FCDL Comment:
DR1:As a result of a competitive bidding process, SAN JUAN UNIFIED SCHOOL DIST entered into a contract with AT&T Corp.- 143001192 for Data Transmission and/or Internet Access on 03/01/2019. 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 190002134 on 12/17/2018. However, on 01/03/2019 you amended the RFP 19-127 related to this FRN by changing the location from 3738 Walnut Ave., Carmichael, CA 95608 to 7551 Greenback Ln, Citrus Heights, CA 95610 for which bids for Internet Access is solicited. Such changes are substantial enough to have warranted the restarting of the 28-day competitive bidding period (or extending the due date to allow for at least 28 days from the date of the change to select a service provider) because potential bidders could not have reasonably anticipated these needs based solely on the originally filed RFP#19-127. Given the nature of these changes, the applicant should have filed an amended FCC Form 470 or uploaded an amended RFP document to notify all potential bidders of the applicant’s needs and waited at least 28 days from such filing to select a service provider. Because San Juan Unified School District did not post a revised FCC Form 470 or an amended RFP document, and did not provide prospective bidders a period of at least 28 days before selecting AT&T Corp.- 143001192 as its service provider, San Juan Unified School District did not engage in a fair and open competitive bidding process and violated FCC rules. Therefore, USAC denies FRN 2099036695.