsa.gov/

27. August 28, 2009