Schedule a - Statement of Work (SOW)

Schedule A - Statement of Work (SOW)

1.000 Project Identification

1.001 Project Request

The State of Michigan (State) invites qualified entities to submit a proposal for the design, installation, and operation of a statewide broadband wireless system to serve Michigan public safety entities. It is the intent of this request for proposal (RFP) to provide an alternative to the offer from the First Responder Network Authority (FirstNet). The Michigan Public Safety Broadband Network (MPSBN) shall be fully interoperable now and in the future with the FirstNet National Public Safety Broadband Network (NPSBN). Subject to the limitations contained in this RFP, the State will consider the responses to this RFP in weighing its options for a MPSBN.

This RFP contemplates a Public-Private-Partnership (PPP) with an entity (the Partner) that meets the qualifications of a wireless network operator with one or more national wireless networks for roaming service.

No funds have been appropriated by the Michigan Legislature to enter into an agreement with a supplier of goods and services described in this RFP. The MPSBN will need to be financially self-sustaining for the anticipated lifespan of the network. If the State moves forward with this project, the Partner will be required to develop a self-sustaining business model leveraging the licensed 20 MHz of Band 14 spectrum within Michigan to build, deploy, operate, and maintain the NPSBN to serve public safety and may elect to monetize the excess capacity to provide commercial service to end users.

This RFP follows an objectives-based approach, in contrast to a requirements-based RFP in which much detail is contained. Objectives are generally in parallel with those expressed in the FirstNet RFP[1]

1.002 Background

1.002.1 The Middle Class Tax Relief and Job Creation Act of 2012

In February 2012, the Middle Class Tax Relief and Job Creation Act (Act) was signed into law. The Act, among other things, created FirstNet as an independent authority within the National Telecommunications and Information Administration (NTIA). FirstNet was given the license to 20 megahertz (MHz) of spectrum within the 700 MHz band and charged with constructing a NPSBN dedicated to the needs of public safety. The network is expected to be built across all 50 states, plus six territories, and is intended to provide ubiquitous interoperability between jurisdictions. Massive planning efforts for the network have been underway since the date of the Act, and are expected to continue through 2022, the date mandated by the Act for the network to be fully functional.

FirstNet issued a RFP on January 16, 2016, that is intended to result in the issuance of an Indefinite Delivery Indefinite Quantity (IDIQ) contract in the manner of a PPP to design, build, and operate the NPSBN. Proposals were due May 31, 2016, and that selection process is underway.

Under the Act, the Governor of each state and territory will receive a plan for deployment of the NPSBN in their jurisdictions. Governors will be provided a review period of 90 days during which a decision will be expected as to whether the state or territory will accept the offer or “opt-out.” A decision to opt-out places responsibility with a respective state for the design, implementation, and operation of a Radio Access Network (RAN)[2] that is fully compatible with FirstNet and triggers a period of 180 days within which time the alternate state plan is required to be submitted to the Federal Communications Commission (FCC).

1.002.2 State Options

The State has not made a decision to accept the proposal made by FirstNet for a NPSBN to serve public safety entities in Michigan. Neither has the State chosen to opt-out of the FirstNet offered RAN to serve its public safety entities. It is the intent of this RFP to explore options available to the State that will that will be most responsive to the needs of public safety entities and which will be sustainable over the coming 25-year period.

If the State elects to move forward with this project, it will be on the basis of an opt-out decision made by Michigan’s Governor. If the Governor decides to opt out, then he/she is required to notify FirstNet, NTIA, and the FCC. After providing the notification, the Governor has 180 days to develop and complete plans for the construction, maintenance and operation of the RAN within the State. The State is required to submit their Alternate RAN to the FCC that is interoperable with the NPSBN and complies with the minimum technical interoperability requirements under the Act[3]. If the FCC does not approve the State’s Alternate RAN, a contract may not be awarded as a result of this RFP.

Following FCC approval, the State is required to submit their Alternate RAN to the NTIA to demonstrate it can provide comparable security, coverage, quality of service, and cost effectiveness to that of the NPSBN[4]. If the NTIA does not approve the State’s Alternate RAN, a contract may not be awarded as a result of this RFP.

The Spectrum Management Lease Agreement (SMLA) is approved by the FirstNet Board. The FirstNet Board was established as part of the Middle Class Tax Relief and Job Creation Act of 2012. The FirstNet Board will have to approve a SMLA for the State and its partner in order for the State to enter into a contract to be awarded. If FirstNet does not approve a SMLA for the state, a contract may not be awarded as a result of this RFP.

No funds for this project have been appropriated for this project by the Michigan Legislature.

Proposers are advised that a contract will not be entered into by the State unless 1) the State opts-out of the FirstNet offer; 2) a plan for design, deployment, and operation of a State RAN is approved by the FCC; 3) the State can demonstrate to the NTIA it can provide comparable security, coverage, quality of service, and cost effectiveness to that of the NPSBN; 4) the SMLA is approved by the FirstNet Board; and 5) the Michigan Legislature appropriates sufficient funding for State expenditures related to the MPSBN.

The State may terminate this RFP for any or no reason.

1.002.3 Public Private Partnership (PPP)

If the State chooses to opt-out, it will need a partner with wireless network experience at the national level, financial stability, consumer sales channels, and access to a legacy network(s) that provides both LTE coverage and capacity in Michigan as well as the rest of the United States for roaming purposes.

The Partner will provide network design, deployment, operations, maintenance, and customer support for public safety entities in Michigan. It is the intent of the State to receive and evaluate proposals from potential Partners to provide the services required to permit the State to consider an opt-out from the NPSBN for the purposes of operating a RAN that fully meets the needs of its public safety entities.

This RFP anticipates a PPP with a wireless network operator with one or more national wireless networks for roaming service. A consortium or team that provides the equivalent services will be considered for qualification.

1.002.4 Spectrum Manager Lease Agreement (SMLA)

If the State chooses to opt-out and construct a RAN, it is expected that the MSPBN will operate under a SMLA for access to Band 14 of the 700 MHz spectrum licensed to FirstNet. It is anticipated this spectrum lease will provide for the monetization of the excess capacity of the 20 MHz of Band 14 spectrum within Michigan by the Partner for the purposes of providing commercial service to end users.

The terms and conditions of such a spectrum lease are unknown at this time and may produce constraints in the deployment of a RAN for Michigan public safety entities. Examples of two SMLA approved by the FirstNet Board for the states of Texas[5] and New Jersey[6] can be found online.

1.002.5 Public Safety Entities Defined in the Act

Public safety entities are generally understood to be the providers of protection of life and property in the United States. This term is important, as it defines what entities are authorized to operate on the NPSBN. A definition of “public safety entity” is contained in Public Law 112-96, “the Act” that created FirstNet, and refers to two other Federal laws.

The term ‘‘public safety entity’’ means an entity that provides public safety services. The term ‘‘public safety services’’ (A) has the meaning given the term in section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f)); and (B) includes services provided by emergency response providers, as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

The Communications Act of 1934, as amended, Title 47 U.S.C. 337 (f) of the United States Code defines “public safety services” as:

(A)  the sole or principal purpose of which is to protect the safety of life, health, or property;

(B)  that are provided (i) by State or local government entities; or (ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and

(C)  that are not made commercially available to the public by the provider.

The Homeland Security Act of 2002 (6 U.S.C. 101) 6) states the term ‘‘emergency response providers’’ includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

The Act requires equipment used on the NPSBN to be “…(ii) capable of being used by any public safety entity and by multiple vendors across all public safety broadband networks operating in the 700 MHz band.”

1.002.6 Michigan Interpretation of Public Safety Entities

Michigan has conducted a survey of the public safety entities that serve the State, including tribal nations. In interpreting the term “public safety entities,” the State has reviewed Michigan statutes and some federal agency definitions of public safety entities and public safety personnel.

Law enforcement agencies are defined by the U.S. Department of Justice, Bureau of Justice Statistics.

The generic name for the activities of the agencies responsible for maintaining public order and enforcing the law, particularly the activities of prevention, detection, and investigation of crime and the apprehension of criminals.[7]

Law enforcement agencies in Michigan employ police officers who are engaged in the enforcement of laws, ordinances and regulations.

Police officers or law enforcement officers are defined by Act 203 of 1965, Commission on Law Enforcement Officers Standards Act. 1965 PA 203 § 28.602 defines “police officer” or “law enforcement officer” as follows:

"Police officer" or "law enforcement officer" means, unless the context requires otherwise, any of the following:

(i)  A regularly employed member of a law enforcement agency authorized and established by law, including common law, who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state. Police officer or law enforcement officer does not include a person serving solely because he or she occupies any other office or position.

(ii) A law enforcement officer of a Michigan Indian tribal police force, subject to the limitations set forth in section 9(7).

(iii)  The sergeant at arms or any assistant sergeant at arms of either house of the legislature who is commissioned as a police officer by that respective house of the legislature as provided by the legislative sergeant at arms police powers act, 2001 PA 185, MCL 4.381 to 4.382.

(iv)  A law enforcement officer of a multicounty metropolitan district, subject to the limitations of section 9(8).

(v) A county prosecuting attorney's investigator sworn and fully empowered by the sheriff of that county.

(vi)  A fire arson investigator from a fire department within a village, city, township, or county who is sworn and fully empowered by the chief of police of that village, city, township, or county.

(m) "Rule" means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.[8]

Firefighters are defined by Act 291 of 1966, Firefighters Training Council Act. 1966 PA 291 § 29.362 defines “firefighter” as follows:

"Firefighter" means a member, including volunteer members and members paid on call, of an organized fire department who is responsible for, or is in a capacity that includes responsibility for, the extinguishment of fires, the directing of the extinguishment of fires, the prevention and detection of fires, and the enforcement of the general fire laws of this state. Firefighter does not include a person whose job description, duties, or responsibilities do not include direct involvement in fire suppression.[9]

EMS agencies and emergency medical technicians (EMTs) are defined by Act 368 of 1978, Public Health Code.[10]

“Emergency medical services” means the emergency medical services personnel, ambulances, non-transport prehospital life support vehicles, aircraft transport vehicles, medical first response vehicles, and equipment required for transport or treatment of an individual requiring medical first response life support, basic life support, limited advanced life support, or advanced life support.

“Emergency medical services personnel” means a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or emergency medical services instructor-coordinator.

“Emergency medical services system” means a comprehensive and integrated arrangement of the personnel, facilities, equipment, services, communications, medical control, and organizations necessary to provide emergency medical services and trauma care within a particular geographic region.

“Emergency medical technician” means an individual who is licensed by the department to provide basic life support.

“Emergency medical technician specialist” means an individual who is licensed by the department to provide limited advanced life support.

Emergency management personnel/emergency management in Michigan is coordinated by the Michigan State Police under the authority of Act 390 of 1976. 1976 PA 390 § 30.402 defines “emergency management coordinator” as follows:

“Emergency management coordinator” means a person appointed pursuant to section 9 to coordinate emergency management within the county or municipality. Emergency management coordinator includes a civil defense director, civil defense coordinator, emergency services coordinator, emergency program manager, or other person with a similar title and duties.[11]