Court of Federal Claims | The Contracting Education Academy

January 16, 2020 By cs

Amazon will ask judge to halt work on DoD’s JEDI contract

With less than a month to go before the Pentagon and Microsoft get to work on building the military’s new Joint Enterprise Defense Infrastructure (JEDI) cloud, Amazon Web Services said Monday that it would ask a court to temporarily block any meaningful work under the controversial contract.

AWS gave notice of its plans as part of a status update its attorneys and the Justice Department filed jointly with the Court of Federal Claims. As part of the company’s bid protest lawsuit, its lawyers have previously said they were considering asking the court for a preliminary injunction, but the latest filing is the first concrete indication of their plans.

DoD has already said it intends to issue Microsoft the first “substantive” task order to begin building the unclassified portions of JEDI by Feb. 11. Because AWS wants to stop the work before then, and because DoD considers the project urgent to national security, lawyers for all three parties have already agreed on an expedited schedule for the court to consider either a preliminary injunction or temporary restraining order.

Judge Patricia E. Campbell-Smith would still need to agree to that schedule, but under the proposal, AWS plans to file its formal request to block work on JEDI by Jan. 24. DoD and Amazon would then have a little more than a week to respond with their filings asking the judge to deny it, and the court would issue a final ruling by Feb. 11, the day DoD plans to issue the first task order.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/01/amazon-will-ask-judge-to-halt-work-on-dods-jedi-contract/

January 8, 2020 By cs

Time to end Oracle’s long legal fight against JEDI cloud contract, government says

Government attorneys are telling a federal appeals court that it should rule against Oracle in its long-running legal challenge to the Pentagon’s JEDI Cloud contract — partly because some of Oracle’s legal claims are now beside the point.

Oracle is seeking to overturn a lower court ruling that found the Defense Department was on solid legal footing when it structured the multibillion dollar cloud contract. The company claims the Court of Federal Claims made “grave” errors in its ruling, including by brushing aside what Oracle alleges were serious conflicts of interest involving DoD employees and Amazon Web Services.

But in a response the government filed with the appellate court on Dec. 26, attorneys said any alleged improprieties surrounding AWS are now moot because of the Pentagon’s surprise decision in October to pick Microsoft, not Amazon, as the winner of the JEDI contract.

“Indeed, Oracle requested that AWS be eliminated from the JEDI competition, and DoD has effectively granted this relief, albeit for different reasons, by the award to Microsoft,” DoD and Justice Department attorneys wrote in their brief to the Court of Appeals for the Federal Circuit. “Accordingly, the court could not presently grant relief that would redress the alleged errors.”

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/01/time-to-end-oracles-long-legal-fight-against-jedi-cloud-contract-government-says/

October 16, 2019 By cs

COFC finds no jurisdiction over SpaceX’s OTA protest

The Court of Federal Claims dismissed SpaceX’s OTA bid protest finding that the court lacks subject matter jurisdiction over this OTA protest.

In a recently released decision, the COFC held that the court did not have Tucker Act jurisdiction to resolve a bid protest challenging the award of Other Transaction Agreements (OTAs).

In this case of first impression, SpaceX challenged the Air Force’s award of three OTAs for launch services. SpaceX acknowledged that the Air Force’s prototype OTAs were not “procurement contracts” under the Tucker Act. However, SpaceX noted that, following the government’s investment in the development of launch system prototypes under the OTA, the Air Force plans to procure launch services via a competitive procurement during Phase two of the program. As a result, SpaceX argued that the OTA was awarded “in connection with” the Phase two procurement, and therefore subject to Tucker Act jurisdiction.

The court rejected this argument, finding that the OTA award was not “in connection with a procurement or proposed procurement,” as contemplated by the Tucker Act. The court noted that the OTA and procurement competitions involved separate and distinct solicitations with different acquisition strategies, different start dates, and different goals. The court also noted that the Phase two Procurement will not be limited to the companies awarded the prototype OTAs.

Keep reading this article at: www.mondaq.com/article.asp?articleid=848220

March 1, 2019 By AMK

Pentagon investigating whether Amazon employee tilted JEDI contract

The Defense Department will review whether a former employee—who now works at Amazon Web Services—improperly impacted the integrity of its $10 billion JEDI cloud contract.

The conflict of interest investigation comes approximately one month before the Pentagon was set to award the $10 billion contract—to host, analyze and process swaths of classified and sensitive military data—to one of four competing companies: AWS, Microsoft, IBM or Oracle.

In a partially redacted court filing released Friday in Oracle’s suit against the Defense Department, government lawyers explained their motion to stay—or delay—the case stemmed from “new information” regarding “possible conflicts of interest involving former DoD employee, Deap Ubhi.”

Ubhi worked in the Pentagon’s Defense Digital Service for almost two years in between jobs at Amazon Web Services.

Keep reading this article at: https://www.nextgov.com/it-modernization/2019/02/pentagon-investigating-whether-amazon-employee-tilted-jedi-contract/155118/

July 27, 2018 By AMK

Acquisition reforms survive in Defense authorization bill

Contractors hoping to protect their right to file bid protests got much of what they wanted in the conference report for the fiscal 2019 National Defense Authorization Act, which also contained several provisions to streamline the Pentagon’s acquisitions.

In reconciling the two chambers’ bills, House members accepted a Senate provision to require the Defense secretary to study the frequency and effects of bid protests related to the same contract award filed at both the Government Accountability Office and the Court of Federal Claims.

Some contractors had previously objected to a Pentagon request for curbs on protests some consider “frivolous” by giving companies a deadline for filing a second one. Instead, Defense must conduct the study within 180 days and also establish a data collection system “to better track and analyze bid protest trends in the future,” a joint explanatory statement said. For contracts of less than $100,000, the Pentagon must establish by Dec. 1 an expedited bid protest process.

Keep reading this article at: https://www.govexec.com/contracting/2018/07/acquisition-reforms-survive-defense-authorization-bill/150005

With less than a month to go before the Pentagon and Microsoft get to work on building the military’s new Joint Enterprise Defense Infrastructure (JEDI) cloud, Amazon Web Services said Monday that it would ask a court to temporarily block any meaningful work under the controversial contract.

Government attorneys are telling a federal appeals court that it should rule against Oracle in its long-running legal challenge to the Pentagon’s JEDI Cloud contract — partly because some of Oracle’s legal claims are now beside the point.

The Court of Federal Claims dismissed SpaceX’s OTA bid protest finding that the court lacks subject matter jurisdiction over this OTA protest.

The Defense Department will review whether a former employee—who now works at Amazon Web Services—improperly impacted the integrity of its $10 billion JEDI cloud contract.

Contractors hoping to protect their right to file bid protests got much of what they wanted in the conference report for the fiscal 2019 National Defense Authorization Act, which also contained several provisions to streamline the Pentagon’s acquisitions.

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