Goto Section: 54.502 | 54.504 | Table of Contents
FCC 54.503
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 54.503 Competitive bidding requirements.
(a) All entities participating in the schools and libraries universal
service support program must conduct a fair and open competitive
bidding process, consistent with all requirements set forth in this
subpart.
Note to paragraph ( a ): The following is an illustrative list of
activities or behaviors that would not result in a fair and open
competitive bidding process: the applicant for supported services has a
relationship with a service provider that would unfairly influence the
outcome of a competition or would furnish the service provider with
inside information; someone other than the applicant or an authorized
representative of the applicant prepares, signs, and submits the FCC
Form 470 and certification; a service provider representative is listed
as the FCC Form 470 contact person and allows that service provider to
participate in the competitive bidding process; the service provider
prepares the applicant's FCC Form 470 or participates in the bid
evaluation or vendor selection process in any way; the applicant turns
over to a service provider the responsibility for ensuring a fair and
open competitive bidding process; an applicant employee with a role in
the service provider selection process also has an ownership interest
in the service provider seeking to participate in the competitive
bidding process; and the applicant's FCC Form 470 does not describe the
supported services with sufficient specificity to enable interested
service providers to submit responsive bids.
(b) Competitive bid requirements. Except as provided in § 54.511(c), an
eligible school, library, or consortium that includes an eligible
school or library shall seek competitive bids, pursuant to the
requirements established in this subpart, for all services eligible for
support under § 54.502. These competitive bid requirements apply in
addition to state and local competitive bid requirements and are not
intended to preempt such state or local requirements.
(c) Posting of FCC Form 470. (1) An eligible school, library, or
consortium that includes an eligible school or library seeking to
receive discounts for eligible services under this subpart, shall
submit a completed FCC Form 470 to the Administrator to initiate the
competitive bidding process. The FCC Form 470 and any request for
proposal cited in the FCC Form 470 shall include, at a minimum, the
following information, to the extent applicable with respect to the
services requested:
(i) A list of specified services for which the school, library, or
consortia including such entities, anticipates they are likely to seek
discounts; and
(ii) Sufficient information to enable bidders to reasonably determine
the needs of the applicant.
(2) The FCC Form 470 shall be signed by the person authorized to order
eligible services for the eligible school, library, or consortium
including such entities and shall include that person's certification
under oath that:
(i) The schools meet the statutory definition of “elementary school” or
“secondary school” as defined in § 54.500(c) or (k) of these rules, do
not operate as for-profit businesses, and do not have endowments
exceeding $50 million.
(ii) The libraries or library consortia eligible for assistance from a
State library administrative agency under the Library Services and
Technology Act of 1996 do not operate as for-profit businesses and
whose budgets are completely separate from any school (including, but
not limited to, elementary and secondary schools, colleges, and
universities).
(iii) All of the individual schools, libraries, and library consortia
receiving services are or will be covered by:
(A) Technology plans for using the services requested in the
application; or
(B) No technology plan is required by Commission rules.
(iv) To the extent a technology plan is required by § 54.508, the
technology plan(s) has/have been/will be approved consistent with
§ 54.508.
(v) The services the school, library, or consortium purchases at
discounts will be used primarily for educational purposes and will not
be sold, resold, or transferred in consideration for money or any other
thing of value, except as allowed by § 54.513.
(vi) Support under this support mechanism is conditional upon the
school(s) and library(ies) securing access to all of the resources,
including computers, training, software, maintenance, internal
connections, and electrical connections necessary to use the services
purchased effectively.
(vii) All bids submitted for eligible products and services will be
carefully considered, with price being the primary factor, and the bid
selected will be for the most cost-effective service offering
consistent with § 54.511.
(3) The Administrator shall post each FCC Form 470 that it receives
from an eligible school, library, or consortium that includes an
eligible school or library on its website designated for this purpose.
(4) After posting on the Administrator's website an eligible school's,
library's, or consortium's FCC Form 470, the Administrator shall send
confirmation of the posting to the entity requesting service. That
entity shall then wait at least four weeks from the date on which its
description of services is posted on the Administrator's website before
making commitments with the selected providers of services. The
confirmation from the Administrator shall include the date after which
the requestor may sign a contract with its chosen provider(s).
(d) Gift restrictions. (1) Subject to paragraphs (d)(3) and (4) of this
section, an eligible school, library, or consortium that includes an
eligible school or library may not directly or indirectly solicit or
accept any gift, gratuity, favor, entertainment, loan, or any other
thing of value from a service provider participating in or seeking to
participate in the schools and libraries universal service program. No
such service provider shall offer or provide any such gift, gratuity,
favor, entertainment, loan, or other thing of value except as otherwise
provided herein. Modest refreshments not offered as part of a meal,
items with little intrinsic value intended solely for presentation, and
items worth $20 or less, including meals, may be offered or provided,
and accepted by any individuals or entities subject to this rule, if
the value of these items received by any individual does not exceed $50
from any one service provider per funding year. The $50 amount for any
service provider shall be calculated as the aggregate value of all
gifts provided during a funding year by the individuals specified in
paragraph (d)(2)(ii) of this section.
(2) For purposes of this paragraph:
(i) The terms “school, library, or consortium” include all individuals
who are on the governing boards of such entities (such as members of a
school committee), and all employees, officers, representatives,
agents, consultants or independent contractors of such entities
involved on behalf of such school, library, or consortium with the
Schools and Libraries Program of the Universal Service Fund (E-rate
Program), including individuals who prepare, approve, sign or submit
E-rate applications, technology plans, or other forms related to the
E-rate Program, or who prepare bids, communicate or work with E-rate
service providers, E-rate consultants, or with USAC, as well as any
staff of such entities responsible for monitoring compliance with the
E-rate Program; and
(ii) The term “service provider” includes all individuals who are on
the governing boards of such an entity (such as members of the board of
directors), and all employees, officers, representatives, agents, or
independent contractors of such entities.
(3) The restrictions set forth in this paragraph shall not be
applicable to the provision of any gift, gratuity, favor,
entertainment, loan, or any other thing of value, to the extent given
to a family member or a friend working for an eligible school, library,
or consortium that includes an eligible school or library, provided
that such transactions:
(i) Are motivated solely by a personal relationship,
(ii) Are not rooted in any service provider business activities or any
other business relationship with any such eligible school, library, or
consortium, and
(iii) Are provided using only the donor's personal funds that will not
be reimbursed through any employment or business relationship.
(4) Any service provider may make charitable donations to an eligible
school, library, or consortium that includes an eligible school or
library in the support of its programs as long as such contributions
are not directly or indirectly related to E-rate procurement activities
or decisions and are not given by service providers to circumvent
competitive bidding and other E-rate program rules, including those in
paragraph (c)(2)(vi) of this section, requiring schools and libraries
to pay their own non-discount share for the services they are
purchasing.
[ 75 FR 75412 , Dec. 3, 2010, as amended at 76 FR 56302 , Sept. 13, 2011]
return arrow Back to Top
Goto Section: 54.502 | 54.504
Goto Year: 2011 |
2013
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public