Special Terms and Conditions _ E_Rate Eligibl.pdf

Special Terms and Conditions E-Rate Eligible Wireless Equipment and Wireless Services

SPECIAL TERMS AND CONDITIONS

By submitting a response to this request, the bidder accepts the responsibility of reading, understanding, and abiding by the Special Terms and Conditions below (please note, these terms and conditions may vary from project to project. It is your responsibility to read them carefully and abide by them.

1. E-RATE PROGRAM INFORMATION AND REQUIREMENTS

1.1 The E-rate – or, more precisely, the Schools and Libraries Universal Service Support Mechanism provides discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access. Four service categories are funded: Telecommunications Services, Internet Access, Internal Connections, and Basic Maintenance. Discounts range from 20% to 90% of the costs of eligible services, depending on the level of poverty and the urban/rural status of the population served.

1.2 THE UNIVERSAL SERVICES PROGRAM

The vendor must participate in the E-rate Program and has a responsibility to educate itself about the Program requirements and timelines. The Schools and Libraries Division (SLD) of USAC will hold Service Providers accountable to the statements made in E-Rate applications, registration, certification, and invoices. For more information on E-rate participation and procedures go to www.usac.org/sl.

1.3 E-RATE ELIGIBLE GOODS AND SERVICES

It is anticipated that some or all of the Board’s costs under this Agreement shall be eligible for the “E-Rate” discount under the Federal Communications Commission (FCC) Universal Service Provision (FCC 97-157). Accordingly, contingent upon APS’ receipt of a Funding Commitment Decision Letter (FCDL) from SLD/USAC and both APS’ and Vendors’ compliance with all the SLD/USAC guidelines, Vendor shall have the ability to offer the District a SLD/USAC discounted invoice payment option in addition to the District’s standard invoice payment option of Net 30. In providing the discounted invoice payment option, the Vendor will be required to recover its compensation for the approved E-Rate eligible discounted services, which can be from twenty percent (20%) up to ninety percent (90%), directly from the Schools and Libraries Division (“SLD”) of the Universal Service Administration Company (“USAC”) in accordance with procedures established by the FCC and SLD/ USAC. Vendor’s invoices will itemize/breakdown the costs of all E-Rate eligible products and/or services from all non-E-Rate eligible products and/or services. To determine which items are eligible, visit the FY 2024 E-rate Eligible Services List at:

https://docs.fcc.gov/public/attachments/DA-23-819A1.pdf or call the SLD at 888-203-8100. All aspects of this project must comply with the Federal Communication Commission’s competitive RFP requirement for Universal Service Fund (USF) support and services.

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1.4 SERVICE PROVIDER IDENTIFICATION NUMBER (SPIN)

The vendor shall obtain a valid E-rate SPIN (Service Provider Identification Number) and must provide that SPIN in the Proposal submitted in response to this bid opportunity. If the vendor does not currently have a SPIN but would like to apply for one, the vendor must submit a completed Form 498 to the E-rate program administrator, the Schools and Libraries Division of the Universal Service Administrative Company (“SLD”). The form is available on the SLD’s website at: https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/

1.5 ITEM 21

The Vendor must provide an accurat1.ely completed Item 21 attachment documentation which will be filed with the District’s Form 471.

1.6 EXCLUSION OF LIABILITY FOR E-RATE FUNDING

The Board shall have no liability for the E-Rate portion of any costs incurred by the vendor and/or any vendor’s invoices if one of the following occurs:

a. Products or services billed to the SLD are deemed ineligible pursuant to any event, including but not limited to an audit, after the SLD has reimbursed the vendor for products or services that were previously considered eligible.

b. The vendor fails to properly adhere to SLD guidelines (e.g., missing a filing deadline for invoicing to the SLD) or is subject to the FCC “Red Light Rule” and subsequently is not paid by the SLD.

1.7 The vendor agrees to timely submit to the SLD, a completed Form 473, Service Provider

Annual Certification (SPAC) form, which provides updated contact information to the SLD for the vendor. The vendor must also agree to provide a copy of the completed Form 473 to the District’s E-Rate Office. This form is available on the SLD’s website at:

https://www.usac.org/e-rate/service-providers/step-3-winning-the-bid/fcc-form-473-filing/

1.8 The vendor must identify and provide complete contact information for their organization’s E-Rate Program subject matter expert and certify that he/she will complete a minimum of eight (8) hours, at their expense, of annual E-Rate Program continuing education training. This training must be provided by a SLD/USAC approved entity and documentation of the training completion must be provided on/by December 1 of each year.

1.9 The vendor agrees to ship and/or deliver any equipment and/or services in accordance with the contract Commencement date where service will begin on or after July 1st of the upcoming funding year.

1.10 When applicable or if requested, the vendor agrees to provide the District with two-tiered billing. First, the vendor will provide the District with a discounted invoice and then submit the balance of the invoice to the SLD/USAC for direct payment.

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1.11 Vendor shall separately itemize the cost of E-Rate eligible and E-Rate ineligible products and/or services. To determine which items are eligible, visit the E-Rate Eligible Services List at: https://docs.fcc.gov/public/attachments/DA-23-819A1.pdf or call the SLD at 888-203-8100.

1.12 The decision to proceed with this project or service is contingent upon award to the

District of funding from Universal Service Funds (E-Rate). Please note: The SLD funding cycle may take as long as 12-18 months. The vendor will not begin work on this project or provide this service without written notification from APS that funding has been approved and/or that work should begin. In the event that funding is denied or is delayed past the beginning of the E-Rate funding year for which funds were sought, APS, at its sole discretion, may elect:

a. To proceed with the service in full.

b. To proceed with the service utilizing a reduced Scope of Work.

c. To cancel the service agreement entirely.

1.13 If partial funding is committed, the products and services will be adjusted accordingly.

1.14 E-Rate discounted equipment delivered and installed by the service provider must be labeled with its E-Rate Funding Request Number, date of installation, installation location, and contract number.

1.15 Once E-Rate funded equipment is installed at any of the District’s E-Rate eligible sites, it cannot be moved or transferred to another location without first notifying and obtaining approval from the APS IT Department. Any equipment (E-Rate funded or not) moved from its initial/original installation site without the express permission of APS will be returned to its original location at the expense of the service provider. Equipment moves or transfers due to maintenance must be properly documented and the new or used equipment installed to replace malfunctioning equipment, should be labeled accordingly.

1.16 Vendor will provide the APS IT Department with a monthly report of equipment moves, additions, and changes; inclusive of maintenance issues.

1.17 E-Rate Equipment Trade-In and/or Disposal:

a. Equipment purchased with E-Rate funds can be traded in within three years of the date of purchase, but if it is traded in, it can only be used to reduce the pre-discount cost of new equipment; it cannot be used to "pay" the applicant's non-discount share on other eligible equipment.

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b. In general, eligible products and services purchased with E-Rate funding cannot be sold, resold, or transferred for money or any other thing of value. However, equipment can be disposed of at least five years or more after installation. Resale or disposal is prohibited before five years have passed.

c. The District is not required to notify USAC of the equipment disposal. However, the entity handling the equipment disposal should document the disposal action(s) and provide a Certificate of Disposal to the APS IT Department.

1.18 Vendor must provide quote details in the FCC/USAC template that allows for direct incorporation/transfer into the District’s FCC Form 471, when that template becomes available.

1.19 E-rate records shall be retained for ten (10) years following completion of services and shall be subject to inspection and audit.

1.20 In order to create pricing transparency, Item 21 information entered in the FCC Form 471 will be publicly available. Vendor contracts executed after the effective date of the FCC Order dated July 11, 2014, may not contain any restriction barring publication of the pricing data.