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