Attachment 1 - NANPA-PA-RND PWS.pdf

273FCC20R0007

Attachment 1

Federal Communications Commission (FCC)

North American Numbering Plan Administrator, Pooling Administrator, and Reassigned Numbers Database

Administrator

Performance Work Statement (PWS)

[April 09, 2020]

Office of the Managing Director (OMD) Enterprise Acquisition Center (EAC)

445 12th Street SW Washington, DC 20554

273FCC20R0007

Attachment 1

North American Numbering Plan Administrator, Pooling Administrator, and Reassigned Numbers Database Administrator

Performance Work Statement

INTRODUCTION

The Federal Communications Commission (FCC or Commission) has a need for a Contractor to assume the role and responsibilities of the North American Numbering Plan Administrator (NANPA), Pooling Administrator (PA), and Reassigned Numbers Database (RND) Administrator (RNDA).

CONTRACT TYPE

The FCC anticipates awarding a Hybrid Firm-Fixed Price contract. The RND creation and the NANPA and PA services portion of the contract will be firm-fixed-price. The continued RND operations portion of the contract will be firm-fixed-price/no cost.

PERIOD OF PERFORMANCE

The period of performance shall be for a five-year (5) year base period and includes three (3) twelve (12) month option periods totaling eight (8) years.

PLACE OF PERFORMANCE

At the Contractor’s site.

INVOICING

Hardcopy invoices shall not be accepted. (See FCC LOCAL-5: Invoicing Instructions (MAR 2019).)

CONTRACTING OFFICER’S REPRESENTATIVE (COR)/ALTERNATE COR (ACOR):

The responsibilities and authority of the COR are generally set forth in the following clause: FCC LOCAL-4 Contracting Officer's Representative (COR). A letter of designation issued to the COR, copies of which will be sent to the Contractor, will state more specifically the COR’s responsibilities and limitations on his/her delegated authority for this contract.

CONTRACTING OFFICER (CO)

The CO will ensure performance of all necessary actions and compliance with the terms of the contract.

ENSURING PROGRESS ON DUAL PROJECTS

This contract calls for a single Contractor that will function as the NANPA, the PA, and the RNDA.

These systems all call for up-front development work and subsequent operation.

NANPA AND PA

1. Scope.

The Contractor shall operate as the North American Numbering Plan Administrator and Pooling Administrator (the NANPA and PA respectively, and, collectively, the NANPA/PA). The NANPA is responsible for the neutral and efficient administration of North American Numbering Plan (NANP) resources. The NANP is the basic numbering scheme for telecommunications networks located in the United States, its territories, Canada, and parts of the Caribbean.

The PA aspect of the Contractor’s responsibilities pertains to administering thousands-block number pooling in populous areas of the United States. Thousands-block number pooling, referred to simply as “pooling,” involves the allocation of blocks of 1,000 sequential telephone numbers within the same 10,000 number central office code to multiple service providers. In effect, number pooling reduces the quantity of wasted numbers in areas that have multiple service providers by requiring those providers to share a single 10,000 code.

The Contractor shall take over NANPA functions from the current contractor seamlessly no more than 60 (sixty) days after contract award.

Attachment 1.1 NANPA/PA Technical Requirements Document (TRD) contains background information and the technical requirements for the NANPA/PA. This portion of the PWS defines additional requirements for the NANPA/PA.

2. Payment by Billing and Collection Agent

The Contractor shall receive payments due under this portion of the contract through payment by the Billing & Collection Agent in lieu of payment directly from the Government, in accordance with 47 C.F.R. §§ 52.7(f), 52.16(a), 52.17, related Commission Reports and Orders, and this contract.

RNDA

1.1. Scope

The Contractor shall operate as the RNDA during the term of this contract. The Contractor shall build the Reassigned Numbers Database (RND) and administer the RND.

The Commission authorized the creation of the RND to help callers avoid calling telephone numbers that have been reassigned. Service Providers will be required to submit information1 about permanently disconnected telephone numbers to the RNDA each month on the 15th.2 Users will query the RND by

1 “Beginning on the 15th day of the month after the Consumer and Governmental Affairs Bureau announces that the Administrator is ready to begin accepting these reports and on the 15th day of each month thereafter, report to the Administrator the most recent date each NANP telephone number allocated to or ported to it was permanently disconnected.” 47 CFR § 64.1200(l)(2).

2 This requirement will become effective 30 days after the Commission’s publication of a notice in the Federal Register announcing approval by the Office of Management and Budget under the Paperwork Reduction Act.

providing a telephone number and a date, and the RND must provide a response of “yes,” “no,” or “no data” to explain whether the number has been reassigned (or more accurately, permanently disconnected) since the date provided. The Commission defined a safe harbor from Telephone Consumer Protection Act (TCPA) liability for callers that can demonstrate that they appropriately checked the most recent update of the database and the database reported “no” when given either the date they contacted that consumer or the date on which the caller could be confident that the consumer could still be reached at that number.3

Attachment 1.2 RND Technical Requirements Document (TRD) contains background information and the technical requirements for the RNDA. This portion of the PWS defines additional requirements for the development and administration of the RND.

1.2. Overview of RND Funding and Fee Structure

The costs to establish the RND and create the query functionality (“RND creation costs”4) will be recovered using the same type of mechanism that is currently used to recover the NANPA’s costs.5 Thus, the RNDA will receive RND creation costs from the Billing and Collection Agent, which will collect the funds from Service Providers.6

The RNDA will recover its costs to operate the RND (“RNDA operating costs”7) through usage charges, or fees, that the Administrator will collect from callers that choose to use the RND, and will maintain those usage charges/fees in a separate fund from all others managed by the RNDA (“RND Fund”).8 The RNDA, in consultation with the Commission, will establish and set rates for a tiered, subscription-based fee structure.

The RNDA should set usage fees at a level designed to recover its current RNDA operating costs and, over time, the RND creation costs paid by Service Providers as described in further detail below.9 The RNDA must remit funds to the Billing and Collection Agent to repay the Service Providers for the funds they provided to establish the RND and create the query functionality (i.e. for the RND creation costs).

3 Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, § 2(9); codified at 47 U.S.C. § 227. The Commission’s implementing rules are codified at 47 CFR § 64.1200. The safe harbor is codified at 47 CFR § 64.1200(m).

4 The RNDA will perform its duties as RNDA on a hybrid firm-fixed-price/no-cost basis. When this document refers to “RND creation costs”, this term is intended to mean the firm-fixed-price agreed upon and included in the RND Development CLIN in the contract.

5 Advanced Methods to Target and Eliminate Unlawful Robocalls, CG Docket No. 17-59, Second Report and Order, 33 FCC Rcd 12024, 12041, para. 47 (2018) (Reassigned Numbers Database Order); see also 47 CFR § 64.1200(l)- (m).

6 Id.

7 Since the RNDA will perform its duties as RNDA on a hybrid firm-fixed-price/no-cost basis, when this document refers to “RND operating costs”, this term is intended to mean the firm-fixed-price agreed upon and included in the RND Operations CLINs in the contract. As described in further detail below, the RNDA will recover this firm fixed price from the RND fund to the extent it is available.

8 Consumer and Governmental Affairs Bureau Establishes Guidelines for Operation of the Reassigned Numbers Database, CG Docket no. 17-59, Public Notice, DA 20-423 2020 WL 1907792 (CGB 2020) (Reassigned Numbers Database Public Notice); Reassigned Numbers Database Order, 33 FCC Rcd at 12040, para 46;

9 Reassigned Numbers Database Public Notice; Reassigned Numbers Database Order, 33 FCC Rcd at 12041, para.

49.

1.3. RND Creation Funding

As stated above, Service Providers will fund the RND creation costs via a collection by the Billing and Collection Agent. The current process entails the annual development of a contribution factor where Service Providers fund the costs associated with the NANPA/PA and Billing and Collection Agent functions based upon the Service Provider’s portion of the industry’s overall revenues as reported collectively on the FCC’s Form 499a. The Billing and Collection Agent calculates this contribution factor in the spring. The North American Numbering Council (NANC) approves the amounts in the second quarterly NANC meeting and submits the information to the FCC. The Billing and Collection Agent sends invoices to the Service Providers in September and collects the funds in October.

1.4. Tiered, Subscription-based User Fees

The RNDA, in consultation with the Commission, shall establish a tiered, subscription-based fee structure and determine subscriber rates. The tiers shall be based on the number of queries the subscriber anticipates making in the RND and the subscription shall be based on the period of time during which the subscriber may make the queries.10 Each tier shall be associated with a flat-rate amount, which the RNDA shall charge the subscriber at the beginning of the time period, and which covers the volume of queries during that time period up to the upper query volume limit. The initial rate for the lowest tier, that is the tier allowing the smallest number of queries, should be capped at a penny per query, assuming the maximum number of queries. For example, if the lowest tier allows 1 to 500 queries, then the RNDA should not charge more than $5.00 to a subscriber of that tier. Higher tiers, that is tiers allowing larger volumes of queries, shall have incrementally lower per-query charges to reflect a volume discount. The RNDA may increase fees from these initial rates only with approval from the FCC.

The RNDA may determine the number of tiers to offer, the number of queries to allow per tier, the duration of the subscription, and the price to charge subscribers to each tier. The Commission must approve both the initial fee structure and rates, and any changes to the fee structure and rates, before they become effective.

Ultimately, the RNDA should offer annual subscriptions to allow callers to adequately budget their expenses in using the RND. The RNDA may also offer shorter subscriptions, such as monthly subscriptions, three-month subscriptions, or six-month subscriptions, to encourage use of the RND by smaller subscribers that may have difficulty paying for an annual subscription. The RNDA may lack sufficient information about demand to design an optimal tiered subscription structure when the RND is first established. During the initial operation of the RND, the RNDA, upon approval from the Commission, may require that subscribers purchase shorter subscriptions to allow for more frequent adjustment of the tiers and the rates. In adjusting the tiers and the rates, the RNDA shall seek to advance the goals of promoting maximum use of the RND while collecting enough money in fees to reimburse the Service Provers for the RND creation costs and to cover the RNDA’s operating costs. The tiers and rates should stimulate a level of demand sufficient to ensure full recovery of all costs plus full reimbursement to Service Providers within the five-year RNDA contract period.

The RNDA, on a monthly basis, shall analyze the volume of queries it receives by subscription tier and the amount it collects in fees, and recommend any adjustments to the subscription tiers or rates to the Commission. Upon approval by the Commission, the RNDA may reduce the frequency of this analysis

10 Note that a single subscriber might have multiple users associated with the subscription, as in the case of a large bank (subscriber) with many branch offices (each with one or more users who may query the RND under the subscription).

once the fee structure and rates have remained stable over time. The RNDA must conduct the analysis annually at a minimum.

The RNDA shall advise the Commission on an ongoing basis regarding query volumes and fees collected.

This includes informing the Commission of any issues that may affect the RND, including any relevant technological advances.

The RNDA may consider offering a free trial period, not to exceed three months, subject to the approval of the FCC. The trial period would allow users to query the RND without a paid subscription. While it would defer the period of payment, such a free trial could generate interest in the RND and help the RNDA determine the levels of demand, which could be helpful in establishing the fee structure.

1.5. Managing RND Subscriptions

The RNDA shall track the number of queries performed under each subscription. Subscribers shall have the ability to view the volume of queries made against their subscription in total and by individual user.

The RNDA shall give subscribers the option to receive a monthly email notification providing a summary of the number of queries processed for that subscription to date. The RNDA shall ensure, through audits and other means, the accuracy of the information. The RND will comply with federal regulations to prevent waste, fraud, and abuse.11

If a subscriber reaches the maximum number of queries for the subscription tier before the subscription period ends, the RNDA shall notify the subscriber and offer the subscriber the option to adjust the subscription to a higher tier for the remainder of the period. The RNDA shall charge the subscriber the difference between the price of the original subscription and the price of a subscription to the higher tier.

The RNDA shall notify the subscriber when the subscriber has used 75% of its queries to give the subscriber the opportunity to adjust its subscription without interrupting its ability to query the RND.

Alternatively, the RNDA shall allow the subscriber to end its current subscription and purchase a new one.

Before the RND subscription period ends, the RNDA shall notify the subscriber that the subscription will soon end and provide the subscriber with the number of queries made under the subscription. The RNDA shall provide one month’s notice for an annual subscription and one week’s notice for a monthly subscription. If the RNDA offers other subscription durations, it shall determine the appropriate notification period subject to approval by the FCC. The RNDA shall inform the subscriber of the renewal fee structure (the tiers and rates in place at the time of renewal) and instruct the subscriber how to renew the subscription. The same fee structure (tiers and rates) shall apply to both renewals and new subscriptions.

1.6. Collecting RND Subscription Fees

The RNDA shall collect all subscription fees from subscribers to the RND. The RNDA shall maintain a database of subscribers to the RND that shall include an historical record of fees paid by each subscriber, including date of payment and method of payment.

The RNDA must allow subscribers to pay their subscription fees by credit card, ACH transfer, check, or by other means that the RNDA deems effective. The RNDA shall not give the subscriber the ability to query the RND until the RNDA receives the payment of the subscription fee. For example, the RNDA must validate the credit card before providing the subscriber with the ability to query the RND. In the

11 See, e.g., White House, Office of Management and Budget Circulars, Circular A-123, https://www.whitehouse.gov/omb/information-for-agencies/circulars/ (last visited June 9, 2020). U.S. Government Accountability Office, The Green Book, https://www.gao.gov/greenbook/overview (last visited June 9, 2020).

case where a subscriber upgrades to a higher tier, the RNDA shall not allow the subscriber to exceed the number of queries allowed in the original subscription until it receives payment for the upgrade to the higher tier. In the case of subscription renewal, the RNDA shall not allow the subscriber to query the RND beyond the end date of the original subscription until it receives payment for the renewal of the subscription.

1.7. Managing and Safeguarding RND Subscription Fees

The RNDA shall ensure, through audits and other means, the accuracy of fee amounts collected and number of queries made for each subscription. “Other means” includes, and is not limited to, ongoing analysis of all fees collected, queries made, and any potential fraud or suspicious submissions. The RNDA will ensure that it tracks its RND operational costs separately from RND creation costs, NANPA costs, and PA costs. All financial audits of the RNDA must be conducted in accordance with the most recent Generally Accepted Government Auditing Standards (GAGAS). The current version of these Government Auditing Standards is the 2018 Revision (Supersedes GAO-12-331G), GAO-18-568G:

Published: Jul 17, 2018. Publicly Released: Jul 17, 2018) and can be found at https://www.gao.gov/products/GAO-18-568G. The RNDA shall keep the RND fees separate from all other funds administered by the RNDA.

The RNDA shall account for the fee amounts collected in accordance with generally accepted accounting principles (GAAP) for federal agencies and maintain the accounts of the RND in accordance with the United States Government Standard General Ledger.12

The RNDA shall prepare and submit financial statements and supporting schedules reflecting the administrative activities relating to the subscription fees it collects.

The RNDA shall submit required monthly and quarterly reports to the FCC to include at a minimum:

monthly reports on receivables, disbursements, collections, and receipts.

The RNDA shall submit all filings and reports to the Commission in electronic format, unless otherwise directed.

The RNDA must establish and implement procedures that conform with the Commission’s procedures in order to ensure that a subscriber seeking a benefit from the Commission, that is delinquent in debts owed to the Commission, shall be barred from receiving any benefit until the delinquency is resolved.13

The RND website should include all RND subscription fees collected, accessible only to the COR at the FCC and any of the COR’s designees. Note: the website must be maintained in compliance with Section 508 of the Rehabilitation Act of 1973,14 the Federal Information Security Modernization Act (FISMA),15 or other security standards mandated by the Commission, and shall be provided through a secure system.

The RNDA shall provide all electronic and information technology deliverables under this contract in an accessible format that is compliant with Section 508 of the Rehabilitation Act of 1973 and the Access Board Standards.16

12 The Federal Advisory Standards Board maintains information on GAAP at https://fasab.gov/accounting-standards/. The U.S. Treasury maintains information on the USSGL at https://www.fiscal.treasury.gov/ussgl/.

13 47 CFR § 1.1910. See DCIA Order, 19 FCC Rcd at 6540.

14 Pub. L. 93-112, 87 Stat. 394, 29 U.S.C. § 794(d), Electronic and Information Technology.

15 Pub.L. 113-283, December 18, 2014, 128 Stat. 3073.

16 Pub. L. 93-112, 87 Stat. 394, 29 U.S.C. § 794(d), Electronic and Information Technology.

https://www.gao.gov/products/GAO-18-568G

The RNDA shall be subject to the enforcement provisions specified in the Communications Act, the ADA, the Rehabilitation Act, and the Commission’s rules.17

The RNDA shall establish and maintain a comprehensive set of policies and procedures that outline a set of internal controls for management of the subscription fees it collects. Such policies and procedures include, but are not limited to: a method to file and record receipt of subscriber information and correspondence; a record of subscription fee financial transactions; problem resolution; staff training;

analysis and reconciliation of subscription fees and volume of queries per subscriber; and other information necessary to provide sufficient, timely, and appropriate evidence to support subscription fees charged to subscribers.

1.8. Disposition of RND Subscription Fees

The RNDA will attempt to collect exactly enough money through RND subscription fees to allow it to repay the Service Providers for the RND creation costs and cover its own fee to operate the RND.

Each month, funds permitting, the RNDA will remit payment to the Billing and Collection Agent to repay the Service Providers (calculated as described in paragraph 1.9, below). In addition, each month, upon approval by the FCC and funds permitting, the RNDA will remit payment to itself for its operating costs.

In no event shall the Commission or the Service Providers be liable for the payment of the RNDA operating costs invoice to the Contractor.

Each month, the RNDA shall distribute the funds in the following order:

1. Monthly payment to the Service Providers to repay the RND Creation Costs

2. Monthly payment of the RNDA operating costs invoice

3. Any excess funds will remain in the RND fund to be used in subsequent months or distributed at the end of the year as described below.

In the event the RNDA collects more money from subscription fees than is needed in a given year to repay the minimum monthly payment amounts to the Service Providers for RND creation costs (calculated as described in paragraph 1.9 below) and pay itself its monthly RND operating costs , the RNDA shall distribute the excess funds collected in the following order:

1. If the database had a funding deficit in prior year(s), the Administrator will apply the excess funds to reduce or eliminate that deficit, first to eliminate any deficit in repayment of the Service Providers, and then to eliminate any deficit in monthly payments to the RNDA for its RNDA operating costs..

2. If any excess funds remain after step 1 and the Service Providers have not been paid in full for their funding of the database creation costs, the Administrator shall apply the excess funds to accelerate their repayment.

3. If any excess funds remain after steps 1 and 2, the Administrator shall apply them to future years of Reassigned Numbers Database operations and thereby lower the fees paid by subscribers.18

17 The Communications Act is codified at 47 U.S.C. § 151 et seq. The Rehabilitation Act is codified a 29 U.S.C.

§ 701 et seq.

18 Reassigned Numbers Database Public Notice.

1.9. Reimbursing RND Creation Cost Funding to the Service Providers The RNDA shall repay the Service Providers for the funding provided for the RND creation costs by remitting monthly payments to the Billing and Collection Agent commencing at the end of the first full month in which the RNDA collects subscription fees.

The RNDA shall repay the Service Providers for the RND creation costs in full before the end of the five-year term of the contract. Therefore, the RNDA shall calculate the minimum monthly payment amount by dividing the total amount of the RND creation costs received from the Service Providers via the Billing and Collection Agent by the number of months remaining in the term of the contract at the end of the first full month in which the RNDA collects subscription fees. The RNDA may, at its discretion, choose to pay a greater amount as described above in paragraph 1.8 to accelerate repayment to the Service Providers of the RND creation costs.

1.10. RNDA Audit Requirements

The RNDA must complete both performance audits and financial audits. Upon establishing initial operations of the RND, the RNDA shall conduct an independent performance audit to review internal controls and other operational requirements to verify that they are in compliance with federal program regulations.19 The Commission reserves the right to require additional performance audits if it determines there is cause for concern, such as in the event there is a problem with the financial statements.

The RNDA shall provide audited financial statements each year. The RNDA shall include the cost of the annual financial audit in its operating costs.

Attachments:

Attachment 1.1 NANPA/PA Technical Requirements Document

Attachment 1.2 RND Technical Requirements Document

19 See, e.g., White House, Office of Management and Budget Circulars, Circular A-123, https://www.whitehouse.gov/omb/information-for-agencies/circulars/ (last visited June 9, 2020). U.S. Government Accountability Office, The Green Book, https://www.gao.gov/greenbook/overview (last visited June 9, 2020).