A state master contract is a contract that is competitively bid and put in place by a state government entity for use by an eligible entity.
Citing the FCC Form 470 on the Funding Request
If the state files an FCC Form 470:
- The applicant cites the state’s FCC Form 470 on its FCC Form 471. The state must follow a competitive bidding process pursuant to Federal Communications Commission (FCC) requirements and state procurement laws.
- The applicant is required to follow the applicable provisions of the state master contract and state and local procurement laws. No separate bidding documents or contracts are required by the applicant citing the state’s FCC Form 470, other than what is required by the state master contract and state and local procurement laws. The signed state master contract between the state and the service provider meets the FCC signed contract requirement.
If the applicant files an FCC Form 470 and considers a state master contract as one of the bids received:
- The applicant must follow a competitive bidding process pursuant to FCC requirements and state and local procurement law. Price of the eligible products and services must be the primary factor in the evaluation – that is, it must be weighted more heavily than any other factor.
- NOTE: If the applicant chooses to consider a state master contract as a bid response, it must also consider all other applicable state master contracts as bid responses. However, if the applicant only considers bids received – and one or more of those bidders has a state master contract – the applicant does not have to consider other applicable state master contracts as bids.
- If the applicant selects the state master contract as the most cost-effective option, the applicant is required to follow the applicable provisions of the state master contract, state contract law, and state and local procurement laws. The signed state master contract between the state and the service provider meets the FCC signed contract requirement.
- The applicant cites its own FCC Form 470 on its FCC Form 471, whether it chooses the state master contract or another bid as the most cost-effective service offering.
Conducting a Mini-Bid Evaluation
If the state awards contracts to multiple service providers as a result of its posted FCC Form 470 and competitive bidding process – what we refer to as a multiple award schedule – the applicant must conduct a bid evaluation for all service providers able to provide services to the applicant under these contracts (a mini-bid process).
To conduct a mini-bid process, the applicant determines the factors to use for its evaluation – with the price of the eligible products and services as the most heavily-weighted factor – scores the service providers appropriately, and chooses the most cost-effective solution.
- The applicant does not need to post an FCC Form 470 to conduct a mini-bid.
- The applicant does not need to conduct a mini-bid if only one service provider is able to provide service. For example, if three service providers sign contracts with the state pursuant to the state-filed FCC Form 470 but only one of the service providers can provide service in the applicant’s geographic location, a mini-bid is not required.
Reporting the Contract Award Date
The contract award date shall not be earlier than the 29th day after the posting of the FCC Form 470. If an applicant files its own FCC Form 470 and chooses either a new or a pre-existing state master contract as the most cost-effective bid, the applicant should record its decision to purchase off the state master contract after the bidding process is complete and record the date of this memorialization as the contract award date on the FCC Form 471.
State Master Contract Requirements
If the state master contract requires the issuance of purchase orders or contains other requirements for applicants, the applicants must meet those requirements.
For example, if the state master contract requires the applicant to issue a purchase order by July 1, then the applicant is required to meet that deadline.