Feb
13
2020
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Judge temporarily halts work on JEDI contract until court can hear AWS protest

A sealed order from a judge today has halted the $10 billion, decade-long JEDI project in its tracks until AWS’s protest of the contract award to Microsoft can be heard by the court.

The order signed by Judge Patricia E. Campbell-Smith of the U.S. Court Federal Claims stated:

The United States, by and through the Department of Defense, its officers, agents, and employees, is hereby PRELIMINARILY ENJOINED from proceeding with contract activities under Contract No. HQ0034-20-D-0001, which was awarded under Solicitation No. HQ0034-18-R-0077, until further order of the court.

The judge was not taking this lightly, adding that Amazon would have to put up $42 million bond to cover costs should it prove that the motion was filed wrongfully. Given Amazon’s value as of today is $1.08 trillion, they can probably afford to put up the money, but they must provide it by February 20th, and the court gets to hold the funds until a final determination has been made.

At the end of last month, Amazon filed a motion to stop work on the project until the court could rule on its protest. It is worth noting that in protests of this sort, it is not unusual to stop work until a final decision on the award can be made.

This is all part of an ongoing drama that has gone on for a couple of years since the DoD put this out to bid. After much wrangling, the DoD awarded the contract to Microsoft at the end of October. Amazon filed suit in November, claiming that the president had unduly influenced the process.

As we reported in December, at a press conference at AWS re:Invent, the cloud arm’s annual customer conference, AWS CEO Andy Jassy made clear the company thought the president had unfairly influenced the procurement process:

“I would say is that it’s fairly obvious that we feel pretty strongly that it was not adjudicated fairly,” he said. He added, “I think that we ended up with a situation where there was political interference. When you have a sitting president, who has shared openly his disdain for a company, and the leader of that company, it makes it really difficult for government agencies, including the DoD, to make objective decisions without fear of reprisal.”

Earlier this week, the company filed paperwork to depose the president and Secretary of Defense Mark Esper.

The entire statement from the court today halting the JEDI project:

**SEALED**OPINION AND ORDER granting [130] Motion for Preliminary Injunction, filed by plaintiff. The United States, by and through the Department of Defense, its officers, agents, and employees, is hereby PRELIMINARILY ENJOINED from proceeding with contract activities under Contract No. HQ0034-20-D-0001, which was awarded under Solicitation No. HQ0034-18-R-0077, until further order of the court.

Pursuant to RCFC 65(c), plaintiff is directed to PROVIDE security in the amount of $42 million for the payment of such costs and damages as may be incurred or suffered in the event that future proceedings prove that this injunction was issued wrongfully.

As such, on or before 2/20/2020, plaintiff is directed to FILE a notice of filing on the docket in this matter indicating the form of security obtained, and plaintiff shall PROVIDE the original certification of security to the clerk of court. The clerk shall HOLD the security until this case is closed.

On or before 2/27/2020, the parties are directed to CONFER and FILE a notice of filing attaching a proposed redacted version of this opinion, with any competition-sensitive or otherwise protectable information blacked out. Signed by Judge Patricia E. Campbell-Smith.

Feb
10
2020
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Amazon wants to depose president and secretary of Defense as part of JEDI protest

Today, AWS made public its Motion to Supplement the Record in its protest of the JEDI contract decision. As part of that process, the company has announced it wants to depose President Trump and Secretary of Defense Mark Esper.

When Amazon announced at the end of last year that it was protesting the DoD’s decision to award the $10 billion, decade-long JEDI contract to Microsoft, the company made clear that it was not happy with the decision. The company believes that the president steered the contract away from Amazon because of personal political differences with Amazon CEO Jeff Bezos, who also owns The Washington Post.

“President Trump has repeatedly demonstrated his willingness to use his position as President and Commander in Chief to interfere with government functions – including federal procurements – to advance his personal agenda. The preservation of public confidence in the nation’s procurement process requires discovery and supplementation of the administrative record, particularly in light of President Trump’s order to ‘screw Amazon.’ The question is whether the President of the United States should be allowed to use the budget of the DoD to pursue his own personal and political ends,” an AWS spokesperson said in a statement.

This is consistent with public statements the company has been making since the DoD made the surprise decision in October to go with Microsoft. It had been widely believed that Amazon would win the contract, and there was much wrangling and complaining throughout the procurement process that the contract had been designed to favor Amazon, something that the DoD repeatedly denied.

At AWS re:Invent at the end last year, AWS CEO Andy Jassy made it clear he was unhappy with the decision and that he believed the president showed bias. “I think that we ended up with a situation where there was political interference. When you have a sitting president, who has shared openly his disdain for a company, and the leader of that company, it makes it really difficult for government agencies, including the DoD, to make objective decisions without fear of reprisal,” Jassy said last year.

Sources say that the DoD gave Amazon a written debriefing after the decision to award the contract to Microsoft, but the company is particularly upset that the department has failed to respond in a timely fashion to requests for additional information and questions, as required by law.

Jan
23
2020
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In latest JEDI contract drama, AWS files motion to stop work on project

When the Department of Defense finally made a decision in October on the decade-long, $10 billion JEDI cloud contract, it seemed that Microsoft had won. But nothing has been simple about this deal from the earliest days, so it shouldn’t come as a surprise that last night Amazon filed a motion to stop work on the project until the court decides on its protest of the DoD’s decision.

The company announced on November 22nd that it had filed suit in the U.S. Court of Federal Claims protesting the DoD’s decision to select Microsoft. Last night’s motion is an extension of that move to put the project on hold until the court decides on the merits of the case.

Sources tell us that AWS decided not protest the start of initial JEDI activities at the time of the court filing in November as an accommodation made at DoD’s request. DoD declined to comment on that.

As for why they are doing it now, an Amazon spokesperson had this to say in a statement last night: “It is common practice to stay contract performance while a protest is pending and it’s important that the numerous evaluation errors and blatant political interference that impacted the JEDI award decision be reviewed. AWS is absolutely committed to supporting the DoD’s modernization efforts and to an expeditious legal process that resolves this matter as quickly as possible.”

As we previously reported, the statement echoes sentiments AWS CEO Andy Jassy made at a press event during AWS re:Invent in December:

“I would say is that it’s fairly obvious that we feel pretty strongly that it was not adjudicated fairly,” he said. He added, “I think that we ended up with a situation where there was political interference. When you have a sitting president, who has shared openly his disdain for a company, and the leader of that company, it makes it really difficult for government agencies, including the DoD, to make objective decisions without fear of reprisal.”

This is just the latest turn in a contract procurement process for the ages. It will now be up to the court to decide if the project should stop or not, and beyond that if the decision process was carried out fairly.

Nov
14
2019
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AWS confirms reports it will challenge JEDI contract award to Microsoft

Surely just about everyone was surprised when the Department of Defense last month named Microsoft as the winner of the decade-long, $10 billion JEDI cloud contract — none more so than Amazon, the company everyone assumed all along would be the winner. Today the company confirmed earlier reports that it was challenging the contract award in the Court of Federal Claims.

The Federal Times broke this story.

In a statement, an Amazon spokesperson suggested that there was possible bias and issues in the selection process. “AWS is uniquely experienced and qualified to provide the critical technology the U.S. military needs, and remains committed to supporting the DoD’s modernization efforts. We also believe it’s critical for our country that the government and its elected leaders administer procurements objectively and in a manner that is free from political influence.

“Numerous aspects of the JEDI evaluation process contained clear deficiencies, errors, and unmistakable bias — and it’s important that these matters be examined and rectified,” an Amazon spokesperson told TechCrunch.

It’s certainly worth noting that the president has not hidden his disdain for Amazon CEO and founder Jeff Bezos, who also is owner of The Washington Post newspaper. As I wrote in Even after Microsoft wins, JEDI saga could drag on:

Amazon, for instance, could point to Jim Mattis’ book where he wrote that the president told the then Defense Secretary to “screw Bezos out of that $10 billion contract.” Mattis says he refused, saying he would go by the book, but it certainly leaves the door open to a conflict question.

Oracle also filed a number of protests throughout the process, including one with the Government Accountability Office that was later rejected. It also went to court and the case was dismissed. All of the protests claimed that the process favored Amazon. The end result proved it didn’t.

The president interjected himself in the decision process in August, asking the defense secretary, Mark T. Esper, to investigate once again if the procurement process somehow favored Amazon, and the week the contract was awarded, the White House canceled its subscription to The Washington Post.

In October, the decision finally came and the DOD chose Microsoft . Now Amazon is filing a challenge in federal Court, and the JEDI saga really ain’t over until it’s over.

 

Oct
28
2019
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Even after Microsoft wins, JEDI saga could drag on

The DoD JEDI contract saga came to a thrilling conclusion on Friday afternoon, appropriately enough, with one final plot twist. The presumptive favorite, Amazon, did not win, stunning many, including likely the company itself. In the end, Microsoft took home the $10 billion prize.

This contract was filled with drama from the beginning, given the amount of money involved, the length of the contract, the winner-take-all nature of the deal — and the politics. We can’t forget the politics. This was Washington after all, and Jeff Bezos does own The Washington Post.

Then there was Oracle’s fury throughout the procurement process. The president got involved in August. The current defense secretary recused himself on Wednesday, two days before the decision came down. It was all just so much drama, even the final decision itself, handed down late Friday afternoon — but it’s unclear if this is the end or just another twist in this ongoing tale.

Some perspective on $10 billion

Before we get too crazy about Microsoft getting a $10 billion, 10-year contract, consider that Amazon earned $9 billion last quarter alone in cloud revenue. Microsoft reported $33 billion last quarter in total revenue. It reported around $11 billion in cloud revenue. Synergy Research pegs the current cloud infrastructure market at well over $100 billion annually (and growing).

What we have here is a contract that’s worth a billion a year. What’s more, it’s possible it might not even be worth that much if the government uses one of its out clauses. The deal is actually initially guaranteed for just two years. Then there are a couple of three-year options, with a final two-year option at the end if it gets that far.

The DOD recognized that with the unique nature of this contract, going with a single vendor, it wanted to keep its options open should the tech world shift suddenly under its feet. It didn’t want to be inextricably tied to one company for a decade if that company was suddenly disrupted by someone else. Given the shifting sands of technology, that part of the strategy was a wise one.

Where the value lies

If the value of this deal was not the contract itself, it begs the question, why did everyone want it so badly? The $10 billion JEDI deal was simply a point of entree. If you could modernize the DoD’s infrastructure, the argument goes, chances are you could do the same for other areas of the government. It could open the door for Microsoft for a much more lucrative government cloud business.

But it’s not as though Microsoft didn’t already have a lucrative cloud business. In 2016, for example, the company signed a deal worth almost a billion dollars to help move the entire department to Windows 10. Amazon too, has had its share of government contracts, famously landing the $600 million to build the CIA’s private cloud.

But given all the attention to this deal, it always felt a little different from your standard government contract. Just the fact the DoD used a Star Wars reference for the project acronym drew more attention to the project from the start. Therefore, there was some prestige for the winner of this deal, and Microsoft gets bragging rights this morning, while Amazon is left to ponder what the heck happened. As for other companies like Oracle, who knows how they’re feeling about this outcome.

Hell hath no fury like Oracle scorned

Ah yes, Oracle; this tale would not be complete without discussing the rage of Oracle throughout the JEDI RFP process. Even before the RFP process started, they were complaining about the procurement process. Co-CEO Safra Catz had dinner with the president to complain that the contract process wasn’t fair (not fair!). Then it tried complaining to the Government Accountability Office. They found no issue with the process.

They went to court. The judge dismissed their claims that involved both the procurement process and that a former Amazon employee, who was hired by the DoD, was involved in the process of creating the RFP. They claimed that the former employee was proof that the deal was tilted toward Amazon. The judge disagreed and dismissed their complaints.

What Oracle could never admit was that it simply didn’t have the same cloud chops as Microsoft and Amazon, the two finalists. It couldn’t be that they were late to the cloud or had a fraction of the market share that Amazon and Microsoft had. It had to be the process or that someone was boxing them out.

What Microsoft brings to the table

Outside of the politics of this decision (which we will get to shortly), Microsoft brought to the table some experience and tooling that certainly gave it some advantage in the selection process. Until we see the reasons for the selections, it’s hard to know exactly why the DoD chose Microsoft, but we know a few things.

First of all there are the existing contracts with the DoD, including the aforementioned Windows 10 contract and a five-year $1.76 billion contract with DoD Intelligence to provide “innovative enterprise services” to the DoD.

Then there is Azure Stack, a portable private cloud stack that the military could stand up anywhere. It could have great utility for missions in the field when communicating with a cloud server could be problematic.

Fool if you think it’s over

So that’s that right? The decision has been made and it’s time to move on. Amazon will go home and lick its wounds. Microsoft gets bragging rights and we’re good. Actually, this might not be where it ends at all.

Amazon, for instance, could point to Jim Mattis’ book where he wrote that the president told the then Defense Secretary to “screw Bezos out of that $10 billion contract.” Mattis says he refused, saying he would go by the book, but it certainly leaves the door open to a conflict question.

It’s also worth pointing out that Jeff Bezos owns The Washington Post and the president isn’t exactly in love with that particular publication. In fact, this week, the White House canceled its subscription and encouraged other government agencies to do so as well.

Then there is the matter of current Defense Secretary Mark Espers suddenly recusing himself last Wednesday afternoon based on a minor point that one of his adult children works at IBM (in a non-cloud consulting job). He claimed he wanted to remove any hint of conflict of interest, but at this point in the process, it was down to Microsoft and Amazon. IBM wasn’t even involved.

If Amazon wanted to protest this decision, it seems it would have much more solid ground to do so than Oracle ever had. An Amazon spokesperson would only say that the company “was keeping its options open.”

The bottom line is a decision has been made, at least for now, but this process has been rife with controversy from the start, just by the design of the project, so it wouldn’t be surprising to see Amazon take some protest action of its own. It seems oddly appropriate.

Oct
22
2019
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In latest $10B JEDI contract twist, Defense Secretary recuses himself

The JEDI drama never stops. The $10 billion, decade long cloud contract has produced a series of twists and turns since the project was announced in 2018. These include everything from court challenges to the president getting involved to accusations of bias and conflict of interest. It has had all this and more. Today, in the latest plot twist, the Secretary of Defense Mark Esper recused himself from the selection process because one of his kids works at a company that was involved earlier in the process.

Several reports name his son, Luke Esper, who has worked at IBM since February. The RFP closed in April and Esper is a Digital Strategy Consultant, according to his LinkedIn page, but given the persistent controversy around this deal, his dad apparently wanted to remove even a hint of impropriety in the selection and review process.

Chief Pentagon Spokesperson Jonathan Rath Hoffman issued an official DoD Cloud update earlier today:

“As you all know, soon after becoming Secretary of Defense in July, Secretary Esper initiated a review of the Department’s cloud computing plans and to the JEDI procurement program. As part of this review process he attended informational briefings to ensure he had a full understanding of the JEDI program and the universe of options available to DoD to meet its cloud computing needs. Although not legally required to, he has removed himself from participating in any decision making following the information meetings, due to his adult son’s employment with one of the original contract applicants. Out of an abundance of caution to avoid any concerns regarding his impartiality, Secretary Esper has delegated decision making concerning the JEDI Cloud program to Deputy Secretary Norquist. The JEDI procurement will continue to move to selection through the normal acquisition process run by career acquisition professionals.”

Perhaps the biggest beef around this contract, which was supposed to be decided in August, has been the winner-take-all nature of the deal. Only one company will eventually walk away a winner, and there was a persistent belief in some quarters that the deal was designed specifically with Amazon in mind. Oracle’s Co-CEO Safra Catz took that concern directly to the president in 2018.

The DoD has repeatedly denied there was any vendor in mind when it created the RFP, and internal Pentagon reviews, courts and a government watchdog agency repeatedly found the procurement process was fair, but the complaints continue. The president got involved in August when he named his then newly appointed defense secretary to look into the JEDI contract procurement process. Now Espers is withdrawing from leading that investigation, and it will be up to others including his Deputy Secretary to finally bring this project over the finish line.

Last April, the DoD named Microsoft and Amazon as the two finalists. It’s worth pointing out that both are leaders in Infrastructure as a Service marketshare with around 16% and 33% respectively.

It’s also worth noting that while $10 billion feels like a lot of money, it’s spread out over a 10-year period with lots of possible out clauses built into the deal. To put this deal size into perspective, a September report from Synergy Research found that worldwide combined infrastructure and software service spending in the cloud had already reached $150 billion, a number that is only expected to continue to rise over the next several years as more companies and government agencies like the DoD move more of their workloads to the cloud.

For complete TechCrunch JEDI coverage, see the Pentagon JEDI Contract.

Aug
26
2019
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Oracle files new appeal over Pentagon’s $10B JEDI cloud contract RFP process

You really have to give Oracle a lot of points for persistence, especially where the $10 billion JEDI cloud contract procurement process is concerned. For more than a year, the company has been complaining  across every legal and government channel it can think of. In spite of every attempt to find some issue with the process, it has failed every time. That did not stop it today from filing a fresh appeal of last month’s federal court decision that found against the company.

Oracle refuses to go quietly into that good night, not when there are $10 billion federal dollars on the line, and today the company announced it was appealing Federal Claims Court Senior Judge Eric Bruggink’s decision. This time they are going back to that old chestnut that the single-award nature of the JEDI procurement process is illegal:

“The Court of Federal Claims opinion in the JEDI bid protest describes the JEDI procurement as unlawful, notwithstanding dismissal of the protest solely on the legal technicality of Oracle’s purported lack of standing. Federal procurement laws specifically bar single award procurements such as JEDI absent satisfying specific, mandatory requirements, and the Court in its opinion clearly found DoD did not satisfy these requirements. The opinion also acknowledges that the procurement suffers from many significant conflicts of interest. These conflicts violate the law and undermine the public trust. As a threshold matter, we believe that the determination of no standing is wrong as a matter of law, and the very analysis in the opinion compels a determination that the procurement was unlawful on several grounds,” Oracle’s General Counsel Dorian Daley said in a statement.

In December, Oracle sued the government for $10 billion, at the time focusing mostly on a perceived conflict of interest involving a former Amazon employee named Deap Ubhi. He worked for Amazon prior to joining the DOD, where he worked on a committee of people writing the RFP requirements, and then returned to Amazon later. The DOD investigated this issue twice, and found no evidence he violated federal conflict of interest of laws.

The court ultimately agreed with the DOD’s finding last month, ruling that Oracle had failed to provide evidence of a conflict, or that it had impact on the procurement process. Judge Bruggink wrote at the time:

We conclude as well that the contracting officer’s findings that an organizational conflict of interest does not exist and that individual conflicts of interest did not impact the procurement, were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Plaintiff’s motion for judgment on the administrative record is therefore denied.

The company started complaining and cajoling even before the JEDI RFP process started. The Washington Post reported that Oracle’s Safra Catz met with the president in April, 2018 to complain that the process was unfairly stacked in favor of Amazon, which happens to be the cloud market share leader by a significant margin, with more than double that of its next closest rival, Microsoft.

Later, the company filed an appeal with the Government Accountability Office, which found no issue with the RFP process. The DOD, which has insisted all along there was no conflict in the process, also did in an internal investigation and found no wrong-doing.

The president got involved last month when he ordered Defense Secretary Mark T. Esper to look into the idea that, once again, the process has favored Amazon. That investigation is ongoing. The DOD did name two finalists, Amazon and Microsoft, in April, but has yet to name the winner as the protests, court cases and investigations continue.

The controversy in part involves the nature of the contract itself. It is potentially a decade-long undertaking to build the cloud infrastructure for the DOD, involves the award of a single vendor (although there are several opt-out clauses throughout the term of the contract) and involves $10 billion and the potential for much more government work. That every tech company is salivating for that contract is hardly surprising, but Oracle alone continues to protest at every turn.

The winner was supposed to be announced this month, but with the Pentagon investigation in progress, and another court case underway, it could be some time before we hear who the winner is.

Aug
01
2019
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President throws latest wrench in $10B JEDI cloud contract selection process

The $10 billion, decade-long JEDI cloud contract drama continues. It’s a process that has been dogged by complaints, regulatory oversight and court cases. Throughout the months-long selection process, the Pentagon has repeatedly denied accusations that the contract was somehow written to make Amazon a favored vendor, but today The Washington Post reports President Trump has asked the newly appointed Defense Secretary, Mark T. Esper, to examine the process because of concerns over that very matter.

The Defense Department called for bids last year for a $10 billion, decade-long contract. From the beginning, Oracle in particular complained that the process favored Amazon. Even before the RFP process began Oracle executive Safra Catz took her concerns directly to the president, but at that time he did not intervene. Later, the company filed a complaint with the Government Accountability Office, which ruled that the procurement process was fair.

Finally, the company took the case to court, alleging that a person involved in defining the selection process had a conflict of interest, due to being an employee at Amazon before joining the DoD. That case was dismissed last month.

In April, the DoD named Microsoft and Amazon as the two finalists, and the winner was finally expected to be named some time this month. It appeared that we were close to the finish line, but now that the president has intervened at the 11th hour, it’s impossible to know what the outcome will be.

What we do know is that this is a pivotal project for the DoD, which is aimed at modernizing the U.S. military for the next decade and beyond. The fact is that the two finalists made perfect sense. They are the two market leaders, and each has tools, technologies and experience working with sensitive government contracts.

Amazon is the market leader, with 33% market share. Microsoft is No. 2, with 16%. The No. 3 vendor, Google, dropped out before the RFP process began. It is unclear at this point whether the president’s intervention will have any influence on the final decision, but The Washington Post reports it is an unusual departure from government procurement procedures.

Jul
12
2019
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Judge dismisses Oracle lawsuit over $10B Pentagon JEDI cloud contract

Oracle has been complaining about the procurement process around the Pentagon’s $10 billion, decade-long JEDI cloud contract, even before the DoD opened requests for proposals last year. It went so far as to file a lawsuit in December, claiming a potential conflict of interest on the part of a procurement team member. Today, that case was dismissed in federal court.

In dismissing the case, Federal Claims Court Senior Judge Eric Bruggink ruled that the company had failed to prove a conflict in the procurement process, something the DOD’s own internal audits found in two separate investigations. Judge Bruggink ultimately agreed with the DoD’s findings:

We conclude as well that the contracting officer’s findings that an organizational conflict of interest does not exist and that individual conflicts of interest did not impact the procurement, were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Plaintiff’s motion for judgment on the administrative record is therefore denied.

The company previously had filed a failed protest with the Government Accountability Office (GAO), which also ruled that the procurement process was fair and didn’t favor any particular vendor. Oracle had claimed that the process was designed to favor cloud market leader AWS.

It’s worth noting that the employee in question was a former AWS employee. AWS joined the lawsuit as part of the legal process, stating at the time in the legal motion, “Oracle’s Complaint specifically alleges conflicts of interest involving AWS. Thus, AWS has direct and substantial economic interests at stake in this case, and its disposition clearly could impair those interests.”

Today’s ruling opens the door for the announcement of a winner of the $10 billion contract, as early as next month. The DoD previously announced that it had chosen Microsoft and Amazon as the two finalists for the winner-take-all bid.

Apr
11
2019
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Much to Oracle’s chagrin, Pentagon names Microsoft and Amazon as $10B JEDI cloud contract finalists

Yesterday, the Pentagon announced two finalists in the $10 billion, decade-long JEDI cloud contract process — and Oracle was not one of them. In spite of lawsuits, official protests and even back-channel complaining to the president, the two finalists are Microsoft and Amazon.

“After evaluating all of the proposals received, the Department of Defense has made a competitive range determination for the Joint Enterprise Defense Infrastructure Cloud request for proposals, in accordance with all applicable laws and regulations. The two companies within the competitive range will participate further in the procurement process,” Elissa Smith, DoD spokesperson for Public Affairs Operations told TechCrunch. She added that those two finalists were in fact Microsoft and Amazon Web Services (AWS, the cloud computing arm of Amazon).

This contract procurement process has caught the attention of the cloud computing market for a number of reasons. For starters, it’s a large amount of money, but perhaps the biggest reason it had cloud companies going nuts was that it is a winner-take-all proposition.

It is important to keep in mind that whether it’s Microsoft or Amazon that is ultimately chosen for this contract, the winner may never see $10 billion, and it may not last 10 years, because there are a number of points where the DoD could back out —  but the idea of a single winner has been irksome for participants in the process from the start.

Over the course of the last year, Google dropped out of the running, while IBM and Oracle have been complaining to anyone who will listen that the contract unfairly favored Amazon. Others have questioned the wisdom of even going with a single-vendor approach. Even at $10 billion, an astronomical sum to be sure, we have pointed out that in the scheme of the cloud business, it’s not all that much money — but there is more at stake here than money.

There is a belief here that the winner could have an upper hand in other government contracts, that this is an entrée into a much bigger pot of money. After all, if you are building the cloud for the Department of Defense and preparing it for a modern approach to computing in a highly secure way, you would be in a pretty good position to argue for other contracts with similar requirements.

In the end, in spite of the protests of the other companies involved, the Pentagon probably got this right. The two finalists are the most qualified to carry out the contract’s requirements. They are the top two cloud infrastructure vendors on the market, although Microsoft is far behind with around 13 or 14 percent market share. Amazon is far head, with around 33 percent, according to several companies that track such things.

Microsoft in particular has tools and resources that would be very appealing, especially Azure Stack — a mini private version of Azure, that you can stand up anywhere, an approach that would have great appeal to the military — but both companies have experience with government contracts, and both bring strengths and weaknesses to the table. It will undoubtedly be a tough decision.

In February, the contract drama took yet another turn when the department reported it was investigating new evidence of conflict of interest by a former Amazon employee who was involved in the RFP process for a time before returning to the company. Smith reports that the department found no such conflict, but there could be some ethical violations they are looking into.

“The department’s investigation has determined that there is no adverse impact on the integrity of the acquisition process. However, the investigation also uncovered potential ethical violations, which have been further referred to DOD IG,” Smith explained.

The DoD is supposed to announce the winner this month, but the drama has continued non-stop.

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