FCDL Comment:
DR1:As a result of a competitive bidding process, Wichita Unif Sch District 259 entered into a contract with ConvergeOne, Inc. for Internal Connections on 01/28/2020. Program rules require that applicants conduct a fair and open competitive bidding process by, among other things, filing an FCC Form 470 that accurately describes the types of products and services desired to enable all prospective bidders to reasonably determine the needs of the applicant and submit bids (See 47 C.F.R. § 54.503(c)(1)). After filing an FCC Form 470 that meets these requirements, applicants must wait at least 28 days before selecting a service provider (See 47 C.F.R. § 54.503(c)(4)). In addition, all potential bidders must have access to the same information and must be treated in the same manner throughout the competitive bidding process. See, e.g., Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96- 45, Order, 16 FCC Rcd 4028 (2000). You filed an FCC Form 470 on 01/17/2020. However, the FCC Form 470 and accompanying RFP did not specify the terms of the licenses or that Wichita was seeking a 5 year license for the equipment. Such information should have been included in the FCC Form 470 and accompanying RFP in so that prospective bidders had sufficient information to reasonably determine the needs of the applicant. Because Wichita Unif Sch District 259 did not include sufficient information in its FCC Form 470 or RFP document, Wichita Unif Sch District 259 did not engage in a fair and open competitive bidding process and violated FCC rules. Therefore, the FRN is denied.||DR2:Applicants are required to carefully consider all bids received and select the most cost-effective service offering using price of the eligible goods and services as the primary factor (See 47 C.F.R. § 54.511(a)). During the review, it was determined that the applicant failed to consider all bids received in its vendor evaluation process. Specifically, you failed to consider the bid from service provider Two Trees, disqualifying the bid using criteria not included in the FCC 470 or accompanying RFP. Therefore, this FRN is denied.||MR1:FRN Line Item # 001 was for switch, module and license and was split to agree with the applicant documentation. The new FRN Line Item # for Module is 093 for the amount of $500.00. The new FRN Line Item # for License is 094 for the amount of $712.38. The product or service remaining in the original FRN Line Item # is Switch for the amount of $2,771.43.||MR2:FRN Line Items # 002 to 026 were for switch, module and license and were split to agree with the applicant documentation. The new FRN Line Item # for Module is 095 for the amount of $94,500.00. The new FRN Line Item # for License is 096 for the amount of $134,639.82. The product or service remaining in the original FRN Line Items # 002 to 026 is Switch for the combined amount of $747,360.81.