Although there are no Federal Communications Commission regulations or Schools and Libraries Division policies regarding Universal Service Funding (USF) consulting practices, Funds For Learning (FFL) has an established Code of Conduct that it follows.  This Code of Conduct is designed to guard our clients from any conflict of interest and to reduce the likelihood of any appearance of impropriety.  These restrictions go above and beyond what is required under federal law.  We self-impose these restrictions on our services to underscore that our obligation is solely to assist our clients understand and effectively utilize the USF program and to comply with all of its rules.  Thus, in regards to:

Technology Plans

• FFL will advise clients concerning USF technology plan criteria.
• FFL will not prepare or evaluate specific technology plans.

Requests for Proposal

• FFL will advise clients concerning procurement policies and procedures related to USF participation.
• FFL will assist in the development and/or understanding of RFP requirements related to USF participation.
• FFL will not encourage or recommend the use of specific technologies or services for an applicant.
• FFL will not assist any entity in the preparation or submission of a proposal for USF eligible services.

Competitive Bidding

• FFL will advise a client on the possible application of USF regulations to the choices of particular technology solutions or contracting issues.
• FFL will provide a client with publicly-available information concerning another entity's USF participation.
• FFL will not provide specific criteria for the evaluation of proposals, serve on an evaluation committee, receive and/or score proposals, or otherwise aid in the awarding of contracts.

Professional Fees

• FFL's fees are based on our professional judgment related to a client's specific need and our capability to address that need in a timely and professional manner.
• FFL's services are offered to applicant clients on either a flat-fee or a contingency basis.  If requesting a contingency-based fee, an applicant's fee will be based on the actual disbursement of USF discounts.
• FFL's services are offered to non-applicant clients only on a predetermined, flat-fee basis. This fee is based solely on the level of service provided by FFL and does not vary, regardless of performance.

Adopted July 2004

E-Rate Management Professionals Association Code of Ethics

Funds For Learning is a founding member of the E-Rate Management Professionals Association or E-mpa. In addition to our Code of Conduct shown above, we also agree to be bound to E-mpa's Code of Ethics.

How Our Code of Conduct Applies to Our Services

Funds For Learning's company mission statement is to provide high quality solutions to ALL E-rate program stakeholders.  In doing so, we limit our services to E-rate program compliance support only.

For Applicant Consulting Clients

Applicant consulting clients are notified that FFL provides compliance services to service providers and other E-rate program stakeholders.  To further reduce the potential for any conflict of interest, real or perceived, FFL's applicant support excludes the following types of services:

• Technology planning assistance or recommendations
• Technology purchase recommendations (including network design or equipment specifications)
• RFP preparation
• Bid evaluation assistance or committee participation
• Vendor lists, recommendations or selection
• Professional legal opinions or services

Applicants sign contracts with FFL that acknowledge and accept these self-imposed service limitations.

Funds For Learning does not assist or prepare any applicant forms or applications for any party other than the applicant entity on the application.  In all situations that applicant entity must have a signed contractual agreement directly with FFL (acknowledging above service limitations).

For Service Provider Consulting Clients

Similarly, FFL self-imposes service restrictions for Service Provider clients to exclude the following types of services:

• Bid preparation or responses (contract or related procurement documents)
• Form or application preparation on behalf of vendor's applicant customer
• Recommend  service provider products or services
• Professional legal opinions or services

All service providers are contractually notified that FFL provides E-rate consulting services to applicants and competing service providers.  In an effort to protect applicant clients, Funds For Learning does not disclose applicant client lists to its service providers customers.

All service provider fees are pre-determined flat fees.  FFL does not accept any payment from service providers based on E-rate business or on any type of contingency arrangements.

In addition to FFL's service limitations to applicant and service provider clients, FFL requires all employees to adhere to the company code of ethics and sign client non-disclosure agreements.  FFL is highly sensitive to even the appearance of impropriety and subjects all employees to routine compliance training and reviews.

Misrepresentations of Services

Though FFL undertakes extensive efforts to protect the integrity of its clients and the E-rate program, we have found that our services can still be misrepresented - even by our own clients.  When brought to our attention, we promptly inform our client and/or involved parties about FFL's service offerings and limitations.  In any occurrence of continued misrepresentation of FFL's service offerings, formal notification has been provided including, and not limited to service termination.

In many situations, FFL does not assist the client (Serivce Provider or Applicant) with any document preparation and provides only program guidance and support in the form of training or recommendations.  FFL provides program guidance and recommendations to its clients so that the client can make informed decisions.  In all situations, the client is free to accept or reject the recommendations.