The award is so large that it could tip the lucrative cloud computing business in Microsoft’s favor. Amazon Web Services, or AWS, pioneered the cloud computing business more than a decade ago and currently 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, known as JEDI, is not only the military’s largest information technology contract award in history, but is also expected to lead to other business across the federal government. Amazon was openly described by competitors and industry analysts as a clear front-runner due to 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 its 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 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 Shaw declined comment. The company had initially been opposed to the idea of awarding such a massive contract to a single company, arguing 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.
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The JEDI contract is the Defense Department’s approach to address the outdated, patchwork of computer systems that U.S. military officials said earlier this year was hampering its adoption of 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.
In July, 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.
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.
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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 General Accounting Office. If that agency ruled that the Defense Department award was justified, Amazon could then appeal the matter to the Court of Federal Claims.
Trump says Pentagon’s $10 billion cloud contract should be investigated. Again.
Amazon this year chose to build a massive second headquarters, a few miles from the Pentagon’s campus.
“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."