FCC 54.511 Revised as of December 4, 2012
Goto Year:2011 |
§ 54.511 Ordering services.
(a) Selecting a provider of eligible services. In selecting a provider
of eligible services, schools, libraries, library consortia, and
consortia including any of those entities shall carefully consider all
bids submitted and must select the most cost-effective service
offering. In determining which service offering is the most
cost-effective, entities may consider relevant factors other than the
pre-discount prices submitted by providers, but price should be the
primary factor considered.
(b) Lowest corresponding price. Providers of eligible services shall
not charge schools, school districts, libraries, library consortia, or
consortia including any of these entities a price above the lowest
corresponding price for supported services, unless the Commission, with
respect to interstate services or the state commission with respect to
intrastate services, finds that the lowest corresponding price is not
compensatory. Promotional rates offered by a service provider for a
period of more than 90 days must be included among the comparable rates
upon which the lowest corresponding price is determined.
(c) Existing contracts. (1) A signed contract for services eligible for
discounts pursuant to this subpart between an eligible school or
library as defined under § 54.501 or consortium that includes an
eligible school or library and a service provider shall be exempt from
the requirements set forth in § 54.503 as follows:
(i) A contract signed on or before July 10, 1997 is exempt from the
competitive bid requirements for the life of the contract; or
(ii) A contract signed after July 10, 1997, but before the date on
which the universal service competitive bid system described in
§ 54.503 is operational, is exempt from the competitive bid
requirements only with respect to services that are provided under such
contract between January 1, 1998 and December 31, 1998.
(2) For a school, library, or consortium that includes an eligible
school or library that takes service under or pursuant to a master
contract, the date of execution of that master contract represents the
applicable date for purposes of determining whether and to what extent
the school, library, or consortium is exempt from the competitive bid
(d)(1) The exemption from the competitive bid requirements set forth in
paragraph (c) of this section shall not apply to voluntary extensions
or renewals of existing contracts.
(2) For the 1998-1999 funding year, a contract exempt from the
competitive bid requirement, as described in paragraph (c) of this
section, may be voluntarily extended to September 30, 1999 only to the
extent necessary to permit delivery of the nonrecurring services
subject to that contract and for which discounts have been approved.
[ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2130 , Jan. 13, 1998;
63 FR 33586 , June 19, 1998; 63 FR 43097 , Aug. 12, 1998; 63 FR 70572 ,
Dec. 21, 1998; 64 FR 22810 , Apr. 28, 1999; 68 FR 36942 , June 20, 2003;
75 FR 75415 , Dec. 3, 2010]
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