** The FCC recently released their 5th Report and Order, which includes changes to the certifications on forms, tech plans, recovery of funds, and document retention. Because each of these topics is lengthy and deserves its own attention, I've divided my analysis of the 5th Order into 4 sections. This is the first, and it deals with the new certifications you'll be required to make on your applications. **
New Applicant and Service Provider Certification Language
Message Posted September 22, 2004
The FCC, in an attempt to further curb waste, fraud and abuse in the E-rate program, has beefed up the certification language at the end of each of the E-rate forms to create a major tool for ensuring compliance with program rules. I realize most people don't read these certifications carefully, but you should begin doing so from now on. The new certifications are below, along with the penalties for false certifications.
For applicants:
Form 470: “All bids submitted will be carefully considered and the bid selected will be for the most cost-effective service or equipment offering, with price being the primary factor, and will be the most cost-effective means of meeting educational needs and technology plan goals.” (To reiterate, cost must be the most heavily weighted factor. So if you have 5 evaluation criteria when selecting your vendors, price must be at least 21% of the weight. If you have 3 criteria, price must be 34% of the weight, etc.)
Form 471: “All bids submitted were carefully considered and the most cost-effective bid for services or equipment was selected, with price being the primary factor considered, and is the most cost-effective means of meeting educational needs and technology plan goals.”
"This form is signed by the person authorized to order telecommunications and other supported services for the eligible school, library, or consortium"
"The entity(ies) is/are eligible to receive support and has/have secured access to all of the resources necessary to make effective use of the service purchased; the entity(ies) is/are covered by technology plans that have been or will be approved by a state or other authorized body; the entity(ies) has/have complied with program rules as well as all state and local laws regarding procurement of services; the services will be used solely for educational purposes and will not be sold, resold, or transferred; the applicant understands that the discount level used for shared services is conditional; and the applicant recognizes that its application may be audited."
And for service providers:
Form 473: “1. I certify that the prices in any offer that this service provider makes pursuant to the schools and libraries universal service support program have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;
“2. I certify that the prices in any offer that this service provider makes pursuant to the schools and libraries universal service support program will not be knowingly disclosed by this service provider, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
“3. I certify that no attempt will be made by this service provider to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. “
On all E-rate forms: "Persons willfully making false statements on this form can be punished by fine or forfeiture, under the Communications Act, 47 U.S.C. Secs. 502, 503(b), or fine or imprisonment under Title 18 of the United States Code, 18 U.S.C. Sec. 1001." 'False statements' refer not only to information entered into a form’s data fields, but to the certifications attested to by the signer.
Moral... Please read your E-rate forms carefully before signing them.
-- Julie
Julie Tritt Schell
jtschell@comcast.net
(717) 730.7133 (voice)
(717) 730.9060 (fax)
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