Uncertain delays creates timing issues for states, public safety in preparation for FirstNet
While this may be possible from a FirstNet perspective of having the state plans ready quickly, compressing the state-plan timeline significantly may not be a good idea. For instance, time will be needed to distribute draft state plans and engage in dialogue with key state representatives before submitting final state plans. Any perceived attempt to rush a state or territory through this key process—particularly after more than five years of waiting for a state plan—could have unwanted long-term consequences with important state partners/customers.
Alabama officials were the first to note this possibility of a compressed timetable between the award announcement and delivery of state plans. Indeed, Alabama cited the notion as one reason it decided to proceed with a statewide RFP in pursuit of a vendor that would build and maintain the LTE radio access network (RAN) in the state, if the governor chose to purse the “opt-out” alternative.
Of course, timing issues potentially could get much more complicated, if Rivada Mercury decides to appeal a ruling that supports the current procurement finding that its proposal is not worthy of being considered in the “competitive range.” Obviously, a legal appeal would take more time, although trying to predict how long courts will take is never a good idea.
Meanwhile, if Rivada Mercury prevails in this current litigation, the evaluation team would need to consider Rivada Mercury in the “competitive range” stage, along with AT&T. In this scenario, after the “competitive range” evaluation process is completed—something that will take some time, although it is difficult to estimate how much—the losing entity would have the option of protesting the decision, which again could create an indefinite delay of potentially significant length.
One encouraging note for those wanting FirstNet to be deployed as quickly as possible is that the U.S. Court of Federal Claims has been known to accelerate legal proceedings related to bid protests that involve national-security or public-safety projects.
In addition, work theoretically could begin before all legal avenues are exhausted, according to sources familiar with the federal-procurement process.
For instance, if the U.S. Court of Federal Claims rules against Rivada Mercury in this initial proceeding, there is a legal maneuver—known as “overriding the stay”—that could be executed to let FirstNet proceed with making its award before the appeal process is completed, according to these sources. However, there are questions whether such a tactic would be advisable, given the nature of the procurement.