Could federal-procurement rules result in FirstNet getting ‘snookered’ in deal with partners?
This idea is not new; for years, many have called for FirstNet to be more independent, instead of acting as another federal government entity. In fact, consultant Andrew Seybold has written numerous times that an independent FirstNet also would be more likely to get bids from wireless carriers, who are anxious to cut FirstNet-sized deals but are wary of entering partnerships with the federal government.
Frankly, I thought the concept of FirstNet being outside of traditional federal-government rules had been put to bed, as FirstNet dutifully has adhered to oft-cumbersome federal regulations regarding everything from hiring to procurement.
An independent FirstNet potentially could be very appealing—particularly in terms of hiring qualified technical prospects, who often cannot justify waiting months to be hired by FirstNet when multiple commercial opportunities are available—but it would be important that the organization maintain the level of transparency and engagement that has proven so successful during the past year.
If this discussion of an independent FirstNet is going to happen, it should begin as soon as possible. Ideally, a decision would be made before the final RFP is released—or before proposals were due—so potential contractors would know what kind of partner FirstNet would be. However, it is difficult for me to imagine a scenario in which Congress moves that quickly on any subject, and some would argue changing FirstNet’s structure could create unwanted delays.
In the meantime, FirstNet and the federal government need to take steps to ensure that the FirstNet board has the expertise necessary to make much-needed decisions surrounding the RFP process. This nationwide public-safety broadband network is too important to the United States—and to the world, which is watching closely—to have anyone get “snookered.”