Oracle files response brief in fight against JEDI contracts
Written by Billy Mitchell
It’s been almost three years since Oracle first launched its bid challenge campaign to invalidate the Pentagon’s potential $ 10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud contract. This week, the cloud company presented its latest case to the United States Supreme Court to explain why it believes the cloud mega-contract violates federal law.
In one short answer Filed Monday, Oracle continued its efforts to characterize the Department of Defense acquisition as an irregular one-time award contract with “damaging” door requirements and limiting competition.
“Absent the intervention of this court, the JEDI contract will be continued for the next decade as an illegal single-source auction,” the company said in its submission to the court.
Earlier this year, Oracle filed a motion for a writ of certiorari, which is the legal process required to appeal for the Supreme Court to review a lower court’s decision. In this case, Oracle asked the Supreme Court to reconsider the Federal Circuit Court of Appeal’s decision to uphold the JEDI market. Oracle has already lost in appeals to the Government Accountability Office and the Federal Claims Court.
Lawyers for the government have previously argued that Oracle failed to meet basic contract requirements, preventing it from moving forward through the bidding process. The company pursued almost all available legal options to challenge the acquisition.
In its latest response brief, Oracle reintroduced conflict of interest allegations between DOD and Amazon, which a lower court previously confirmed but did not “taint” the overall acquisition. Oracle, however, believes the move is inconsistent with Supreme Court precedents, court documents show.
In one separate memory since the beginning of the month, the US government has argued in the Supreme Court that Oracle was pursuing a tactic of “selection[ing] of the large amount of communications and isolate[ing] some suggestive sound clips ”regarding conflicts of interest. He also reminded the court that “Congress’ preference, but not a requirement, is that task order and delivery slip contracts be awarded to multiple sources rather than a single source.”
Regardless of the Supreme Court ruling on the Oracle case, it is possible that there will not be a JEDI contract for much longer. Amazon Web Services was successful in creating a Federal Claims Court case that prevented contract winner Microsoft from building an enterprise cloud system for DOD. The ministry recently said that if things were to take much longer with this lawsuit, it might consider alternatives to JEDI.
Oracle has been contacted for comment.