| SLD Warning on Form 470 Process
A serious warning was posted on the SLD Web site this week concerning violations
the SLD has been seeing in the application and competitive bidding patterns of
certain applicants and associated service providers. The SLD indicated that it
has started denying related applications.
The following patterns and practices were discussed in the SLD's warning:
(1) Applicants cannot file a Form 470 indicating there is no RFP (i.e., by
checking Item 8b, 9b, or 10b) when, in fact, there is a RFP available for the
services being requested.
Note: If, for a given category of service, there is a RFP for one type of
service and no RFP for other services, the applicant must file two Form 470s -
one checking the "YES" box and one checking the "NO" box (and listing the
non-RFP services sought).
(2) The Form 470 (or referenced RFP) must define the specific services or
functions being sought.
Note: The original warning (posted 12/3/02) appeared to require that the Form
470 list a very precise description of "specific services" needed. The revised
posting (on 12/4/02) added the words "or functions." Form 470 instructions give
several examples of descriptions of "Service or Function" that indicate the
broad nature of acceptable functional descriptors (e.g., "videoconferencing
services," "high speed direct access to the Internet," or "local area
network"). This should be combined with an appropriate indication of quantity
or capacity (e.g., 5 buildings, 100 classrooms, or 50 users).
(3) Service providers cannot assist an applicant in developing a technology plan
after a Form 470 has been posted.
Note: More precisely, the SLD expects an applicant to have a technology plan -
although not necessarily an "approved" plan - before posting a Form 470.
(4) Winning proposals cannot provide "free" ineligible services.
Note: A minor clarification is provided in the SLD reference section dealing
with bundled services that include ineligible components on a purely ancillary
basis (see http://www.sl.universalservice.org/reference/costallocationguide.asp#Two).
(5) RFP and winning proposals cannot be designed merely with the goal of
"maximizing" funding.
(6) RFPs and other solicitation methods must be tailored to the needs of each
applicant.
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