- 1.THE e-NC AUTHORITY REQUEST FOR PROPOSALSTITLE: Web-Enabled
Data Mining for Collection of Broadband Data for e-NC CONTRACTING
AGENCY:The Rural Economic Development Center, Inc.,as agent forThe
e-NC AuthorityISSUE DATE:December 7, 2009ISSUING AGENCY:The Rural
Economic Development Center, Inc.,as agent forThe e-NC
Authority4021 Carya DriveRaleigh, North Carolina 27610Sealed
Proposals subject to the conditions made a part hereof will be
received until 5:00 p.m., January 6, 2009 for furnishing services
described herein.SEND ALL PROPOSALS DIRECTLY TO THE ISSUING AGENCY
ADDRESS SHOWN ABOVE.IMPORTANT NOTE: Indicate firm name and RFP
Title above on the front of each sealed proposal envelope or
package.Direct all inquiries concerning this RFP to: Jane Smith
PattersonThe e-NC Authority4021 Carya DriveRaleigh, NC
[email protected]
2. I. IntroductionThe e-NC Authority is a State authority
created by the N.C. General Assembly to manage, oversee, promote,
and monitor efforts to provide rural counties and distressed urban
areas with high-speed broadband Internet, per Session Law 2003-425.
By legislative mandate, the e-NC Authority is housed and staffed by
the N.C. Rural Economic Development Center (Center), a 501(c) 3
organization. The Center acts under contract as the fiscal and
contracting agent for the e-NC Authority.Overview of broadband
mapping project:The e-NC Authority was recently awarded a grant
from the National Telecommunications and Information Administration
(NTIA) of the U.S. Department of Commerce under the State Broadband
Data and Development Grant Program. The purpose of the grant
program is to enable states to collect comprehensive and accurate
state-level broadband mapping data and to develop state-level
broadband maps, with these efforts aimed at aiding in the
development and maintenance of a national broadband map, as well as
to provide planning funds for broadband within states such as North
Carolina. This North Carolina mapping and planning project under
the e-NC Authority is titled NC BRIM, NC Broadband Rigor in
Mapping.The data collection and mapping process to be conducted by
the e-NC Authority for this project, and outlined in the proposal
submitted to NTIA, requires e-NC to gather data using multiple
methods: Collecting data directly from Broadband Service Providers
Collecting provider data through a national data corporation which
uses Web crawlingtechniques Collecting broadband consumer data at
the local level Conducting radio wave propagation prediction
modeling (using GIS) to determinewireless coverage in North
Carolina Conducting surveys of citizens to verify broadband
availability in North Carolina Conducting a survey to assess
broadband use among institutions and households inNorth CarolinaThe
e-NC Authority plans to issue Requests For Proposals (RFPs) for
specific work efforts identified in the e-NC Application to the
NTIA Commerce under the State Broadband Data and Development Grant
Program. All awarded contracts under these RFPs will be funded
pursuant to the e-NC BRIM Project and subject to the NTIA Grant
Program. These RFPs are identified by the work efforts as: Database
Development and Maintenance for e-NC Web-Enabled Data Mining for
Collection of Broadband Data for e-NC GIS Mapping/Hosting for e-NC
Collecting Broadband Data at the Consumer Level Survey Analysis of
Broadband Adoption and Strategic GapsAll data will be mapped into
the e-NC Authoritys Geographic Information System (GIS) mapping
program. All broadband provider data must be submitted to the NTIA
as outlined in the National Telecommunications and Information
Administration (NTIA) State Broadband Data and Development Grant
Program Notice of Funds Availability (NOFA) published as 74 FR
32545, RIN 0660-ZA29. Work for the mapping project must be carried
out pursuant to the American2 3. Recovery and Reinvestment Act
(PL111-5) and the Broadband Data Improvement Act (PL 110- 385),
together with amendments to such laws and amendments made to the
NOFA as published in the Federal Register from time to time. The
mapping project referred to above spans a two year period, with the
possibility of additional funding at the end of that time from
NTIA. The planning work conducted under this same grant program
spans a five year period.Purpose of this RFP:The purpose of this
RFP and any resulting contract award is to solicit proposals for
utilization of Web-enabled data mining to collect broadband service
provider data as one of the multiple data collection methods under
the State Broadband Data and Development Grant. The e-NC Authority
is seeking a vendor to collect broadband service provider data
using necessary Web crawling and analytical tools, and to provide
this data to the e-NC Authority in the format required by the NOFA.
II. Bidding InformationA. Instructions to VendorsAdditional
acronyms, definitions and abbreviations may be included in the text
of the RFP.1) SUBMISSION OF PROPOSALS: Proposals submitted via
e-mail or facsimile (FAX) machine will not be accepted. One
hardcopy signed original and one electronic copy of this
application (on CD or flash drive), and all relevant materials,
must be received by the deadline date stated on the front page of
this RFP. 2) QUESTIONS REGARDING RFP: The e-NC Authority will
respond to questions submitted via e-mail to [email protected]. The
deadline for questions is outlined in the Timeline section below.
The questions will be answered to the submitter and all questions
and responses will be posted on the e-NC Web site. Without
exception, the only binding sources for RFP information and answers
to specific questions will be (1) this RFP document and (2) answers
to specific questions posted on the e-NC Web site at:
http://www.e-nc.org/rfp.asp . 3) EXECUTION: Failure to sign under
EXECUTION section will render proposal invalid. 4) FAILURE TO MEET
PROPOSAL REQUIREMENTS: While it is not anticipated that the awarded
Vendor will fail to meet the proposal requirements, if such should
occur, the right is reserved to further evaluate the responses to
this RFP and then to recommend an award to the next Vendor response
that represents the best interest of the State. B. General
Information on Submitting Proposals1. COMPETITIVE OFFER: The signer
of any proposal submitted in response to this RFPthereby certifies
that this proposal has not been arrived at collusively or otherwise
inviolation of either Federal or North Carolina antitrust laws.2.
ORAL EXPLANATIONS: The e-NC Authority shall not be bound by oral
explanations orinstructions given at any time during the
competitive process or after award. 3 4. 3. REFERENCE TO OTHER
DATA: Only information which is received in response to thisRFP
will be evaluated; reference to information previously submitted
shall not be evaluated.4. COST FOR PROPOSAL PREPARATION: Any costs
incurred by Offerors in preparing orsubmitting offers are the
Offerors' sole responsibility; the e-NC Authority will not
reimburseany Offeror for any costs incurred prior to award.5. TIME
FOR ACCEPTANCE: Each proposal shall state that it is a firm offer
that may beaccepted within a period of 60 days. Although the
contract is expected to be awarded priorto that time, the 60 day
period is requested to allow for unforeseen delays.6. TITLES:
Titles and headings in this RFP and any subsequent contract are for
convenienceonly and shall have no binding force or effect.7.
CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the
Offeror agrees not todiscuss or otherwise reveal the contents of
the proposal to any source outside of the usingor issuing agency,
government or private, until after the award of the contract.
Offerors notin compliance with this provision may be disqualified,
at the option of the e-NC Authority,from contract award. Only
discussions authorized by the issuing agency are exempt fromthis
provision.8. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries,
or correspondence relatingto or in reference to the RFP, and all
other reports, charts, displays, schedules, exhibits, andother
documentation submitted by the Offerors shall become the property
of the State whenreceived.9. OFFERORS REPRESENTATIVE: Each Offeror
shall submit with its proposal the name,address, and telephone
number and email address of the person(s) with authority to bindthe
firm and answer questions or provide clarification concerning the
firm's proposal.10. SUBCONTRACTING: Offerors may propose to
subcontract portions of the work provided that their proposals
clearly indicate what work they plan to subcontract and to whom and
that all information required about the prime contractor is also
included for each proposed subcontractor. Any subcontracting must
be approved by the Authority and contracts with the subcontractor
should be submitted to the Authority prior to final signing with
the subcontractor.11. PROPRIETARY INFORMATION: Trade secrets or
similar proprietary data which the Offeror does not wish disclosed
to other than personnel involved in the evaluation or contract
administration must be identified as follows: Each page shall be
identified in boldface at the top and bottom as "CONFIDENTIAL". Any
section of the proposal which is to remain confidential shall also
be so marked in boldface on the title page of that section. Cost
information may not be deemed confidential. In spite of what is
labeled as confidential, the determination as to whether or not it
is shall be determined by North Carolina law. C. General Conditions
for ProposalsDefinitions, Acronyms and Abbreviations. The following
are defined terms: a) e-NC or Authority: The e-NC Authority. b)
Vendor: Company, firm, corporation, partnership, individual, etc.,
submitting a response to a solicitation.4 5. c) RFP: Request for
Proposalsd) NTIA: National Telecommunications and Information
Administration of the U.S.Department of Commercee) NIST: National
Institute of Standards and Technology of the U.S. Department
ofCommerce, and the contracting entity for NTIA grantsf) SBDD:
State Broadband Data and Development Grant Program of the NTIAg)
ARRA: American Recovery and Reinvestment Acth) NOFA: Notice of
Funding AvailabilityContract Term: A contract awarded pursuant to
this RFP shall have an effective date as provided in the Notice of
Award. The term shall be up to two (2) years, and will expire upon
the anniversary date of the effective date unless otherwise stated
in the Notice of Award, or unless terminated earlier. The e-NC
Authority retains the option to extend this contract at its sole
discretion.D. Evaluation Process Vendors must submit technical and
cost proposals at one time. Incomplete submissions will be
disqualified. Vendors must be available during the evaluation
period to answer any questions in an expedited manner. Proposals
will be evaluated based on the vendors understanding of the
required solution, their explanation of how they will meet it and
the overall best fit for the needs of this project. References from
current and previous clients will be factored in to the decision-
making process. Vendors ability to meet the estimated timeline is
critical.Negotiations, if any, shall be conducted in the discretion
of the e-NC Authority as part of the evaluation and award
processes.Timeline The e-NC Authority will make every effort to
adhere to the following schedule: RFP to be released Dec 7 Written
questions due by Dec 16 at 5pm Response to written questions posted
by Dec 18 at 5pm Proposal submission due by Jan 6 at 5pm Proposal
evaluation Jan 7-8 Finalist notified Contract in place by Jan 22
Section III. Technical Specifications/Work StatementWork Statement.
The e-NC Authority is requesting proposals that address all of the
following work items:Collection of broadband service provider data
using leading-edge Web-mining and analytical tools, for submission
to the e-NC Authority in the format specified by the State
Broadband Data and Development Grant NOFA.The e-NC Authority is
seeking a vendor to utilize leading-edge Web-enabled data mining
techniques to apply to extracting data sets that reveal information
needed to satisfy NTIAs specified data mapping requirements.
Companies under consideration for this initiative must have at
least six years of experience providing telecommunications and
cable companies with5 6. strategic intelligence reports about their
competitors. This data collection solution is inherently provider
neutral and accountable in that it involves complex proprietary
deep Web crawling algorithms.The successful bidder must have the
Web crawling and analytical tools necessary to collect bi- annual
data sets to be provided to the NTIA, via e-NC, per the
requirements in the NOFA and any amendments or clarifications made
to the NOFA as published in the Federal Register from time to time.
Specifically, the vendor must provide data in the format outlined
in the Technical Appendix of the NOFA in sections 1.(a), 2.(a),
3.(a) and 3.(b), and as updated by the NOFA clarification published
in August 2009. Vendor must be willing to work with the e-NC
Authority to provide data per any future changes made by NTIA to
these data collection requirements. Federal Communication
Commission registration numbers will be provided by e-NC and are
not required to be supplied by the vendor.The reporting format for
this data is a plain text, tab-delineated file, as stated in the
NOFA.Also as part of this work, the vendor must provide technical
input to the e-NC Authority, as relevant, as part of e-NCs overall
assessment of the data collection and verification process of the
broadband mapping grant. Vendor will be asked to participate in
meetings of the Technical Advisory Committee of this mapping grant,
and the Data Confab to be held in spring 2010, as outlined in the
e-NC grant proposal to the NTIA.Experience required: Vendor must
have no less than 6 years of experience providing this type of work
for clients, including up-to-date experience with Web-mining
technology. Vendor must provide at least two references from
current or previous clients. Section IV. Cost ProposalVendors must
submit a detailed cost proposal, with a listing and description of
proposal costs covering all of the work required in this bid.
Proposal costs must be broken down by function and may include:a.
Personnel Costs (including hourly rates and total hours)b. Any
necessary Travel Expenses (Travel costs are subject to limitations
imposed byNorth Carolina General Statute (N.C.G.S.) 138-6 and the
State Budget Manual).c. Software fees or costsd. Other Costs (e.g.
office expenses)The cost proposal shall be submitted together in
one packet with rest of the RFP response. Section V. Terms and
ConditionsA. Terms and conditions of the agreement awarded pursuant
to this RFP shall be established in the Contracted Services
Agreement, in substantial compliance with the Contracted Services
Agreement annexed hereto as Exhibit E. B. The following terms and
conditions shall be incorporated into the Contracted Services
Agreement awarded pursuant to this RFP: 6 7. a. GOVERNING LAWS,
JURISDICTION, AND VENUE. This Agreement is madeunder and shall be
governed and construed in accordance with the laws of theState of
North Carolina. The place of this Agreement or purchase order, its
situsand forum, shall be Wake County, North Carolina, where all
matters, whethersounding in contract or in tort, relating to its
validity, construction, interpretationand enforcement shall be
determined. Vendor agrees and submits, solely formatters relating
to this Agreement, to the jurisdiction of the courts of the State
ofNorth Carolina, and stipulates that Wake County shall be the
proper venue for allmatters..b. INDEPENDENT CONTRACTOR: The Vendor
shall be considered to be anindependent contractor and as such
shall be wholly responsible for the work tobe performed and for the
supervision of its employees. The Vendor representsthat it has, or
will secure at its own expense, all personnel required in
performingthe services under this agreement. Such employees shall
not be employees of,or have any individual contractual relationship
with the Agency.c. KEY PERSONNEL: The Vendor shall not substitute
key personnel assigned tothe performance of this contract without
prior written approval by the AgencysContract Administrator. The
individuals designated as key personnel forpurposes of this
contract are those specified in the Vendors proposal.d.
SUBCONTRACTING: Work proposed to be performed under this contract
by theVendor or its employees shall not be subcontracted without
prior written approvalof the Agencys Contract Administrator.
Acceptance of an Vendors proposalshall include any subcontractor(s)
specified therein.e. CARE OF PROPERTY: The Vendor agrees that it
shall be responsible for theproper custody and care of any property
furnished it for use in connection withthe performance of this
contract or purchased by it for this contract and willreimburse the
State for loss of damage of such property.f. ACCESS TO PERSONS AND
RECORDS: The State Auditor shall have accessto persons and records
as a result of all contracts or grants entered into by
Stateagencies or political subdivisions in accordance with North
Carolina GeneralStatute 147-64.7.g. The Vendor shall retain all
records for a period of three years followingcompletion of the
contract.h. COMPLIANCE WITH LAWS: The Vendor shall comply with all
laws, ordinances,codes, rules, regulations, and licensing
requirements that are applicable to theconduct of its business, and
the NTIA / e-NC contract, including those of federal,state, and
local agencies having jurisdiction and/or authority.i. AFFIRMATIVE
ACTION: The Vendor shall take affirmative action in complyingwith
all Federal and State requirements concerning fair employment
andemployment of people with disabilities, and concerning the
treatment of allemployees without regard to discrimination by
reason of race, color, religion, sex,national origin, or
disability. 7 8. j. INSURANCE: During the term of the contract, the
Vendor at its sole cost andexpense shall provide commercial
insurance of such type and with such termsand limits as may be
reasonably associated with the contract. As a minimum,the
contractor shall provide and maintain the following coverage and
limits: i. Workers Compensation - The Vendor shall provide and
maintain Workers Compensation Insurance, as required by the laws of
North Carolina, as well as employers liability coverage with
minimum limits of $100,000.00, covering all of Vendors employees
who are engaged in any work under the contract. If any work is
subcontracted, the Vendor shall require the subcontractor to
provide the same coverage for any of its employees engaged in any
work under the contract. ii. Commercial General Liability - General
Liability Coverage on aComprehensive Broad Form on an
occurrencebasis in the minimumamount of $500,000.00 Combined Single
Limit. (Defense cost shall be inexcess of the limit of
liability.iii. Automobile - Automobile Liability Insurance, to
include liability coverage,covering all owned, hired
andnon-ownedvehicles, used inconnection with the contract. The
minimum combined single limit shall be$500,000.00 bodily injury and
property damage; $500,000.00uninsured/under insured motorist; and
$5,000.00 medical payment.iv. Providing and maintaining adequate
insurance coverage is a material obligation of the contractor and
is of the essence of this contract. All such insurance shall meet
all laws of the State of North Carolina. Such insurance coverage
shall be obtained from companies that are authorized to provide
such coverage and that are authorized by the Commissioner of
Insurance to do business in North Carolina. The Vendor shall at all
times comply with the terms of such insurance policies, and all
requirements of the insurer under any such insurance policies,
except as they may conflict with existing North Carolina laws or
this contract. The limits of coverage under each insurance policy
maintained by the contractor shall not be interpreted as limiting
the Vendors liability and obligations under the Agreement.v. Vendor
shall provide a statement that it has complied with
theserequirements in i-iv above at contract signing.k. Vendor may
be required to execute and deliver a Non-Disclosure Agreement(NDA)
in a form satisfactory to e-NC and consistent with the requirements
andlimitations of the NOFA.l. Vendor may be required to provide
progress reports on the project to the e-NCAuthority per a schedule
outlined in the contract with e-NC. Vendor must alsoprovide
relevant information to e-NC to fulfill the reporting requirements
under theAmerican Recovery and Reinvestment Act (ARRA) and the
Federal FundingAccountability and Transparency Act (Pub. L.
109-282). Requirements andschedule will be outlined in the contract
with e-NC.8 9. Section VI. Other Requirements and Special
TermsSpecial Terms and Conditions: See Exhibits A- E:A. Reference
Form B. Notice of Funds Availability (NOFA) Broadband Mapping, and
Notice of Funds Availability (NOFA) Clarification August 2009. C.
e-NC Application to NTIA. D. U.S. Dept. of Commerce Financial
Assistance Award to e-NC (contract), including U.S. Dept. of
Commerce Financial Assistance Award Standard Terms and Conditions,
U.S. Dept. of Commerce ARRA Award Terms, and Special Award
Conditions. E. Contracted Services Agreement to be used in
contracting any award under this RFP. Section VII. Proposal Content
and Organization1) This section should contain all relevant and
material information relating to the Vendorsorganization,
personnel, and experience that would substantiate its
qualifications andcapabilities to perform the services and/or
provide the goods described in this RFP. If anyrelevant and
material information is not provided, the offer may be rejected
fromconsideration and evaluation. Proposals will be considered and
evaluated based upon theVendors full completion and response to the
following, and any additional requirementsherein, or stated in a
separate Exhibit.2) Proposal Format. The proposals should be
organized in the exact order in which therequirements and/or
desirable performance criteria are presented in the RFP.
TheExecution page of this RFP must be placed at the front of the
Proposal. Each page shouldbe numbered. The proposal should contain
a table of contents, which cross-references theRFP requirement and
the specific page of the response in the Vendor's proposal.
Allproposals should be typewritten on standard 8 x 11 paper (larger
paper is permissible forcharts, spreadsheets, etc.) and placed
within a binder with tabs delineating each section.3) Vendors are
strongly encouraged to adhere to the following general instructions
in order tobring clarity and order to the proposal and subsequent
evaluation process: a) Elaborate proposals in the form of brochures
or other presentations beyond that necessary to present a complete
and effective proposal are not desired. b) The response should be
complete and comprehensive with a corresponding emphasis on being
concise and clear.4) Proposal Organization: The proposal should be
organized and indexed in the followingformat and should contain, at
a minimum, all listed items in the sequence indicated.a) Letter of
Transmittal - Each proposal must be accompanied by a letter of
transmittal that provides the following information: i) Identify
the submitting organization; ii) Identify the name, title,
telephone and fax number, along with an e-mail address of the
person authorized by the organization to contractually obligate the
organization;9 10. iii) Identify the name, title, telephone and fax
number, along with an e-mail address of the person authorized to
negotiate the contract on behalf of the organization; iv) Identify
the names, titles, telephone and fax number, along with an e-mail
address of the person to be contacted for clarification; v)
Acknowledge receipt of any and all amendments to this RFP.b) Table
of Contentsc) Proposal Summary. A proposal summary may be included
by Vendors to provide the Evaluation Committee with an overview of
the technical and business features of the proposal; however, this
material will not be used in the evaluation process unless
specifically referenced from other portions of the Vendors
proposald) Response to Technical Specifications/Work Statement i)
As part of this response, Vendor should explain the relevant
background and experience within the organization. ii) Also as part
of this response, Vendor should explain the project staffing and
organization plan, including note of any jobs that would be created
as a result of this project. Resumes of key program staff to work
on this project should be included. (Resumes will also be requested
for subcontractors that Vendor plans to have work on the project.)
iii) Vendor should explain how its proposed solution meets the
elements and purpose of this RFP, by clearly detailing its proposed
solution in the context of Section III of this RFP.e) References i)
For each area a vendor is bidding on, vendor must provide at least
two references from current or previous clients, on the Reference
Form attached as Exhibit Af) Cost Proposalg) Financial Statement i)
The vendors most recent audited financial statement or similar
evidence of financial stability shall be provided.h) Conflict of
Interest Statement: i. Provide a statement that no assistance in
preparing the response was received from any current or former
employee of the State of North Carolina whose duties relate(d) to
this RFP, unless such assistance was provided by the state employee
in his or her official public capacity and that neither such
employee nor any member of his or her immediate family has any
financial interest in the outcome of this RFP;i) Completed and
Signed Signature Page (see attached to RFP)j). Within each section
of their proposal, Vendors should address the items in the order
inwhich they appear in this RFP. Forms, if any provided in the RFP,
must be completed andincluded in the appropriate section of the
proposal. All discussion of proposed costs, rates,or expenses must
be presented with the cost response. 5) Any proposal that does not
adhere to these requirements may be deemed non-responsiveand
rejected on that basis.6) Vendors may attach other materials that
they feel may improve the quality of theirresponses. However, these
materials should be included as items in a separate appendix.10 11.
SIGNATURE PAGE OFFER AND ACCEPTANCE:By submitting this proposal to
the e-NC Authority, the potential contractor certifies the
following:This proposal is signed by an authorized representative
of the firm.The cost and availability of all equipment, materials,
and supplies associated with performing the services described
herein have been determined and included in the proposed cost.All
labor costs, direct and indirect, have been determined and included
in the proposed cost.The potential contractor has read and
understands the conditions set forth in this RFP and agrees to them
with no exceptions. EXECUTION:BIDDER:
__________________________________________________________STREET
ADDRESS: ___________________________________________________P.O.
BOX:
___________________________________________________________CITY,
STATE, ZIP:
____________________________________________________TELEPHONE
NUMBER: _______________________________________________FAX NUMBER:
______________________________________________________AUTHORIZED
SIGNATURE: ___________________________________________TYPED OR
PRINTED NAME: ___________________________________________TITLE:
____________________________________ _________________________DATE:
___________________________________________________________E-MAIL:
___________________________________________________________Therefore,
in compliance with this Request for Proposals, and subject to all
conditions herein, the undersigned offers and agrees, if this
proposal is accepted within 60 days from the date of the opening,
to furnish the subject services. THIS PAGE MUST BE SIGNED AND
INCLUDED IN YOUR PROPOSAL. Unsigned proposals will not be
considered. 11 12. EXHIBIT A 13. EXHIBIT BDEPARTMENT OF
COMMERCENational Telecommunications and Information
AdministrationState Broadband Data and Development Grant ProgramRIN
0660-ZA29AGENCY: The National Telecommunications and Information
Administration, U.S.Department of Commerce.ACTION: Notice of Funds
Availability (Notice) and solicitation of applications. SUMMARY:
The National Telecommunications and Information Administration
(NTIA), U.S.Department of Commerce, publishes this Notice to
announce the availability of funds pursuant tothe American Recovery
and Reinvestment Act of 2009 (Recovery Act), Public Law No.
111-5(Feb. 17, 2009), and the Broadband Data Improvement Act
(BDIA), Title I of Public Law No.110-385, 122 Stat. 4096 (Oct. 10,
2008) and to provide guidelines for the State Broadband Dataand
Development Grant Program (State Broadband Data Program or
Program). The StateBroadband Data Program is a competitive,
merit-based matching grant program that effects thejoint purposes
of the Recovery Act and the BDIA by funding projects that collect
comprehensiveand accurate state-level broadband mapping data,
develop state-level broadband maps, aid in thedevelopment and
maintenance of a national broadband map, and fund statewide
initiativesdirected at broadband planning.DATES: Applications will
be accepted from July 14, 2009 at 8:00 a.m. Eastern Time (ET)
untilAugust 14, 2009 at 11:59 p.m. ET.ADDRESSES: All applications
must be submitted through the online Grants.gov system no laterthan
11:59 p.m. ET on August 14, 2009, as more fully described in the
section entitled Requestfor Application Package below. Failure to
properly register and apply for State Broadband Data 14. Program
funds by the deadlines may result in forfeiture of the grant
opportunity. Applicationsare accepted until the deadline and
processed as received. Applications submitted by handdelivery,
mail, email or facsimile will not be accepted.FOR FURTHER
INFORMATION CONTACT: For general inquiries regarding the
StateBroadband Data Program, applicants may contact Edward Smitty
Smith, Program Director,State Broadband Data and Development Grant
Program, National Telecommunications andInformation Administration,
U.S. Department of Commerce, 1401 Constitution Avenue, N.W.Room
4898, Washington, DC 20230; by telephone at 202-482-4949 or via
electronic mail [email protected]. Information about
the State Broadband Data Program canalso be obtained electronically
via the Internet at www.ntia.doc.gov/broadbandgrants.SUPPLEMENTARY
INFORMATION:Catalog of Federal Domestic Assistance (CFDA) Number:
11.558Additional Items in Supplementary Information: I. Overview:
Describes the statutory origin of the broadband mapping requirement
under theRecovery Act, the applicability of the BDIA, the structure
of the Program and the publiccomment process.II.Funding Opportunity
Description: Provides a more thorough description of the
Program,including a description of mapping and planning priorities,
and the application review process.III. Definitions: Sets forth the
key terms and other terms used in this Notice.IV.Award Information:
Describes funding availability and other award information.V.
Eligibility Information: Discusses eligibility criteria, including
the 20 percent match,confidentiality requirements, and funding
restrictions.VI.Application and Submission Information: Provides
information about how to apply, 15. application materials, and the
application process.VII. Application Review Information:
Establishes the scoring criteria for evaluatingapplications.VIII.
Anticipated Award Dates: Identifies the initial award announcement
and award dates forProgram awards.IX.Award Administration
Information: Provides award notice information,
administrativerequirements, terms and conditions, and other
reporting requirements for award recipients.X. Other Information:
Sets forth guidance on funding, compliance with various
laws,regulations and other such requirements.I. OVERVIEWA. The
Recovery Act: Section 6001(l) of the Recovery Act requires the
AssistantSecretary to develop and maintain a comprehensive,
interactive, and searchable nationwideinventory map of existing
broadband service capability and availability in the United States
thatdepicts the geographic extent to which broadband service
capability is deployed and availablefrom a commercial or public
provider throughout each state.1 The Recovery Act requires
theAssistant Secretary to make the national broadband map
accessible by the public on an NTIAweb site no later than February
17, 2011.2 The Recovery Act authorizes NTIA to expend up to$350
million pursuant to the BDIA and for the purposes of developing and
maintaining abroadband inventory map.3 Implementation of the BDIA
is useful to fulfill Congress intent todevelop a national broadband
map as expressed and funded under the Recovery Act.B. The BDIA: The
BDIA is intended to improve data on the deployment and adoption 1
Recovery Act 6001(l), 123 Stat. at 516. See Section IV for the
definition of state and other relevant definitions. 2 Id. 3
Recovery Act, Title II, Div. A, 123 Stat. at 123 (to be codified at
47. U.S.C 1301). 16. of broadband service to assist in the
extension of broadband technology across all regions of theUnited
States.4Section 106 of the BDIA directs the Secretary of Commerce
to establish theState Broadband Data Program and to award grants to
eligible entities to develop and implementstatewide initiatives to
identify and track the adoption and availability of broadband
serviceswithin each State. 5 In effecting this purpose, the BDIA
provides several eligible uses for grantfunds, including uses
related to the gathering of broadband-related data at the state
level and thedevelopment of statewide broadband maps.6C. The State
Broadband Data Program: In keeping with the Recovery Acts
directionthat NTIA develop and maintain a comprehensive and
interactive national broadband map andthe requirements of the BDIA,
NTIA has established this grant program. Awardees under thisProgram
will receive grants to fund their collection of broadband-related
data as well as fundingfor planning programs at the state level.
Awardees will use the broadband-related data that theycollect to
develop statewide broadband maps, which will be linked to a
Department ofCommerce webpage. In addition, the awardees will
submit all of their collected data to NTIAfor use by NTIA and the
Federal Communications Commission (FCC) in developing
andmaintaining the national broadband map, which will be displayed
on an NTIA webpage beforeFebruary 17, 2011.4 BDIA 102, 122 Stat. at
4096. 5 BDIA 106(b), 122 Stat. at 4099. The Secretary delegated his
authority to meet the obligations of Section 106 of the BDIA to the
Assistant Secretary for Communications and Information (Assistant
Secretary) on April 9, 2009. 6 The BDIA authorizes the Secretary to
make grants to eligible entities for the following eligible uses:
1) to develop and provide a baseline assessment of broadband
deployment in each state; 2) to identify and track the areas with
low levels of deployment, the rate at which residential and
business users adopt broadband service and other related
information technology services, and possible suppliers of such
services; 3) to identify barriers to the adoption of broadband
service and information technology services; 4) to identify the
available speeds for broadband connection; 5) to create and
facilitate by county or designated region in a state, local
technology planning teams; 6) to collaborate with broadband service
providers and information technology companies to encourage
deployment and use; 7) to establish computer ownership and Internet
access programs in unserved and areas with lower than average
penetration on a national basis; 8) to collect and analyze detailed
market data concerning use and demand for broadband service; 9) to
facilitate information exchange regarding use and demand for
broadband services between public and private sector users; and 10)
to create within each State a geographic inventory map of broadband
service. BDIA 106(e), 122 Stat. at 4100-4101. 17. NTIAs decisions
are based on the statutory requirements of the Recovery Act and
areinformed by NTIAs own expertise, the expertise of other federal
agencies, including the FCC,and public comment.D.Public Comment: On
March 10, 2009, NTIA, the FCC, and the U.S. Department
ofAgricultures Rural Utilities Service (RUS) cosponsored a public
meeting to initiate publicoutreach about the current availability
of broadband service in the United States and ways inwhich the
availability of broadband service could be expanded.7 The March
10th meeting wasfollowed by the release of a Request for
Information (RFI) and six days of additional publicmeetings and
field hearings during March.8 The RFI requested the submission of
information ona broad range of topics including topics related to
broadband mapping, the Recovery Act and theBDIA. The meetings and
hearings included nearly 120 panelists with representatives
fromconsumer and public interest groups, state and local
governments, tribal governments, minorityand vulnerable
populations, industry, academia and other institutions. In response
to the RFI and the public meetings, NTIA received over 1,000
commentsfrom institutions and individuals on the broadband
initiatives funded by the Recovery Act.9With regard to the issues
surrounding the State Broadband Data Program and the
nationalbroadband map that NTIA is required to prepare under
Section 6001(l) of the Recovery Act,NTIA received more than 200
comments, many of which played a role in formulating the7 See
Notice: American Recovery and Reinvestment Act of 2009 Broadband
Initiatives, 74 Fed. Reg. 8914 (Feb. 27, 2009). 8 See Notice:
American Recovery and Reinvestment Act of 2009 Broadband
Initiatives, 74 Fed. Reg. 10716 (March12, 2009). Agendas,
transcripts and presentations from each meeting are available on
NTIAs website at
http://www.ntia.doc.gov/broadbandgrants/meetings.html. 9Agendas,
transcripts, and presentations from each meeting are available on
NTIAs website at
http://www.ntia.doc.gov/broadbandgrants/meetings.html. All public
comments in Docket No. 090309298-9299-01 are on file with NTIA and
may be viewed on NTIAs website at
http://www.ntia.doc.gov/broadbandgrants/comments.cfm. 18. structure
of this Program. For further discussion and explanation of the
policy decisionsinvolved in establishing this program, see the
attached Policy Justification Appendix.II. FUNDING OPPORTUNITY
DESCRIPTIONA.Program Description: The State Broadband Data Program
is a competitive, merit-based matching grant program that
implements the joint purposes of the Recovery Act and theBDIA
through the award of grants. This Program is designed to fund
projects that gathercomprehensive and accurate state-level
broadband mapping data, develop state-level broadbandmaps, aid in
the development and maintenance of a national broadband map, and
fund statewideinitiatives for broadband planning. While the BDIA
mandates that each state may have only a single eligible entity,
eachapplicant will be carefully evaluated against a program
standard. Any applicant that fails to meetthe program standard will
not receive grant funding; therefore, the efficient fulfillment of
thegoals of the Recovery Act and the BDIA will be advanced by the
submission of a qualifyingapplication from each state highly
responsive to the review criteria contained in this Notice. Inthe
event that a state fails to produce a grant awardee, NTIA reserves
the right to perform thenecessary broadband data collection.1. Use
of Collected Broadband Data by Awardees. Awardees may use the
datacollected under this Program for any lawful use consistent with
the requirements of this Program,including the confidentiality
restrictions contained herein, and existing agreements between
theawardee, the state, and broadband service providers. It is
expected, however, that, in addition toproviding all collected data
to NTIA, applicants will use the data to develop and maintain
astatewide broadband map that will be separate and distinct from
the national broadband map and 19. will be tailored to suit the
needs of the particular state. Though it will be separate and
distinctfrom the national broadband map, applicants must provide
NTIA with a hypertext link to thestate maps for display on a web
page on the Department of Commerce website. 2. Use of Collected
Broadband Data by NTIA and the FCC. The data collectedunder this
Program will be used for public purposes and also utilized by
governmental entities.For example, because of its value in
identifying appropriate areas for broadband investment andeconomic
stimulus, the collected data will inform NTIAs grant-making
decisions under theBroadband Technology Opportunities Program
(BTOP). The national broadband map that willbe developed and
maintained using these and other data will publicly display the
followinginformation about broadband service available from a
public or private provider: (a) Geographic areas in which broadband
service is available; (b) The technologies used to provide
broadband service in such areas; (c) The spectrum used for the
provision of wireless broadband service in suchareas; (d) The
speeds at which broadband service is available in such areas; and
(e) Broadband service availability at public schools, libraries,
hospitals, collegesand universities and all public buildings owned
or leased by agencies orinstrumentalities of the states or
municipalities or other subdivisions of thestates and their
respective agencies or instrumentalities. The national map will
also be searchable by address. To the greatest extent possible,
atevery address, the type and speed of broadband service will be
provided. For providers ofwireless broadband service, the spectrum
used for the provision of service will be provided. Ifthe
applicable broadband service provider so chooses, the providers
identity will also be 20. available, otherwise the map will simply
display that an anonymous provider utilizing aparticular type of
technology is providing service to a location. Furthermore, to the
extentpossible, the service areas of individual providers will be
aggregated with other providers of thesame technology type.Though
collected under this Program, data concerning the Average Revenue
Per User(ARPU) and data regarding the type, technical
specification, or location of infrastructure owned,leased, or used
by a broadband service provider will not be displayed on the public
nationalbroadband map.10 The above paragraphs notwithstanding, if
provider consent is granted, NTIAmay display the above
provider-specific information on the national broadband map.In
addition to the above broadband-related information, the national
broadband map maydisplay a wide range of additional, economic, and
demographic data derived from other sources.Such data, however, are
not the subject of this Notice. B.Program Priorities: 1. Broadband
Mapping. With respect to this Program, NTIAs highest priority is
thedevelopment and maintenance of a national broadband map.
Therefore, NTIA intends to fundhigh-quality projects that are
designed to gather data at the address-level on
broadbandavailability, technology, speed, infrastructure, ARPU,
and, in the case of wireless broadband, thespectrum used, across
the project areas. NTIA has determined that the BDIAs eligible
usesregarding state-specific data collection and geographic
inventory broadband mapping activitiesare encompassed within the
broadband mapping grant guidelines described herein.
Successfulprojects must propose: (a) to provide comprehensive and
verifiable data meeting the Programstandards as published in this
Notice, such data will be accessible and clearly presented to NTIA,
10 However, NTIA is considering methods for displaying some pricing
data that will be collected through other avenues. 21. the public,
and state and local governments without unduly compromising data or
the protectionof Confidential Information as defined in this
notice; (b) a workable and sustainable frameworkfor repeated
updating of data; (c) a plan for collaboration with state-level
agencies, localauthorities, and other constituencies, as well as a
proposal for planning projects designed toidentify and address
broadband challenges in the state; (d) feasible projects as
demonstrated by areasonable and cost-efficient budget, and a
showing of applicant capacity, knowledge andexperience; and (e) a
timeline for expedient data delivery. 2. Broadband Planning. Only
applications that meet the broadband mappingpurposes set forth in
the above paragraph will be considered for planning funding, and
mappingproposals do not need to include a planning component.
However, applicants may proposeprojects or award uses that relate
to an enumerated BDIA purpose described in Section I of thisNotice
that addresses a need in their state. Any proposed use of funds
that is not directedtowards the collection of data for, or the
development and maintenance of, the state or nationalbroadband map
will be considered a planning use. There is a presumption that the
BDIApurposes involving the identification of barriers to the
adoption of broadband service andinformation technology services,
the creation and facilitation of local technology planning
teams,and the establishment of computer ownership and Internet
access programs are not mapping-related and therefore are only
eligible for broadband planning funding. However, applicants
maydemonstrate in their applications how a use under such
categories will inform the collection ofbroadband data or
development of state and national broadband maps. Broadband
planningfunds will be limited, and broadband planning-related uses
under any grant application budgetmay not exceed $500,000. C.Review
and Selection Processes: 22. The review process involves the three
stages outlined below. NTIA anticipates that theprocessing and
selection of applications for funding will require one (1) month
from the date ofsubmission. 1. Eligibility. Upon receipt, NTIA will
screen applications for factors determiningeligibility as described
in the section entitled Eligibility Information below. In the case
thatNTIA determines that an application fails to address adequately
any eligibility criteria before theapplication deadline, NTIA may
alert the applicant of such deficiency and the applicant mayrevise
such application before the application deadline to comply with
Program requirements.However, NTIA has no affirmative obligation to
notify applicants of a deficient application andwill not be held
responsible for any deficiencies that are not remedied in a timely
manner. 2. Technical Review. Each eligible application will be
reviewed by a panel of atleast three peer/expert reviewers who have
demonstrated expertise in both the programmatic andtechnological
aspects of the Program. The peer/expert review panel members will
individuallyevaluate applications according to the review criteria
provided in Section VII of this Notice andprovide ratings to the
Program staff. Each peer/expert reviewer will be required to sign
andsubmit a nondisclosure and confidentiality form to prevent the
dissemination of ConfidentialInformation, and to prevent financial
and other conflicts of interest. 3. Programmatic Review and
Revision Process. Following the Technical Review,each eligible
application will be reviewed by Program staff for policy
determinations andconformity with programmatic goals. Program staff
will analyze applications considered foraward to assess: (a)
whether a proposed project meets the Program's funding constraints;
(b) theeligibility of costs and matching funds included in an
application's budget; and (c) the extent towhich an application
complements or duplicates projects previously funded or under 23.
consideration by NTIA or other federal programs. Following this
programmatic review,Program staff may contact an eligible applicant
to discuss any recommended adjustments orrevisions to their
applications necessary to better meet Program goals. Revisions are
intended toresolve any differences that exist between the
applicants original request and what the StateBroadband Data
Program proposes to fund and, if necessary, to clarify items in the
application.Staff may also request additional corroborating
documentation from applicants. Thesedocuments will be reviewed by
Program staff with the support of external engineering,
design,information technology, geographic information systems,
broadband, and other subject-matterexperts to evaluate the
consistency of the applications with the supporting documents and
ensurethat applications merit State Broadband Data Program awards.
Upon the conclusion of the programmatic review and revision
process, each applicationwill continue through the selection
process. The Program Director will prepare and present aslate of
recommended grant awards to the Associate Administrator for review
and approval.The Program Director's recommendations and the
Associate Administrator's review and approvalof those
recommendations will take into account the selection factors listed
below. Upon approval by the Associate Administrator, the Program
Director's recommendationswill be presented to the Selecting
Official, the Assistant Secretary. The Assistant Secretaryselects
the applications for grant award, taking into consideration the
Program Director'srecommendations and the degree to which the slate
of applications, taken as a whole, satisfies theselection factors
described below and the Program's stated purposes as set forth in
the sectionentitled Program Description. The Selecting Official
will issue awards after considering the following selection
factors: (a)The evaluations of the peer/expert reviewers; 24.
(b)The analysis of Program staff; (c) The degree to which the
proposed grants meet the Program's purpose asdescribed in this
Notice; (d) Avoidance of redundancy and conflicts with the
initiatives of other federalagencies; and (e) The availability of
funds.III. DEFINITIONS For the purposes of this Program, NTIA has
adopted the following definitions for theState Broadband Data
Program, many of which were developed for BTOP, pursuant to
RecoveryAct Section 6001(a). Applicants for these grants should
refer to the following definitions whencompleting their
applications:Applicant. An entity requesting approval for an award
under this Notice. ARPU. Average Revenue Per User. Average Revenue
Per User for this Program is asdefined in the Technical Appendix.
Assistant Secretary. The Assistant Secretary for Communications and
Information,National Telecommunications and Information
Administration, Department of Commerce, or theAssistant Secretarys
designee. Associate Administrator. The Associate Administrator of
the NationalTelecommunications and Information Administration,
Department of Commerce/ the Director ofthe Office of
Telecommunications and Information Applications, or the
AssociateAdministrators designee. Available. Broadband service is
available to an end user at an address if a broadband 25. service
provider does, or could, within a typical service interval (7 to 10
business days) withoutan extraordinary commitment of resources,
provision two-way data transmission to and from theInternet with
advertised speeds of at least 768 kilobits per second (kbps)
downstream and at least200 kbps upstream to the end user at the
address.Award. A grant made under this Notice by NTIA.Awardee. A
recipient of an Award under this Notice; a grantee.Broadband. Data
transmission technology that provides two-way data transmission
toand from the Internet with advertised speeds of at least 768
kilobits per second (kbps)downstream and at least 200 kbps upstream
to end users, or providing sufficient capacity in amiddle mile
project to support the provision of broadband service to end users
within the projectarea.Broadband Service. The provision of
broadband on either a commercial or noncommercial basis.BTOP. The
Broadband Technology Opportunities Program, administered by
NTIA,under Section 6001 of the Recovery Act.Community Anchor
Institutions. Schools, libraries, medical and healthcare
providers,public safety entities, community colleges and other
institutions of higher education, and othercommunity support
organizations and entities.Confidential Information. Any
information, including trade secrets, or commercial orfinancial
information, submitted under this Program that: 1) identifies the
type and technicalspecification of infrastructure owned, leased, or
used by a specific broadband service provider;2) identifies the
average revenue per user (ARPU) for a specific broadband service
provider; or3) explicitly identifies a broadband service provider
in relation to its specific Service Area or at a 26. specific
Service Location. For example, a broadband service providers
specific servicefootprint, as identified with such provider, will
be considered Confidential Information for thepurposes of this
Program and will either (a) be aggregated with other available
providers of thesame technology type before being published in the
national broadband map, in which case themap would only display the
aggregated list of providers that have consented to have their
namesdisplayed for such service area; or (b) in the absence of
other providers of the same technologytype with which a providers
specific service footprint can be aggregated, be displayed
withoutproviding the providers identity, unless the provider gives
its consent. NTIA and the FCC mayotherwise aggregate, combine or
mask broadband service provider data, and take other steps soas to
make such data suitable for public release. Notwithstanding the
foregoing, Confidential Information, as defined herein and
asprovided as part of a project funded under this Program, will not
be made publicly available,pursuant to the limitations set forth in
the BDIA, except as required by applicable law or judicialor
administrative action or proceeding, including the Freedom of
Information Actrequirements.11 Data. Statistics, figures,
descriptions, maps, geographic coordinates, or other
suchinformation relating to the provision of broadband services.
End User. A residential or business party, institution or state or
local government entity,including a Community Anchor Institution,
that may use broadband service for its own purposesand that does
not resell such service to other entities or incorporate such
service into retailInternet-access services. Internet Service
Providers (ISPs) are not end users for this purpose. In-kind
Contribution. Qualifying non-cash donations, including third-party
in-kind 11BDIA 106(h), 122 Stat. at 4101. 27. contributions, of
property, goods or services, which benefit a federally-assisted
project, andwhich may count toward satisfying the non-federal
matching requirement. See the sectionentitled Eligibility
Information below for a full discussion of the Programs treatment
of in-kind contributions and the federal structure for determining
when a contribution qualifies. Pre-Award Costs. Reasonable costs
incurred after the enactment of the Recovery Act(February 17, 2009)
but prior to the effective date of the award directly pursuant to
and inanticipation of the award where such costs are necessary to
comply with the proposed deliveryschedule or period of performance.
Such costs are allowable only to the extent that they wouldhave
been allowable if incurred after the date of the award, and only
with the written approval ofNTIA.Recovery Act. The American
Recovery and Reinvestment Act of 2009, Pub. L. No. 1115, 123 Stat.
115 (2009).Rural Area. Any area, as confirmed by the latest
decennial census of the Bureau of theCensus, which is not located
within: (i) a city, town, or incorporated area that has a
populationof greater than 20,000 inhabitants; or (ii) an urbanized
area contiguous and adjacent to a city ortown that has a population
of greater than 50,000 inhabitants. For purposes of the definition
ofrural area, an urbanized area means a densely populated territory
as defined in the latestdecennial census of the U.S. Census
Bureau.Secretary. The Secretary of Commerce.Service Area. The
entire area within which an existing service provider offers
broadbandservice.Service Location. The specific geographic point or
location at which a service provideroffers broadband service, such
as a specific residence or business. 28. State. A state, the
District of Columbia, or a territory or possession of the United
States.For the purposes of the designation of an eligible entity,
the term State will be interpreted tomean the Governor or in the
absence of a designation by the Governor, the Legislature,
officer,or executive agency within the State that the Governor or
State Constitution authorizes to takebinding action for the state.
In the case state, the District of Columbia, or a territory
orpossession of the United States, the terms Governor, Legislature
or State Constitution shall meantheir respective functional
equivalents.Substantially Complete Data Set. - A data set is
substantially complete when it containsdata on broadband services
provided by a) 70 percent of broadband service providers in a
state;b) to 80 percent of households in a state; c) to 90 percent
of households in rural areas of the state;and d) to 95 percent of
public Community Anchor Institutions.Underserved Area. An area
composed of one or more contiguous census blocks meetingcertain
criteria that measure the availability of broadband service and the
level of advertisedbroadband speeds.12 Specifically, an area is
underserved if at least one of the following factors ismet, though
the presumption will be that more than one factor is present: i) no
more than 50percent of households in the service area have access
to facilities-based terrestrial broadbandservice at greater than
the minimum broadband transmission speed (set forth in the
definition ofbroadband above); ii) no fixed or mobile broadband
service provider advertises broadbandtransmission speeds of at
least three megabits per second (mbps) downstream in the area; or
12 Census blocks are the smallest geographic areas for which the
U.S. Bureau of the Census collects and tabulates decennial census
data. Census blocks are formed by streets, roads, railroads,
streams and other bodies of water, other visible physical and
cultural features, and the legal boundaries shown on Census Bureau
maps. Census data at this level serve as a valuable source for
small-area geographic studies. See the Census Bureaus website at
http://www.census.gov for more detailed information on its data
gathering methodology. 29. iii) the rate of broadband
subscribership for the area is 40 percent of households or less.13
Ahousehold has access to broadband service if the household can
readily subscribe to that serviceupon request. Unserved Area. An
area composed of one or more contiguous census blocks where atleast
90 percent of households in the service area lack access to
facilities-based terrestrialbroadband service, either fixed or
mobile, at the minimum broadband transmission speed (setforth in
the definition of broadband above). A household has access to
broadband service if thehousehold can readily subscribe to that
service upon request.IV. AWARD INFORMATIONA.Funding Availability
and Estimated Funding: The Recovery Act authorizes NTIAto expend up
to $350 million for the purposes of developing and maintaining a
broadbandinventory map and pursuant to the BDIA.14 NTIA expects
grant awards to range between $1.9million and $3.8 million per
state for the mapping portion of each project, and up to $500,000
forthe planning portion of each project. The exact size of any
award will depend on the specifics ofeach project, the quality of
each project as determined in NTIAs review, as well as
demographicand geographic features unique to each state. Project
budgets will be carefully reviewed toensure that they are
appropriate given the specifics of the project and the project
state. Fiscallyirresponsible budgets will be detrimental to an
application. Any funds not expended under thisProgram will be
reallocated to BTOP purposes. Publication of this Notice does not
obligate NTIA to award any specific project or 13These criteria
conform to the two distinct components of the BIP and BTOP
categories of eligible projects LastMile and Middle Mile.
14Recovery Act, Title II, Div. A. 123 Stat. at 128. 30. obligate
all or any parts of any available funds. B. Award Period: All
awards under this Program must be made no later thanSeptember 30,
2010. The period of performance will be five (5) years from the
date of award. C. Type of Funding Instrument: GrantV.ELIGIBILITY
INFORMATION A. Eligible Applicants: Pursuant to the BDIA, eligible
recipients of State BroadbandData Program grants are:(a) Entities
that are either (i) an agency or instrumentality of a state, or a
municipality or other subdivision (or agency or instrumentality of
a municipality or other subdivision) of a state; (ii) a nonprofit
organization that is described in Section 501(c)(3) of the Internal
Revenue Code of 1986 and that is exempt from taxation under Section
501(a) of such Code; or (iii) an independent agency or commission
in which an office of a State is a member on behalf of the State;
and(b) The single eligible entity in the State that has been
designated by the State to receive a grant under this
section.15Matching Funds and Cost Sharing Requirements: Awardees
under this Program will berequired to provide and document at least
20 percent non-federal matching funds toward the totaleligible
project cost.16 Applicants must document their capacity to provide
matching funds.15BDIA 106(i)(2)(B), 122 Stat. at 4102. 16BDIA
106(c)(2), 122 Stat. at 4099. Generally, federal funds may not be
used as matching funds except asprovided by federal statute. See
Uniform Administrative Requirements for Grants and Agreements
withInstitutions of Higher Education, Hospitals, Other Non-profit,
and Commercial Organizations, 15 C.F.R. 14.23(a)(5); see also
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, 15 C.F.R. 24.24(b)(1).
31. Matching funds may be in the form of either cash or in-kind
contributions consistent with 15C.F.R. 14.23, 24.3, and 24.24.
Certain pre-award costs may be credited towards anapplicants
matching funds requirements. As provided in 48 U.S.C. 1469a, the
requirement forlocal matching funds under $200,000 (including
in-kind contributions) is waived for theTerritorial governments in
Guam, American Samoa, the U.S. Virgin Islands, and theCommonwealth
of the Northern Mariana Islands. Grant funds under this Program
will bereleased in direct proportion to the documented expenditure
of matching funds. In-Kind Contributions. In-kind contributions,
which include third-party in-kindcontributions, are non-cash
donations of property, goods or services, which benefit a
federallyassisted project, and which may count toward satisfying
the non-federal matching requirementwhen they meet certain
criteria.17 The rules governing allowable in-kind contributions are
verydetailed and encompass a wide range of properties and services.
NTIA encourages grantapplicants to consider thoroughly potential
sources of in-kind contributions which, depending onthe particular
property or service and the cost principles applicable to the
applicantsorganization type, could include: employee or volunteer
services; equipment; supplies; indirectcosts;18 computer hardware
and software; use of facilities; expenditures for existing
programspresented as part of the project proposal under this
Program. In addition, applicants may proposeas in-kind
contributions the ascertainable fair market value of data
previously collected andrelated to the BDIA-eligible uses under
this Program. If data previously collected is to be1715 C.F.R.
14.23, 24.3, 24.22, 24.24. See also OMB Circular A-87, Cost
Principles for State, Local and Indian Tribal Governments (Rev. May
10, 2004), OMB Circular A-122, Cost Principles for Non-Profit
Organizations (Rev. May 10, 2004), and 48 C.F.R. pt. 31, Contract
Cost Principles and Procedures. 18Reasonable indirect costs may be
included as part of cost sharing or matching only with the prior
approval of NTIA. The amount of indirect charges allocated to the
budget is based on an applicants indirect cost rate. An applicant
may already have an indirect cost rate negotiated with a federal
agency, in which case, that rate may be applied to the applicants
grant if it is current. If it is not current, the applicant will
need to update it. If an applicant does not have a negotiated rate,
but would like to include indirect costs, the applicant will need
to establish a rate with the Department of Commerce. 32. claimed as
an in-kind contribution, applicants must provide a basis for
estimating fair marketvalue, including but not limited to the
documented costs incurred for data collection. NTIAreserves the
right at its discretion to provide in-kind credit for an amount
different than thatclaimed by the applicant. B.Confidentiality
Requirements: The BDIA requires that to be eligible to receive
agrant under this Program entities must agree to treat any matter
that is a trade secret, commercialor financial information, or
privileged or confidential, as a record not subject to public
disclosureexcept as otherwise mutually agreed to by the broadband
service provider and the entity.19 As acondition of grant funding
under this Program, awardees may not agree to a more
restrictivedefinition of Confidential Information than the
definition adopted by this Program. Nondisclosure Agreements. As a
measure to protect the confidential or proprietarynature of the
information received from broadband service providers and other
organizationsduring the data collection phase, awardees may execute
nondisclosure agreements (consistentwith applicable law) that
require the awardees to treat any matter that is a trade
secret,commercial or financial information, or privileged or
confidential, as a record not subject topublic disclosure except
where mutually agreed upon by the information provider and
theawardee, provided, however, that any such nondisclosure
restriction a) will not restrict theproviding of all data collected
under this Program to NTIA, nor b) restrict NTIAs use of suchdata
as contemplated under this Notice (including sharing such data with
the FCC or otherfederal agencies).To the extent required by law,
NTIA agrees that it will not publicly disclose any 19BDIA 106(c)(3)
and 106(h)(2), 122 Stat. at 4101-2 (This requirement applies only
to information submitted by the FCC or a broadband provider to
carry out the provisions of the BDIA and shall not otherwise limit
or affect the rules governing public disclosure of information
collected by any federal or state entity under any other federal or
state law or regulation). 33. Confidential Information, as defined
herein, provided to it by an applicant or awardee under
thisProgram. Providing Confidential Information to the FCC, or
other federal agencies as necessary,shall not constitute public
disclosure. In any disclosure to the FCC or other federal
agencies,NTIA will request that such agency make no further
disclosure of the Confidential Informationexcept as required by
applicable law or judicial or administrative action or
proceeding.20 C.Information Provided: In order to be eligible for a
grant under this Program, eachapplicant must agree to provide NTIA
with broadband data, of the type and in the formatprovided in the
Technical Appendix, from all commercial or public providers of
broadbandservice in their respective states, including, but not
limited to, commercial or public providers ofbroadband service to
Indian tribes (as defined in Section 4 of the Indian
Self-Determination andEducation Assistance Act21), Native Hawaiian
organizations, Community Anchor Institutions oragencies or
instrumentalities of the states, or municipalities or other
subdivisions of the statesand their respective agencies or
instrumentalities.In no case, however, are applicants required to
propose collecting data on broadbandservice provided by the federal
government or any agencies or instrumentalities of the
federalgovernment or broadband service provided on property owned
or leased by the federalgovernment or any agencies, or
instrumentalities of the federal government. Failure to agree to
collect the required data will render an applicant ineligible
forfunding under this Program. D.Participation Limit: This is a new
program and no activities have been fundedunder it as of the date
of this Notice. BDIA stipulates that no state-designated entity may
receivea grant under this Program to fund activities described
above if that entity, or another entity20The provisions of this
section notwithstanding, all information submitted by an applicant
or awardee to NTIA for the purposes of this Program will be subject
to Freedom of Information Act requirements under 5 U.S.C. 552. 2125
U.S.C. 450(b). 34. designated by that state, obtained prior grant
awards under this section to fund the same activitiesin that state
in each of the previous four (4) consecutive years.22 Because the
Recovery Actrequires the obligation of all funds by September 30,
2010, NTIA does not anticipate anysituations where a violation of
this provision could occur. E.Funding Restrictions: 1. Eligible
Costs. Grant funds must be used only to pay for eligible costs.
Under thisNotice, eligible costs are governed by the federal cost
principles identified in the applicableOMB circulars and in the
Programs authorizing legislation.23 In addition, costs must
bereasonable, allocable, necessary to the project, and comply with
the funding statute requirements.Neither mapping nor planning
projects may include any construction costs. 2. Recovery
Act-Specific Restrictions. The Recovery Act imposes an
additionallimitation on the use of funds expended or obligated from
appropriations made pursuant to itsprovisions. Specifically, for
purposes of this Notice, none of the funds appropriated or
otherwisemade available under the Recovery Act may be used by any
State or local government, or anyprivate entity, for any casino or
other gambling establishment, aquarium, zoo, golf course,
orswimming pool.2422BDIA 106(f), 122 Stat. at 4101. 23The
government has established a set of federal principles for
determining eligible or allowable costs. Allowability of costs will
be determined in accordance with the cost principles applicable to
the entity incurring the costs. Thus, allowability of costs
incurred by State, local or federally-recognized Indian tribal
governments is determined in accordance with the provisions of OMB
Circular A87, Cost Principles for State, Local and Indian Tribal
Governments. The allowability of costs incurred by non-profit
organizations is determined in accordance with the provisions of
OMB Circular A122, Cost Principles for Non-Profit Organizations.
The allowability of costs incurred by institutions of higher
education is determined in accordance with the provisions of OMB
Circular A21, Cost Principles for Educational Institutions. The
allowability of costs incurred by hospitals is determined in
accordance with the provisions of Appendix E of 45 C.F.R. pt. 74,
Principles for Determining Costs Applicable to Research and
Development under Grants and Contracts with Hospitals. The
allowability of costs incurred by commercial organizations and
those non-profit organizations listed in Attachment C to Circular
A122 is determined in accordance with the provisions of the Federal
Acquisition Regulation (FAR) at 48 C.F.R. pt. 31. See 15 C.F.R.
14.27, 24.22 (governing the Department of Commerces implementation
of OMB requirements). 24Recovery Act 1604, 123 Stat. at 303. 35.
VI.APPLICATION AND SUBMISSION INFORMATIONA. Address to Request
Application Package: To ensure a successful submission,applicants
must apply for State Broadband Data Program funding through the
online Grants.govsystem through the Authorized Organization
Representative (AOR). Grants.gov, an e-Government initiative, is a
storefront that provides a unified process for all seekers of
federalgrants to find funding opportunities and apply for funding.
If applicants have previously usedGrants.gov, the existing account
may be used for the State Broadband Data Program. States thathave
not previously submitted an application through Grants.gov are
strongly encouraged toinitiate the registration process as soon as
possible. Instructions are available on the Grants.govwebsite
(www.grants.gov). Application forms and instructions are also
available at Grants.gov.To access these materials, go to
http://www.grants.gov, select Apply for Grants, and thenselect
Download Application Package. Enter the CFDA and/or the funding
opportunitynumber located on the cover of this announcement. Select
Download Application Package,and then follow the prompts. To
download the instructions, go to Download ApplicationPackage and
select Instructions. Applicants should visit Grants.gov prior to
filing theirapplications so that they fully understand the process
and requirements. Failure to properlyregister and apply for State
Broadband Data Program funds by the deadlines may result
inforfeiture of the grant opportunity. Applications are accepted
until the deadline and processed asreceived. Applications submitted
by hand delivery, mail, email or facsimile will not be accepted.B.
Registration: 1. DUNS Number. All applicants must supply a Dun and
Bradstreet Data UniversalNumbering System (DUNS) number. Applicants
can receive a DUNS number at no cost bycalling the dedicated
toll-free DUNS number request line at 1-866-705-5711 or via the
Internet at 36. http://www.dunandbradstreet.com.2. Central
Contractor Registration (CCR). All applicants must provide a
CCR(CAGE) number evidencing current registration in the Central
Contractor Registration (CCR)database. If the applicant does not
have a current CCR (CAGE) number, the applicant mustregister in the
CCR system available at: www.ccr.gov/StartRegistration.aspx.
C.Content and Form of Application Submitted Through Grants.gov:
Thefollowing is a list of required application forms: Standard Form
424, Program Abstract/ Program Narrative; Standard Form 424,
Application for Federal Assistance; Standard Form 424A, Budget
Information Non-Construction Programs; Standard Form 424B,
Assurances Non-Construction Programs; Standard Form LLL, Disclosure
of Lobbying Activities; CD-511 Certification Regarding Lobbying;
andLetter of State Designation. Program Narrative. The applicant
must complete a Program Narrative includingresponses to the five
review criteria listed in Section VII (A) and listed below. The
Narrative should begin with an introduction that serves as an
Executive Summary ofthe project. It should be a brief,
straightforward statement of what the application proposes
toaccomplish. The Narrative should also include a description of
all unserved and underserved areas intheir state as defined herein,
to the extent they are known, and a prioritization for the
allocation 37. of grant funds within that state for projects in or
affecting the State.25 The Narrative should then address the five
review criteria in separate sections of theNarrative. Applicants
should address the five criteria in the following order and each
sectionshould be labeled with the name of the criterion being
discussed to help the reviewers whoevaluate the application. Any
exhibits, maps, timelines, or spreadsheets should be placed
withinthe appropriate section of the narrative. 1. Data: (a) Data
Gathering. Applicants must provide a comprehensive description of
howthe applicant plans to obtain all data required under the
Technical Appendix fromcommercial or public providers, as
applicable (such description should identifygeneral or specific
methods, or legal authorities upon which applicants will rely
toobtain the required data). Applicants should refer to specific
data elements in theTechnical Appendix when appropriate as part of
their narrative. (b) Accuracy and Verification. Applicants must
provide a description of whatmethods the applicant intends to
employ to verify data accuracy. (c) Accessibility. Applicants must
provide a description of how the states broadbanddata will be
publicly accessible, clearly presented, and easily understood by
thepublic, government and the research community. Applicants must
also describethe applicants proposed state-level map. (d) Security
and Confidentiality. Applicants must provide a description of
whatmethods the applicant intends to employ to ensure both
transparency of processand protection of collected data, including
Confidential Information as definedherein. 25Applicants may
illustrate such known unserved areas through submission of a map.
38. 2. Project Feasibility:(a) Applicant Capabilities. Applicants
must provide a detailed budget narrative providing detailed
description of proposed project costs (including a detailed
description of any proposed expenditures for the purchase of
computer hardware, software, other information systems or the
compensation of information technology personnel that will be used
to collect and store all required data) and describing any proposed
sources of in-kind match. The budget narrative must provide
sufficient explanation of each budget category in order to
establish the need for the funds in each category, and the basis
for figures used. The budget narrative must be accompanied by a
spreadsheet supporting how the budget request was calculated.
Applicants that include requests for Broadband Planning activities
within their application must provide a separate budget narrative
and spreadsheet for the planning portion of their request. All
applicants must demonstrate that they have the ability to secure
the funding necessary to meet the required 20 percent non-federal
matching contribution.(b) Applicant Capacity, Knowledge and
Experience. Applicants must provide a description of applicant
qualifications, including knowledge and experience of the applicant
and the associated project personnel with conducting projects of
similar scope and scale, including dealing with broadband or
telecommunications technology, overseeing the projects that collect
broadband or telecommunications-related data, or Geographic
Information System (GIS) data.3. Expedient Data Delivery: 39.
Applicants must provide a timeline for major project goals,
including anticipateddates of data delivery. This timeline should
be ambitious and designed tofacilitate the delivery of all data
required by the Technical Appendix. NTIA willhave a preference for
the provision of a substantially complete set of availabilitydata
by November 1, 2009. Applicants that cannot provide a
substantiallycomplete set of availability data by November 1, 2009,
may propose to provide analternative data set by that date.
Applicants must demonstrate that they have theability to complete
the project requirements within the proposed timeline,including the
requirements to provide a substantially complete set of
allbroadband mapping data on or before February 1, 2010 and to
complete such datacollection by March 1, 2010. All data provided in
the first collection should beaccurate as of June 30, 2009. 4.
Process for Repeated Data Updating:Applicants must provide a
description of what methods the applicant intends touse to provide
for repeated updating of data on at least a semi-annual
basiscontinuing for at least five (5) years after the date of the
initial collection.26 5. Planning and Collaboration:Applicants must
provide a description of how the applicant intends to
collaboratewith state-level agencies and local authorities in
carrying out the mapping effort.Applicants that include a planning
component must provide a description and 26 Broadband mapping data
should be updated at least on March 1 of each year (by submitting
data as of December 31 of the previous year) and at least September
1 of each year (by submitting data as of June 30 of that year).
Because the initial data collection is due on February 1, 2010, the
next update will be due on September 1, 2010 but should include
data accurate as of both December 31, 2009 and June 30, 2010, after
which, the collections will follow the specified schedule. For the
purposes of this program, an update will be deemed to be a
verification of existing data and a collection of any additional
data reflecting the expansion or contraction of broadband
availability since the previous data collection or update. 40.
justification on how well the proposed planning process will
address one or more of the projects identified earlier in the
BDIA.The narrative should be no longer than forty (40) pages in
length, single spaced in 12point Times New Roman font (or
equivalent). Letter of State DesignationThis letter, signed by the
Governor or equivalent chief executive of the state, or his
dulyauthorized designee, affirms that the applicant is the single
eligible entity in the state that hasbeen designated by the state
to receive a grant under this Program. D.Submission Dates and
Times: All applications must be submitted between July 14,2009 at
8:00 a.m. ET and 11:59 p.m. ET on August 14, 2009. The electronic
application systemat Grants.gov will provide a date and time
stamped confirmation number that will serve as proofof submission.
E.Material Representations: The application, including
certifications, and all formssubmitted as part of the application
will be treated as a material representation of fact uponwhich NTIA
will rely in awarding grants. F.Material Revisions: No material
revision will be permitted for any applicant afterthe submission
deadline.VII. APPLICATION REVIEW INFORMATION A.Evaluation Criteria:
NTIA will evaluate applications for Mapping Grants on thebasis of
the following criteria. The relative weight of each criterion is
identified in parenthesis. 1. Data (30%) All applicants will be
evaluated based on the data they propose toprovide to NTIA. As
provided above in the section entitled Eligibility Information,
eachapplicant must agree to provide NTIA with broadband data, of
the type and in the format 41. provided in the Technical Appendix,
from all commercial or public providers of broadbandservice in
their respective states, including, but not limited to, commercial
or public providers ofbroadband service to Indian tribes (as
defined in Section 4 of the Indian Self-Determination andEducation
Assistance Act), Native Hawaiian organizations, Community Anchor
Institutions oragencies or instrumentalities of the states, or
municipalities or other subdivisions of the statesand their
respective agencies or instrumentalities. Failure to agree to
collect such data willrender an applicant ineligible for funding
under this Program. In no case, however, areapplicants required to
propose collecting data on broadband service provided by the
federalgovernment or any agencies or instrumentalities of the
federal government or broadband serviceprovided on property owned
or leased by the federal government or any agencies,
orinstrumentalities of the federal government. Reviewers will
consider the following factors in scoring this criterion: (a)
Accuracy and Verification. Data accuracy is extremely important
and, whileNTIA recognizes that 100 percent accuracy is not
possible, reviewers willcarefully consider an applicants proposed
methods for verifying data.27 Also,proposed data collection methods
that do not provide more than one way todetermine the accuracy of
availability data at any given location will not receivehigh
scores. (b) Accessibility. Applicants will be evaluated based on
how the data are accessibleto, clearly presented to, and easily
understood by the public, including members27 For example, a
project should propose to collect availability data by address, as
required by the Technical Appendix, and should cross-check that
data for accuracy by using at least one other metric (e.g., the
location and capability of local infrastructure and whether such
infrastructure could realistically serve a supposed service
address, on-the-ground verification or telephone survey. Each
method should be used to check a statistically significant sample
of all addresses, and a statistically significant sample of rural
addresses). 42. of the research community, and local and state
government, excluding any data considered to be Confidential
Information, as defined in this Notice.(c) Security and
Confidentiality. Some data collected under the Program may be
considered highly sensitive or confidential. Therefore, applicants
must demonstrate and will be evaluated based on how well the
applicant proposes to protect collected data, including
Confidential Information as defined herein, while fulfilling the
other criteria provided in this section.2. Project Feasibility (30%
) (a) Budget. This criterion evaluates whetherthe applicant
presents a budget that is both reasonable and cost efficient,
considering the full nature and scope of the project. Reviewers
will also consider whether the applicant has demonstrated ability
to secure the funding necessary to meet the required 20 percent
non-federal matching contribution.(b) Applicant Capacity,
Knowledge, and Experience. Reviewers also will assess whether the
applicant possesses the necessary qualifications to complete the
proposed project within Program standards. In performing this
assessment reviewers will consider the capacity and relevant
subject matter specific knowledge and experience of the applicant
and the associated project personnel with conducting projects of
similar scope and scale. Reviewers will assess the qualifications
and past experience of the project leaders and/or partners in
dealing with broadband or telecommunications technology and in
designing, implementing, and effectively managing and overseeing
the projects that collect broadband or telecommunications-related
data, and utilize and manage 43. Geographic Information System
(GIS) data. 3. Expedient Data Delivery (20%). Applicants will be
reviewed based on thetimeline on which they project delivery of the
initial submission of a substantially complete setof broadband
mapping data. This timeline should be ambitious and designed to
facilitate thedelivery of all data required by the Technical
Appendix. NTIA will have a preference for theprovision of a
substantially complete set of availability data by November 1,
2009. Applicantsthat cannot provide a substantially complete set of
availability data by November 1, 2009, maypropose to provide an
alternative data set by that date. Applicants must demonstrate that
theyhave the ability to complete the project requirements within
the proposed timeline, including therequirements to provide a
substantially complete set of all broadband mapping data on or
beforeFebruary 1, 2010 and to and to complete such data collection
by March 1, 2010. All dataprovided in the first collection should
be accurate as of June 30, 2009. 4. Process for Repeated Data
Updating (10%) The broadband landscape is rapidlychanging, and both
the state broadband maps and national broadband map must be able to
reflectthese changes. All applicants will be evaluated based on
their ability to update the data at leastsemi-annually and on a
continuing basis. Because the initial data collection is due on
February1, 2010, the next update will be due on September 1, 2010
but will collect data as of bothDecember 31, 2009 and June 30,
2010. For all subsequent data updates, data should be updatedat
least on March 1 of each year (by submitting data as of December 31
of the previous year) andat least September 1 of each year (by
submitting data as of June 30 of that year), so as tocoincide with
the Federal Communications Commissions Form 477 data collections.
Applicantsare expected to propose to update data for at least five
(5) years from the date of award.Applicants are encouraged to
consider methods of automated or direct-from-provider data input,
44. while also considering Data Accuracy and Verification needs.5.
Planning and Collaboration (10%) (a) Collaboration. Collaboration
with state-level agencies, local authorities,businesses and
non-profit organizations will be a critical component of
anysuccessful data collection or mapping effort. Reviewers will
carefully considerthe transparency and inclusiveness of the process
used to plan and execute datacollection and state-level broadband
mapping. Reviewers will also examine theexisting relationships and
proposed collaborations with necessary parties,including broadband
service providers, information technology companies,mapping
companies, state and local governments, geographic
informationagencies and councils, Community Anchor Institutions,
consumer and publicinterest groups, Indian tribes (as defined in
Section 4 of the Indian Self-Determination and Education Assistance
Act), Native Hawaiian organizations,minority and vulnerable
populations, industry, and other such parties andinstitutions. If
applicable, any applications that do not include the collection of
data fromIndian tribes (as defined in Section 4 of the Indian
Self-Determination andEducation Assistance Act), tribal lands, or
Native Hawaiian organizations will notbe eligible for grants.(b)
Planning. In addition to inclusiven and collaboration, proposals
including essplanning components will be evaluated based on how
well the proposed planningprocess will identify service avail