DoD, Microsoft ask court to dismiss Amazon’s political bias claims in JEDI case

  • DoD, Microsoft ask court to dismiss Amazon’s political bias claims in JEDI case

    Posted by on December 22, 2020 at 12:19 AM

    AWS needed to make allegations of improper influence in JEDI contract long ago, attorneys argue

    Lawyers for Microsoft and the government are asking a federal court to dismiss key portions of Amazon’s lawsuit over the Defense Department’s JEDI Cloud contract, in a nutshell, because the claims in question were raised too late to be legally viable.

    In court filings unsealed late last week, attorneys asked the Court of Federal Claims to dismiss the portions of Amazon Web Services’ bid protest that allege DoD awarded the contract to Microsoft because of political bias, bad faith or conflicts of interest.

    They argue those claims, even if accurate, are almost entirely based on information Amazon knew or should have known before Microsoft was chosen as the surprise winner of the JEDI contract in Oct. 2019. And if Amazon had evidence of bias, it needed to raise those issues in a pre-award protest, they contend.

    “If AWS had raised its bias allegations in a timely pre-award protest, this court could have adjudicated those claims before DoD spent many months evaluating — and then reevaluating — the proposals. If AWS had persuasively shown bias, this court could have directed DoD to replace its allegedly-biased source selection team, before DoD and the offerors expended the months of time and effort associated with the corrective action, which involved numerous proposal submissions and amendments to the solicitation,” Microsoft attorneys wrote. “The court also would have resolved AWS's

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