§ 54.603   Competitive bidding and certification requirements.

   (a)  Competitive bidding requirement. To select the telecommunications
   carriers that will provide services eligible for universal service support
   to  it under the Telecommunications Program, each eligible health care
   provider shall participate in a competitive bidding process pursuant to the
   requirements established in this section and any additional and applicable
   state, Tribal, local, or other procurement requirements.

   (b) Posting of FCC Form 465. (1) An eligible health care provider seeking to
   receive telecommunications services eligible for universal service support
   under the Telecommunications Program shall submit a completed FCC Form 465
   to the Administrator. FCC Form 465 shall be signed by the person authorized
   to order telecommunications services for the health care provider and shall
   include, at a minimum, that person's certification under oath that:

   (i) The requester is a public or non-profit entity that falls within one of
   the seven categories set forth in the definition of health care provider,
   listed in § 54.600(a);

   (ii) The requester is physically located in a rural area;

   (iii) [Reserved]

   (iv) The requested service or services will be used solely for purposes
   reasonably related to the provision of health care services or instruction
   that the health care provider is legally authorized to provide under the law
   in the state in which such health care services or instruction are provided;

   (v)  The  requested  service  or  services will not be sold, resold or
   transferred in consideration of money or any other thing of value; and

   (vi) If the service or services are being purchased as part of an aggregated
   purchase with other entities or individuals, the full details of any such
   arrangement, including the identities of all co-purchasers and the portion
   of the service or services being purchased by the health care provider.

   (2) The Rural Health Care Division shall post each FCC Form 465 that it
   receives from an eligible health care provider on its website designated for
   this purpose.

   (3) After posting an eligible health care providers FCC Form 465 on the
   Rural Health Care Corporation website, the Rural Health Care Division shall
   send confirmation of the posting to the entity requesting services. The
   health care provider shall wait at least 28 days from the date on which its
   FCC Form 465 is posted on the website before making commitments with the
   selected telecommunications carrier(s).

   (4) After selecting a telecommunications carrier, the health care provider
   shall  certify  to the Rural Health Care Division that the provider is
   selecting the most cost-effective method of providing the requested service
   or services, where the most cost-effective method of providing a service is
   defined  as the method that costs the least after consideration of the
   features, quality of transmission, reliability, and other factors that the
   health care provider deems relevant to choosing a method of providing the
   required health care services. The health care provider shall submit to the
   Administrator paper copies of the responses or bids received in response to
   the requested services.

   (5) The confirmation from the Rural Health Care Division shall include the
   date  after  which  the  requester may sign a contract with its chosen
   telecommunications carrier(s).

   [ 62 FR 32948 , June 17, 1997, as amended at  62 FR 41304 , Aug. 1, 1997;  63 FR 2131 , Jan. 13, 1998;  68 FR 74502 , Dec. 24, 2003;  78 FR 13983 , Mar. 1, 2013]

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