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  • Pam Jacobs - ERate Update,
    • My counterpart if PA compiled this explanation of the FCC Notice of Proposed Rulemaking regarding the E-Rate bidding portal.  I am sharing this with her permission. You may share with the districts in your area.

FCC Proposes to Mandate Nationwide Bidding Portal

I’m writing to make you aware that the FCC recently released a Notice of Proposed Rule Making (NPRM) that proposes to create an E-rate bidding portal where all vendor bids would be required to be submitted (in lieu of bids going to schools/libraries), along with other major changes.  If adopted, the FCC’s goal is to have the bid portal operational beginning July 1, 2023 for use with Funding Year 2024 E-rate procurements.  As of now, these are proposals being considered - not actual rule changes - but an NPRM is the first step in making such changes.  The FCC is seeking public comment, including whether these measures will impose a hardship on E-rate program participants and whether they conflict with any state and/or local bidding requirements.  

NPRM Proposed Changes:

  1. Mandated Bidding Portal:  Service providers will be required to submit bids to a central bidding portal managed by USAC and would be prohibited from submitting bids directly to schools/libraries or other parties.  Bids would be withheld from schools/libraries until the Form 470 Allowable Contract Date (29 days after the Form 470 is posted) and then released to the applicant for bid evaluation. 
  1. Mandated Public Communication Channel with Vendors:  Service providers will post their questions anonymously to applicants through the bidding portal, to which applicants must respond during the competitive bidding process. No communication between service providers and applicants related to the competitive bidding process will be permitted outside of the bidding portal during the bidding process.  All communication will be publicly posted for applicants and all interested bidders to see.
  1. Required Documentation Submission to USAC:  Applicants will be required to upload the following into the bidding portal before submitting the Form 471:
  • Completed bid evaluation worksheets or matrices;
  • Explanation for any disqualified bids;
  • List of people who evaluated the bids (along with their title/role/relationship to the applicant);
  • Memos, board minutes, or similar documents related to the service provider selection/award;
  • Copies of notices to winners;
  • Any correspondence with the service providers prior to and during the competitive bidding, evaluation, and award phase of the process; and
  • Contracts or other documentation that outlines service, cost, term.

The proposals are being recommended by the GAO and FCC’s Inspector's General Office (OIG) because they believe that without such centrally-submitted documents, they cannot verify compliance with E-rate bidding rules which is therefore a key fraud risk.

If you and the districts in your area wish to submit comments to the FCC regarding the proposed rulemaking regarding utilizing a single required bidding portal for E-Rate:

https://www.fcc.gov/ecfs/filings/express
The docket is  21-455.  


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