WASHINGTON (Reuters) – As the Amazon.com (AMZN.D) decide to fight the Pentagon’s decision to award a highly controversial $10 billion cloud-computing contract to Microsoft, it would be next week.
FILE PHOTO: The logo of Amazon is seen at the company’s distribution centre in Boves, France, 8th August, 2018. REUTERS/Pascal Rossignol
The challenge for the Ministry of Defense of the award will be announced on Friday, is widely expected by legal experts, analysts, and consultants to, especially when the President, Donald Trump is in the public ridicule, Amazon’s offer for the high-stakes contract.
In July, He said the administration was reviewing the Amazon offer after complaints from other companies as well. Prior to that time, Amazon was widely seen as the front-runner. He has on several occasions taken swipes at the Amazon and its founder Jeff Bezos, who is the owner of the Washington Post.
For more than a year, bitter contract award process for the Joint Venture, Defence, and Infrastructure (JEDI) an agreement, in a tug-of-war between Amazon, Microsoft Corp’s (MSFT.O), Oracle Corp (ORCL.(N) and IBM Corp (IBM.(N), and involved a conflict of interest accusations, legal challenges and intense lobbying.
In a statement, Amazon Web Services, says, “amazed at this story.” A person familiar with the matter told Reuters that the company is considering the option of protesting the award. The company did not respond to requests for comment on its next steps.
Reuters spoke to several legal experts, who said that the company has basically two options. The U.S. Government Accountability Office (GAO), a legislative branch of the government that provides the services, who would be able to provide an immediate stay. Amazon would also be able to go to the U. s. Court of Federal Claims, which could have led to the strengthening of the case for the discovery.
Amazon has made three calendar days before the request for a debriefing is a process in which the government has placed in the Amazon, why it does not work, and shares details about the review process, said Michael Hordell, a lawyer who is working with Barnes and Thornburg llp.
The discussion can also be extended by a few days as well as the Department of Defense makes up for the additional questions, after providing a declaration, a move the agency has been allowed in the past, several lawyers said.
After the Pentagon’s response to Amazon’s request, the company will have five calendar days to make a “protest,” the GAO, Hordell said.
If the company is not happy with the GAO’s decision in the Amazon should also be able to go to the United States Court of Federal Claims, the lawyers said. It may as well skip to the GAO, not at all, ” she said.
Another option for Amazon is to file a protest with the foreign Ministry, but of all the lawyers, Reuters said, is that it is very unlikely to occur.
AN AUTOMATIC STAY
If Amazon is going to the GAO, it may be an automatic stay of performance,” said Franklin Turner, an attorney with the also close & English, llp.
This gives the WALK for 100 days, the period of time in order to make a decision, Turner said.
If the company is going to be the court of law, it does not get an automatic stay and for injunctive relief: an order that can be carried out either before or during the trial, with the goal of maintaining the status quo for the last judgment.
The court of justice, on the other hand, provides for a “discovery” is a process by which an injured party to obtain evidence by requesting additional documentation and explanation.
The direction of the litigation and should be able to be determined by a set of documents, and the evidence is that the Ministry of Defence will have to deal with the company after the Amazon, the files are fine.
If Amazon does not receive all the documentation and evidence will, it would be the company to file a supplemental protest to the GAO, whether it would be able to go to court, the lawyers said.
FILE PHOTO: Members of Amazon.com Inc. the annual cloud-computing conference, walking past the Amazon Web Services logo,, in Las Vegas, Las Vegas, Nevada, united states of america, November 30, 2017. (REUTERS photo/Salvador Rodriguez
In the Amazon, is likely to be in the fight, the decision, if only to show it is serious about its contracts with the government, business, and a number of lawyers and financial analysts.
On the way, the company is likely to focus on the win cloud contracts from the Central Intelligence Agency, who is looking to increase its reliance on the cloud, with plans to ask for tens of billions of dollars worth of work on the tech companies of the year.
Amazon has a $600 million contract with the CIA.
Reporting by Nandita Bose in Washington; Editing by Chris Sanders and Lisa Shumaker