Farmington special construction appeal granted


Last Friday, the Wireline Competition Bureau granted an appeal of a special construction denial filed by Farmington School District in New Mexico.  I represented the school district on its appeal to the Commission.

The application was denied because USAC found that Farmington considered the state match in its cost-effectiveness analysis.  In its appeal, Farmington demonstrated that it did not consider the state match when evaluating the bids and selecting a self-provisioned network as the most cost-effective.  Farmington received a bid for a self-provisioned network and a bid for a leased dark fiber network.  The leased dark fiber project was less expensive but did not win the bid on overall points.  The bidding evaluation matrix showed that the self-provisioned project bidder, while receiving the most overall points, had been awarded fewer points in the cost category, consistent with the pre-discount costs of the services.  If Farmington had considered the state match as part of its evaluation and the fact that the district would have had lower out-of-pocket costs with the self-provisioned project, that bidder would have received the most points for cost.  WCB therefore found that Farmington complied with the Commission’s competitive bidding rules.

Click here to see the full order.
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