We announced two concurrent audits to determine whether First Responder Network Authority (FirstNet Authority) is ensuring that AT&T is achieving the desired results for device connection targets and Nationwide Public Safety Broadband Network (NPSBN) coverage for each state and territory. We separated these objectives into three components that include (1) the evolution of the desired results for device connection targets and network coverage as executed through contract modifications, (2) oversight of device connection targets, and (3) oversight of network coverage. This report focuses on the first component: FirstNet Authority’s modifications to the contract, to include the rationale behind those changes and whether FirstNet Authority had an effective process for documenting decisions it made concerning those modifications. We found that FirstNet Authority did not consistently adhere to federal and Departmental regulations or demonstrate it received adequate value in return when it changed NPSBN contract requirements.
Open Recommendations
| Recommendation Number | Significant Recommendation | Recommended Questioned Costs | Recommended Funds for Better Use | Additional Details | |
|---|---|---|---|---|---|
| 1 | Yes | $0 | $0 | ||
| 1. We recommended that the Department's Senior Procurement Executive and Director of Acquisition Management conduct an acquisition management review to assess the FirstNet Authority acquisition functions and determine if adequate contract files exist to properly support decisions. | |||||
| 2 | Yes | $0 | $0 | ||
| 2. We recommended that the Department's Senior Procurement Executive and Director of Acquisition Management review the actions taken to execute the contract and task order modifications identified in this report and determine whether, under law, Federal Acquisition Regulation (FAR) and/or Department policy, actions should be taken to review, revoke, or revise the warrants used to execute the modifications. | |||||
| 3 | Yes | $0 | $0 | ||
| 3. We recommended that the Department's Senior Procurement Executive and Director of Acquisition Management determine whether, in order to comply with applicable federal and Department regulations, FirstNet Authority should be required to submit all future contract awards and modifications to the Department for review prior to award. | |||||
| 4 | Yes | $0 | $0 | ||
| 4. We recommended that the Assistant Secretary of Commerce for Communications and Information and NTIA Administrator direct FirstNet Authority's Chief Executive Officer to ensure the required justification and pricing analysis are conducted and documented for all contract modifications to ensure compliance with FAR section 43.1. | |||||
| 5 | Yes | $0 | $0 | ||
| 5. We recommended that the Assistant Secretary of Commerce for Communications and Information and NTIA Administrator direct FirstNet Authority's Chief Executive Officer to ensure compliance with FAR section 32.104 by determining if (1) AT&T will not be able to bill for the first delivery of products for a substantial time after work must begin (normally 6 months) and (2) the expenses for contract performance during the predelivery period will have a significant impact on AT&T's working capital when using contract financing. | |||||
| 6 | Yes | $0 | $0 | ||
| 6. We recommended that the Assistant Secretary of Commerce for Communications and Information and NTIA Administrator direct FirstNet Authority's Chief Executive Officer to ensure compliance with Commerce Acquisition Manual 1301.71 and obtain legal reviews from the Department's Contract Law Division for all contract modifications when the services are materially changing. | |||||
| 7 | Yes | $0 | $0 | ||
| 7. We recommended that the Assistant Secretary of Commerce for Communications and Information and NTIA Administrator direct FirstNet Authority's Chief Executive Officer to leverage the remediation options in the contract to hold AT&T accountable and take the necessary actions to address deficiencies when AT&T is either not on track to meet or not meeting contract terms. | |||||
| 8 | Yes | $0 | $0 | ||
| 8. We recommended that the Assistant Secretary of Commerce for Communications and Information and NTIA Administrator direct FirstNet Authority's Chief Executive Officer to revise FirstNet Authority's Acquisition Review Board Review Process and Procedures to define what is considered a "significant modification" and to ensure results of ARB meetings are documented in compliance with FAR section 4.803. | |||||
| 9 | Yes | $0 | $0 | ||
| 9. We recommended that the Assistant Secretary of Commerce for Communications and Information and NTIA Administrator direct FirstNet Authority's Chief Executive Officer to ensure the Chief Procurement Officer provides oversight to verfy that contract modifications are sufficiently supported, justified, in compliance with the FAR, and in the best interests of the government and first responders. | |||||
