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Bid Evaluation
Price of ELIGIBLE services/equipment must be the primary factor when constructing the evaluation of bid responses. When reviewing and evaluating bids received for eligible services, the applicant must select the most cost-effective bid. This means that the price of eligible products and services must be the primary factor but does not have to be the sole factor. Primary factor means that it must be weighted higher than any other bid evaluation factor. Other relevant evaluation factors may include, but are not limited to:
• Prior experience including past performance; • Personnel qualifications including technical excellence; • Management capability including schedule compliance; and • Environmental objectives.
NOTE: The price factor cannot include ineligible costs. Ineligible services can be included in the evaluation as long as they are in a separate price factor that is weighted less heavily (see Example 2 below).
Example 1: The following example meets program guidelines, as the price of the eligible products and services is weighted higher than any other single factor and does not include any ineligible cost factors:
Factor Weight
Price of the eligible products and services 30%
Prior experience 25%
Personnel qualifications 20%
Management capability 15%
Environmental objectives 10%
Total 100% Example 2: This second example includes an evaluation factor that addresses ineligible costs that an applicant might incur as a result of selecting a particular bid. Note that the price of the eligible products and services is still the primary factor, and the ineligible costs are included in a factor that is weighted less heavily.
Factor Weight
Price of the eligible products and services 30%
Prior experience 25%
Ineligible cost factors 20%
Management capability 15%
Local vendor 10%
Total 100% You should use the factors you choose for your evaluation to construct a bid evaluation matrix. Your matrix will assist you in your evaluation and also provide documentation of your process. No Bids Received? If you do not receive any bids in response to a Form 470, SLD suggests that you keep a written record of this fact. Various review processes, including audits, may occur after your competitive bidding process has ended, and this email or memo may be the only documentation of what happened. If you do not receive any bids after your 28-day waiting period, you can contact service providers to solicit bids and can then review and evaluate any bids received as a result. However, remember that if you post a new Form 470, issue a new Request for Proposal (RFP), or amend your existing RFP, you must extend your allowable contract date by 28-days to allow all vendors a full 28-day bidding period to compose and submit a valid bid.
Keep in mind that your state and local procurement rules may also require you to take certain actions when this situation occurs. As always, you must be in compliance with all of your state and local rules and regulations as well as Federal Communications Commission (FCC) rules. One Bid Received? If you receive only one bid, we suggest that you keep a written record of this fact. This will help to document that you did not just keep only the winning bid. Bid Disqualification Factors You can set out specific requirements and disqualify bids that do not meet those requirements as long as you clearly identify the disqualification reasons on your Form 470 and/or your RFP. Disqualification reasons should be determined prior to any substantive bid evaluation. Disqualification reasons cannot be scored on a range, but rather are binary – i.e., the service provider either meets the standard or does not meet the standard. In other words, they must be able to be answered in Yes/No format. The following items are examples of common bid disqualification reasons (but by no means an exhaustive list):
• Service provider must register with the state procurement office. • Service provider must have a Service Provider Identification Number (SPIN) also known as the
service provider’s 498 ID. • Service provider must have a CORES ID (FCC Registration Number). • Service provider must be bonded. • Service provider must offer discounted billing. • Bid not timely received.
If you feature these six requirements as bid disqualification reasons, then bids from service providers that do not meet all of these requirements are disqualified and not evaluated further. The remaining bids must then be evaluated with the price of the eligible products and services as the factor that is weighted most heavily in the bid evaluation. Mandatory Walkthroughs and Bidders Conference as Disqualification Reasons You can require that bidders participate in a walkthrough of your facility or attend a bidders’ conference in order to submit a bid. As long as you have clearly stated in your Form 470 and/or RFP that not attending these events is a reason for disqualification, you can disqualify bids from service providers that were not present at these events. However, you must be sure that all bidders had access to this information and have timely notice so that they have a reasonable opportunity to attend.
Multi-tiered Vendor Evaluations If you use a multi-tiered or multi-round evaluation process, the price of the eligible products and services must be the primary evaluation factor (most heavily weighted) overall. The Best and Final Offer (BAFO) process is considered a multi-tiered evaluation process. The following is an example of such a process: In the first round, the applicant uses the following evaluation criteria:
• Price of eligible services and products (50 points) • Prior experience with the applicant (25 points) • Reference check (25 points)
Bidders that do not receive at least 70 points in the first round are eliminated and not considered any further. In the second round, the applicant uses the following evaluation criteria:
• Price of the eligible products and services (40 points) • Technical solution (35 points) • Price of any ineligible products and services needed in order to make the solution work (25
points)
Although the applicant did not consider bids that did not meet the 70-point threshold, the first round is not a disqualification because bidders were scored subjectively on references and prior experience with the district. In this example, overall the primary factor was the price of the eligible products and services (90 points). In each round, price of E-rate eligible services was considered and was weighted most heavily, so that price was the primary factor considered.
COMPLETED SAMPLE
Category of Service: 1GB MB Internet Access w/Fiber TransportPossible Points Vendor A Vendor B Vendor C
Total Cost of Eligible Goods/Services $600 $1,000 $1,200% to Lowest bid (low bid cost/bid cost) 100% 60% 50%
Weighted Cost (possible points * % to low bid) 70 70 42 35Ability to Provide Service on July 1 20 15 15 20
Previous Vendor Experience with the District 10 0 0 10
100 85 57 65
*Cost of eligible goods/services must be have more possible points than another other evaluation factor. Although not required, I recommend that it comprise at least 50% of the total points.
Winning Vendor: Vendor ABid Evaluation Conducted By (Name, Title): William Faulkner, District Technology DirectorBid Evaluation Date: 1/5/2019
Tariffed Services and Non-Contract Services What are tariffed services? Tariffed services are those data transmission services that have terms and conditions, including pricing, set forth in documents called tariffs that are on file with a state Public Utility Commission (PUC) and/or the Federal Communications Commission (FCC). Tariff service refers only to data transmission telecommunications services, and not Internet access service. Internet access service providers are not regulated by state PUCs and do not file tariffs. What are non-contract services? Some telecommunications companies that provide Category 1 data transmission services are not regulated by state public utility commissions and/or do not file tariffs. These companies may offer services on a month-to-month basis and may not require customers to sign a contract. Also, Internet access service providers may offer month-to-month non-contract services. Additionally, some state legislatures may have eliminated the requirement for telecommunications common carriers to file tariffs with the state PUC and these companies may simply provide non-contract services as well.
Under the E-rate program, the SLD does not recognize multi-year tariff arrangements. Multi-year tariff arrangements must be treated as contracts. Only Category 1 services may be provided as a tariff or month-to-month, non-contractual arrangement. All Category 2 services and/or equipment purchases must be purchased pursuant to a signed contract. Please refer to the separate document concerning contracts for more information.
How should tariff and non-contract services be handled on my Form 470? Applicants seeking discounts for services purchased without a contract arrangement – either via a tariff or a price quote from a vendor -- must request bids for these services each year via the Form 470. This 470 posting must be done after the SLD releases the upcoming funding year’s version of the Form 470. Usually the Form 470 for the upcoming funding year becomes available sometime on or around July 1. Some applicants simply rely on July 1 as the earliest date for which they can post their Form 470 for the next year in the case of tariffed or month-to-month services. (For example: if you are seeking E-rate discounts for the program year beginning July 1, 2020, you would normally submit the 470 on or after July 1, 2019).
How should I handle tariffed and non-contract services on my Form 471? After your Form 470 has been posted on the SLD Web Site for 28 days, you must evaluate all bids received and select the most cost-effective bidder. If your current service provider does not submit a bid, you may rely on a recent bill as a bid. If your current service provider offers the most cost effective service, you may continue using this vendor; otherwise, you are required to change vendors to receive service from the most cost effective bidder. Before selecting the most cost-effective vendor, you must consider all proposals received in response to your Form 470.
Memo No Competitive Bids
[APPLICANT LETTERHEAD]
TO: FILE FROM: _________________________ DATE: _________________________
Form 470# ______________________________ Services/Equipment Requested _____________________________________________________ In response to the above-referenced Form 470, the Applicant did not receive any bids or proposals for the above-referenced services/equipment. Check if applicable. [ ] The Applicant contacted [insert name of service provider] and obtained a proposal for the services and/or equipment. The Applicant determined that the proposal is a cost effective solution for meeting the Applicant’s educational and technology plan goals in the marketplace and will procure services from this service provider. [ ] The District decided to continue to receive services from its existing service provider at cost-effective prices.
Contract Tips
Note: The following is informal unofficial guidance based on experience. It is not intended to provide legal advice. Applicants should consult with your solicitor to ensure that your contracts meet your local requirements. Suggested topics to cover in your contract with a service provider include: Non-E-rate Funding-Out Clauses If you cannot afford to pay 100% of your contract without E-rate discounts, or if you do not want the service or equipment unless you receive E-rate discounts, then you should be certain to include an “out clause” in your contract. Such a clause would include language stating that you intend to apply for E-rate discounts to help pay for the contract, and if you do not receive the full amount of requested E-rate funding, the applicant has the option to cancel the contract without incurring any termination liability. Keep in mind this means you cannot start your service before you receive your Funding Commitment Decisions Letter. Alternatively, the applicant may wish to include language to qualify the “out clause” to have the choice of providing a written notice to proceed, prior to receiving funding approval, subject to the applicant agreeing to pay the full price for services until the funding approval is received. Regulatory Change Clause Include language that allows the applicant to cancel the contract in the event that there is a change to E-rate program rules that fully or substantially rescinds the eligibility of the contract services or equipment for E-rate funding. The parties may negotiate what is meant by “substantially rescinds” by including a monetary threshold or some other objective standard.
Red Light Rule Obtain vendor’s commitment to comply with the FCC Red Light Rule and to confirm they are in good standing with the FCC (not on red light) when the contract is signed. Vendor Under-Investigation Clause If a vendor learns that their company is the subject of an investigation by federal, state, local or any regulatory authority that could have an impact on the applicant’s ability to continue to receive the benefit of E-rate funding, the vendor must notify the applicant within 30 days of learning of such investigation. Applicant reserves the right to cancel the contract without penalty if the investigation impedes the applicant’s ability in any way to receive the benefit of E-rate funding. Contract Extensions Specify options for contract extensions that are of a specific and finite period. Open ended automatic renewals do not meet E-rate requirements for voluntary extensions. Unless the options for extension are set forth in the parties’ contract, no extension may be entered into after the expiration of the contract term. A new Form 470 is required to be posted. For example, a contract that has a 36-month initial term with a one-year extension option is OK while a 36-month contract that automatically renews unless one of the parties cancels the contract is not OK and a new Form 470 would have to be posted.
Prices During Contract Extension Specify that pricing for any extension period will be the same as the initial term of the contract, or that price increases are strictly limited to inflation increases measured, for example, by growth of CPI. Do not allow for open ended pricing language such as “current market rates” for any extension period. Avoid Automatic Contract Renewals Some vendors have standard terms and conditions that prescribe for automatic contract renewals. In order to stop receiving the service, the customer is required to take affirmative steps to notify the vendor prior to the end of the current term that the customer wishes to stop receiving service. Contracts with these clauses can go on indefinitely. The E-rate program does not consider these kinds of renewals to be eligible for funding. Applicants should seek to omit such language from their E-rate contracts and should insist on spelling out exactly how many years of contract extensions may be exercised. Specificity of Contract Language Be sure to include specific language in your contract regarding the quality of work performed, and the schedule of installation or service. Also, be sure to include what the penalties will be for noncompliance with the installation guarantee date or service levels or quality. Specify Discounts or Reimbursements Applicants are permitted the final choice whether to receive discounts on bills or whether to pay their bills in full and submit the Form 472 BEAR to the SLD for reimbursement. Wherever possible, this choice should be established in your contract and 470/RFP to avoid all confusion and to provide the service provider with as much notice as possible. Also, some service providers continue to refuse to provide discounted bills. If this is a non-starter for an applicant, their 470 and/or RFP should make it clear that they will not consider bids from vendors that are not able to discount bills. Payment Schedule If you have terms and conditions under which you will make scheduled payments, such arrangements should be included in your contract (for example, if your vendor wishes to be paid on a quarterly basis or if your vendor would like to receive upfront payments for work such as installation of a new network). Do Not Sign Contract Prior to 28 Days After Form 470 Posting Pay careful attention to not sign a contract or select a service provider before the end of the 28 day 470 waiting period. The contract must be signed and the 471 application must be submitted on or after the Allowable Contract Date which is basically the 29th day after the corresponding 470 is posted on the SLD’s Web site. Contract Expiration Dates
Recurring Services: Every attempt should be made to make sure that contracts do not expire before the end of the upcoming funding year (June 30, 2019). Funding is only provided for services received prior to the Contract Expiration Date. In addition, many schools and libraries have taken advantage of the multi-year contract option which allows them exemption from the 470 posting for the remaining years of the contract. Even with multi-year contracts, be certain they end on June 30.
Non-Recurring Services: Have your contract begin on April 1 and end September 30 instead of June 30. While the funding year ends June 30, FCC rules permit schools and libraries to complete
the installation of nonrecurring services by September 30. Indicating the September 30 expiration date will alleviate you from having to file a Form 500 to change your date.
Future-Proof Contract Services Specify in your contract the option to increase quantities of service during the contract period. Along with this option, include the prices for the expanded service options. These expanded options should have also been included on your establishing Form 470. Should the applicant wish to increase their quantity of service sometime during the contract term, they may amend the agreement without having to rebid the contract. Such an amendment will be considered a permissible “minor contract modification.” If the contract is silent on increased quantities and the associated prices, this option is not available and the increased quantity of service would have to be rebid on a new Form 470. For example, the initial contract provides for service at 1 Gbps, and also specifies that the customer has the option to amend the agreement to purchase additional bandwidth up to 10 Gbps and the price for the additional bandwidth is set forth for 2 Gbps, 5 Gbps and 10 Gbps. The customer may opt to purchase the increased bandwidth as a minor contract modification. If, however, the contract was open ended and stated that the customer may choose to purchase additional service and the price will be negotiated, this language would not meet the “minor contract modification” test and the additional service would need to be rebid on a new Form 470.
Service Provider Information Numbers (SPINs)
The SPIN is a unique number assigned to each service provider by USAC and serves as USAC's tool to ensure that approved funding is directed to the correct service provider. Form 471 applicants MUST have the SPIN of each service provider listed in the Form 471 in order to successfully complete the Form 471.
How to Find Your Service Provider’s SPIN Go to “Tools” from the SLD website: www.usac.org/sl
There are two ways to search for a SPIN number and SPIN contact information:
A
B
A) Service Provider Download Tool (also found directly at
https://data.usac.org/publicreports/SpinDownload/Spin/Download) This database provides the following information for a service provider:
• SPIN Number • Service Provider Name • Doing Business as Name (if different from Service Provider Name) • SPIN Status • Contact Name • Contact Email • Contact Phone • Whether the service provider has filed a current SPAC Form 473 (Annual Service
Provider Certification Form) with the SLD
Enter your search criteria then select “Search”. If you wish to view and download all service provider data do not enter any search criteria.
Click on the hyperlink for the SPIN to view all details associated with a service provider. You can download all data in a CSV (commas separated value) file by clicking the “Export” button.
B) Search for SPIN Information (also found directly at http://www.sl.universalservice.org/Forms/SPIN_Contact_Search.asp).
This database provides the following information for a service provider:
• SPIN Number • Service Provider Name • Doing Business As Name (if different from Service Provider Name)
• Contact Name • Contact Address • Contact Phone • Whether the service provider is an Eligible Telecommunications Provider (“Y” in Form
499 Filer Column) • Whether the service provider has filed a current SPAC Form 473 (Annual Service
Provider Certification Form) with the SLD. This search tool is not as robust and doesn’t contain the e-mail address of the contact, nor the additional information for the company via hyperlink. The search results also cannot be downloaded into a .csv file.
Companies with Multiple SPINs: Some companies may have more than one SPIN because of various divisions within a company. In these cases, the applicant may need to contact the service provider directly to identify the appropriate SPIN to use for the applicant’s funding request on Form 471. What is a Form 473 SPAC? The Form 473 SPAC is the Annual Service Provider Certification Form that must be submitted by every SPIN for every funding year. If no SPAC (Form 473) is filed for a certain funding year, no funds can be disbursed to that vendor and no BEAR payments will be disbursed to applicants related to that vendor.
Crea
ting
Cont
ract
Re
cord
s in
EPC
2
You
are
here
in th
e E-
rate
proc
ess:
Plan
Sept
-O
ct
Upda
te
Entit
y Pr
ofile
sO
ct -
Dec
Bid
(470
)Au
g -J
an
Bid
Eval
uatio
nSe
pt -
Feb
Sign
Co
ntra
ctJa
n -
Feb
Appl
y to
US
AC (4
71)
Jan
-Mar
Appl
icat
ion
Revi
ew
(PIA
)Ap
r -Au
g
Fund
ing
Com
mitm
ent
(FCD
L)Ap
r -Au
g
Turn
-On
Fund
ing
(486
)Ap
r ---
Purc
hase
Se
rvic
es o
r Eq
uipm
ent
Pay
Vend
or
Requ
est R
eim
burs
emen
t fro
m U
SAC
(472
/BEA
R)
if di
scou
nts n
ot o
n ve
ndor
in
voice
Crea
te
Cont
ract
Re
cord
Purp
ose
of C
ontr
acts
Mod
ule
•Du
ring
the
crea
tion
of a
For
m 4
71, e
ach
FRN
requ
ires y
ou to
indi
cate
how
you
w
ill b
e pu
rcha
sing
the
requ
este
d se
rvice
s –ei
ther
via
a co
ntra
ct, t
ariff
or
Mon
th-to
-Mon
th (M
TM):
•In
stea
d of
ent
erin
g th
e bi
ddin
g/co
ntra
ct in
form
atio
n as
par
t of t
he F
orm
471
ap
plica
tion,
this
info
rmat
ion
is en
tere
d in
EPC
as a
Con
trac
t Rec
ord
(CR)
–A
singl
e Co
ntra
ct R
ecor
d is
crea
ted
each
tim
e a
new
cont
ract
is si
gned
–
That
Con
trac
t Rec
ord
is th
en re
fere
nced
to th
e ap
plica
ble
FRN
•Cr
eate
Con
trac
t Rec
ords
in th
e Co
ntra
cts M
odul
e be
fore
star
ting
the
Form
471
•No
info
rmat
ion
shou
ld b
e en
tere
d in
the
Cont
ract
s Mod
ule
for M
TM F
RNs
3
Whe
n to
/Not
to C
reat
e a
New
Co
ntra
ct R
ecor
dW
hen
TOCr
eate
a N
ew C
ontr
act R
ecor
d•
New
ly si
gned
cont
ract
s–
Crea
te a
new
Con
trac
t Rec
ord
each
tim
e yo
u sig
n a
new
cont
ract
–Do
not
crea
te a
CR
for e
ach
year
of t
he co
ntra
ct•
Erro
rs o
n pr
evio
usly
-sub
mitt
ed C
ontr
act R
ecor
ds–
If yo
u no
tice
that
any
dat
a in
you
r Con
trac
t Rec
ord
from
last
yea
r is i
nacc
urat
e (s
uch
as th
e 47
0 #,
SPI
N #,
vol
unta
ry e
xten
sions
, etc
), cr
eate
a n
ew C
R an
d re
fere
nce
the
accu
rate
Con
trac
t Rec
ord
on y
our F
RN (i
gnor
ing
the
old
one)
–Th
ere
is no
way
to e
dit a
n ex
istin
g Co
ntra
ct R
ecor
d af
ter i
t’s b
een
subm
itted
•Lik
ewise
, the
re’s
no w
ay to
del
ete
a su
bmitt
ed C
R (it
will
just
die
on
the
vine
)
Whe
n NO
Tto
Cre
ate
a Ne
w C
ontr
act R
ecor
d–
If yo
u cr
eate
d a
Cont
ract
Rec
ord
in a
pre
viou
s yea
r for
a m
ulti-
year
cont
ract
, do
not
crea
te a
new
one
. Ju
st re
fere
nce
the
orig
inal
Con
trac
t Rec
ord
whe
n cr
eatin
g yo
ur 4
71–
If yo
ur p
revi
ous C
ontr
act R
ecor
d co
ntai
ned
volu
ntar
y ex
tens
ions
, and
you
wish
to
exe
rcise
one
of t
hose
ext
ensio
ns fo
r FY
2020
, do
not c
reat
e a
new
CR
•Si
mpl
y ch
ange
the
Cont
ract
Exp
iratio
n Da
te in
the
FRN
whe
n yo
u cr
eate
you
r For
m 4
71
4
Cont
ract
Rec
ords
–Ad
ditio
nal D
etai
ls
•Up
load
ing
Actu
al C
ontr
acts
in C
R–
Alth
ough
the
syst
em a
sks i
f you
wan
t to
uplo
ad a
copy
of y
our s
igne
d co
ntra
ct in
to E
PC,
you
aren
’t re
quire
d to
do
so–
How
ever
, I h
ighl
y re
com
men
d th
at yo
u up
load
copi
es o
f all
signe
d Ca
tego
ry 2
cont
ract
sas
PIA
rout
inel
y as
ked
for t
hem
last
year
if th
ey w
eren
’t pa
rt o
f you
r CR.
•Co
ntra
ct E
xpira
tion
Date
s–
The
Cont
ract
Mod
ule
does
n't a
sk fo
r the
Con
trac
t Exp
iratio
n Da
te (C
ED) -
-thi
s dat
a el
emen
t mus
t be
ente
red
in e
ach
fund
ing
requ
est w
ithin
the
Form
471
itse
lf–
Why
? B
ecau
se d
ue to
vol
unta
ry e
xten
sions
in so
me
cont
ract
s, it’
s pos
sible
that
the
CED
can
chan
ge fr
om y
ear t
o ye
ar
•Be
Pre
pare
d–
It’s a
goo
d id
ea to
hav
e th
e in
form
atio
n in
-han
d. U
se th
e CR
Dat
a sp
read
shee
t to
com
pile
th
e re
quire
d da
ta p
rior t
o st
artin
g th
e Co
ntra
ct M
odul
e
5
Whe
re Is
the
Cont
ract
Mod
ule?
From
the
EPC
Land
ing
Page
, cli
ck o
n th
e na
me
of y
our
entit
y fro
m e
ither
loca
tion:
-Ne
xt to
“Wel
com
e”-
Top
of M
y En
titie
s list
6
Whe
re Is
the
Cont
ract
Mod
ule?
•Th
en cl
ick o
n Co
ntra
cts o
n th
e to
p to
olba
r
7
Navi
gatio
n to
“Man
age
Cont
ract
s”Cl
ick o
n th
e “M
anag
e Co
ntra
cts”
but
ton
Click
on
the
“Add
a N
ew C
ontr
act”
but
ton
8
Cont
ract
Info
rmat
ion
A de
scrip
tive
nick
nam
e of
cont
ract
will
hel
p yo
u id
entif
y it
late
r. H
int:
Use
a re
ally
goo
dni
ckna
me!
Fo
r exa
mpl
e: “
Year
cont
ract
sign
ed –
Vend
or N
ame
-ser
vice
/equ
ipm
ent t
ype”
“202
0 –
ABC
Vend
or –
Switc
hes”
Ente
r con
trac
t num
ber,
N/A
or le
ave
blan
k. T
his i
s op
tiona
l
9
optio
nal
Cont
ract
Upl
oads
A nu
mbe
r is a
ssig
ned
by th
e sy
stem
.
Sele
ct Ye
s or N
o de
pend
ing
on w
heth
er y
ou a
re g
oing
to u
ploa
d a
copy
of y
our c
ontra
ct.
If Ye
s is s
elec
ted,
syst
em w
ill p
rom
pt y
ou to
up
load
the
elec
tron
ic fil
e fro
m y
our c
ompu
ter.
EPC
allo
ws y
ou to
, but
doe
s not
requ
ire y
ou, t
o up
load
a co
py o
f you
r con
trac
t.
10
Note
: Up
load
C2
cont
ract
s bec
ause
PIA
w
ill a
sk y
ou fo
r the
m
anyw
ay.
Cont
ract
Upl
oads
A de
scrip
tion
may
be
adde
d fo
r eac
h up
load
ed co
ntra
ct
docu
men
t.
Mul
tiple
doc
umen
ts re
late
d to
the
sam
e co
ntra
ct
may
be
uplo
aded
.
11
Cont
ract
Info
rmat
ion
Mos
tly li
kely
ans
wer
is N
o.
Mos
tly li
kely
ans
wer
is N
o.
12
Cont
ract
Info
rmat
ion
Mos
tly li
kely
ans
wer
is N
o.
13
Mos
tly li
kely
ans
wer
is N
o.
Esta
blish
ing
Form
470
/# B
ids
Click
on
the
“Yes
” but
ton
to
indi
cate
you
pos
ted
a Fo
rm 4
70.
Ente
r the
num
ber o
f bid
s re
ceiv
ed.
It’s i
mpo
rtan
t tha
t you
ge
t thi
s rig
ht in
case
you
are
eve
r as
ked
durin
g PI
A or
in a
n au
dit t
o su
pply
the
win
ning
and
losin
g bi
ds.
14
Esta
blish
ing
Form
470
–Tr
icky!
If th
e Fo
rm 4
70 w
as p
oste
d as
of F
Y 20
16 o
r la
ter,
(sin
ce E
PC w
as cr
eate
d), s
elec
t “NO
” and
th
en se
arch
from
470
s in
EPC.
If th
e Fo
rm 4
70 w
as p
oste
d pr
ior t
oFY
201
6,
sele
ct “
Yes”
and
the
syst
em w
ill p
rom
pt y
ou to
m
anua
lly e
nter
the
Form
470
#.
15
Be ca
refu
l to
choo
se th
e co
rrec
t ans
wer
!
Sear
chin
g EP
C fo
r the
Est
ablis
hing
For
m 4
70
Loca
te a
ll of
your
FY
2016
-FY
202
0 Fo
rm 4
70s b
y cli
ckin
g “S
earc
h”
Then
sele
ct th
e ch
eck
box
for t
he a
pplic
able
470
.
16
Form
470
s Pos
ted
Prio
r to
FY 2
016
Note
: If y
ou se
lect
“Yes
, tha
t the
470
was
pos
ted
prio
r to
FY
2016
, you
will
man
ually
ent
er th
e 47
0 #
(or
copy
and
pas
te it
from
you
r pre
viou
s 471
or F
CDL.
) Ente
r the
For
m 4
70 N
umbe
r. Ch
eck
this
num
ber c
aref
ully
for a
ccur
acy.
17
Serv
ice P
rovi
der I
nfor
mat
ion
Ente
r acc
ount
num
ber i
f you
hav
e on
e.
Opt
iona
l fie
ld th
at m
ay b
e le
ft bl
ank.
Ente
r the
SPI
N or
Nam
e of
the
Serv
ice P
rovi
der a
nd
then
Sea
rch.
18
optio
nal
Serv
ice P
rovi
der I
nfor
mat
ion
Resu
lts m
atch
ing
the
crite
ria y
ou u
sed
will
app
ear i
n a
list.
Se
lect
corr
ect S
PIN
or cl
ear f
ilter
and
sear
ch a
gain
.
19
Cont
ract
Dat
es
Need
to ch
oose
“Ye
s” o
r “N
o” fo
r Mul
ti-Ye
ar C
ontr
act
20
Ente
r Con
trac
t Aw
ard
Date
Wor
ds o
f Cau
tion:
Your
Con
trac
t Aw
ard
Date
m
ust b
e on
or a
ftert
he A
llow
able
Con
trac
t Da
te (w
hich
is th
e 29
thda
y af
ter y
ou p
oste
d yo
ur 4
70) a
nd b
efor
eth
e fil
ing
and
cert
ifica
tion
date
of t
he F
orm
471
.
Cont
ract
s w/L
imite
d Ex
tens
ions
Sele
ct “N
o” if
cont
ract
has
no
exte
nsio
ns.
Sele
ct “
Yes”
if co
ntra
ct h
as li
mite
d #
of e
xten
sions
ava
ilabl
e.
# of
ext
ensio
ns re
mai
ning
on
the
cont
ract
(s
tate
d in
# o
f yea
rs)
21
Prov
ide
last
pos
sible
cont
ract
ex
pira
tion
date
if a
llex
tens
ions
ar
e us
ed
# of
mon
thsr
emai
ning
on
the
cont
ract
if a
ll ex
tens
ions
wer
e to
be
used
(inc
lude
mon
ths i
n up
com
ing
fund
ing
year
)
Prici
ng C
onfid
entia
lity
Alw
ays s
elec
t “No
” to
indi
cate
ther
e is
no le
gal r
estr
ictio
n to
pre
vent
the
publ
icatio
n of
th
e pr
icing
info
rmat
ion
for t
he co
ntra
ct.
Wor
d of
Cau
tion:
The
re m
ust b
e an
act
ual s
tatu
te in
pla
ce in
ord
er to
ans
wer
“Ye
s.” It
is
not p
erm
issib
le fo
r the
ven
dor t
o sim
ply
stat
e th
at th
eir p
ricin
g is
conf
iden
tial.
22
Conf
irmat
ion
Page
A su
mm
ary
page
with
the
cont
ract
info
rmat
ion
will
be
disp
laye
d.
If th
e in
form
atio
n ne
eds
to b
e re
vise
d, se
lect
“Sav
e an
d Cl
ose”
and
you
can
then
retr
ieve
the
draf
t in
form
atio
n an
d ed
it it.
If th
e in
form
atio
n is
corr
ect,
and
you
wan
t to
final
ize th
e su
bmiss
ion,
se
lect
“Com
plet
e.”
Wor
d of
Cau
tion:
Onc
e su
bmitt
ed, t
he
info
rmat
ion
cann
ot b
e de
lete
d or
revi
sed.
23
List o
f Sub
mitt
ed C
ontr
act R
ecor
ds
Subm
itted
cont
ract
s app
ear i
n th
e Co
ntra
cts R
ecor
ds Li
st a
nd w
ill b
e av
aila
ble
for s
elec
tion
whe
n fil
ing
a Fo
rm 4
71
24
Editi
ng o
r Del
etin
g a
Draf
tCon
trac
tFr
om y
our L
andi
ng P
age,
sele
ct E
ntity
Nam
e, th
en “C
ontr
act”
and
then
“Man
age
Cont
ract
s.”Th
e lis
t of d
raft
cont
ract
s will
app
ear.
Che
ck th
e bo
x fo
r the
dra
ft an
d se
lect
“Edi
t” o
r “De
lete
.” No
te:
Subm
itted
cont
ract
s can
not b
e ed
ited
or d
elet
ed.
25
USAC Contract Guidance In general, a contract is a binding agreement, enforceable by law, between two or more parties that creates an obligation to do, or not do, something. Contract definitions and requirements are contained in each state's or territory’s contract law. Except for services to be delivered under non-contracted, tariffed or month-to-month arrangements, applicants must sign a contract or other legally binding agreement with the service provider before submitting a completed Form 471 (Description of Services Ordered and Certification Form). Applicants must be able to demonstrate that they had a signed and dated contract or other legally binding agreement in place at the time they submitted a completed Form 471. Applicants also must comply with state and/or local contract law. Obtaining the service provider signature and date is not a program requirement, but state and/or local contract law may include this or other compliance requirements. A verbal agreement is not considered a legally binding agreement. Contract Signatures and Examples Examples of acceptable standards for applicant signature and date in a contract are:
• Applicant’s handwritten signature and date of signing • Date contract awarded in the body of the contract • Date contract awarded in the opening statements of the contract
When state and/or local contract law does not require the applicant to sign and date the contract, the applicant will be given the opportunity to complete a certification statement that affirms that the applicant is compliant with its state and/or local contract law. Verbal agreements and quotes do not meet FCC requirements. Purchase orders may constitute enforceable contracts under state and/or local contract law. We recommend that if applicants intend to use a purchase order as their contract, they check their state and/or local contract laws to ensure that purchase orders meet state and/or local contract requirements and is considered to be a legally binding agreement. Types of Contracts Multi-year Contracts or Contracts with Voluntary Extensions A multi-year contract is a contract that covers more than one year. For example, a three-year contract is a multi-year contract that would expire at the end of the third year. A contract including voluntary extensions is a contract that expires at the end of its original term, but that may be voluntarily extended for one or more years pursuant to the provisions in the contract. The decision to extend a contract with voluntary extensions must occur before the FCC Form 471 is filed for the funding year when the contract would otherwise expire.
In the event the contract does not indicate voluntary extensions, the contact cannot be extended beyond its original expiration date without posting a new Form 470. Non-Recurring Service Voluntary Extensions FCC rules grant a limited extension of the competitive bidding rules for contracts for non-recurring services. Contracts for non-recurring services may be voluntarily extended to coincide with the appropriate deadline for the implementation of delivery and installation for non-recurring services, as long as the terms and conditions of the contract and applicable state or local contract rules allow for the extension. Parties may not, however, extend other contractual provisions beyond the dates established by the Commission's rules without complying with the competitive bidding process.
If an applicant is granted an extension of time for delivery and installation of non-recurring services, the applicant may extend the relevant contract without rebidding. Applicants must file an FCC Form 500 to notify USAC of the revised contract expiration date. Multi-Year Contracts for Newly-Eligible Services If the original Form 470 or RFP did not include the newly-eligible services, the applicant will be required to post a new Form 470 for those services. EPC Contract Module After a contract is signed, a “contract record” must be created in the EPC Contract Module. The contract itself is not required to be uploaded, but all of the details related to that contract must be provided in the record. These details include:
• Form 470 number used to procure the service • Contract signing date • Contract expiration date • Whether voluntary extensions are included, and if so, how many
When the Form 471 is created, the system will ask whether the service is a MTM service or a contract service. If it’s a contracted service, the system will ask which contract in the Contract Module corresponds to that particular Funding Request. The most beneficial aspect to the Contract Module is that applicants do not have to enter and re-enter contract data for each FRN and for each funding year.