Appendix G_E_rate Supplemental Terms _ Condit.pdf

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E-RATE SUPPLEMENTAL TERMS AND CONDITIONS

Signed copy to be returned with Letter of Acceptance.

The Telecommunications Act of 1996 established a fund by which Schools and Libraries across the Country could access discounts on eligible telecommunications products and services. The program is commonly known as the E-Rate Program. The eligibility for discounts on internet access, telecommunications products and services, internal connection products, services and maintenance is determined by the Federal Communications Commission (FCC). Funding is made available upon application approval by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC), which was established by the Act. The amount of discount is based on the numbers of students receiving free and reduced-price meals.

1. E-RATE CONTINGENCY

The project herein is contingent upon the approval of funding from the Universal Service Fund’s Schools and Libraries Program, otherwise known as E- rate. Even after award of contracts(s) and/or E-Rate funding approval is obtained, the district may or may not proceed with the project, in whole or in part.

Execution of the project, in whole or in part, is solely at the discretion of the district.

2. SERVICE PROVIDER REQUIREMENTS

The district expects Service Providers to make themselves thoroughly familiar with any rules or regulations regarding the E-Rate program.

a. Service Providers are required to be in full compliance with all current requirements and future requirements issued by the SLD throughout the contractual period of any contract entered into as a result of this RFP.

b. Service Providers are responsible for providing a valid SPIN (Service Provider Identification Number).

c. Service Providers are responsible for providing a valid Federal Communications Commission (FCC) Registration Number (FRN) at the time the bid is submitted.

d. Service Providers are responsible for providing evidence of FCC Green Light Status at the time the bid is submitted. Any potential bidder found to be in Red Light Status will be disqualified from participation in the bidding process and will be considered non-responsive.

e. Products and services must be delivered before billing can commence. At no time may the Service Provider invoice before July 1, 2024.

f. Prices must be held firm for the duration of the associated E-Rate Funding Year(s) or until all work associated with the project is complete (including any contract and USAC approved extensions).

APPENDIX G

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g. Goods and services provided shall be clearly designated as “E-Rate Eligible”. Ineligible goods and services shall be clearly called out as 100% ineligible or shall be “cost allocated” to show the percentage of eligible costs per SLD guidelines.

h. Within two (2) weeks of award, the awarded Service Provider must provide the district a bill of materials using a completed USAC “Bulk Upload Template”, if applicable and requested by the district. Subsequent schedules of values and invoices for each site must match the Bulk Upload template or subsequent service substitutions.

i. In the event of questions during an E-Rate pre-commitment review, post-commitment review and/or audit inquiry, the awarded Service Provider is expected to reply within 3 days to questions associated with its proposal.

j. The awarded Service Provider is required to send copies of all forms and invoices to the district prior to invoicing USAC for pre-approval. Failure to comply with this requirement may result in the district placing the vendor on an “Invoice Check” with the USAC.

k. Services providers must comply with the FCC rules for Lowest Corresponding Price ("LCP").

l. Service provider shall retain all documentation related to the purchase, payment, delivery and/or installation, including Forms 474 and receipt of payment from USAC, for all products and services provided to the applicant. Related documentation must be retained for a period of 10 years from the last date of service.

3. SERVICE PROVIDER ACKNOWLEDGEMENTS

a. The Service Provider acknowledges that no change in the products and/or services specified in this document orders will be allowed without prior written approval from the district and a USAC service substitution approval with the exception of a Global Service Substitutions.

b. The Service Provider acknowledges that all pricing and technology infrastructure information in its bid shall be considered as public and non-confidential pursuant to §54.504 (2) (i) (ii).

c. The Service Provider acknowledges that its offer is considered to be the lowest corresponding price pursuant to § 54.511(b). Should it not be the lowest corresponding price, the service provider must disclose the conditions leading to the applicant being charged in excess of lowest corresponding price.

d. This offer is in full compliance with USAC’s Free Services Advisory. There are no free services offered that would predicate an artificial discount and preclude the applicant from paying its proportionate non-discounted share of costs. The service provider agrees to provide substantiating documentation to support this assertion should the applicant, USAC, or the FCC request it.

e. The annual E-Rate Funding Year begins on July 1 and expires on June 30 of each calendar year.

Regardless of the contract “effective date”, E-Rate eligible goods and/or services requested in this RFP shall be delivered no earlier than the start of the 2024 funding year (July 1, 2024). We amend our rules for Category Two non-recurring services to permit applicants to seek support

P a g e 3 | 3 for Category Two eligible equipment purchase on or after April 1, three months prior to the start of the funding year on July 1.

4. INVOICING

a. The Service Provider agrees to bill and receive a portion of the payment for the provisions of goods and services described herein directly from USAC via the Form 474 Service Provider Invoice (SPI). The district will only be responsible for paying its non-discounted share of costs and does not intend to use the BEAR process (Form 472). Alternatively, should the district decide that it is in the best interest of the district to file a Form 472, the district will inform the Service Provider of its intent.

b. All Service Provider invoicing to USAC must be completed within 120 days from the last day of service. Should the Service Provider fail to invoice USAC in a timely manner, the district will only be responsible for paying its non-discounted share.

I, the undersigned, as an authorized agent of ______________________________ (Service Provider Name), hereby certify that I have read the E-Rate Supplemental Terms and Conditions, am fully compliant and intend to cooperate with the E-Rate process as outlined above.

Signature: ___________________________ Title: _______________________________

Phone Number: _______________________ E-mail: _____________________________

Service Provider Name: ___________________________________________________

Service Provider Identification Number (“SPIN”): _______________________________

FCC Federal Registration Number (FRN): _______________________________________