FCDL Comment:
MR1: Contract Award Date was changed from 03/14/2013 to 05/01/2013 to agree with documentation provided. <><><><><> DR1: FRN 2538855 is denied since the contract provided was signed after the Certification Postmark Date of the Form 471. You provided a contract signed May 1, 2013. A binding contract with the service provider must be in place at the time of the submission of the FCC Form 471. <><><><><> DR2: FRN 2538855 is denied because price was not the primary factor in your vendor selection. Documentation shows you conducted an evaluation March 7, 2013. In the March 7, 2013 evaluation, bidders were evaluated to determine if they met requirements as set forth in a March 1, 2013 email sent to vendors. Price is not one of the requirements in the March 1, 2013 email and thus you have not demonstrated that price was your primary consideration. Additionally, you conducted a vendor evaluation prior to the required 28-day waiting period. The vender evaluation conducted on March 7, 2013 occurred prior to the Allowable Contract Date. <><><><><> DR3: FRN 2538855 will be denied for failure to advise bidders on your FCC Form 470 that a Request For Proposal (RFP) was used in the bidding process. On March 1, 2013 you issued an email to vendors that included criteria that you would consider for your vendor selection process. The criteria are web hosting specifications that were not listed on the FCC Form 470 that established the bidding process. In the email vendors are asked to respond by March 7, 2013 to each of the specs. The email is considered to be an RFP since it contains specs not contained in the Form 470. Since the list of specs in the March 1, 2013 email was not included on the FCC Form 470 and was not available to all vendors, it violates competitive bidding. Additionally, Program rules require that any new information issued to vendors is available for 28 days. The March 1, 2013 email was not available to vendors for 28 days.