CID Wireless Services and Devices EFOJ Final Redacted.pdf

Control Number:

JUN 2023

The specific capabilities of the FirstNet network allow for public-safety communications traffic to receive higher priority than routine civilian traffic. For example, in the event of natural disasters, terrorist attacks, or other mass casualty events, normal communication networks become swamped by huge volumes of calls and data. FirstNet was specifically designed to mitigate this problem by providing a separate network, dedicated to first responders and other public-safety personnel, which will continue to operate under these adverse conditions. FirstNet is unique from WPS due to its ability to not have emergency personnel need to type in a code to use the services.

Additionally, this network provides access to FirstNet rapid response, meaning the emergency personnel can “push to talk”. There is only one provider with the “push to talk” capability that provides the highest priority on the network while keeping the microphone open, equivalent to a 911 call. This would essentially make the phone a walkie-talkie allowing multiple users with the capability to receive the message, regardless of location while keeping the priority line open.

As a law enforcement agency, it is critical for CID special agents to have access the FirstNet network and its associated hardware, software, and services. AT&T is the only vendor that can provide access to FirstNet Network wireless devices and services. CID special agents need to maintain FirstNet access to enable its personnel to quickly and easily communicate with other agencies at the federal, state, and local level. The software, hardware, and services of FirstNet allow agencies to quickly and securely create and share ad hoc network resources with personnel from other organizations.

Additionally, the use of FirstNet is directed by Federal law, as described above.

There are no other solutions that provide the ability to share communications with the 27,500 public-safety agencies that are currently using FirstNet. There are other providers that provide WPS, however they do not follow Government oversight to the network they have, and they do not have access to the band 14 Spectrum. No other vendor has a technical solution which offers comparable capability and interoperability with so many other public-safety organizations or under the direction of the federal law section 6002. This solution was planned, funded, designed, built, and maintained by the federal Government for precisely this purpose.

6. Efforts to Obtain Competition: The requiring unit conducts continuous research and evaluation of alternative products across the spectrum of requirements. However, due to the specialized needs of this requirement and the federal law section 6002 direction to use this network, only AT&T can provide FirstNet to meet the needs of the requiring unit. A notification of intent to go sole source to AT&T IAW FAR 5.201 will be posted.

a. Effective competition. Competition for this requirement will be limited due to the specialized requirements of the requiring activity and the federal law section 6002 direction to use this network. At this point there is only one company, AT&T, who has the capability to meet this requirement and is currently the provider for federal, state, and local Government agencies nationwide. Due to the Government’s extensive investment in FirstNet at approximately $6.5B, it is unlikely that the Government will make that investment with another service provider. The FirstNet ID/IQ contract was

Control Number:

JUN 2023

solicited as Full and Open Competition, to which only AT&T responded and subsequently received award.

b. Subcontracting competition. Due to the nature of the requirement, the Government does not anticipate subcontracting opportunities.

7. Actions to Increase Competition: The requiring activity conducts continuous market research and evaluation of alternative products across the spectrum of requirements.

CID will continue to monitor requirements and seek new equipment opportunities to identify new vendors capable of providing cellular wireless voice and data services, related equipment, and associated support compatible with the FirstNet network. Future requirements will be reviewed and competed to the maximum extent practicable.

8. Market Research: As stated in the Memorandum for Senior Pentagon Leadership Commanders of the Combatan Commands Defense Agencies and DOD Field Activity Directors, dated 23 May 2024, “Effective May 8th, 2024, all DoD Components, will use the Department of Defense Wireless Services Spiral 4, Indefinite Delivery, Indefinite Quantity, Multiple Award Contracts (IDIQ MACs) with FFP Task Orders for all new purchases.” Historically, AT&T has been the only company that’s been able to provide the FirstNet Network Services. In accordance with Annex C (FirstNet Authority to Award Sole Source) to OPORD 21-XXX: IMCOM FirstNet Transition and Infrastructure Improvements, dated April 16, 2018, the FirstNet NPBSN contract was awarded utilizing full and open competitive procedure which resulted in a single award to AT&T. The NPSBN and associated devices will be branded as FirstNet, consistent with applicable laws and regulations. Additionally, the Contract Specialist and Contracting Officer compared T-Mobiles WPS to AT&T’s FirstNet and determined that T-Mobiles WPS does not provide the required capabilities offered by FirstNet.

9. Other Facts: N/A a Procurement history.

(1) Contract number and date of the last contract for these same requirements:

W15QKN-23-F-0508 awarded July 28, 2023

(2) The competitive status of these action: Issued under Fair Opportunity under Spiral 3.

(3) Authority previously cited if less than full and open competition was used: N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this