Pentagon awards controversial $10 billion cloud computing deal

https://www.washingtonpost.com/busi...oud-computing-deal-microsoft-spurning-amazon/

Pentagon awards controversial $10 billion cloud computing deal to Microsoft, spurning Amazon
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President Donald Trump, left, and Satya Nadella, center, chief executive of Microsoft, listen as Amazon chief executive Jeff Bezos speaks at the White House in 2017. (Alex Brandon/AP)
By
Aaron Gregg and
Jay Greene
Oct. 26, 2019 at 9:30 a.m. GMT+8
The Pentagon awarded its controversial $10 billion cloud computing business to Microsoft on Friday evening, spurning a bid from Amazon, which had been expected to win the contract. President Trump had expressed opposition to giving the lucrative award to a company led by Jeff Bezos, a regular target of his ire.

The announcement came after an intense lobbying effort and a lawsuit filed by some of America’s biggest tech companies, which accused the military of favoring Amazon in a process that has dragged on for more than a year. During that time, Trump and other administration officials made it clear they did not want the contract to go to Amazon. Federal acquisition laws forbid politicians, including the president, from influencing contract awards.

Amazon Web Services, or AWS, pioneered the lucrative cloud computing business more than a decade ago and holds a leading 48 percent market share, according to market-research firm Gartner. Microsoft is the second-largest with a 15.5 percent share.

Defense Secretary Mark Esper recuses himself from massive Pentagon contract, citing son’s employment

The cloud computing contract, Joint Enterprise Defense Infrastructure, known as JEDI, is not only the military’s largest information technology contract award in history, but it also is expected to lead to other business across the federal government. Amazon was openly described by competitors and industry analysts as a clear front-runner because of its years of experience handling classified data for the CIA. The military also gave the company its highest data management certification. Microsoft’s designation was one step below Amazon’s.

Few thought Microsoft would beat out Amazon for the massive contract, and legal analysts said the president’s role in the procurement will almost certainly become the subject of litigation.

“It’s crystal clear here that the President of the United States did not want this contract to be awarded to one of the competitors,” said Franklin Turner, an attorney with the law firm McCarter & English. “As a result it’s fairly likely that we will see a number of challenges that the procurement was not conducted on a level playing field.”

“Microsoft should expect a near-term war here,” Turner said. “It’s a virtual guarantee that Amazon is going to pull out all the stops to check the government’s math on this one.”

After Trump cites Amazon concerns, Pentagon reexamines $10 billion JEDI cloud contract process

In a statement announcing the award, the Defense Department said: “The acquisition process was conducted in accordance with applicable laws and regulations.”

All parties, the statement said, “were treated fairly and evaluated consistently with the solicitation’s stated evaluation criteria.”

“We’re surprised about this conclusion,” Amazon spokesman Drew Herdener said in a statement. “AWS is the clear leader in cloud computing, and a detailed assessment purely on the comparative offerings clearly lead to a different conclusion.”

Microsoft spokesman Frank X. Shaw declined to comment. The company had initially been opposed to the idea of awarding such a massive contract to a single company, arguing that such an approach would hamper innovation. “We believe the best approach is one that leverages the innovations of multiple cloud service providers,” the company said early last year.

Defense inspector general to investigate Pentagon’s $10 billion cloud contract

The JEDI contract is the Defense Department’s approach to address the outdated patchwork of computer systems that are frequently specific to an agency. U.S. military officials said earlier this year that the current disjointed approach has hindered the sharing of intelligence and made it difficult for military agencies to adopt artificial intelligence technology.

Rival nations, meanwhile, are investing deeply in those capabilities.

The contract calls for the military to use a technical infrastructure, known as cloud computing, where customers rent services from companies such as Amazon and Microsoft, rather than purchasing the hardware and software to operate in their own data centers. The design of the technology allows customers to tap into massive farms of servers as they need to. And because the tech giants manage the technology, it runs the latest version of software and is thought to have the highest level of security.

Trump has openly spoken out against Amazon and its chief executive. He has attacked the Bezos-owned Washington Post for its coverage of him by conflating it with Amazon’s interests. The president has called the news organization the “Amazon Washington Post” while accusing it of publishing “fake news” and being a “lobbyist newspaper” for the company.

Retired Navy commander Guy Snodgrass, who worked for former defense secretary Jim Mattis, alleged in a recently published book that Trump sought to “screw” Amazon by locking it out of the JEDI contract and that the secretary refused to do so.

Soon after the Pentagon announced early last year that it would award the contract to a single tech company, a group of Amazon competitors that then included Microsoft, Oracle and IBM launched a highly public lobbying campaign seeking to break the award up into multiple pieces. The Pentagon has refused to budge from its initial strategy for the JEDI contract. In April of last year, Oracle co-chief executive Safra Catz brought it up in a dinner with Trump.

The Pentagon’s cloud strategy to catch up to the commercial tech industry

More recently, the campaign against the single-award approach has been led by Oracle. The company’s policy organization created a colorful one-page flow chart that featured photographs of Amazon executives, as well as other defense officials in charge of the procurement, including Mattis, with the title “A Conspiracy To Create A Ten Year DoD Cloud Monopoly.” The graphic, which was labeled “most wanted,” later landed on Trump’s desk, people familiar with the matter said at the time.

In a news conference in July, Trump said he had asked aides to investigate the JEDI contract because he had received complaints from Amazon’s competitors.

“I’m getting tremendous complaints about the contract with the Pentagon and with Amazon. … They’re saying it wasn’t competitively bid,” Trump said. “Some of the greatest companies in the world are complaining about it, having to do with Amazon and the Department of Defense, and I will be asking them to look at it very closely to see what’s going on.”

The president said he had heard complaints from “companies like Microsoft, Oracle and IBM,” each of which were initial bidders along with Amazon.

Soon after, he retweeted a link to a Fox News segment that referred to the JEDI contract as the “Bezos bailout.”

That same month — after a lawsuit and bid protests against the JEDI contract from Oracle and IBM were dismissed — the deal appeared to be headed in Amazon’s favor.

Trump says Pentagon’s $10 billion cloud contract should be investigated. Again.

But the White House in late July instructed Defense Secretary Mark T. Esper to reexamine the awarding of JEDI because of concerns that the deal would go to Amazon, officials close to the decision-making process told The Washington Post. The officials spoke on the condition of anonymity to talk freely about the private conversations.

In an interview with The Washington Post then, Esper acknowledged he had heard from “folks in the administration” about JEDI.

“I’m going to take a hard look at it,” he said. “We’re not going to be making any decisions soon until I’m comfortable with where it is and … then we’ll look at what adjustments we need to make, if any.”

Esper recused himself from the JEDI procurement process earlier this week, citing a conflict of interest. An IBM spokeswoman told The Post that Esper’s son, Luke, “has been a digital strategy consultant with IBM Services since February. His role is unrelated to IBM’s pursuit of JEDI.”

A person familiar with Amazon’s thinking said the company is “evaluating options” with regard to protesting the award. If Amazon filed a protest, the company would first need to raise concerns with the Government Accountability Office. If that agency ruled that the Defense Department award was justified, Amazon could then appeal the matter to the Court of Federal Claims.

Amazon this year chose to build a massive second headquarters a few miles from the Pentagon’s campus.

The maximum value of the contract is $10 billion over a 10-year period, although only $1 billion in funding was obligated for it at the time of the award. Defense officials have also emphasized that they are not “locked in” to the 10-year time frame, as they could cut the project short by declining to exercise certain contract options later on.

“Clearly, AWS was perceived as the front-runner to win this deal,” said Stifel Nicolaus & Co. analyst Brad Reback. “It’s a massively validating event for Microsoft.”
 
...The JEDI contract is the Defense Department’s approach to address the outdated patchwork of computer systems that are frequently specific to an agency. U.S. military officials said earlier this year that the current disjointed approach has hindered the sharing of intelligence and made it difficult for military agencies to adopt artificial intelligence technology.
...

Boy, do I have news for them...

The following is what the DoD can now expect. Smooth move, Trump. You just cost the US taxpayer billions of dollars more than you needed to, because of your personal grudge. Microshit was a BAD choice.

 
https://www.vanityfair.com/news/2018/05/donald-trump-bill-gates-hiv-hpv
Gates also discussed a time when Trump met his daughter, Jennifer Gates, at a “horse-show thing” in Florida. Jennifer is an “accomplished equestrian,” according to Business Insider. About 20 minutes after talking to Jennifer at the event, Gates said, Trump reappeared in style, flying in on a helicopter to the same place he had just been.

“So clearly he had been driven away, but he wanted to make a grand entrance in a helicopter,” Gates said, mimicking the flight path of Trump’s helicopter with his hand, eliciting another round of laughs. Gates added that his daughter came up in conversation when the pair first talked.

“It was actually kind of scary how much he knew about my daughter’s appearance,” Gates said. “Melinda didn’t like that.”
 
I hope Amazon sues the government, then Trump when he's out of office

https://www.cnet.com/news/trump-ord...zon-out-of-10b-contract-book-reportedly-says/

Trump ordered Defense chief to 'screw Amazon' out of $10B contract, book reportedly says

The president directed former Defense Secretary James Mattis to push Amazon out of the bidding for a lucrative cloud computing deal, a bio of Mattis reportedly says.

President Donald Trump ordered former Defense Secretary James Mattis to "screw Amazon" out of the chance to bid on a $10 billion Pentagon contract, a new biography of Mattis says, according to a report this week by military-focused website Task & Purpose.

The cloud computing services contract, for the Defense Department's Joint Enterprise Defense Infrastructure (JEDI), was awarded to Microsoft on Friday. Trump issued his directive to Mattis during a phone call last year, the biography said, according to Task & Purpose, which received an advance copy. CNET hasn't reviewed the biography, Holding the Line: Inside Trump's Pentagon With Secretary Mattis, by Guy Snodgrass, a former speechwriter for Mattis.

Amazon and its CEO, Jeff Bezos, are favorite targets of Trump, whose attacks are widely seen as stemming from unflattering coverage by the Bezos-owned Washington Post.

According to Task & Purpose, the biography says that during a meeting, Mattis told Snodgrass and others about Trump's order and said, "We're not going to do that. This will be done by the book, both legally and ethically."
 
I hope Amazon sues the government, then Trump when he's out of office

https://www.cnet.com/news/trump-ord...zon-out-of-10b-contract-book-reportedly-says/

Trump ordered Defense chief to 'screw Amazon' out of $10B contract, book reportedly says

The president directed former Defense Secretary James Mattis to push Amazon out of the bidding for a lucrative cloud computing deal, a bio of Mattis reportedly says.

President Donald Trump ordered former Defense Secretary James Mattis to "screw Amazon" out of the chance to bid on a $10 billion Pentagon contract, a new biography of Mattis says, according to a report this week by military-focused website Task & Purpose.

The cloud computing services contract, for the Defense Department's Joint Enterprise Defense Infrastructure (JEDI), was awarded to Microsoft on Friday. Trump issued his directive to Mattis during a phone call last year, the biography said, according to Task & Purpose, which received an advance copy. CNET hasn't reviewed the biography, Holding the Line: Inside Trump's Pentagon With Secretary Mattis, by Guy Snodgrass, a former speechwriter for Mattis.

Amazon and its CEO, Jeff Bezos, are favorite targets of Trump, whose attacks are widely seen as stemming from unflattering coverage by the Bezos-owned Washington Post.

According to Task & Purpose, the biography says that during a meeting, Mattis told Snodgrass and others about Trump's order and said, "We're not going to do that. This will be done by the book, both legally and ethically."

Well no shit, of course he'd compromise national security for a vendetta

https://www.wsj.com/articles/amazon...aims-improper-pressure-from-trump-11575905528

Amazon Bid Protest on JEDI Claims ‘Improper Pressure’ From Trump
Company says president wanted to harm Bezos in awarding of cloud-computing deal to Microsoft

WASHINGTON—Amazon.com Inc. said President Trump exerted “improper pressure” on the Pentagon to keep a lucrative cloud-computing deal from going to his perceived political enemy, company founder Jeffrey Bezos.

In a complaint filed in the U.S. Court of Federal Claims in Washington, Amazon said the president “launched repeated public and behind-the-scenes attacks” on the contract and the company to steer the contract away from Amazon. Mr. Trump’s aim was “to harm his perceived political enemy—Jeffrey P. Bezos,” according to the...

https://www.cnbc.com/2019/12/09/amazon-blames-trump-for-losing-jedi-cloud-contract.html
 
I hope Amazon sues the government, then Trump when he's out of office

https://www.cnet.com/news/trump-ord...zon-out-of-10b-contract-book-reportedly-says/

Trump ordered Defense chief to 'screw Amazon' out of $10B contract, book reportedly says

The president directed former Defense Secretary James Mattis to push Amazon out of the bidding for a lucrative cloud computing deal, a bio of Mattis reportedly says.

President Donald Trump ordered former Defense Secretary James Mattis to "screw Amazon" out of the chance to bid on a $10 billion Pentagon contract, a new biography of Mattis says, according to a report this week by military-focused website Task & Purpose.

The cloud computing services contract, for the Defense Department's Joint Enterprise Defense Infrastructure (JEDI), was awarded to Microsoft on Friday. Trump issued his directive to Mattis during a phone call last year, the biography said, according to Task & Purpose, which received an advance copy. CNET hasn't reviewed the biography, Holding the Line: Inside Trump's Pentagon With Secretary Mattis, by Guy Snodgrass, a former speechwriter for Mattis.

Amazon and its CEO, Jeff Bezos, are favorite targets of Trump, whose attacks are widely seen as stemming from unflattering coverage by the Bezos-owned Washington Post.

According to Task & Purpose, the biography says that during a meeting, Mattis told Snodgrass and others about Trump's order and said, "We're not going to do that. This will be done by the book, both legally and ethically."
Well no shit, of course he'd compromise national security for a vendetta

https://www.wsj.com/articles/amazon...aims-improper-pressure-from-trump-11575905528

Amazon Bid Protest on JEDI Claims ‘Improper Pressure’ From Trump
Company says president wanted to harm Bezos in awarding of cloud-computing deal to Microsoft

WASHINGTON—Amazon.com Inc. said President Trump exerted “improper pressure” on the Pentagon to keep a lucrative cloud-computing deal from going to his perceived political enemy, company founder Jeffrey Bezos.

In a complaint filed in the U.S. Court of Federal Claims in Washington, Amazon said the president “launched repeated public and behind-the-scenes attacks” on the contract and the company to steer the contract away from Amazon. Mr. Trump’s aim was “to harm his perceived political enemy—Jeffrey P. Bezos,” according to the...

https://www.cnbc.com/2019/12/09/amazon-blames-trump-for-losing-jedi-cloud-contract.html
and now we here:

https://www.bloomberg.com/news/arti...-10-billion-cloud-contract-award-to-microsoft

Pentagon Moves to Split Cloud Deal Between Microsoft, Amazon
The Pentagon scrapped a $10 billion cloud-computing contract awarded in 2019 to Microsoft Corp. after several years of wrangling between the government and some of the biggest U.S. tech companies over the deal, indicating it plans to divide the work between Microsoft and rival Amazon.com Inc. instead.

“With the shifting technology environment, it has become clear that the JEDI Cloud contract, which has long been delayed, no longer meets the requirements to fill the DoD’s capability gaps,” the Defense Department said in a statement Tuesday. The project, known as the Joint Enterprise Defense Infrastructure and intended as a sole-source contract, had been fiercely disputed from the start.

Instead, the Pentagon announced plans for a “multi-vendor” project and said it “intends to seek proposals from a limited number of sources, namely Microsoft and Amazon Web Services,” the only two companies it deems capable of meeting its requirements. It said other vendors will be considered if they can show they meet the contract terms.

Amazon extended gains on the news, rising 4.7% to $3,675.74 at the close in the biggest jump since Nov. 4. Microsoft was little changed at $277.66.

Amazon applauded the Pentagon’s decision, saying in a statement that the award “was the result of outside influence that has no place in government procurement.”

Microsoft said it understood and respected the decision to drop the contract because the Defense Department would have faced a prolonged court battle. “The security of the United States is more important than any single contract, and we know that Microsoft will do well when the nation does well,” Microsoft said in a blog post.


The Pentagon scrapped a $10 billion cloud-computing contract awarded in 2019 to Microsoft Corp. after several years of wrangling between the government and some of the biggest U.S. tech companies over the deal, indicating it plans to divide the work between Microsoft and rival Amazon.com Inc. instead. Naomi Nix reports on “Balance of Power.”Source: Bloomberg)
The future of the JEDI cloud program was thrown into doubt earlier this year when Pentagon officials said they may scrap the contract if the U.S. Court of Federal Claims declined to dismiss Amazon’s claims that political interference from former President Donald Trump cost the company the lucrative cloud deal. In April, Judge Patricia Campbell-Smith rejected requests by the government and Microsoft to dismiss part of Amazon’s lawsuit, allowing the litigation to continue.

The new cloud contract, dubbed the Joint Warfighter Cloud Capability, will be awarded to multiple vendors for a period of five years. The Defense Department said it hasn’t yet determined a maximum award amount for the replacement cloud project, but expects it to be in the billions of dollars.

Microsoft and Amazon won’t be awarded the deal automatically and will have to submit proposals on how they will satisfy the government’s requirements, according to the Pentagon. Among the requirements the Defense Department is planning to impose are the ability to handle sensitive data at multiple classification levels, global availability of cloud services in tactical environments and enhanced cyber security controls, according to a Pentagon fact sheet.

The prospect of endless litigation wasn’t the driving force behind the Pentagon’s change, said Acting Chief Information Officer John Sherman in a telephone interview. “This is really about mission need,” he said. “Because JEDI was conceived over three and a half years ago, we have moved to a different place” in terms of cloud advances.

Amazon and Microsoft were notified Tuesday of the new strategy through the Justice Department, which has been defending the Defense Department’s position. “We don’t have agreement yet” with them, although the initial feedback indicated “nothing negative,” Sherman said.

Sherman said that he will be reaching out to Oracle Corp., International Business Machines Corp. and Alphabet Inc.’s Google to outline the new plan. “The door remains wide open for the next three and a half months as we conduct market research” on additional competitors and whether they can meet the requirements.

The original contract, with its JEDI acronym, was intended to evoke “Star Wars” imagery. That project, valued at as much as $10 billion over a decade, was intended to serve as the primary data repository for military services worldwide. The Defense Department has said it’s adopting commercial cloud services, in which computing power and storage are hosted in remote data centers run by outside companies, to give it a tactical edge on the battlefield and strengthen its use of emerging technologies.

The Pentagon’s dissolution of the JEDI contract and implementation of a new cloud project offers one of the clearest public validations that Microsoft and Amazon remain the leaders in the cloud services market for the federal government. When Microsoft won the JEDI contract, it was seen as sign the company was catching up to Amazon, with some analysts touting it as possibly “the largest cloud contract award in history.”

Instead of a 10-yr contract, the Pentagon is shifting its contracting strategy to an initial three-year “indefinite order, indefinite quantity” period in which Microsoft, Amazon and possibly others would compete for a still undetermined number of specific “task orders.” The three-year period, which might start in early 2022, would be followed by two, one-year task order option periods. The Pentagon plans to release a new solicitation in October and make an award next year, Sherman said.

Legal Wrangling
Over the years, the contract had invited scrutiny from major tech companies, lawmakers and the White House. The Pentagon’s decision to award the deal to a sole provider, rather than breaking it up into several subcontracts, prompted vigorous behind-the-scenes lobbying and a public relations campaign by rivals to unseat Amazon, which was seen as the original front-runner when the cloud contract competition was unveiled in 2018.

In September 2020, Oracle Corp. lost an appeal of a lawsuit challenging its exclusion from the procurement. The software maker alleged the Pentagon’s contract requirements were overly narrow and that the competition was fatally tainted by conflicts of interest involving Amazon. Oracle’s lawsuit claims that Amazon offered two former Pentagon employees jobs at the company while they were working on the contract.

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court ruling that Oracle wasn’t harmed by any errors the Pentagon made in developing the contract proposal because it wouldn’t have qualified for the contract anyway. Oracle has appealed that ruling to the Supreme Court, which hasn’t decided whether to review the case.

Bezos as ‘Enemy’
After Microsoft’s upset victory in October 2019, Amazon Web Services filed a lawsuit asserting that the Defense Department ignored Amazon’s superior technology and awarded the contract to Microsoft despite its “key failures” to comply with requirements. The Pentagon made those errors because of improper interference by Trump, who considered Amazon co-founder Jeff Bezos -- who also owns the Washington Post -- his “political enemy,” according to Amazon’s lawsuit. The Defense Department denied that politics influenced its decision to award Microsoft the deal.

Amazon’s lawsuit relied on a laundry list of comments and actions by Trump and the Defense Department that the e-commerce giant claims shows the Pentagon bowed to political pressure when it awarded the deal to Microsoft. In one case, Amazon cites claims in a book by ex-Defense Secretary Jim Mattis’s former speechwriter, Guy Snodgrass. He said Trump told Mattis in the summer of 2018 to “screw Amazon” by locking it out of the bid. Mattis didn’t do what Trump asked, Snodgrass wrote.

The company also pointed to Trump’s comments during a news conference in July 2019, when he openly questioned whether the JEDI contract was being competitively bid, citing complaints from Microsoft, Oracle and International Business Machines Corp.

To bolster its case, Amazon asked the court to let it question Trump, former Defense Secretaries Mattis and Mark Esper and Dana Deasy, who was the Pentagon’s chief information officer. Judge Campbell-Smith has yet to issue a ruling on that motion.

In April 2020, the Defense Department’s inspector general said there was no evidence that the Pentagon’s decision to award the deal to Microsoft was the result of interference from Trump, though it said its probe was curtailed by White House officials. The watchdog also cleared the project of conflict of interest allegations involving Amazon.

As the legal and regulatory battles over JEDI dragged on, the Defense Department stressed that it has more than a dozen other cloud projects, including partnerships with Oracle, Amazon, General Dynamics Information Technology and Microsoft.
 
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