What the elimination of pdvWireless may indicate about the timing of the overall FirstNet project

That would be especially true if the goal is to have a contract finalized with the contractor prior to making an announcement—a topic on which FirstNet officials have not commented to date, citing procurement sensitivity. Given the complexity, scope and stakes associated with a 25-year deal for a nationwide network, the amount of legal time and effort to get all of the wording approved by the contractor, the contractor’s team members, and all of the necessary levels of government likely will be considerable.

Why is the contract date important? The RFP clearly states that the FirstNet network-deployment timetables begin with the signing of the contract, not the announcement of a winning contractor. If the contractor announcement is made without a finalized contract, the “clock” on these timelines still will not have started, according to the RFP.

While many in the public-safety community may be frustrated by the length of time associated with the FirstNet procurement, the critical aspect is that process is executed correctly, so a good contractor choice can be made and the decision can withstand any protests that may be filed. To the credit of those associated with the procurement, know of no leaks of information regarding the evaluation process or even who is on the evaluation team. All officials have been careful not to negatively impact the integrity of the procurement process.

However, many legal and industry experts have expressed concern about the objectives-based approach used in the RFP. This tactic likely achieved its chief goals of attracting bidding teams and innovative ideas, but there is a very real possibility that the strategy could lead to a comparison of “apples and oranges”—a scenario that could lead to protests, according to some sources. In the RFP, there is relatively little detailed guidance to help evaluation-team members discern between two or more bids that may be fully compliant but simply have different business models, according to these sources.

Is that grounds for a protest? Would there be a different legal standard for FirstNet as an “independent authority” as opposed to a traditional government agency? I don’t know, and I’m not sure anyone does, as FirstNet represents uncharted territory from a legal standpoint.

What is also not clear is how a potential protest or possible opt-out decisions by states could impact FirstNet’s projected deployment timeline. If a protest is filed, does all work come to a screeching halt, or does it continue unless the protest is upheld?  

In the meantime, there is no question that people are getting anxious to learn the identity of the FirstNet contractor. After all, FirstNet board members approved the release of the RFP last December, the RFP was issued in January, and bids were submitted by the end of May. It’s been four years since the FirstNet board conducted its first meeting. Plus, it’s been more than 10 years since the notion of a nationwide public-safety broadband network was proposed and almost nine years since the failed spectrum auction of 2008.

But whether the announcement happens on Nov. 1, Nov. 20 or sometime later should not matter, in the long run. Public safety has waited more than a decade for this network, so a few more weeks should not be catastrophic, from a big-picture perspective. What is important is to ensure that this critical procurement is executed right, so this important public-safety initiative can proceed once started in earnest.