1. Step 1: Competitive bidding
FCC Form 470 and Requests For Proposals
Step 1: Competitive bidding

2. PLAN
FCC 470
EVALS
CONTRACT
ADMIN WINDOW
FCC 471
PIA
FCC 486
INVOICE

3. RULES AND REGS §54.503 Competitive Bidding Requirements.
Must post a Form 470.
Form 470 and RFP must be posted concurrently for at least 28 days.
ALL bids must be considered.
Price must be the most heavily weighted option.
Process must be open and fair
All bidders must have the same access to the same information for the same amount of time.
Just a few….
All bids must be considered IF they meet criteria of an acceptable bid response.

4. RULES AND REGS §54.503 Competitive Bidding Requirements.
Follow all local, state, and FCC competitive bidding requirements.
Just a few….
Whichever is the most stringent.
Example: If local or state rules do not require a new contract to add new technology, you still need to post FCC Form 470 and follow all subsequent FCC rules.
Ex. FCC have a 28 day wait period. If local laws have a 30 day wait period, you must follow the 30 day requirement.

5. RULES AND REGS Avoid conflicts of interest. Comply with gift rules.
No provider involvement.
You can’t have the vendor fill out the forms, make the certifications, and submit the final application.
Ex. Gift rules: Florida = $25. FCC = $20
(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.
Florida State Law= $25 or less

6. RULES AND REGS
“The goal of the competitive bidding process is to have as many bidders as possible respond to an FCC Form 470, RFP, or other solicitation method so that the applicant can receive better service and lower prices.”
Notice that the FCC want “lower prices” AND “better service. The lowest price does not necessarily mean better service.

7. NOT THE SAME AS PRICE REFRESH
WHEN TO POST A 470?
Establishing a new contract.
Altering the contract beyond initial scope.
Increasing services and/or bandwidth.
Adding entities.
Negotiating new pricing.
Extending contract- When State law allows
NOT THE SAME AS PRICE REFRESH
A price refresh needs to be within the scope of your contract. If present, research and analysis can be conducted to arrive at new prices without a new 470
Under state statute 287, extensions are allowable. You still need to provision this in the contract so that the vendor knows. Just being in Florida does not allow for extensions
Kalamazoo order: an applicant can use their current contract as a bid on the 470
Is your current contract E-rate eligible, even if it wasn’t procured using an FCC Form 470?

8. ADMIN WINDOW Close of Admin Window Opening of 471 Window
During the admin window, you are able to make changes to your entities and nslp data. This closes the day before the 471 filing window
From the day the filing window opens, count 28 days back, then add a week for planning: this is when you start your process.
Opening of 471 Window

9. 470 PLANNING
Opening of 471 Window

10. BEFORE YOU POST… Consider the following:
What services will you be seeking?
Will you sign a contract?
Have you considered tariff or month-to-month agreements?
Which 470 drop down options will you choose?
Have you built a bid matrix?
Do you have a clearly defined bid evaluation process?
Will a 470 be enough to protect your organization? The 470 is just a narrative box with no editing options

11. BEFORE YOU POST… Consider the following:
Single Tier or multi tier evaluation?
What rules govern how to handle multi tier evaluation processes?
Have you considered creating an RFP?
Can you use just the 470 and still protect your organization?
Are you staying tech neutral?

12. BEFORE YOU POST… What minimum steps should you take? Assess needs.
Identify solicitation team, procurement officer.
Define timeline of events, scope, statement of work.
Document response criteria and processes.
Document anticipated timeline and deadlines.
Post FCC Form 470 and any RFP documents.
FCC Form 470 and all RFP documents must be available concurrently for at least 28 days.
Mandatory
Document response criteria and processes: If you have a org process, you have to follow it and notify others.

13. BEFORE YOU POST… Know your options! Have you considered?
Bulk Purchasing
Master Contracts
Piggy Backing
Competitive Bidding Exemptions
SUNCOM State Master Contracts
Low cost/high speed Internet
$3,600 or less annually and at least 100 Mbps downstream and 10 Mbps upstream.
WSCA – example of bulk purchase option
Master Contracts: we post the 470
Piggy backing is provisioned in another entities contract

14. REQUEST FOR PROPOSALS What’s in a name?
Generically, an RFP may refer to any bidding document that describes the project and requested services in more detail than that provided in the entry fields on the FCC Form 470.
RFP, ITN, RFI, RFQ, ITB..

15. REQUEST FOR PROPOSALS Why? When? How?
Contains more information for potential bidders regarding the scope, bidding process, location, or other relevant details.
Provides protection.
Fiber projects (Leased Dark Fiber and/or Self Provisioned)
If state or local law requires.
Do bidders know where to find Q&A answers? Or when questions need to be submitted? Where you public facing website is located?
You can protect yourself, set qualifications and process
Check local or state rules for what dictates the need for an RFP. Some projects over a certain amount require RFP’s.
Not required to issue an RFP unless your state or local procurement rules or regulations require you to do so.
You MUST upload in EPC if you have one.
RFP is mandatory for Dark Fiber or self-provisioned fiber.
The new EPC FCC Form 470 requests min. and max. Your RFP can provide detail.
This can be a tech plan.
It doesn’t have to be fancy…

16. Statement of work and/or Scope of work
Scoring Criteria
Tech Plans
Process Description
Price Sheet
Evaluator’s Scoring Criteria
Total Disclosure
Statement of Work/Scope of Work are used interchangeably though a statement of work could provide a simple state of services sought while a scope of work is typically more detailed and includes measurements/deliverables expected.
Should Include:
In-depth description of scope
Technical detail about services requested
Requirements for responsive bidding
Evaluation qualifications
Final steps to close the procurement
Contract terms and conditions, including for amendment, extension, or renewal
Deliverables and Financial Consequences
May Include:
List of specific anticipated recipients of service
Invoicing preference (e.g. discount or reimbursement)
Billing requirements (e.g. separate elg./inelig. costs)
Make sure scope is clear, especially with drop down confusion. Use total disclosure, make sure it’s open and fair.
YOU CONTROL THE PROCESS.
What we want.
How we want it.
Future plans.
SLA’s
Auto disqualifiers

17. How to Correct Potential Pitfall Laundry List requests
No “out” clauses
Timing
Restrictive descriptions
Room for Growth
No clause covering
How to Correct
Detailed description of services and need, e.g. RFP
Conditions for termination
Procurement timeline, service dates, and potential renewals
Option to add speeds, update technology, price refresh, increase 470 min and max
would require new 470
What happens when your contract ends? Is everything just dead?
Timing: what happens if your vendor is late?
Min/Max: If limited to a max of 2gb, procuring 3gb will require a new 470
Allow for MTM after contract has ended *Requires a Form 470
migration

18. TIPS TO INCREASE FUNDING SUCCESS:
Leverage the procurement process to drive down costs and make providers compete to serve you.
Remember YOU control the process!
Post anticipated needs in descriptions.
Build in options to reduce prices, update technology, extend the contract term, etc.
Allow for changes to services due to growth, technology updates, and changes in prices, speeds, adding locations, etc.
Document potential “pain points”.
Plan ahead
Timing of 470/ RFP – make sure all info is available for 28 days
Room for growth – allow for speed increases, price reductions, technology “refresh”
Identify need during the anticipated life of contract and anticipated changes (new schools, merges, changes)
Allow for growth, as needed
Don’t get trapped by specificity or cardinal change
Document potential “pain points”.
“Negatives” like “no conflicts of interest”
Timeline
Roles
Allowable changes

19. EPC 470 example

20. NEW DROP DOWNS…

21. If going out to bid for Internet Access:
NEW DROP DOWNS…
If going out to bid for Internet Access:
I would suggest…
Internet Access: ISP ONLY
Internet Access/Transport Bundled
Leased Lit Fiber
WHY?

22. If going out to bid for Transport ONLY:
NEW DROP DOWNS…
If going out to bid for Transport ONLY:
I would suggest…
Transport Only (No ISP)
Internet Access/Transport Bundled
Leased Lit Fiber

23. If going out to bid for Bundled Internet:
NEW DROP DOWNS…
If going out to bid for Bundled Internet:
I would suggest…
Internet Access/Transport Bundled
Leased Lit Fiber