Goto Section: 54.642 | 54.644 | Table of Contents
FCC 54.643
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 54.643 Funding commitments.
(a) Once a vendor is selected, applicants must submit a “Funding Request”
(and supporting documentation) to provide information about the services,
equipment, or facilities selected and certify that the services selected
were the most cost-effective option of the offers received. The following
information should be submitted to the Administrator with the Funding
Request.
(1) Request for funding. The applicant shall submit a request for funding
(Form 462) to identify the service(s), equipment, or facilities; rates;
vendor(s); and date(s) of vendor selection.
(2) Certifications. The applicant must provide the following certifications
as part of the request for funding:
(i) The person signing the application is authorized to submit the
application on behalf of the applicant and has examined the form and all
attachments, and to the best of his or her knowledge, information, and
belief, all statements of fact contained therein are true.
(ii) Each vendor selected is, to the best of the applicant's knowledge,
information and belief, the most cost-effective vendor available, as defined
in § 54.642(c).
(iii) All Healthcare Connect Fund support will be used only for eligible
health care purposes.
(iv) The applicant is not requesting support for the same service from both
the Telecommunications Program and the Healthcare Connect Fund.
(v) The applicant satisfies all of the requirements under section 254 of the
Act and applicable Commission rules, and understands that any letter from
the Administrator that erroneously commits funds for the benefit of the
applicant may be subject to rescission.
(vi) The applicant has reviewed all applicable requirements for the program
and will comply with those requirements.
(vii) The applicant will maintain complete billing records for the service
for five years.
(3) Contracts or other documentation. All applicants must submit a contract
or other documentation that clearly identifies the vendor(s) selected and
the health care provider(s) who will receive the services, equipment, or
facilities; the service, bandwidth, and costs for which support is being
requested; and the term of the service agreement(s) if applicable (i.e., if
services are not being provided on a month-to-month basis). For services,
equipment, or facilities provided under contract, the applicant must submit
a copy of the contract signed and dated (after the Allowable Contract
Selection Date) by the individual health care provider or Consortium Leader.
If the service, equipment, or facilities are not being provided under
contract, the applicant must submit a bill, service offer, letter, or
similar document from the vendor that provides the required information.
(4) Competitive bidding documents. Applicants must submit documentation to
support their certifications that they have selected the most cost-effective
option, including a copy of each bid received (winning, losing, and
disqualified), the bid evaluation criteria, and the following documents (as
applicable): bid evaluation sheets; a list of people who evaluated bids
(along with their title/role/relationship to the applicant organization);
memos, board minutes, or similar documents related to the vendor
selection/award; copies of notices to winners; and any correspondence with
vendors during the bidding/evaluation/award phase of the process. Applicants
who claim a competitive bidding exemption must submit relevant documentation
to allow the Administrator to verify that the applicant is eligible for the
claimed exemption.
(5) Cost allocation for ineligible entities or components. Pursuant to
§ 54.639(d)(3) through (d)(4), where applicable, applicants must submit a
description of how costs will be allocated for ineligible entities or
components, as well as any agreements that memorialize such arrangements
with ineligible entities.
(6) Additional documentation for consortium applicants. A consortium
applicant must also submit the following:
(i) Any revisions to the network plan submitted with the Request for
Services pursuant to § 54.642(e)(5)(i), as necessary. If not previously
submitted, the consortium should provide a narrative description of how the
network will be managed, including all administrative aspects of the
network, including but not limited to invoicing, contractual matters, and
network operations. If the consortium is required to provide a
sustainability plan as set forth in § 54.643(a)(6)(iv), the revised budget
should include the budgetary factors discussed in the sustainability plan
requirements.
(ii) A list of participating health care providers and all of their relevant
information, including eligible (and ineligible, if applicable) cost
information for each participating health care provider.
(iii) Evidence of a viable source for the undiscounted portion of supported
costs.
(iv) Sustainability plans for applicants requesting support for long-term
capital expenses: Consortia that seek funding to construct and own their own
facilities or obtain indefeasible right of use or capital lease interests
are required to submit a sustainability plan with their funding requests
demonstrating how they intend to maintain and operate the facilities that
are supported over the relevant time period. Applicants may incorporate by
reference other portions of their applications (e.g., project management
plan, budget). The sustainability plan must, at a minimum, address the
following points:
(A) Projected sustainability period. Indicate the sustainability period,
which at a minimum is equal to the useful life of the funded facility. The
consortium's budget must show projected income and expenses (i.e., for
maintenance) for the project at the aggregate level, for the sustainability
period.
(B) Principal factors. Discuss each of the principal factors that were
considered by the participant to demonstrate sustainability. This discussion
must include all factors that show that the proposed network will be
sustainable for the entire sustainability period. Any factor that will have
a monetary impact on the network must be reflected in the applicant's
budget.
(C) Terms of membership in the network. Describe generally any agreements
made (or to be entered into) by network members (e.g., participation
agreements, memoranda of understanding, usage agreements, or other similar
agreements). The sustainability plan must also describe, as applicable:
(1) Financial and time commitments made by proposed members of the network;
(2) If the project includes excess bandwidth for growth of the network,
describe how such excess bandwidth will be financed; and
(3) If the network will include ineligible health care providers and other
network members, describe how fees for joining and using the network will be
assessed.
(D) Ownership structure. Explain who will own each material element of the
network (e.g., fiber constructed, network equipment, end user equipment).
For purposes of this subsection, “ownership” includes an indefeasible right
of use interest. Applicants must clearly identify the legal entity that will
own each material element. Applicants must also describe any arrangements
made to ensure continued use of such elements by the network members for the
duration of the sustainability period.
(E) Sources of future support. Describe other sources of future funding,
including fees to be paid by eligible health care providers and/or
non-eligible entities.
(F) Management. Describe the management structure of the network for the
duration of the sustainability period. The applicant's budget must describe
how management costs will be funded.
(v) Material change to sustainability plan. A consortium that is required to
file a sustainability plan must maintain its accuracy. If there is a
material change to a required sustainability plan that would impact
projected income or expenses by more than 20 percent or $100,000 from the
previous submission, or if the applicant submits a funding request based on
a new Form 462 (i.e., a new competitively bid contract), the consortium is
required to re-file its sustainability plan. In the event of a material
change, the applicant must provide the Administrator with the revised
sustainability plan no later than the end of the relevant quarter, clearly
showing (i.e., by redlining or highlighting) what has changed.
(b) [Reserved]
[ 78 FR 13990 , Mar. 1, 2013]
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Goto Section: 54.642 | 54.644
Goto Year: 2014 |
2016
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