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Roadshow Presentation Funding Year 2012 October 2011 Gary Rawson, ITS Lee Bray, MDE. Topics to cover. The Mississippi Story Funding Denials ITS State Master Contracts Deadlines Technology Plan Form 470 Form 471 PIA Contacts FCDL Form 486 BEAR or SPI Service Deliver Invoice Delivery

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Roadshow Presentation Funding Year 2012 October 2011 Gary Rawson, ITS Lee Bray, MDE


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    Presentation Transcript
    1. Roadshow PresentationFunding Year 2012October 2011Gary Rawson, ITSLee Bray, MDE

    2. Topics to cover • The Mississippi Story • Funding • Denials • ITS State Master Contracts • Deadlines • Technology Plan • Form 470 • Form 471 • PIA Contacts • FCDL • Form 486 • BEAR or SPI • Service Deliver • Invoice Delivery • State Procurement • Eligible Services • Non Instructional Facilities • Gift Rules • CIPA • Guest Speakers • Bobby Massey is going to speak about MDE • Jimmy Webster is going to speak about ITS, 4000, and RFPs in general • Open Lab to file Form 470s and BEARs

    3. E-rate hot-lines Complaints And Gripes Compliments and happy stories Call 601-359-5544 Talk to whomever answers • Call 601-432-8113 • Talk to whomever answers

    4. Vendor E-rate Contacts • It is often difficult to keep up with contact information for Service Providers and TCs. • People change, or addresses change • Wouldn’t it be nice if…. • All Service Providers and/or TCs had a single e-mail address that would route e-mails to the appropriate person or persons • What about mserate@serviceprovider.com • What about erate@schooldistrict.k12.ms.us

    5. Mississippi E-rate as of October 19, 2011 We have completed 14 years and are now entering our 15th year of the program • Committed dollars, including FY2011: $471,801,698.21 • Average $ per student: $943.60 (Assuming Student Count of 500,000) • Average $ per year: $31,453,446.55

    6. Mississippi E-rate as of October 19, 2011 For FY2010, Year 14 of the program • Average Statewide discount:83.6% • Pre-Discount Amount: $47,397,967.67 • Requested Amount:$40,053,888.23 Difference$7,344,079.44

    7. Different Ways of Viewing the Same Data

    8. Different Ways of Viewing the Same Data

    9. Mississippi E-rate as of October 19, 2011 For FY2010, Year 14 of the program • Average Statewide discount:83.6% • Pre-Discount Amount: $47,397,967.67 • Requested Amount:$40,053,888.23 Difference$7,344,079.44

    10. Mississippi E-rate as of October 19, 2011 For FY2010, Year 14 of the program • Requested Amount: $40,053,888.23 • Committed Amount:$36,859,704.54 Difference:$3,194,183.69 Denials: $2,389,931.82

    11. Mississippi E-rate as of October 19, 2011 For FY2010, Year 14 of the program • Committed Amount:$36,859,704.54 • Disbursed Amount:$21,745,052.86 Difference:$15,114,651.68 Unfiled BEARS: $5,951,433.63 Pending:$9,163,218.05

    12. 105 FRN Denials for FY 2010

    13. Reason for Denial • The FRN is denied because the applicant failed to respond to the Administrator's Selective Review Information Request. You did not provide any documentation to determine if the entity met program rules requirements for competitive bidding and Item 25 certification.

    14. Reason for Denial • The FRN is denied because the applicant failed to respond to the Administrator's Selective Review Information: This FRN is denied because the documents provided by you and/or your vendor indicates that there was not a fair and open competitive bid process free from conflicts of interest. The documentation provided by you and/or your service provider indicates that prior to/throughout your contractual relationship with the service provider listed on the FRN, that you were offered and accepted gifts, meals, gratuities, entertainment from the service provider, which resulted in a competitive process that was no longer fair and open and therefore funding is denied.

    15. Reason for Denial • 30% or more of this FRN includes a request for Cisco Learning Credits which is an ineligible product(s)/service(s) based on program rules. • This funding request is denied as a result of a Cost Effectiveness Review, which has determined that your request for basic maintenance of the Mitel PBX System and its components has not been justified as cost effective as required by FCC rules. Percentage of maintenance vs. purchase cost for the Mitel PBX System and its components is 250% ($24,999.96/$10,007.05).

    16. Reason for Denial • Applicant has not provided sufficient documentation to determine the eligibility of this item. No documentation was provided for item(s): Current Form 470 • Applicant has not provided sufficient documentation to determine the eligibility of this item. No documentation was provided for item(s): make/model of equipment, cost-allocation for Video on Demand Content Storage, Remote Controls, Microphones, Cameras, Speakers. • Form 471 canceled in consultation with the applicant. • Denied for Unknown Reasons

    17. Questions on Mississippi Stats or Denials?

    18. You already know the process is as simple as Jell-o…Right?

    19. Deadlines

    20. Technology Plan • Written before filing a Form 470 • Written before filing a Form 471 if using a SMC or an existing contract • Approved before services start (certify on 486 that TP has been approved) • Notes: • TP should not cover more than three years • Current TP should cover at least part of the upcoming funding year

    21. Form 470 • Must be filed soon enough to allow 28 days before signing a contract and filing a Form 471 • Form 470 Receipt Notification Letter (RNL) allows 15 days to respond with corrections • Notes: • The RNL allows you to make specific modifications to your Form 470 information • If you provide yourself enough time you can simply file a replacement 470

    22. Form 471 • Cannot be filed prior to the Window Opening (Early Jan.) • Cannot be filed prior to the Allowable Contract Date as shown on your Form 470 (if you filed one) and on your RNL • Must be filed prior to the Window Closing (Mid March) • Form 471 Receipt Acknowledgment Letter (RAL) allows 20 days to respond with corrections • Notes: • The Item 21 Attachments have to be “SUBMITTED” prior to the end of the Window, not after the Window as in years past (Prior to FY2010) • If you provide yourself enough time you can simply file a replacement 471

    23. PIA Contact • Contact has been made if PIA performed: • A live telephone conversation with the contact person or other person designated by the contact person • A voice mail message left at the contact person's telephone number • A fax sent to the contact person's fax number with confirmation of successful transmission • An email message sent to the contact person's email address without a return message of unsuccessful transmission • You have 15 days to respond after PIA has made a request • If you don’t respond PIA will contact the State E-rate Coordinator (who may in turn contact your Super)

    24. FCDL • If you are funded, but USAC reduced your Funded Amount or • If you are denied funding You have 60 days from the date of the FCDL to APPEAL • Typically you appeal first to USAC • You can appeal directly to FCC • Notes: • Almost all denials should be appealed

    25. Form 486 • Cannot be filed prior to the FCDL • Must be received by USAC no later than 120 days after Service Start Date on the 486 or • No later than 120 days after the date of the FCDL whichever is later • Applicants that have received a FCDL may file an Early 486 (prior to July 1st) if they have confirmed with their Service Provider that services will start in July of the upcoming funding year • USAC will send a Form 486 Notification Letter to both applicant and service provider(s) • Notes: • The Form 486 generally notifies USAC that services have begun and that USAC can begin processing of payments

    26. Form 474 – SPI (Service Provider Invoice) • Cannot be filed by the Service Provider if the Applicant has already filed a Form 472 (BEAR) • Cannot be filed by the service provider until: • The Billed Entity has filed a Receipt of Service Confirmation Form (Form 486) for the services for which discounts are being requested • The eligible services have been or are being received • The service provider has provided a customer bill to the Billed Entity at discounted prices. • USAC will issue a Remittance Statement to the Service Provider once the Form 474 has been filed (the applicant is not notified). • Notes: • No invoices will be paid until the Service Provider has filed its Service Provider Annual Certification (SPAC)

    27. Form 472 – BEAR (Billed Entity Applicant Reimbursement) • Cannot be filed by the Applicant if the Service Provider has already filed a Form 474 (SPI) • Cannot be filed by the Applicant /Billed Entity until: • The Billed Entity has filed a Receipt of Service Confirmation Form (Form486) for the services for which discounts are being requested • The eligible services have been or are being received • The Billed Entity has paid for the services in full • The Form 471 must be received not later than 120 days after the last date to receive service or 120 days after the date of the From 486 NL, whichever is later • USAC will issue a Form 472 Notification Letter to both the Applicant and the Service Provider once the BEAR has been filed • Notes: • BEARS are usually filed annually, but can be filed quarterly, semiannually, monthly • No invoices will be paid until the Service Provider has filed its Service Provider Annual Certification (SPAC)

    28. Service Delivery Deadlines Recurring Services • Must be delivered during the relevant funding year (July 1 – June 30) • Priority One infrastructure cost can be incurred prior to the funding year • Initiation of installation cannot take place before selection of the service provider pursuant to a posted Form 470 and in any event no earlier than six months prior to July 1 of the funding year. • The Priority 1 service must depend on the installation of the infrastructure. • The underlying Priority 1 service cannot have a service start date prior to July 1 of the funding year.

    29. Service Delivery Deadlines Non-Recurring Services • Must be delivered during the relevant funding year (July 1 – September 30) • Extensions can occur when: • A Funding Commitment Decision Letter (FCDL) is issued by USAC on or after March 1 of the funding year for which support is authorized (AutoE) • Service provider change authorizations or service substitution authorizations are approved by USAC on or after March 1 of the funding year for which support is authorized (AutoE) • The applicant requested an extension because the service provider was unable to complete delivery and installation for reasons beyond the service provider's control (Before September 30th) • The applicant requested an extension because the service provider has been unwilling to complete delivery and installation after USAC withheld payment for those services on a properly-submitted invoice for more than 60 days after submission of the invoice (Before September 30th)

    30. Invoice Deadline Last Day of Service 30 31 31 31 31 31+31+30+28 = 120 Last Date to Invoice

    31. Invoice Deadlines • Invoices must be postmarked no later than: • 120 days after the last date to receive service, or • 120 days after the date of the Form 486 Notification Letter, whichever is later. • USAC provides for the extension of invoice deadlines under certain conditions.  These conditions include: • Authorized service provider changes • Authorized service substitutions • No timely USAC notice (e.g., the service provider's Form 486 Notification Letter is returned as undeliverable) • USAC errors (for example, in data entry) that ultimately result in a late invoice • Documentation requirements that necessitate third-party contact or certification • Natural or man-made disasters that prevent timely filing of invoices • "Good Samaritan" BEARs • Circumstances beyond the service provider's control

    32. ITS State Master Contracts

    33. ITS Contract Sheet

    34. Using ITS Single Award Contracts • For Single Award Contracts, there is only one provider • ATT (4000-1): WAN services, In-StateLD, Out of State LD, POTS, Centrex, Voice Mail, WAN Equipment • Cspire (RFP3489): Cellular and Blackberry • Do you have to solicit quotes? • Yes, for your Item 21 Attachment • It is a good practice, but you are not required to obtain a quote for each Funding Request Number, especially if it is for recurring services.

    35. Using ITS Multi-Award Contracts • The only one we have that is e-rate eligible is the Switch EPL • EPL 3548 • MDE paid ITS to create this specifically for Districts • You will have to solicit quotes from all vendors, just as you have in the past. • IT Hardware EPL 3658 • Desktop and mobile-based computers, monitors, engineering and GIS-Level workstations, laser and inkjet printers, large format printers and plotters, interactive whiteboards, projectors, large displays, Windows-based servers, storage, UPS, rack, switches, wireless components, thin client systems, video conferencing equipment, and AV components. • The IT Hardware EPL replaces the former Micro 3605 EPL and the Computer Hardware 3630 EPL. Both of these EPLs expired June 30, 2011 and may no longer be used • The IT Hardware EPL is valid through June 30, 2014

    36. Questions about ITS Contracts

    37. Your Own Procurement/Bidding Process InLine Here! Telepak Here! Comcast Here! AT&T Here!

    38. State Purchasing Guidelines for Non-State Contract Purchasing • $0-$5,000 • May purchase without advertising or otherwise requesting competitive bids, unless the purchasing agency or entity has established more stringent procedures (your district may have its own guidelines).

    39. State Purchasing Guidelines for Non-State Contract Purchasing • $5,001-$50,000 • May purchase without advertisement for bids, provided at least two competitive written bids have been obtained.

    40. State Purchasing Guidelines for Non-State Contract Purchasing • $50,001 and above • Advertise, issue written specifications and received sealed bids or proposals.

    41. State Purchasing Guidelines • Large projects -You may hire ITS to help you • Procurement guidelines • www.its.ms.gov/procurement.shtml

    42. Procurements… • Lifecycle Cost • The lifecycle cost of an information technology project means the total committed costs of the project, not just the initial or up-front costs. Lifecycle cost includes all costs associated with obtaining the item and maintaining and operating it for its projected lifecycle. Initial or one-time costs might include purchase price, freight, installation, and training. Ongoing costs include such expenses as post-warranty maintenance; support, including help desk charges, upgrade charges, and on-site vendor personnel; and any recurring usage charges. • $5,000 per month, for a three year contract has the Lifecycle Cost of $180,000 ($5000 per month*12 months * 3 years =$180,000) • Do IT services have to be bid? • Yes, Section 25-53-3 of the Mississippi Code of 1972 defines ITS' authority over the acquisition of any information technology, computer or telecommunications equipment, electronic word processing and office systems, or services utilized in connection therewith, including, but not limited to, all phases of computer software and consulting services and insurance on all state-owned computer equipment. Please note that, unlike public purchasing law, the statute that defines ITS' purview over technology acquisitions includes services. All technology services, whether for direct, hands-on skills such as application development and network support, or for such technology consulting services as technology studies, project management, technology advisory roles, qualilty assurance support, and facilities management, are within ITS purview. Reference 001-020 – Acquisitions with ITS Purview in the Procurement Handbook for more information.

    43. Yes, but….School Districts are Governing Authorities, not under ITS Purview. • Governing authorities (e.g. community/junior colleges, county boards of supervisors, school districts, municipalities) are not required to use ITS procurement procedures but may choose to do so as one way of meeting public purchasing requirements. • Public Purchasing Law: “Services do not have to be bid.” • Telecom Service • Cellular Service • Internet Service

    44. If You file your own 470 • You select your vendor and sign your own contract • If you choose an ITS State Master Contract (SMC) then you must cite your own 470 and you must use the date you decided to use the SMC as your Contract Award Date (CAD) • The CAD must be after the Allowable Contract Date (ACD) on the 470 (28days) • When audited, you will have to prove why you chose SMC, just as you have to prove why you chose any vendor

    45. Form 470 • When filing your Form 470, file under Telecommunications Services (Block 2, Item 8) and Internet Access (Block 2, Item 9) • For Priority One, WAN Services and Internet Access there are two types of providers • Telecom Provider (ATT, InLine, Telepak, Comcast) • Internet Service Provider (Cable Company, Research Network, Municipality) Form 470 Instructions Form 470

    46. Should applicants submit an FCC Form 470 for lit fiber under both the telecommunications and Internet access categories? • Yes. Any entity can provide supported telecommunications in whole or in part via fiber (whether lit or dark). • Applicants are encouraged to submit an FCC Form 470 indicating the desired service in both the telecommunications service and Internet access categories. • Once a provider is selected, an applicant should check the appropriate category of service on the FCC Form 471 application based on the type of provider they select to provide the fiber. • If the provider is an eligible telecommunications carrier, the applicant can select Telecommunications Services if they are purchasing telecommunications services and other services, such as Internet access. • If an eligible telecommunications carrier is providing only Internet access, and not telecommunications services, then the applicant must select Internet access. • All other providers should be listed under Internet Access.

    47. 470 Guidance • Purpose – to establish an e-rate eligible contract • Procurement Process must be Open and Fair • Open means there are not secrets in the process such as information shared with one bidder but not with others • Fair means that all bidders are treated the same and no bidder has advance knowledge of the project information • Must abide by State and Local Rules • Item 25 on the 470, “I certify that I have reviewed all FCC, State, and local procurement/competitive bidding requirements and that I have complied with them.”

    48. 470 Guidance • Price is the primary determining factor • “Lowest and best” • RFP is not required – but is recommended • The Bidding process must be open for 28 days • You cannot award the contract within 28 days • You cannot select your vendor within 28 days • You cannot file a Form 471 within 28 days

    49. 470 Guidance • “Service providers…sending a generic email to the applicant saying that the service provider can provide the general type of service requested is not considered a good faith response to a Form 470 posing and can be considered ‘spam’ and ignored by the applicant.” • An applicant “Not responding to a potential bidder promptly can result in compromised competitive bidding process which can result in funding denial.”

    50. 470 Guidance • “An applicant may choose to post questions received from potential bidders along with the applicant’s answers on the applicant’s website. Doing so would ensure that all potential bidders have access to the same information – a key component in the fair and open competitive bidding process.” • “You (an applicant) can set out specific requirements and disqualify bids that do not meet those requirements as long as you clearly identify the disqualification reasons on the 470 and/or your RFP. Disqualifications should be determined prior to any substantive bid evaluation. Disqualification reasons cannot be scored on a range, but rather a binary –i.e., the bidder either meets the standard or does not meet the standard.”