December 9, 2016<\/p>\n
The Category 2 competitive bidding rules\/requirements for PA applicants are somewhat complex because there are state-specific laws (for public schools) in addition to E-rate rules that must be followed.\u00a0 The following message outlines the options and requirements for PA public schools (as I understand them) and hopefully provides you with a step-by-step path to ensure your E-rate success.\u00a0 Attached is a PDF<\/a> of the information provided below in case the formatting is lost.<\/p>\n General Bidding Reminders for All Applicants:<\/strong><\/p>\n 1)\u00a0 E-rate rules require applicants that include a model number or manufacturer’s name to also include the words “or equivalent” on their Form 470\/RFP and then evaluate equivalent products that are bid.\u00a0 Applicants may state that such equipment must be compatible and interoperable with the school\/library\u2019s existing equipment (in which case the existing equipment should be identified).<\/p>\n 2)\u00a0 E-rate rules require that any bid disqualification reasons be stated in the State and Local Procurement Requirements of the Form 470 or in the RFP. \u00a0Disqualification reasons must be yes\/no (either they complied or they did not).<\/p>\n 3)\u00a0 Applicants should not contact a potential vendor prior to bidding to seek an equipment list (E-rate rule).<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0 Service providers are allowed to answer general<\/em> questions about the products and services they sell in response to applicant inquiries, but they may not prepare any part of a RFP or spec sheet\/bill of materials that will be used by the applicant for conducting a competitive bid procurement.<\/p>\n \u2013\u00a0\u00a0\u00a0\u00a0\u00a0 If you don\u2019t know exactly what equipment you need, you can contact several vendors for equipment suggestions, contract with an independent vendor that will not be bidding, or list general equipment needs on the bid (wireless controller, WAPs for 35 classrooms, and installation), and then perhaps conduct a site walk-through.<\/p>\n 4)\u00a0 Prevailing Wage Act:<\/em>\u00a0PA public school entities are required to comply with the Prevailing Wage Act for public works contracts which include \u2018construction, reconstruction, demolition, alteration and\/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of $25,000.\u2019\u00a0 Maintenance work is defined as the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.\u00a0 In speaking with several knowledgeable school officials, they believe that structured cabling projects costing more than $25,000 would be required to comply with the Prevailing Wage Act.\u00a0 You will want to check with your school district solicitor to determine if he or she believes the Prevailing Wage Act applies and if so, be sure to obtain a Prevailing Wage Determination from the PA Department of Labor and Industry (http:\/\/www.dli.pa.gov\/Individuals\/Labor-Management-Relations\/llc\/prevailing-wage\/Pages\/Prevailing-Wage-App.aspx<\/a>) and include this requirement and PW Determination in your structured cabling RFP\/procurement.\u00a0 (The federal Davis-Bacon Act does not apply to E-rate funds.)<\/p>\n 5)\u00a0 You must have a signed contract for all Category 2 funding requests before the Form 471 is filed.\u00a0 This can be as simple as a signed vendor quote as long as it contains this information:<\/p>\n — Contract signing date (must be on or before the Form 471 submission date).<\/p>\n — Term of contract (4\/1\/2017 – 9\/30\/2018 for equipment purchases).<\/p>\n — List of equipment\/quantities\/prices (or services) and installation costs.<\/p>\n — Whether you want the equipment\/services to be contingent upon E-rate funding approval.<\/p>\n Public School Bidding Options:<\/strong>\u00a0 Public school entities have several bidding options as outlined below.\u00a0 Please pay careful attention to all of the requirements of each option (in addition to the list of requirements noted above).<\/p>\n Option<\/strong> 1)<\/strong>\u00a0 File a Form 470 and issue an RFP:<\/strong>\u00a0 The RFP must be uploaded into the new Form 470 as the form is being created, and<\/em> the procurement must be advertised in at least 2 local newspapers of general circulation once a week for 3 consecutive weeks (done concurrently with the Form 470 bidding period).\u00a0 After a minimum<\/em> of 28 calendar days, schools must select the lowest price bid among all qualified proposals (those that met the minimum bid requirements outlined in the RFP).\u00a0 Under state law, schools are not<\/strong> permitted to consider other bid evaluation criteria besides price.\u00a0Schools will then contact the winning vendor to obtain a contract document (or final quote with exact quantities) for the District to sign.\u00a0 (C2 Equipment\/services costing between $10,300 – $19,399:\u00a0 If no RFP is issued, schools must request written or telephonic price quotations from at least three bidders, in addition the Form 470 bidding process.)\u00a0 A sample Internal Connections RFP is attached to this message that you are free to use\/modify as you see fit.<\/p>\n Best Practice<\/em> Timeline<\/em><\/strong>:\u00a0 Try to Post 470\/File RFP before you leave for the holiday break so you can have your board approve the contract at their February board meeting.<\/em><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>OR<\/strong><\/p>\n Option 2)<\/strong>\u00a0 Use the PEPPM contract and conduct a ‘PEPPM Mini-Bid’:<\/strong>\u00a0 Public schools using the PEPPM contract should NOT post a Form 470, but are required to conduct a ‘mini-bid’ of all product lines in a specific “Category” and then consider all bids submitted by vendors.\u00a0 Categories are wireless equipment, switches, routers, firewalls, UPSs, cabling\/connectors, racks, and caching servers.\u00a0 A complete guide to conducting a PEPPM Mini-Bid is coming in a separate listserve message and will explain how to conduct the PEPPM mini-bids. \u00a0There is no 28-day mini-bid requirement, but you should give vendors at least 14 calendar days to submit proposals.\u00a0 Using the prices contained in the proposals submitted, schools will then create a bid evaluation to select the successful vendor.\u00a0 Price of eligible equipment\/services must<\/strong> be the most heavily weighted factor, but you may<\/strong> consider other factors such as previous experience with the District, references, cost to train or certify staff on new equipment, etc. \u00a0Schools will then contact the winning vendor to obtain a contract document (or final quote with exact quantities) for the District to sign.<\/p>\n Best Practice Timeline:<\/em><\/strong>\u00a0 Release your mini-bid vendor requests no later than early January, then conduct your bid evaluation and select your vendor by the end of January so you can have your board approve the award at their February board meeting.<\/em><\/p>\n If you have any questions related to the information contained in this message, please don’t hesitate to contact me at jtschell@comcast.net<\/a>.\u00a0 Reminder, the complete guide to conducting a PEPPM Mini-Bid is coming in the next listserve message.<\/p>\n — Julie<\/p>\n Julie Tritt Schell penn*link<\/p>\n\n
\nPA E-rate Coordinator
\no – 717-730-7133
\nf – 717-730-9060
\njtschell@comcast.net<\/a>
\nwww.e-ratepa.org<\/a><\/p>\n