bid protest | The Contracting Education Academy

April 23, 2020 By cs

Judge grants Pentagon’s request for corrective action on JEDI cloud contract

Federal Judge Patricia Campbell-Smith has granted the Defense Department’s March request for a 120-day stay to take corrective action on parts of the Joint Enterprise Defense Infrastructure cloud contract, which it awarded to Microsoft in October.

Amazon Web Services, which protested the award, had asked the judge in previous motions to force the Pentagon to take more expansive correction action, accusing the government of attempting to “gerrymander” revisions to the procurement.

In the order, which is under seal, Campbell-Smith grants the Defense Department’s motion for remand so that “it may reconsider the aspects of the procurement challenged in this protest action,” though the 120-day remand could be lengthened or shortened upon motion and subsequent judge’s decision.

Keep reading this article at: https://www.nextgov.com/it-modernization/2020/04/judge-grants-pentagons-request-corrective-action-jedi-cloud-contract/164721/

April 22, 2020 By cs

Pentagon IG review finds DoD improperly disclosed JEDI information to AWS

The Defense Department improperly disclosed sensitive information about its JEDI Cloud contract decision to Amazon after the company lost out on the multibillion dollar award, according to a review of the hotly-contested procurement by the Pentagon’s inspector general.

**Click on image above to download DoD IG’s report.**

The findings — which also indicate DoD failed to redact Microsoft’s proprietary information in its disclosures to AWS — are part of a sweeping 313-page report the DoD IG released last week.

Overall, the review found that while two DoD officials committed ethical missteps as part of the contracting process, they likely did not have an impact on the department’s final decisions. The OIG also said the department’s acquisition processes for JEDI — including the decision to award the contract to a single vendor — were “reasonable” and “consistent with applicable law.”

On another key question: whether the White House inappropriately interfered with the procurement, OIG officials said they could not come to any definitive conclusions, because the Trump administration had asserted a “presidential communications privilege.” In response, Pentagon lawyers instructed Defense officials not to talk with the IG about any discussions they may have had with the White House about JEDI.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/04/pentagon-ig-review-finds-dod-improperly-disclosed-jedi-information-to-aws/

April 15, 2020 By cs

Pentagon attorneys say Amazon wants ‘do-over’ in JEDI bid

The Defense Department urged a federal judge to grant its motion — filed in March — for a 120-day remand to reconsider the evaluation for its Joint Enterprise Defense Infrastructure contract.

In a legal filing April 3, Justice Department attorneys representing the Pentagon said Amazon Web Services seeks a “do-over” of the JEDI contract Microsoft ultimately won in October.

In late March, AWS — which is protesting the JEDI cloud contract award — asked Judge Patricia Campbell-Smith to deny the Pentagon’s motion for a four-month remand over its narrow focus, accusing the Pentagon of attempting to “gerrymander” revisions to the evaluation. AWS wants the Pentagon to address a host of potential evaluation flaws beyond the specific pricing scenario the department has agreed to correct.

In its April 3 filing, the Pentagon stated its proposed remand is “in good faith to reconsider its evaluation and source selection decisions.”

Keep reading this article at: https://www.nextgov.com/it-modernization/2020/04/pentagon-attorneys-say-amazon-wants-do-over-jedi-bid/164398/

March 17, 2020 By cs

Pentagon to take corrective action on JEDI

The Pentagon has asked a federal judge for a 120-day remand to “reconsider its evaluation” and take corrective action on the lucrative JEDI cloud contract it awarded to Microsoft in October, which could be worth as much as $10 billion over the next decade.

In a legal filing Thursday evening, the Pentagon asked Judge Patricia Campbell-Smith for an adjournment to address “various aspects” of its JEDI evaluation highlighted by Amazon, which protested the JEDI award in November.

The Pentagon plans to tweak the JEDI solicitation and accept “limited proposal revisions,” according to the filing, allowing the companies to rebid the contract.

“A remand here is in the interests of justice because it will provide the agency with an opportunity to reconsider the award decision at issue in light of AWS’s allegations, this court’s opinion, and any new information gathered during the proposed remand,” the filing states.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/03/exclusive-pentagon-take-corrective-action-jedi/163750/

March 3, 2020 By cs

Overstock.com protest could delay GSA commercial e-marketplace pilots until April or beyond

The General Services Administration (GSA) recently responded to an Overstock.com protest of the agency’s commercial e-marketplace solicitation, which could delay pilots until April — assuming revisions aren’t ordered.

Overstock filed its pre-award bid protest with the Government Accountability Office on Jan. 15 arguing some of the solicitation’s terms are ambiguous and restrict competition. The internet retailer further argued GSA didn’t allow sufficient time for companies to respond, according to a person with knowledge of the situation.

Overstock had until Feb. 24 to respond to GSA’s agency report based on anything it learns. The protest itself is covered by a protective order limiting disclosure to lawyers for the private parties.

Section 846 of the 2018 National Defense Authorization Act directed GSA to work with nontraditional government contractors on allowing agencies to purchase up to $250,000 — the simplified acquisition threshold — in commercial items. GSA’s initial pilot will focus on e-marketplaces like Amazon or Overstock, where competition between sellers occurs at the item level.

Keep reading this article at: https://www.fedscoop.com/overstock-gsa-e-marketplace-protest/

Federal Judge Patricia Campbell-Smith has granted the Defense Department’s March request for a 120-day stay to take corrective action on parts of the Joint Enterprise Defense Infrastructure cloud contract, which it awarded to Microsoft in October.

The Defense Department improperly disclosed sensitive information about its JEDI Cloud contract decision to Amazon after the company lost out on the multibillion dollar award, according to a review of the hotly-contested procurement by the Pentagon’s inspector general.

The Defense Department urged a federal judge to grant its motion — filed in March — for a 120-day remand to reconsider the evaluation for its Joint Enterprise Defense Infrastructure contract.

The Pentagon has asked a federal judge for a 120-day remand to “reconsider its evaluation” and take corrective action on the lucrative JEDI cloud contract it awarded to Microsoft in October, which could be worth as much as $10 billion over the next decade.

The General Services Administration (GSA) recently responded to an Overstock.com protest of the agency’s commercial e-marketplace solicitation, which could delay pilots until April — assuming revisions aren’t ordered.

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