Judge Sets Date for Oral Arguments in FirstNet Protest
Friday, February 24, 2017 | Comments

A federal judge will hear oral arguments in Rivada Mercury’s pre-award protest of the First Responder Network Authority’s (FirstNet) contract award March 3 at the National Courts Building in Washington, D.C.

Rivada Mercury filed its protest in late 2016, arguing that the Department of Interior (DOI), which issued the request for proposals (RFP) on behalf of FirstNet, unlawfully excluded the company from the contract’s competitive range.

U.S. Court of Federal Claims Judge Elaine D. Kaplan set the hearing following a Feb. 23 status conference between the parties. Kaplan will hear arguments on Rivada Mercury’s motion for judgment on the administrative record, which details FirstNet’s decision-making in the contract award process, as well as cross motions filed by the federal government and intervenor AT&T.

Of the three companies that publicly announced bids, AT&T is the only one remaining in the competitive range for the contract award and received approval from Kaplan to intervene in the case. The Department of Justice’s Commercial Litigation Branch, Civil Division is representing FirstNet in the case.

In the same order, Kaplan also granted the Bay Area Regional Interoperable Communications Systems Authority (BayRICs) and the city of Boston leave to file an amicus brief in the case.

The two entities Feb. 22 submitted the brief asking the court to resolve the protest as quickly as possible to prevent any possible harm to public-safety agencies around the country.

Kaplan said the three parties involved in the case could respond to the amicus brief to any extent they feel necessary.

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