Oracle fights against exclusion from the ICE cloud contract
Oracle and one of its top resellers are in familiar territory with a cloud computing service tender that effectively bids them from bids.
The Department of Homeland Security’s Immigration and Customs Service has issued a call for a flat-rate purchase agreement. This request states that bidders must offer Amazon Web Services, Microsoft Azure or Google Cloud in order to bid.
Oracle and Mythics have left out bid protests claiming that ICE restricts competition by including brand names in the tender.
As far as I can see: This protest is very similar to that Oracle and Mythics submitted in 2020 after the Library of Congress specified the same cloud providers and excluded Oracle.
The Government Accountability Office maintained the protest, ruling that the Library of Congress did not justify the requirement to restrict competition to vendors that support AWS, Google and Microsoft.
The Library of Congress proposed a corrective action, but GAO found it was missing, as did other efforts to change the request.
Following the GAO’s decision, the Library of Congress published a new call for tenders and eventually awarded a $ 80 million contract to Four Points Technology LLC. In my review of the tender documents published by Deltek, it appears that the agency has removed the branding requirements from the specifications in the new tender.
It is a strategic partner of AWS, according to the Four Points website. So the outcome of the protest did not result in a contract for Oracle or Mythics.
The same attorney, Craig Holman of Arnold & Porter, represents Oracle and Mythics in the ICE protest. Holman also represented Oracle on the Library of Congress matter. He declined to comment.
My speculations are that GAO, like the Library of Congress, will likely urge them to remove the brand names from the tender unless ICE has written a strong justification for the brand name requirement.
Written by Nick Wakeman on June 04, 2021 at the 10:37 am