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 27610919-250-4314jpatterson@e-nc.org1

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 info@e-nc.org. 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 atbroadbandmapping@ntia.doc.gov. 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