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There is a battle afoot, one you might not have heard about yet, but it involves a high-stakes winner-take-all contract for the Department of Defense’s cloud contract. It could involve billions of dollars and when a humongous sum of money meets a set of powerful tech companies, intrigue can’t be far behind.

The story even has Cole Haan Womens Elinoresam Clos countdown package online outlet big sale buy cheap in China exclusive sale online 6G7HPYxb5X
with the Pentagon dubbing the project the Joint Enterprise Defense Infrastructure (or JEDI for short). Who says the Pentagon is staid?

The tech names involved include the likes of Amazon, Google, Microsoft, Oracle and Rean Cloud, LLC. Wait, what’s that last one doing there you may ask? Good questions, but Rean Cloud , a little known Maryland Amazon Web Services partner was awarded a five-year contract worth up to $950 million in February to help the DoD with cloud procurement and pricing, likely a first step ahead of the cloud contract itself.

It didn’t take long for the big guys to start howling and Oracle (you will hear that name more than once in this story), filed a formal complaint over the deal with Government Accountability Office. Not long after, the DoD announced that the deal was being scaled back from $950 million to $65 million, still a substantial contract for a systems integrator you probably never heard of, but a fraction of the original deal.

A couple of days later, the Pentagon announced it was starting a bidding process for the cloud contract itself. That would be a winner-take-all affair for a contract that could stretch for a decade and involve many billions of dollars. The exact number isn’t clear, but suffice to say it’s a humongous sum and every enterprise cloud company wants this deal.

Photo” Bill Clark/CQ Roll Call

As you might expect with a huge deal in Washington, DC, it didn’t take long for politics to enter into the fray. For starters, the Congress began to question the single winner component. They included language in the $1.3 trillion omnibus spending bill directing the DoD to explain within 60 days how it plans to acquire cloud services in light of the parameters of its cloud bidding process. In particular, Congress was concerned about the Pentagon being locked into a single vendor for a decade with no real way to back out and no competition after the initial bidding process.

Next, the president began a series of Tweets against Amazon , not necessarily related to the cloud or the Pentagon contract, but Amazon is the biggest cloud company bidding for a major contract. It’s worth noting that White House spokesperson Sarah Huckabee Sanders denied the president’s anti-Amazon stance would play a role in the contract award .

Adams on Contract Drafting

Posted on by Ken Adams

Today I had occasion to consider use of the phrase in particular in contracts. Here are some examples, taken from the SEC’s EDGAR system:

The Company has taken all reasonable steps to maintain the confidentiality of or otherwise protect and enforce its rights in its confidential information, in particular the trade secrets owned by the Company.

in particular

Each FREGAT Owner represents that it is represented by their own counsel in this transaction and that such counsel has carefully reviewed with it the terms and legal consequences of the Exchange and, in particular , the Tax consequences of the Exchange to such FREGAT Owner.

The Employment Agreement, in particular Section 4.9 thereof, contains express provisions regarding Section 280G and/or 4999 of the Code of the type described in Section 14(f) of the Plan.

Lender shall use ordinary reasonable care in the physical preservation and custody of the Collateral in Lender’s possession, but shall have no other obligation to protect the Collateral or its value. In particular , but without limitation, Lender shall have no responsibility for (A) any depreciation in value of the Collateral or for the collection or protection of any Income and Proceeds from the Collateral, (B) preservation of rights against parties to the Collateral or against third persons, (C) ascertaining any maturities, calls, conversions, exchanges, offers, tenders, or similar matters relating to any of the Collateral, or (D) informing Grantor about any of the above, whether or not Lender has or is deemed to have knowledge of such matters.

In particular

The Included Entities shall bear all costs and expenses incurred in connection with effecting transactions involving Investment Account Assets. In particular , the Company and the Included Entities shall pay or reimburse the Investment Manager for … .

I don’t use in particular . It serves to flag something that the drafter wishes to highlight. But attributing special significance to one provision necessarily entails downplaying the significance of others. It’s preferable instead to let the provisions speak for themselves.

In particular conveys essentially the same meaning as including when the latter is used in a not-entirely-disciplined manner. (Hence use in one of the above examples of in particular, but without limitation —a real stinker, methinks.) I recommend that you use including only to bring within the scope of the class in question something that’s lurking on the gray edges. (For more on including , see this April 2007 blog post .) That isn’t a meaning conveyed by in particular .

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