July 2000 Announcements
Please click on the topic below to view the most recent announcements:
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SLD Clarifies Procedures on Appeals (07/13/2000)
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We have advised those who disagree with a funding decision to appeal to the
SLD or to the FCC and to be sure that the appeal is received within 30 days
from the date on the decision letter. Please note, however, that appellants
should NOT send appeals to BOTH the SLD and the FCC simultaneously. FCC's rules
do not contemplate concurrent appeals, and, if it receives an appeal that is
also under review by the SLD, it dismisses the appeal. Once the SLD decision
is issued, if the appellant still disagrees with the outcome, an appeal may
be submitted to the FCC. An appeal to the FCC must be received by the FCC within
30 days of the date on the SLD appeal decision letter.
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SLD Will Process Service Provider Change Requests
that Can Be Approved Under pre-Copan Guidelines (07/31/2000)
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The SLD has received guidance from the Federal Communications Commission (FCC)
on how to proceed with requests for changes in service providers, pending the
final outcome of the Copan review that the FCC is currently undertaking. (In
an Order released on March 16, 2000 - FCC 00-100 - the Commission granted an
appeal from Copan Public Schools, Copan, Oklahoma, and provided new direction
on allowable changes in service providers. The Universal Service Administrative
Company filed an Administrator's Petition for Clarification and/or Reconsideration
with the Commission on April 14, 2000, and the Commission is reviewing the questions
raised in that petition.)
SLD will process the SPIN change requests that it currently has on hand. We
will approve any requests that satisfy the guidelines that were in effect prior
to Copan. We will not deny any requests at this time; we will hold any requests
that we are unable to approve under the previous guidelines and review them
again once the FCC has issued further guidance.
What are Allowable SPIN Changes?
A SPIN Change is a request to substitute one service provider for another after
the filing of Form 471. The three (3) categories of allowable SPIN corrections,
and their relevant restrictions, are as follows:
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1.
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Your service provider has breached its contract with you: If you
feel your original vendor has breached its contract with you, you must
follow four (4) important steps (in addition to any required under your
local procurement rules) before you can request a SPIN change:
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a)
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Confirm that your contract allows for termination under these circumstances.
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b)
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Officially notify the service provider that you consider the contract
to have been breached, and offer a reasonable time period in which the
service provider can attempt to cure the breach.
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c)
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Confirm that the service provider has received your notification of breach
of contract.
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d)
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Allow the service provider the entire cure period to resolve the breach
before acting to terminate the contract.
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The SLD will require documentation that you have followed these steps.
If you have done so, you can choose a substitute service provider and
request a SPIN change if you also meet the following conditions:
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a)
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Your local procurement rules allow a substitution of service providers
under these
circumstances; and
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b)
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The substitute vendor participated in the original procurement proceedings
(such as your original Form 470 posting) by submitting a full and adequate
response; and
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c)
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You'll be requesting NO additional E-rate funds for this service.
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d)
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If there are no possible substitute vendors from among those who responded
during your original procurement proceeding (either your original Form
470 posting or procurement proceedings that concluded before the launch
of the SLD Web site on January 30, 1998), you will not be permitted to
change providers until you have filed a new Form 470 and completed a new
procurement process.
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2.
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Your original service provider now refuses to participate in the E-rate
program: If the service provider you designated on your Form 471 has
now decided not to participate in the program, you will be asked to provide
documentation of both the vendor's refusal to participate and your notification
to the vendor that you are therefore terminating the contract or relationship.
You may then select a substitute vendor if:
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a)
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Your local procurement rules allow such a substitution; and
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b)
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The substitute vendor participated in the original procurement proceedings
(such as your original Form 470 posting or procurement proceedings that
concluded before the launch of the SLD Web site on January 30, 1998) by
submitting a full and adequate response; and
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c)
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You'll be requesting NO additional E-rate funds for this service.
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d)
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If there are no possible substitute vendors from among those who responded
during your original procurement proceeding, you will not be permitted
to change providers until you have filed a new Form 470 and completed
a new procurement process.
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3.
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Your service provider has gone out of business: If your service
provider has ceased operations, you may request a SPIN change to that
of the successor company (if there is one) or a substitute service provider.
In either case, you will be asked to document that your original vendor
has gone out of business. Then:
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a)
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If there is a successor company, you'll need to provide documentation
of the successor's assumption of the original service provider's business.
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b)
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If you choose a substitute service provider instead, you must meet these
three conditions:
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i.
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Your local procurement rules allow a substitution of service providers
under these circumstances; and
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ii.
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The substitute vendor participated in the original procurement proceedings
(such as your original Form 470 posting or procurement proceedings that
concluded before the launch of the SLD Web site on January 30, 1998) by
submitting a full and adequate response; and
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iii.
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You'll be requesting NO additional E-rate funds for this service.
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How to Request a SPIN Change
You can request an allowable SPIN Change after a funding commitment has been
made.
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Write your SPIN Change request in the form of a letter. Mark very clearly
at the top of the letter, "SPIN Change Request." In the body of the letter,
you must include:
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your Form 471 Application Number;
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your Billed Entity Number;
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the Funding Request Number (FRN) for which you are requesting the change;
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the original Service Provider name and SPIN;
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the requested Service Provider name and SPIN;
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an explanation of how your SPIN Change request fits one of the allowable
categories; and
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complete contact information so our SPIN team can reach you easily.
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2.
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Send this letter to: SPIN Change Request, Schools and Libraries Division,
Box 125-Correspondence Unit, 80 S. Jefferson Road, Whippany, NJ 07981.
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3.
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Once your SPIN Correction or SPIN Change has been made, we will notify
you and your affected service provider(s) by mail.
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Content Last Modified: June 24, 2003
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