FCDL Comment:
MR1: The Contract Award Date was changed from 02/06/2009 to 12/19/2008 to agree with the applicant documentation. <><><><><> DR1: The FCC's rules require a fair and open competitive bidding process free from conflicts of interest. Under the Commission?' rules, the service provider may not participate in the bidding process. The FCC's rules further require the applicant to take the initiative and responsibility for determining its needs as set forth in the technology plan. A competitive bidding violation and conflict of interest exist when an individual associated with an applicant is simultaneously associated with the selected service provider. The consultant responsible for the content of the FCC Forms 470, who also had input into the entity?s technology plan, has a contractual relationship with Akisha Networks, Inc, in which he is paid a sales commission. Because the competitive bidding process used to establish the funding request was not a fair and open competitive bidding process free from conflicts of interest, the FRN is denied.