New conflict evidence surfaces in JEDI cloud contract procurement process

For months, the drama has been steady in the Pentagon’s decade long, $10 billion JEDI cloud contract procurement process. This week the plot thickened when the DOD reported that it has found new evidence of a possible conflict of interest, and has reopened its internal investigation into the matter.

“DOD can confirm that new information not previously provided to DOD has emerged related to potential conflicts of interest. As a result of this new information, DOD is continuing to investigate these potential conflicts,” Elissa Smith, Department of Defense spokesperson told TechCrunch.

It’s not clear what this new information is about, but the Wall Street Journal reported this week that senior federal judge Eric Bruggink of the U.S. Court of Federal Claims ordered that the lawsuit filed by Oracle in December would be put on hold to allow the DOD to investigate further.

From the start of the DOD RFP process, there have been complaints that the process itself was designed to favor Amazon, and that were possible conflicts of interest on the part of DOD personnel. The DOD’s position throughout has been that it is an open process and that an investigation found no bearing for the conflict charges. Something forced the department to rethink that position this week.

Oracle in particular has been a vocal critic of the process. Even before the RFP was officially opened, it was claiming that the process unfairly favored Amazon. In the court case, it made the conflict part clearer, claiming that an ex-Amazon employee named Deap Ubhi had influence over the process, a charge that Amazon denied when it joined the case to defend itself. Four weeks ago something changed when a single line in a court filing suggested that Ubhi’s involvement may have been more problematic than the DOD previously believed.

At the time, I wrote:

In the document, filed with the court on Wednesday, the government’s legal representatives sought to outline its legal arguments in the case. The line that attracted so much attention stated, “Now that Amazon has submitted a proposal, the contracting officer is considering whether Amazon’s re-hiring Mr. Ubhi creates an OCI that cannot be avoided, mitigated, or neutralized.” OCI stands for Organizational Conflict of Interest in DoD lingo.

And Pentagon spokesperson Heather Babb told TechCrunch:

“During his employment with DDS, Mr. Deap Ubhi recused himself from work related to the JEDI contract. DOD has investigated this issue, and we have determined that Mr. Ubhi complied with all necessary laws and regulations,” Babb told TechCrunch.

Whether the new evidence that DOD has found is referring to Ubhi’s rehiring by Amazon or not, is not clear at the moment, but it has clearly found new evidence it wants to explore in this case, and that has been enough to put the Oracle lawsuit on hold.

Oracle’s court case is the latest in a series of actions designed to protest the entire JEDI procurement process. The Washington Post reported last spring that co-CEO Safra Catz complained directly to the president. The company later filed a formal complaint with the Government Accountability Office (GAO), which it lost in November when the department’s investigation found no evidence of conflict. It finally made a federal case out of it when it filed suit in federal court in December, accusing the government of an unfair procurement process and a conflict on the part of Ubhi.

The cloud deal itself is what is at the root of this spectacle. It’s a 10-year contract worth up to $10 billion to handle the DOD’s cloud business — and it’s a winner-take-all proposition. There are three out clauses, which means it might never reach that number of years or dollars, but it is lucrative enough, and could possibly provide inroads for other government contracts, that every cloud company wants to win this.

The RFP process closed in October and the final decision on vendor selection is supposed to happen in April. It is unclear whether this latest development will delay that decision.

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Pentagon stands by finding of no conflict of interest in JEDI RFP process

A line in a new court filing by the Department of Defense suggests that it might reopen the investigation into a possible conflict of interest in the JEDI contract RFP process involving a former AWS employee. The story has attracted a great deal of attention in major news publications, including The Washington Post and The Wall Street Journal, but a Pentagon spokesperson has told TechCrunch that nothing has changed.

In the document, filed with the court on Wednesday, the government’s legal representatives sought to outline its legal arguments in the case. The line that attracted so much attention stated, “Now that Amazon has submitted a proposal, the contracting officer is considering whether Amazon’s re-hiring Mr. Ubhi creates an OCI that cannot be avoided, mitigated, or neutralized.” OCI stands for Organizational Conflict of Interest in DoD lingo.

When asked about this specific passage, Pentagon spokesperson Heather Babb made clear the conflict had been investigated earlier and that Ubhi had recused himself from the process. “During his employment with DDS, Mr. Deap Ubhi recused himself from work related to the JEDI contract. DOD has investigated this issue, and we have determined that Mr. Ubhi complied with all necessary laws and regulations,” Babb told TechCrunch.

She repeated that statement when asked specifically about the language in the DoD’s filing. Ubhi did work at Amazon prior to joining the DoD and returned to work for them after he left.

The Department of Defense’s decade-long, $10 billion JEDI cloud contract process has attracted a lot of attention, and not just for the size of the deal. The Pentagon has said this will be a winner-take-all affair. Oracle and IBM have filed formal complaints and Oracle filed a lawsuit in December alleging, among other things, that there was a conflict of interest by Ubhi, and that they believed the single-vendor approach was designed to favor AWS. The Pentagon has denied these allegations.

The DoD completed the RFP process at the end of October and is expected to choose the winning vendor in April.

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Microsoft continues to build government security credentials ahead of JEDI decision

While the DoD is in the process of reviewing the $10 billion JEDI cloud contract RFPs (assuming the work continues during the government shutdown), Microsoft continues to build up its federal government security bona fides, regardless.

Today the company announced it has achieved the highest level of federal government clearance for the Outlook mobile app, allowing US Government Community Cloud (GCC) High and Department of Defense employees to use the mobile app. This is on top of FedRamp compliance, the company achieved last year.

“To meet the high level of government security and compliance requirements, we updated the Outlook mobile architecture so that it establishes a direct connection between the Outlook mobile app and the compliant Exchange Online backend services using a native Microsoft sync technology and removes middle tier services,” the company wrote in a blog post announcing the update.

The update will allows these highly security-conscious employees to access some of the more recent updates to Outlook Mobile such as the ability to add a comment when canceling an event.

This is in line with government security updates the company made last year. While none of these changes are specifically designed to help win the $10 billion JEDI cloud contract, they certainly help make a case for Microsoft from a technology standpoint

As Microsoft corporate vice president for Azure, Julia White stated in a blog post last year, which we covered, “Moving forward, we are simplifying our approach to regulatory compliance for federal agencies, so that our government customers can gain access to innovation more rapidly,” White wrote at the time. The Outlook Mobile release is clearly in line with that.

Today’s announcement comes after the Pentagon announced just last week that it has awarded Microsoft a separate large contract for $1.7 billion. This involves providing Microsoft Enterprise Services for the Department of Defense (DoD), Coast Guard and the intelligence community, according to a statement from DoD.

All of this comes ahead of decision on the massive $10 billion, winner-take-all cloud contract. Final RFPs were submitted in October and the DoD is expected to make a decision in April. The process has not been without controversy with Oracle and IBM submitting a formal protests even before the RFP deadline — and more recently, Oracle filing a lawsuit alleging the contract terms violate federal procurement laws. Oracle has been particularly concerned that the contract was designed to favor Amazon, a point the DoD has repeatedly denied.

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AWS signs on to defend itself in Oracle’s JEDI RFP lawsuit against US government

Just when you didn’t think there could be any more drama over the Pentagon’s decade long, $10 billion JEDI contract RFP, the plot thickened again last week when Amazon Web Services (AWS) joined the US government as a defendant in Oracle’s lawsuit over the Pentagon’s handling of the contract RFP process.

Earlier this month, Oracle filed a complaint in the United States Court of Federal Claims alleging that the JEDI RFP process unfairly favored Amazon, that the single vendor decision (which won’t be made until April), violates federal procurement rules and that two members of the JEDI team had a conflict of interest because of previous affiliations with Amazon Web Services.

AWS filed paperwork to join the case, stating that because of the claims being made by Oracle, it had a direct stake in the outcome. “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,” the company’s attorneys stated in the motion.

The Motion to Intervene as a Defendant was approved by United States Court of Federal Claims Senior Judge, Eric G. Bruggink the same day.

Oracle filed a complaint alleging essentially the same issues with the Government Accountability Office earlier this year, but the GAO found no wrong-doing in a ruling last month. Oracle decided to take the case to court where it has had some high profile wins in recent years including its case against Google over its use of the Java APIs.

The JEDI contract RFP has attracted attention for the length, the amount of money at stake and the single vendor selection decision. This is a contract that every cloud company badly wants to have. Oracle has made it clear it’s not giving up without a fight, while Amazon Web Services intends to defend itself against Oracle’s claims.

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Oracle is suing the U.S. government over $10B Pentagon JEDI cloud contract process

Oracle filed suit in federal court last week alleging yet again that the decade-long $10 billion Pentagon JEDI contract with its single-vendor award is unfair and illegal. The complaint, which has been sealed at Oracle’s request, is available in the public record with redactions.

If all of this sounds familiar, it’s because it’s the same argument the company used when it filed a similar complaint with the Government Accountability Office (GAO) last August. The GAO ruled against Oracle last month stating, “…the Defense Department’s decision to pursue a single-award approach to obtain these cloud services is consistent with applicable statutes (and regulations) because the agency reasonably determined that a single-award approach is in the government’s best interests for various reasons, including national security concerns, as the statute allows.”

That hasn’t stopped Oracle from trying one more time, this time filing suit in the United States Court of Federal claims this week, alleging pretty much the same thing it did with the GAO, that the process was unfair and violated federal procurement law.

Oracle Senior Vice President, Ken Glueck reiterated this point in a statement to TechCrunch. “The technology industry is innovating around next generation cloud at an unprecedented pace and JEDI as currently envisioned virtually assures DoD will be locked into legacy cloud for a decade or more. The single-award approach is contrary to well established procurement requirements and is out of sync with industry’s multi-cloud strategy, which promotes constant competition, fosters rapid innovation and lowers prices,” he said echoing the language in the complaint.

The JEDI contract process is about determining the cloud strategy for the Department of Defense for the next decade, but it’s important to point out that even though it is framed as a 10 year contract, it has been designed with several opt out points for DOD with an initial two year option, two three year options and a final two year option, leaving open the possibility it might never go the full 10 years.

Oracle has complained for months that it believes the contract has been written to favor the industry leader, Amazon Web Services. Company co-CEO Safra Catz even complained directly to the president in April, before the RFP process even started. IBM filed a similar protest in October citing many of the same arguments. Oracles Federal Court complaint filing cites the IBM complaint and language from other bidders including Google (which has since withdrawn from the process) and Microsoft that supports their point that a multi-vendor solution would make more sense.

The Department of Justice, which represents the US government in the complaint, declined to comment.

The DOD also indicated it wouldn’t comment on pending litigation, but in September spokesperson Heather Babb told TechCrunch that the contract RFP was not written to favor any vendor in advance. “The JEDI Cloud final RFP reflects the unique and critical needs of DOD, employing the best practices of competitive pricing and security. No vendors have been pre-selected,” she said at the time.

That hasn’t stopped Oracle’s continually complaining about the process to whoever would listen. This time they have literally made a federal case out of it. The lawsuit is only the latest move by the company. It’s worth pointing out that while the RFP process closed in October and a winner won’t be chosen until April. In other words, they appear to be assuming they will lose before the vendor selection process is even completed.

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