Complete_Questions_and_Answers_(Amendments_001_through_015).pdf

Solicitation No. D15PS00295 Questions and Answers

Question #: 1

RFP Section Reference: No Request for Proposal (RFP) reference noted in question submitted

Question:

Can you tell us, does the FIRSTNET NPSBN require ruggedized servers for this program?

With respect to ruggedized, we are specifically referring to servers that operate outside the environmentally controlled data center. Thus, servers which require shock, vibration, extended temperature rating, etc. for more challenging environments.

Answer:

Although the First Responder Network Authority (FirstNet) Nationwide Public Safety Broadband

Network (NPSBN) RFP does not include a specific requirement for ruggedized servers that operate outside the environmentally controlled data center, one of FirstNet’s objectives is to provide nationwide, interoperable public safety broadband network services that ensure network coverage 24 hours a day, 7 days a week, 365 days a year. Further, as noted in Section L.3.2.1.2.3, NPSBN Deployment, an Offeror shall address redundancy strategies in its proposal, including but not limited to backup power, resilient interconnection, and weatherization.

RFP Change (Yes/No):

No

RFP Change Description:

N/A

Question #: 2

RFP Section Reference: Section L.2.4, Submission of Capability Statements, 1 st Paragraph

Question:

Is the Submission of a Capability Statement a hard and fast requirement to be considered eligible to submit a full RFP response?

Answer:

No, in accordance with Federal Acquisition Regulation (FAR) 15.202(b), submission of a capability statement is not a requirement in order to participate in this acquisition and submission of a proposal.

However, Section M.2.1, Phase I – Capability Statements, affords the Government the opportunity to provide feedback to the potential Offeror regarding evaluation of the capability statement prior to submission of formal proposals to the solicitation. Such feedback may be helpful to the potential Offeror in formulating its solicitation response.

Question #: 3

RFP Section Reference: Section M.2.1, Phase I – Capability Statements, 2 nd

Paragraph

Question:

If the submission must be provided then who will be privy to these statements and will they be made public?

Answer:

In accordance with FAR 15.202(b), submission of a capability statement is not a requirement in order to participate in this acquisition and submission of a proposal. Also, 41 U.S.C. § 2102, “Prohibitions on

Disclosing and Obtaining Procurement Information,” prohibits publicly disclosing any source selection information. Therefore, only the source selection evaluation team will be privy to the capability statement submissions, and they will not be made public.

Question #: 4

RFP Section Reference: Section M.2.1, Phase I – Capability Statements, 2 nd

Paragraph

Question:

Will a list of qualified bidders who submit Capability Statements be kept private, within the confines of

FirstNet or will they be made public?

Answer:

41 U.S.C. § 2102, “Prohibitions on Disclosing and Obtaining Procurement Information” prohibits publicly disclosing any source selection information. Therefore, the list of those who submitted capability statements will not be released to the public.

Question #: 5

RFP Section Reference: Section B.4.4 FirstNet Operational Sustainability and B.4.5, Adjustment to

Proposed Payments to the Contractor for State RAN Provision

Question:

This section that the offeror will draw down funds from FirstNet as provided in the schedule ($1.5 Billion as each IOC (1-5 and the FOC) and then pay FirstNet (table 1 page B-6) , as a minimum fee each year for

25 years. Later in Paragraph 3 it states that if a State opts out the payment to the offeror will be reduced by the amount specified by the offeror to deploy the RAN for that State. The RFP does not show the flow of income from use of the network by the First Responders, yet it does specify (in section B.4.3 that the offeror is expected to collect, but it does not specify who will collect the fees from the first responders and how these funds will flow.

Answer:

For the FirstNet-deployed Radio Access Network (RAN), FirstNet anticipates that the flow of revenue resulting from user fees assessed to Public Safety Entities will be received and retained directly by the

Contractor, subject to the minimum payment requirements to FirstNet as set forth in Section B.4.4, FirstNet Operational Sustainability. For state-deployed RANs, the flow of revenue will be specified in a

Spectrum Manager Leasing Agreement (SMLA) or other relevant agreements between FirstNet and a state or territory that successfully assumes responsibility for the state-deployed RAN. To the extent relevant to those discussions, FirstNet will appropriately coordinate with the Contractor relating to the ultimate arrangement with the state or territory.

Question #: 6

RFP Section Reference: Section B.4.3, Excess Network Capacity

Question:

This paragraph states that a state that opts out then the offeror may not receive access to the network capacity value for that state or territory. Yet in your responses to the clarification filings FirstNet stated that any State that opts out will not be able to have access either the First Responder or the secondary revenue. Which of these two statements is the correct one? And if the offeror is not entitled to this income who exactly is and for what purpose?

Answer:

The solicitation—specifically, Section B.4.3, Excess Network Capacity— correctly states that the

Contractor may not receive access to the network capacity value for a state or territory that successfully assumes responsibility for RAN deployment in that state or territory. Pursuant to the Public Notices, as part of successfully assuming responsibility for the state-deployed RAN, states and territories must enter in an SMLA or other agreement for the use of spectrum with FirstNet. The terms and conditions of any such agreement between FirstNet and the state or territory will govern the use of the spectrum.

Question #: 7

RFP Section Reference: Standard Form 33, Block 9

Question:

Will FirstNet exceed the RFP due date until at least the end of May if not longer?

Answer:

Due to the critical schedule for award, the Government is extending the submission of proposals due date for two additional weeks.

Yes

Section L.2.5, Submission of Proposals, is being extended to “… on or before 2 p.m. Eastern Time on

Friday, May 13, 2016.”

Question #: 8

RFP Section Reference: No RFP reference noted in question submitted

Question:

We would like to participate in this RFP with the Network Monitoring and Service Assurance and

Analytics solution. Would you please direct us to the section we should use to provide our answers for the requirements.

Answer:

It is FirstNet’s intent to issue a single contract for the comprehensive solution outlined in the RFP.

FirstNet expects Offerors to propose a solution that addresses all of the objectives identified in Section C, Statement of Objectives, and in accordance with all relevant sections of the RFP, or otherwise partner with an Offeror that plans to do so. As a courtesy, FirstNet is maintaining a list of those vendors that are interested in subcontracting and partnering opportunities with other potential Offerors. Please review

Section L.2.1, Partnering/Teaming List, for more information.

Question #: 9

RFP Section Reference: Section B.4.3, Excess Network Capacity, 1 st paragraph

Question:

RFP states, “This results in the ability of the Contractor to utilize all 20 MHz of Band 14 spectrum under

FirstNet’s license in order to derive revenue that may be retained by the Contractor.”

Will the Authority please confirm that all revenue derived both from providing prioritized broadband services to public safety personnel and from any and all monetization of excess network capacity under

FirstNet approved spectrum use agreements for the states that the contractor builds will be retained by the contractor?

Answer:

Yes. As detailed in Section B.4.2, Public Safety Revenue, and in other sections of the RFP, the Contractor may charge and retain fees associated with use of the NPSBN by Public Safety Entities. Additionally, as further detailed in Section B.4.3, Excess Network Capacity, and in other sections of the RFP, the

Contractor may derive and retain revenue from all excess network capacity from FirstNet-deployed RANs under this contract. In exchange for use of the excess capacity and other assets provided under the RFP by

FirstNet, the Contractor will also be required to provide the fixed payments as set forth in Section L.3.3.7, FirstNet Minimum Payment Thresholds, and Section B.4.4, FirstNet Operational Sustainability. Where the Offeror proposes payments to FirstNet in excess of the stated minimum payments, that funding will be reinvested in the network in accordance with the Act.

Question #: 10

RFP Section Reference: Section B.4.3, Excess Network Capacity, 1 st paragraph

Question:

RFP states, “This results in the ability of the Contractor to utilize all 20 MHz of Band 14 spectrum under

FirstNet’s license in order to derive revenue that may be retained by the Contractor.”

Will the Authority please confirm that these spectrum use revenues flow directly to the Contractor to cover the cost to build, operate, and maintain the network?

Answer:

Yes, the public safety revenue and excess network capacity revenue will flow directly to the Contractor.

As detailed in Section B.4.2, Public Safety Revenue, and in other sections of the RFP, the Contractor may charge and retain fees associated with use of the NPSBN by Public Safety Entities. Additionally, as further detailed in Section B.4.3, Excess Network Capacity, and in other sections of the RFP, the

Contractor may derive and retain revenue from all excess network capacity from FirstNet-deployed RANs under this contract. In exchange for use of the excess capacity and other assets provided under the RFP by

FirstNet, the Contractor will also be required to provide the fixed payments as set forth in Section L.3.3.7, FirstNet Minimum Payment Thresholds, and Section B.4.4, FirstNet Operational Sustainability. Where the Offeror proposes payments to FirstNet in excess of the stated minimum payments, that funding will be reinvested in the network in accordance with the Act.

Question #: 11

RFP Section Reference:

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please explain the process, including roles and responsibilities, of the Contractor and

FirstNet in negotiating and implementing Covered Lease Agreements with secondary user organizations to monetize the related excess network capacity?

Answer:

The question inaccurately describes the relationships between the Contractor and organizations other than

FirstNet as a Covered Leasing Agreement. The Act provides that only FirstNet may enter into Covered

Leasing Agreements, which are defined in the Act as agreements between FirstNet and secondary users that must construct, manage, and operate the NPSBN in return for permitting access to network capacity on a secondary basis for non-public safety service. With regard to the NPSBN, the Contractor will be considered the secondary user for purposes of the Covered Leasing Agreement. See 47 U.S.C. §

1428(a)(2). See also Final Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of

2012, 80 Fed. Reg. 63523, 63531-2 (Oct. 20, 2015) (interpreting certain provisions relating to Covered

Leasing Agreements). Secondary users, however, also include any user that seeks access to or use of the network for non-public safety services. See Final Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of 2012, 80 Fed. Reg. 63523, 63528 (Oct. 20, 2015).

As a result of being permitted to access network capacity under a Covered Leasing Agreement, the

Contractor, as a secondary user, will have discretion in determining how to monetize the excess network capacity and provide secondary use of the network for non-public safety services in accordance with the terms of the contract, including entering into user or subscription agreements with non-public safety end users and agreements with other secondary users, such as third-party vendors, that will require access to the network capacity to reach non-public safety end users in certain geographic areas. While in such instances the Contractor is not permitted to sublease the spectrum or enter into Covered Leasing

Agreements, the Contractor may enter into agreements with such secondary users for use of the excess capacity. FirstNet does not anticipate being directly involved in such agreement negotiations, provided all such arrangements are consistent with the terms of the Covered Leasing Agreement between FirstNet and the Contractor as set forth in Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet

Network Capacity, which will be incorporated into and made part of the contract.

Question #: 12

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

We assume the reference to “other stakeholders” is intended solely to describe any public-private partnership structures between opt-out states, if any, and their respective commercial partners. Will the

Authority please clarify the intended meaning of this reference to “other stakeholders” in A1.9?

Answer:

Your assumption is incorrect. The reference to “other stakeholders” is intended to indicate that FirstNet is not limited to entering into a single covered leasing agreement, but may—to the extent necessary to deploy the NPSBN—enter into multiple covered leasing agreements. See Final Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of 2012, 80 Fed. Reg. 63523, 63531 (Oct. 20, 2015).

However, FirstNet intends to enter into a single covered leasing agreement with the Contractor as part of this RFP.

Question #: 13

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please confirm that neither FirstNet nor its representatives will be involved the negotiation of any arrangements between the Contractor and secondary user entities (e.g., other operators, MVNO’s, rural roaming partners) for the purchase and use by such entities (or their end user customers) of the Network’s available excess capacity in the states that the contractor builds?

Answer:

The question inaccurately describes the relationships between the Contractor and organizations other than

FirstNet as a Covered Leasing Agreement. The Act provides that only FirstNet may enter into Covered

Leasing Agreements, which are defined in the Act as agreements between FirstNet and secondary users that must construct, manage, and operate the NPSBN in return for permitting access to network capacity on a secondary basis for non-public safety service. With regard to the NPSBN, the Contractor will be considered the secondary user for purposes of the Covered Leasing Agreement. See 47 U.S.C. §

1428(a)(2). See also Final Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of

2012, 80 Fed. Reg. 63523, 63531-2 (Oct. 20, 2015) (interpreting certain provisions relating to Covered

Leasing Agreements). Secondary users, however, also include any user that seeks access to or use of the network for non-public safety services. See Final Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of 2012, 80 Fed. Reg. 63523, 63528 (Oct. 20, 2015).

As a result of being permitted to access network capacity under a Covered Leasing Agreement, the

Contractor, as a secondary user, will have discretion in determining how to monetize the excess network capacity and provide secondary use of the network for non-public safety services in accordance with the terms of the contract, including entering into user or subscription agreements with non-public safety end users, and agreements with other secondary users, such as third-party vendors, that will require access to the network capacity to reach non-public safety end users in certain geographic areas. While in such instances, the Contractor is not permitted to sublease the spectrum or enter into Covered Leasing

Agreements, the Contractor may enter into agreements with such secondary users for use of the excess capacity. FirstNet does not anticipate being directly involved in such agreement negotiations, provided all such arrangements are consistent with the terms of the Covered Leasing Agreement between FirstNet and the Contractor as set forth in Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet

Network Capacity, which will be incorporated into and made part of the final contract.

In addition, the Government encourages the Contractor to establish relationships with third-party vendors/subcontractors in order to meet FirstNet’s objectives, including relationships with rural providers to ensure access to the NPSBN in rural areas. FirstNet acknowledges that these third parties may require access to network capacity to provide services both to public safety and non-public safety users. FirstNet will not be directly involved in the agreements between the Contractor and third-party subcontractors to furnish supplies or services for performance, provided any such agreements are consistent with the terms of the contract. (See FAR 42.505(b)).

Question #: 14

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please confirm that neither FirstNet nor its representatives will mandate or limit any of the terms and conditions (including those relating to capacity use, rates and fees as well as the assignment of priority service levels below those reserved for public safety) that must be included in or excluded from any such arrangements (other than terms reasonably required to assure that the stated priority service commitments and preemption rights and entitlements of public safety users on the Network will be honored and implemented)?

Answer:

FirstNet will not be involved in the negotiation of any agreements between a Contractor and any secondary users (i.e., non-Public Safety Entity, such as other commercial wireless customers) in states or territories in which the Contractor is responsible for network deployment and operation. Nevertheless, any such agreements will be subject to specific requirements of the Act and terms and conditions of the contract resulting from this solicitation including an executed covered leasing agreement between

FirstNet and the Contractor (e.g., ensuring priority use of the network capacity by Public Safety Entities).

As correctly noted in the question, FirstNet will not be involved in the establishment of any terms and conditions with any of the Contractor’s subcontractors or teaming partners (such as priority service levels below those agreed upon for public safety).

Question #: 15

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please confirm that any decision to enter into and to terminate any of such excess network capacity arrangements will be solely in the business discretion of the Contractor (assuming the

Contractor complies with the terms of such arrangement and otherwise meets requirements of law applicable to such arrangements)?

Answer:

The authority to enter into or terminate a covered leasing agreement, as described in Section 1428(a)(2) of the Act, is an inherently governmental function that may only be conducted by FirstNet. The Contractor will have no discretion or authority to initiate or terminate any of these agreements.

However, FirstNet will not be involved in the negotiation of any agreements between a Contractor and secondary user (i.e., non-Public Safety Entity) in states or territories in which the Contractor is responsible for network deployment and operation. Nevertheless, any such agreements will be subject to specific requirements of the Act and terms and conditions of an executed covered leasing agreement between FirstNet and the Contractor (e.g., ensuring priority use of the network capacity by Public Safety

Entities). To the extent Contractor is referring to such third-party agreements, then the Contractor will have the discretion to enter into or terminate such agreements subject to compliance with applicable laws and all terms of the contract resulting from this solicitation.

Question #: 16

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please clarify, what control and role does the Contractor have in negotiating these excess capacity use business terms with secondary user entities?

Answer:

FirstNet will not be involved in the negotiation of any agreements between a Contractor and secondary user (i.e., non-Public Safety Entity) in states or territories in which the Contractor is responsible for network deployment and operation. However, any such agreements will be subject to the specific requirements of the Act and the terms and conditions of any executed covered leasing agreement between

FirstNet and the Contractor (e.g., priority use of the network capacity by Public Safety Entities).

Question #: 17

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please clarify, who has the final determination of acceptability of the business terms of any arrangements with such secondary user entities – FirstNet or the Contractor?

Answer:

FirstNet will not be involved in the negotiation of any agreements between a Contractor and secondary user (i.e., non-Public Safety Entity) in states or territories in which the Contractor is responsible for network deployment and operation. However, any such agreements will be subject to the specific requirements of the Act and the terms and conditions of any executed covered leasing agreement between

FirstNet and the Contractor (e.g., priority use of the network capacity by Public Safety Entities).

Question #: 18

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please clarify whether the Contractor must offer or otherwise make available any excess capacity to secondary user entities (i.e., may the Contractor determine to use the entire excess capacity for meeting its own needs, or choose not to make any remaining excess capacity available to secondary user entities once its own needs are met)?

Answer:

The Contractor is not required to offer or otherwise make available any excess network capacity, but will have discretion in determining how to utilize the excess network capacity and provide secondary use of the network for non-public safety services in accordance with the terms of the contract, including all priority service commitments, preemption rights, and other entitlements of public safety users on the network.

Question #: 19

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please clarify if there are any circumstances in which secondary user entities could obtain access to any excess network capacity directly from FirstNet (e.g., could FirstNet mandate that non-priority access to and use of the Network be made available to non-public safety group members in the event of a declared emergency)?

Answer:

FirstNet may only directly provide access to network capacity on a secondary basis to entities that have entered into a covered leasing agreement with FirstNet as described in Section 1428(a)(2) of the Act.

Question #: 20

Section J, Attachment J-7, Operational Architecture, Section 1.3, Operational Architecture – FirstNet

Functions, Sub-Paragraph A1.9, Covered Leasing Agreements

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 2.3

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 3.1, subparagraph (iv)

Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraph 4.1

Question:

A1.9 States, FirstNet is “Responsible for creating the framework for the secondary use of Band 14, negotiating Covered Leasing Agreements with the Contractor and other stakeholders, and monitoring the agreements.”

J-20, Section 2.3 cites “this is not a spectrum lease” and “the Contractor is expressly prohibited from subleasing spectrum authorized to FirstNet”.

J-20, Section 3.1, part (iv) cites, “FirstNet shall make all policy decisions regarding the NPSBN”.

J-20, Section 4.1, cites, “… contractor shall be solely responsible for … all licenses (except for station license WQQE234), permits, consents, authorizations or other rights required for the use of the Network

Capacity, including with respect to the NPSBN and the provision of wireless services to any PSE user or secondary user….

Will the Authority please clarify if there are any limitations imposed by FirstNet regarding the entities to whom excess network capacity is monetized?

Answer:

There is no limitation on the types of entities that may gain access to or use of the network on a secondary basis for non-public safety services. See Final Interpretations of Parts of the Middle Class Tax Relief and

Job Creation Act of 2012, 80 Fed. Reg. 63523, 63528 (Oct. 20, 2015). However, the Contractor shall abide by the terms and conditions of the covered leasing agreement set forth in the Act and the contract.

Question #: 21

RFP Section Reference: Section J, Attachment J-20, Terms and Conditions for the Use of FirstNet

Network Capacity, Section 1.2, Terms and Conditions, Sub-Paragraphs 2.3, 3.1, and 4.1

Question:

If the Contractor is successfully meeting all performance milestones and annual payment commitments to

FirstNet without maximizing the value of the excess network capacity, does the Authority have any interest or mechanism to compel the Contractor to expand monetization of the excess network capacity and generate more revenue from the spectrum?

Answer:

No. FirstNet’s goal is to maximize the performance of the NPSBN, as defined through the objectives described in Section C, Statement of Objectives. The network capacity lease provides a means to support the performance of those public safety objectives through a public-private arrangement. FirstNet expects that an Offeror will develop a proposal that will allow it to compete on the performance of the NPSBN’s stated objectives and meet or exceed FirstNet’s identified minimum payments per Section B.4.4, FirstNet

Operational Sustainability, and other sections of the RFP, while allowing for a successful and financially sustainable business model for both the Contractor and FirstNet. Any excess revenue that would come back to FirstNet would be reinvested in the network, in accordance with the Act, as well to ensure the best possible network for public safety.

Question #: 22

RFP Section Reference: Section B.4, Financial Resources and Capabilities

Question:

Would FirstNet be receptive to tax advantaged network financing arrangements (e.g., private sources of capital would fund some share of (and to the extent of such funding, would own title to) for network equipment under a “leasing arrangement” – allowing the private capital sources to obtain depreciation/other tax benefits as part of their “all in return”?

Answer:

FirstNet does not intend to own title to network equipment. Offerors are free to propose title, financing, and tax structures as part of their overall business plan to best meet the objectives of the NPSBN as set out in Section C, Statement of Objectives, and in accordance with all applicable laws and regulations with regard to tax arrangements and/or benefits.

Question #: 23

Question:

What activities will occur at the conclusion of the contract? Does the Authority intend that spectrum use agreements will be renegotiated and/or another competitive procurement will be awarded for follow-on

FirstNet network build, operation, and maintenance?

Answer:

Upon expiration of the period of performance, any follow-on procurement will be conducted in accordance with all applicable laws and regulations with regard to the competitive process. At the conclusion of the contract—or in the event of any cessation of the contract—the Contractor will develop a transition plan, pursuant to Section H.16.4, Transition Plan.

Question #: 24

RFP Section Reference: Section M.4, Evaluation Factors, 3 rd paragraph

Question:

The Authority’s evaluation factors are listed in descending order of importance. Will the Authority please provide the numeric weights of each of the evaluation factors for this procurement?

Answer:

The Government is not assigning numeric weights to the evaluation factors for this acquisition. All factors and sub-factors were identified along with their relative importance in accordance with FAR

15.304.

Question #: 25

RFP Section Reference: Section L.3.1.1, Section One – General, 5 th paragraph

Question:

The Authority states that separate tabs are required to describe the Day 1 Task Orders solutions. Please confirm that the tabs are considered attachments to the Business Volume and, therefore, the tabs are excluded from the 100 page limitation of the Business Volume.

Answer:

Yes, the Day 1 task order solutions are attachments to the Business Volume. However, the RFP will be amended to provide clarification as well as to identify a page limitation applicable to these solutions.

L.3.1.1 Section One – General, fifth paragraph, is hereby revised, as incorporated in Amendment No. 001, to read, “… Each separate tab noting the solution for each Day 1 task order shall not exceed 50 pages in length (25 sheets of paper, double-sided print)."

Question #: 26

RFP Section Reference: Section L, General

Question:

An executive summary would be a valuable tool for the Authority to better understand the offer and accelerate proposal evaluation. May the Offeror provide an executive summary for each proposal volume? Is it acceptable to exclude the executive summary from the page count limitations established for each proposal volume in section L?

Answer:

Yes, Offerors may include an executive summary within each volume submission. The RFP is hereby amended, as incorporated in Amendment No. 001, to include details regarding the executive summary submission, which will be excluded from the overall page count limitation.

Section L.3, Proposal Format and Submission Instructions, second paragraph is hereby revised, as incorporated in Amendment No. 001, to include the following statement: “Each volume may include an

Executive Summary that shall not exceed 4 pages in length (2 sheets of paper, double-sided print).” The third paragraph, fifth sentence is hereby revised to read, “The page limitation excludes the cover page; an

Executive Summary …”

Question #: 27

RFP Section Reference: Section J, Attachment J-1, Coverage and Capacity Definitions, General

Question:

Will the Authority please identify/provide the file names for the shape files in the

Coverage_Objectives_Map_v1.0.mpk data for CONUS, AK, PR and VI? Should Offerors also use the shape files from the Draft RFP or are all shape files for the Final RFP being made available for every

State, territory, and required coverage scenario addressed by this RFP?

Answer:

As described in Section J, Attachment J-1, Coverage and Capacity Definitions, Section 1, Coverage

Objectives, all individual shape files have been combined into a single file entitled

Coverage_Objectives_Map_v1.0.mpk. The mpk file provides layer title headings to distinguish CONUS, AK, PR, and VI. Only those files released with the RFP on January 13, 2016 (Solicitation

D15PS00295E), apply.

Question #: 28

RFP Section Reference: Section C.6, State Coverage Objectives, 2 nd paragraph

Question:

States deploying their own RAN must meet the coverage objectives and the terms of a Spectrum Manager

Lease Agreement.

Why is this agreement called a SMLA? Why is this referred to as a SMLA and not a CLA? What is the difference between these two terms?

Answer:

A covered leasing agreement and a spectrum manager leasing agreement are two different types of arrangements available to FirstNet for leasing excess network capacity and leasing spectrum, respectively.

A covered leasing agreement is described in 47 U.S.C. § 1428(a)(2). A spectrum manager leasing agreement is described in 47 C.F.R. § 1.9020. The agreement with the Contractor will be a covered leasing agreement. An SMLA may be utilized where a state or territory successfully assumes responsibility for the state-deployed RAN.

Question #: 29

RFP Section Reference: Section B.4.5, Adjustment to Proposed Payments to the Contractor for State

RAN Provision, 1 st paragraph

Question:

Funding to the contractor will be reduced by the amount of the cost of deployment indicated for a State that is authorized to Opt-out. Funds will be made available to the State through an NTIA grant program.

How will these funds be redistributed, if not used for grants to States? Will the funds be redistributed to the contractor if those funds are not used for grants to the States?

Answer:

All funding that remains with FirstNet following the administration of the grant program described in 47

U.S.C. § 1442 will be reinvested in the construction, maintenance, operation, and improvement of the

NPSBN by FirstNet in accordance with the Act. The timing and method for such investment will be determined after final commitment of all necessary grant funds.

Question #: 30

RFP Section Reference: Section J, Attachment J-17, Coverage and Capacity Template, Network

Capacity Tab

Question:

There are 17 total tabs requiring extensive information in J-17. The Network Capacity tab only indicates

11 rows – it does not seem complete – and the amount of information requested is unclear. Will the

Authority please clarify the format for the Network Capacity tab within J-17 and the information requested?

Answer:

Within the Network Capacity tab of Section J, Attachment J-17, Coverage and Capacity Template, each row is to be completed by the Offeror. Each row should contain a single county in which an Offeror can describe its Band 14 capacity. An updated version of the Attachment J-17 spreadsheet is being provided with all the counties listed as incorporated in Amendment No. 001. If an Offeror has no Band 14 capacity in a given county, then the Offeror should enter 0 for that county or leave the value blank.

Section J, Attachment J-17, Coverage and Capacity Template, Band 14 Network Capacity tab, is hereby revised, as incorporated in Amendment No. 001, to include a complete list of counties (with the associated FIPS code). If an Offeror has no Band 14 capacity, then within the spreadsheet an Offeror is instructed to enter 0.

Question #: 31 – Please note, the answer to this question hereby supersedes the one issued in

Amendment 001

RFP Section Reference: Section J, Attachment J-1, Coverage and Capacity Definitions, 2 nd paragraph and Figure 1, Coverage Objective Map

There is considerable state to state variation in state-defined persistent coverage objectives. When scoring proposals, will FirstNet be taking into consideration how well the proposals address all of the coverage inputs or will they consider only the uniformly derived FirstNet baseline coverage? If all persistent coverage inputs will be considered (FirstNet Baseline, State Input, Federal Input), how will

FirstNet assign value to satisfying these different input objectives?

Answer:

As stated in Section J, Attachment J-1, Coverage and Capacity Definitions, Section 1, Coverage

Objectives, “The coverage objective map reflects coverage objectives based on data from the following four categories:

FirstNet Baseline – Original coverage objective map developed by FirstNet, further described in

Section 3, Coverage Objective Map Methodology

State Inputs – Areas of interest identified by states, territories, and tribal nations that were not addressed in FirstNet’s baseline

Federal Inputs – Areas of interest from federal entities, not identified by the FirstNet baseline or state inputs

On-Demand Temporary – Areas where there are rare occurrences for the need of coverage

The FirstNet baseline … indicates areas where persistent coverage is desired. On-demand temporary solutions are adequate for the other areas identified."

The FirstNet Coverage Objectives indicate areas where persistent coverage is desired at a minimum. As stated in Section M.4.2.1, Coverage and Capacity Maps and Statistics, “The Offeror’s proposed solution will be evaluated for each of the 56 states and territories using the information provided by the Offeror through coverage maps as well as network statistics included in Section J, Attachment J-17, Coverage and

Capacity Template. The Government will evaluate the maps and statistics against the coverage objectives specified in Section J, Attachment J-1, Coverage and Capacity Definitions … The Government will evaluate the Offeror’s proposed solution using a quantitative approach for each of the following coverage and capacity elements:

Non-Band 14 Area Coverage – The amount of land mass that is covered with non-Band 14 coverage solutions

Non-Band 14 Population Coverage – The amount of population that is covered with non-Band

14 coverage solutions

Band 14 Area Coverage – The amount of land mass that is covered with Band 14 coverage solutions

Band 14 Population Coverage – The amount of population that is covered with Band 14 coverage solutions

Band 14 Network Capacity – The amount of designed network capacity for first responders and secondary users”

Each of the above elements in the quantitative approach will be weighted equally. Other elements of an

Offeror's coverage will be evaluated qualitatively referencing the objectives as set forth in Section C, Statement of Objectives, and the requirements and recommendations specified in Section J, Attachment J-

3, FCC TAB RMTR.

Question #: 32

RFP Section Reference: Section L.3.2.1.1.1, Non-Band 14 Area Coverage

Question:

Is the non-B14 coverage intended to be only temporary or might it be part of the long-term solution (i.e.

post FOC)? If non-B14 coverage is part of the long-term solution, will FirstNet require the same QPP standards as on B14 coverage? Similarly, might the non-LTE technologies be part of the long-term solution?

Answer:

As stated in Section M.2, Evaluation Process, second paragraph “… the Government will consider unique, innovative approaches to achieving an overall best value solution consistent with the objectives as set forth in Section C, Statement of Objectives, and the requirements and recommendations specified in

Section J, Attachment J-3, FCC TAB RMTR.”

Offerors should propose the best overall RAN design and solution with respect to Section C, Statement of

Objectives. Complementary to LTE on Band 14, this proposed design may include Non-Band 14 and/or non-Long Term Evolution (LTE) as a part of a long-term solution.

While FirstNet's preference is for Quality of Service, Priority, and Preemption (QPP) functionality on all operational bands, it is up to the Offeror to determine whether QPP functionality is achievable on non-

Band 14 spectrum and technologies as part of their proposed solution.

Question #: 33

RFP Section…