An emergency or unforeseen contingency is an event that meets all of the following criteria:
- (a) It could not be planned for;
- (b) It is not the result of mismanagement, malfeasance, or willful neglect;
- (c) It is not covered by an insurance policy in force at the time of the event;
- (d) The Assistant Secretary determines that Bureau cannot reimburse the emergency from the facilities emergency repair fund; and
- (e) It could not have been prevented by prudent action by officials responsible for the educational program.