La. Admin. Code tit. 4 § XXI-1501

Current through Register Vol. 50, No. 8, August 20, 2024

Section XXI-1501 - Fair, Open and Competitive Non-Deployment Selection Process

A. If funds remain for nondeployment, two main items will be prioritized:

1. Priority 1 (20 percent of funds available for non-deployment)-Creation of the Louisiana CASH Program to be administered by a state agency with experience executing federal programs, such as the Department of Children and Family Services, Office of Community Development, Department of Health or Louisiana Board of Regents or other.

2. Priority 2 (80 percent of funds available for non-deployment). In line with the BEAD Notice of Funding Opportunity, additional non- deployment activities related to the following will be accepted:

a. user training with respect to cybersecurity, privacy and other digital safety matters.

b. remote learning or telehealth services/facilities.

c. digital literacy/upskilling (from beginner level to advanced).

d. computer science, coding and cybersecurity education programs.

e. implementation of eligible entity digital equity plans (to supplement, but not to duplicate or supplant, planning grant funds received by the eligible entity in connection with the Digital Equity Act of 2021).

f. broadband sign-up assistance and programs that provide technology support.

g. multi-lingual outreach to support adoption and digital literacy.

h. prisoner education to promote pre-release digital literacy, job skills, online job acquisition skills, etc.

i. digital navigators.

j. direct subsidies for use toward broadband subscription, where the eligible entity shows the subsidies will improve affordability for the end user population (and to supplement, but not to duplicate or supplant, the subsidies provided by the Affordable Connectivity Program).

k. costs associated with stakeholder engagement, including travel, capacity-building or contract support.

l. other allowable costs necessary to carrying out programmatic activities of an award, not to include ineligible costs described in Section V.H.2 of the NOFO.

m. Activities related to the incorporation of "smart" technologies and capabilities into farming practices, due to Louisiana being a heavy agriculture-producing state and the unique competitive advantage of spearheading specific smart technologies in this sector.

B. Below is a description of the process that adheres to these principles.

1. Announcement and Public Notice. The availability of funding for eligible non-deployment activities will be published. This announcement will include detailed information about the application process, eligibility criteria and evaluation criteria. Notice will be made available for at least a 60-day period.

2. Eligibility Screening. There will be an initial screening of the applications to determine their eligibility based on the criteria outlined in the program guidelines. This screening will ensure that the applicants meet the basic requirements for participation.

3. Evaluation Criteria. There will be a set of objective evaluation criteria that will be used to assess the applications. These criteria will be established in advance and communicated to all potential applicants.

a. Priority will be given to applicants with effective models for addressing the existing skill gaps in our labor force as well as other workforce training and readiness initiatives, including those that provide equitable instruction and outreach to all working-age individuals.

4. Review Panel. A review panel comprising subject matter experts, industry professionals and other relevant stakeholders, including "lived experts" such as affected residents, representatives from community anchor institutions or community leaders from faith-based, business based and non-profit organizations will be utilized. The panel members will have the necessary expertise to evaluate the applications based on the predetermined evaluation criteria. Panel members shall disclose any conflicts of interest that may arise from their participation in the process.

5. Evaluation Process: The review panel will individually review and evaluate each application based on the established criteria. They may use a scoring system or a qualitative assessment to ensure consistency and objectivity in the evaluation process.

6. Transparency and Public Input. A list of selected subgrantees will be published online, along with a summary of the evaluation process.

7. Appeals/Protest Process. An appeals process will be used that allows applicants to seek a review of the selection decision if they believe there were procedural errors or inconsistencies in the evaluation process. The protest process, official decisions and provider appeals shall be conducted in accordance with La. R.S. 51:2370.27(F) and 2370.28. The period for protesting an award shall not exceed seven days from the announcement of awards. The appeals process will provide a fair opportunity for applicants to present their case, and a separate review panel or independent entity may be involved in the appeal evaluation. Detailed announcements that include information about the application process, eligibility criteria and evaluation criteria will be published to ensure that numerous stakeholder groups or potential applicants are aware of the availability of funds and the steps necessary to apply.

C. Below is a scoring system that will be used as part of the subgrantee selection process for eligible non-deployment activities in the BEAD program:

1. Effect on Broadband Availability (30 points). Evaluate the potential effect of the proposed activities on improving broadband availability and access in underserved areas. Evaluate factors such as the number of households or businesses that will benefit, location within economically disadvantaged areas, the expected increase in broadband speeds and the overall significance of the project in addressing the digital divide.

2. Feasibility and Viability (25 points). Assess the feasibility and viability of the project. Consider the technical and operational aspects, including the proposed timeline, budget and resources required for successful implementation. Evaluate the applicant's capacity to carry out the project effectively, including their track record, partnerships and relevant experience including:

a. financial capability including certification applicant is financially qualified, letter of credit or performance bond (as consistent with NTIA's Limited Waiver requirements) as applicable to non-deployment subgrant awards, audited financial statements, sustainability/business plan;

b. managerial capability including resumes for key individuals and narrative describing experience and readiness to carry out the project;

c. technical capability including certification applicant is technically qualified to complete and operate the project and detailed project plan;

d. compliance with laws including demonstrating ability to comply with all applicable laws;

e. operational capability including appropriate certifications or attestations to operational experience;

f. ownership information as described;

g. other public funding including disclosure of other broadband deployment projects.

3. Project Management Plan (20 points). Evaluate the quality of the project management plan presented by the applicant. Evaluate the clarity and comprehensiveness of the plan, including objectives, milestones, deliverables and risk mitigation strategies. Assess the applicant's ability to execute the project efficiently and effectively.

4. Partnerships and Collaboration (15 points). Assess the strength and relevance of the applicant's partnerships and collaborations. Evaluate the involvement of local community organizations, government entities, educational institutions and other stakeholders. Evaluate how these partnerships contribute to the success and sustainability of the project.

5. Budget and Cost-Effectiveness (10 points). Evaluate the proposed budget and cost-effectiveness of the project. Assess the reasonableness of the budget in relation to the proposed activities and expected outcomes. Evaluate the cost-effectiveness of the project in terms of the number of beneficiaries and the expected impact on broadband access.

6. The total score for each application will be calculated by summing up the scores from each criterion.

The applicants with the highest overall scores will be selected as subgrantees for eligible non-deployment activities in the BEAD program.

La. Admin. Code tit. 4, § XXI-1501

Promulgated by the Office of the Governor, Division of Administration, Office of Broadband Development and Connectivity, LR 50, exp. 7/18/2024(Emergency), Amended LR 50513 (4/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:2370.21-2370.33.