8-2.1 SOW.docx

Scope of Work for BEAD Compliance Consultant with Expertise for Administering BEAD Grants for Compliance with Applicable Regulations This Scope of Work (SOW) outlines the requirements for retaining a consultant with expertise in federal grant administration and familiarity with the regulatory frameworks applicable to the telecommunications industry. The consultant will provide administrative guidance to the Utah Broadband Center (UBC) on tasks related to program compliance, monitoring, and subgrantee contract administration for the federal Broadband Equity, Access, and Deployment (BEAD) Program.

Preference is for a consultant that possesses a strong background in Federal Grant Administration (2 CFR 200), and professional experience supporting compliance processes for state agencies operating within the Telecommunications/Broadband Industry. The consultant will assist the UBC in its role as the Eligible Entity by facilitating administrative procedures necessary to manage BEAD funds allocated through the National Telecommunications and Information Administration (NTIA) to subgrantees serving Utah.

Annual budget not to exceed $1,000,000. Contract period is five years with Five (5) possible 1 year extensions up to a maximum contract length of 10 years.

I. Expertise and Qualifications Telecommunications Regulatory Subject Matter Expertise The consultant must possess strong expertise in telecommunications regulation to assist with:

· Federal Grants Administration Compliance: 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: Expertise in administrative compliance processes within the telecommunications industry, with experience supporting Internet Service Providers (ISPs) or public utility districts.

· Experience 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 assist agencies in drafting, managing, and administering complex telecom infrastructure, construction, and supply chain agreements, including tracking deliverables and ensuring adherence to contractual requirements.

II. Subgrantee Contract Administration The consultant will develop and provide the compliance framework for all BEAD subgrantee form agreements, ensuring both federal enforceability and industry clarity. All contracts will be finalized and approved by the office of the Utah Attorney General, which provides legal representation for the Utah Broadband Center.

· Master Agreement Administration: Assist the Utah Broadband Center in drafting, managing, and administering the Master BEAD Subgrant Agreement Template(s) (e.g., for Fixed-Amount Subawards).

· Assist the Utah Broadband Center, in coordination with the Utah Attorney General’s Office, in creating and maintaining the BEAD Subgrant Agreements, and, when necessary, modifying those form Agreements, including making clerical revisions resulting from negotiations among stakeholders.

· Review all subgrantee contracts for accuracy, enforceability, and compliance with federal and state standards.

· Ensure contracts are distributed internally within Utah Broadband Center to relevant State stakeholders, including the Utah Attorney General’s Office, and externally to subrecipients and other parties identified by the Utah Broadband Center as necessary for contract negotiation and execution, including coordinating signatures.

· Monitor and promptly notify the Utah Broadband Center and relevant stakeholders of any regulatory changes in federal or state standards that impact BEAD agreements, ensuring timely incorporation into contract language.

· Ensure contracts contain specific compliant defensible language regarding the federal requirements as outlined from NTIA (National Telecommunications Information Administration) including but not limited to 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.

· Establish and maintain processes to monitor subgrantee compliance throughout the agreement lifecycle, including performance benchmarks, financial assurances, and adherence to NTIA requirements.

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

· Financial and Performance Enforcement: Draft robust, 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), and assist with enforcement of remedies for non-compliance, including implementing clawback provisions, penalties, and corrective actions for misuse of funds or failure to meet service commitments (e.g., low-cost plan obligations).

· Develop compliance 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 compliance and the completion of the state’s BEAD program to the fullest extent.

III. State Broadband Office (SBO) Administrative Guidance for BEAD Compliance Advisory & Administrative Strategies The consultant must have experience providing subject matter expertise consulting state broadband offices regarding compliance of federal broadband grant programs and will provide similar consultation and support to the UBC staff to ensure overall program integrity, compliance, and coordination with UBC’s legal counsel on defense of administrative decisions.

1. Regulatory Interpretation & Compliance Strategy The Consultant will act as a supplemental resource for the UBC’s compliance with the BEAD Notice of Funding Opportunity (NOFO), the Uniform Guidance (2 CFR 200), and the State’s Approved Initial Proposal (Volume II).

· Policy Guidance: Provide technical assistance on the "Compliance Framework," ensuring state-level policies for Davis-Bacon, BABA, and EHP (Environmental & Historic Preservation) are robust.

· Precedent Analysis: Monitor NTIA Technical Assistance (TA) webinars and FAQs to provide the SBO with "real-time" strategic shifts in compliance expectations.

· Subgrantee Agreement Review: Provide a compliance-based review of grant templates to ensure all federal "flow-through" requirements are captured without the consultant acting as the SBO's legal representative.

· Compliance Policy and Training:

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

· Assist the UBC in developing and delivering guidance, training, or materials for subrecipients on critical compliance topics, such as allowable costs, property management, and federal reporting specific to BEAD.

2. Monitoring & Oversight Framework Development The Consultant will design the "Audit-Ready" systems that the UBC staff will execute.

· Desk Audit Protocol: Develop the standardized checklists and workflows that UBC staff will use to review subgrantee reporting.

· Site Visit Methodology: Design a risk-based monitoring plan to determine which subgrantees require high-touch oversight versus standard reporting.

· Performance Metric Advisory: Define the specific Key Performance Indicators (KPIs) and data points UBC should collect to satisfy NTIA’s monitoring requirements.

3. Telecommunications Regulatory Subject Matter Expertise The consultant must possess deep expertise in telecommunications contract administration to assist UBC with:

· Eligible Entity Standards: Advising on the administrative requirements for non-traditional providers (co-ops, municipalities, small ISPs).

· Compliance with Service Obligations: Guidance on the administrative verification of high-speed service delivery mandates.

· Infrastructure Compliance: Strategic advice on the administrative documentation required for pole attachments and right-of-way compliance to prevent project delays.

4. Risk Mitigation & Audit Readiness

· Internal Controls Assessment: Evaluate UBC’s internal administrative controls to identify gaps that could lead to "findings" during an NTIA or OIG audit.

· Corrective Action Plan (CAP) Design: In the event of subgrantee non-compliance, advise the UBC on the administrative steps for escalation and the development of corrective action plans.

· Final Closeout Strategy: Develop the administrative roadmap for project closeout, ensuring all assets are properly recorded and federal interests are secured.

· To ensure that BEAD projects are carried out in a timely and effective manner, guide and support UBC to establish procedures or best practices to ensure that broadband-related permit applications are promptly accepted, and requests are approved or denied as much as possible within NTIA’s 90 day requirement, including by:

· Assisting state and local authorities in establishing a single, dedicated point of contact, which has knowledge of the application and review processes, for broadband-related permits

· Providing technical assistance to permitting agencies to ensure sufficient capacity (e.g., Master Agreement and Consultant Reimbursement Agreement templates, surge support for permit processing, etc.)

· Providing deference to the construction techniques chosen by BEAD Subgrantees (without seeking to influence those decisions), absent any identified safety concerns

· Promote streamlined processing through permitting by rule; batch processing of substantially similar permit requests; and waiving or expediting duplicative or burdensome broadband permitting requirements where possible

· Following FCC rules regarding timelines, rates, terms, and conditions for access to municipally-owned poles and conduit for broadband projects—including provisions in the FCC’s rules providing for “one-touch make-ready” and “self-help”—and encouraging BEAD Subgrantees that own poles (including cooperatives) to comply with FCC rules across their footprint

· Forming best practices to minimize state and local permitting-related costs for broadband deployments and encourage permitting entities to ensure (1) permitting fees are a reasonable approximation of the state or local government’s costs, (2) only objectively reasonable costs are factored into those fees, and (3) the fees are no higher than the fees charged to similarly situated competitors in similar situations.

· Assist in other consultation regarding the BEAD program and the fulfillment of the state’s BEAD Final Proposal, assisting with the development of contracts and programs for satellite services..

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.

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