6-2. SOW BEAD Consultant with Legal Expertise BEAD Subgrantee Contracts and State Broadband Office Administration.docx

Scope of Work for BEAD Consultant with Expertise in BEAD Subgrantee Contracts and State Broadband Office Administration This Scope of Work (SOW) outlines the requirements for retaining expert consultation with a preference for those who understand the legal implications and framework with regards to the telecommunication industry and will provide expertise to guide the Utah Broadband Center (UBC) on the administration, compliance, monitoring, and subgrantee contracting for the federal Broadband Equity, Access, and Deployment (BEAD) Program.

Preference is for a consultant that possess a deep background in Federal Grant Administration (2 CFR 200), and professional experience dealing with the legal aspects for the Telecommunications/Broadband Industry to effectively support the UBC in its role as the Eligible Entity and Pass-Through Entity to administer BEAD funds administered through the National Telecommunications and Information Administration (NTIA) to subgrantees serving Utah.

Annual budget not to exceed $1,000,000. Five years with possible 1 year extensions up to 10 years.

I. Preferred Expertise and Qualifications Proposing consultant must demonstrate knowledge of or experience with:

· Federal Grants Law: Expert knowledge of 2 CFR Part 200 (Uniform Guidance), including subparts addressing subrecipient monitoring, cost principles, audit requirements, and property standards.

· BEAD Program & NTIA Guidance: Direct experience or comprehensive knowledge of the BEAD NOFO and all subsequent NTIA Policy Notices, guidance, and General Terms and Conditions (GTCs).

· Telecommunications Industry: Deep legal background advising Internet Service Providers (ISPs) or public utility districts, and providing subject matter expertise regarding the BEAD grant program to state broadband offices on matters such as network deployment, interconnection, regulatory compliance, and universal service obligations.

· Infrastructure Contracting: Proven ability to draft, negotiate, and enforce complex telecom infrastructure, construction, and supply chain agreements.

II. Subgrantee Contract Drafting, Review, and Negotiation The consultant will develop and provide the legal framework for all BEAD subawards, ensuring both federal enforceability and industry clarity. All contracts will be finalized and approved by the office of the Utah Attorney General.

· Master Agreement Development:

· Draft the Master BEAD Subgrant Agreement Template(s) (e.g., for Fixed-Amount Subawards) that legally flow down all applicable federal and state requirements.

· Ensure contracts contain specific, legally defensible language regarding the minimum service levels (100/20 Mbps), latency, and the mandated four year project completion deadline and period of performance for terrestrial technology projects and the ten year period of performance for satellite technology projects.

· Mandatory Federal Clauses:

· Incorporate and interpret clauses for compliance with labor standards, NEPA/NHPA (EHP), Buy America/Build America preferences, and federal Cybersecurity/Supply Chain Risk Management requirements.

· Financial and Performance Enforcement:

· Draft robust, legally enforceable clawback provisions, penalty structures, and remedies for non-performance, misuse of funds, or failure to meet service commitments (e.g., failure to offer the required low-cost plan).

· Develop legal language detailing the requirements for Financial Assurance (e.g., Letters of Credit, performance bonds) required of subgrantees per NTIA guidance.

· Asset and Property Management:

· Draft contractual language detailing the Federal Interest Period (10 years post-closeout) for BEAD-funded assets, outlining the subgrantee's responsibilities for maintenance and disposal under 2 CFR 200.310-316.

· Other information as needed to protect the interests of the state and ensure the completion of the state’s BEAD program to the fullest extent.

III. State Broadband Office (SBO) Administrative Guidance The consultant must have experience providing subject matter expertise consulting state broadband offices regarding federal broadband grant programs and will provide similar consultation to the UBC staff to ensure overall program integrity, compliance, and defense of administrative decisions.

· BEAD-eligible Locations:

· Provide guidance as needed on UBC’s No-BEAD Determination Process, ensuring procedures are transparent, adhere to due process requirements, and result in legally sound determinations of eligible locations.

· Advise on issues arising from the use of the Broadband Serviceable Location (BSL) Fabric and other mapping data.

· Compliance Policy and Training:

· Review and approve the UBC's Subrecipient Monitoring Plan and Risk Assessment Framework (per 2 CFR 200.332) to ensure effective oversight.

· Develop and deliver guidance, training, or materials for subrecipients on critical legal compliance topics, such as allowable costs, property management, and federal reporting specific to BEAD.

· Regulatory Analysis and Audit Response:

· Analyze and interpret complex, evolving NTIA/Federal guidance and provide formal, actionable opinions on their impact on state policy and operations.

· Assist UBC in preparing for and responding to federal oversight, including NTIA inquiries, DOC OIG audits, and Single Audit findings.

· Provide expert guidance regarding the intersection of federal, Tribal, and state law, and Tribal boundaries, Tribal sovereignty and the relationship with the private sector.

· Assist in other consultation regarding the BEAD program, the fulfillment of the state’s BEAD Final Proposal, or other federal and state grant programs as needed

IV: Proposal Submission Requirements Proposals must include the following components:

1. Executive Summary: A concise overview of the firm's understanding of the UBC’s needs and the proposed solution.

2. Technical Approach: A detailed description of the methodologies that will be used to execute the SOW, emphasizing strategies within the BEAD program's accelerated deployment timelines.

3. Project Team and Organization: Identify key personnel, highlighting relevant experience and certifications. Provide an organizational chart showing roles and responsibilities.

4. Relevant Experience: Provide evidence of successful, recent and historic experience involving telecommunications or utility infrastructure projects.

5. Fee Proposal: Submit a comprehensive cost estimate, including hourly rates for all proposed personnel and a breakdown of costs for key deliverables outlined in the SOW.

6. References: Please provide 3-5 clients that can speak to your performance on comparable projects.