Florida judge recommends dismissal of Harris protest, award of statewide P25 contract to Motorola Solutions

A Florida administrative law judge recommended that the state’s Department of Management Services (DMS) dismiss a protest from incumbent vendor Harris and award Motorola Solutions a contract worth as much as $687.8 million to provide a P25 statewide law-enforcement radio system (SLERS) to Florida first responders.

“Harris did not meet its burden of proving that the Department’s decision to award the SLERS contract to Motorola is contrary to its governing statutes, rules, or policies, or the ITN’s terms or provisions,” administrative law judge Bruce Culpepper stated in an 86-page decision released this week. “The Department’s selection of Motorola should not be set aside.”

Motorola Solutions’ bid to build a 144-site P25 network to provide statewide coverage was about $300 million less than the bid that Harris submitted to build a 190-site P25 system over the life of the potential 15-year agreement.

Culpepper’s ruling means that Motorola Solutions has cleared the final legal hurdle associated with the SLERS procurement. Assuming that DMS—a state entity that joined Motorola Solutions in opposing the Harris protest—makes the award, Motorola Solutions could begin work to develop its planned P25 network that needs to be operational by the end of June 2021, when the current SLERS contract with Harris expires.

“We are pleased that the State of Florida’s Administrative Law Judge confirmed the Department of Management Services’ selection of Motorola Solutions to build a new statewide public-safety radio system,” according to a Motorola Solutions statement provided to IWCE’s Urgent Communications.

“They have shown confidence in Motorola Solutions, based on our decades of experience building mission-critical communication solutions throughout the state and the nation. We look forward to delivering state-of-the-art interoperable communications for Florida’s first responders and the people they protect.”

While the new SLERS will use standards-based P25 technology, the current SLERS leverages proprietary EDACS technology from Harris, based on an agreement signed with the state in 2000. Currently, SLERS provides coverage to more than 20,000 mobile and portable radios used by state law-enforcement entities.

Harris expressed disappointment with Culpepper’s ruling.

“Harris is one of the largest public companies headquartered in Florida, and we are dedicated to providing first responders in our home state with the best equipment and technology they need to serve our communities every day,” according to a Harris statement provided to IWCE’s Urgent Communications. “Harris is committed to the successful operation of the SLERS system in Florida, and confident Harris’ incremental investment strategy is superior to our out-of-state competitor’s plan to build a costly, duplicate system.

“We will review [Culpepper’s] recommendation, and we will continue to work with DMS and state leaders on appropriate next steps with SLERS.”

Even with Culpepper’s decision, several key issues still need to be addressed before Motorola Solutions can build the P25 system, such as the negotiation of a formal contract and the identification of a new funding stream to augment the current SLERS funding sources.

Motorola Solutions quoted a maximum annual price for providing the P25 SLERS service for 15 years at $32.65 million per year, but current SLERS funding sources total about $18 million per year. To date, Florida lawmakers have not identified a source for additional funding to pay for the SLERS, according to numerous sources.

In addition, the Motorola Solutions proposal for SLERS calls for the use of 21 tower sites that are owned by Harris and are being used to support the existing EDACS-based SLERS. Motorola Solutions’ proposal anticipates being able to use these 21 towers—dubbed “conveyed towers” in Culpepper’s ruling—rent free, but Motorola Solutions’ ability to leverage these assets of the current statewide radio system is a matter being disputed by Harris, according to Culpepper’s ruling.

“Under the existing SLERS contract, Harris will continue to own the Conveyed Towers until June 30, 2051,” according to a footnote in Culpepper’s decision. “On that date, the State of Florida must purchase the Conveyed Towers back from Harris. (The current contract also contains a “buy back” provision wherein Harris and the State of Florida may agree to an earlier sales date.)

“At the formal hearing, Harris asserted that its existing SLERS contract does not grant the State of Florida or Motorola the legal authority to use the Conveyed Towers as part of Motorola’s proposed P25 system until Harris sells the Conveyed Towers back to the State.”

Harris will sell the state of Florida each of its 210 tower sites as a cost of $1 per tower in 2051, according to a 2010 amendment of the SLERS contract that is available on the Florida DMS web site.

A subsequent footnote in the Culpepper decision notes that “Harris’ rights and obligations to the Conveyed Towers is currently the subject of state court litigation.”