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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 a Star Wars reference 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 UGG Australia Shearling Leather Boots outlet marketable cheap really popular for sale Poevf4
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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Photo Submission Requirements

To complete your registration, you must provide a recent photo of yourself for identification and test security purposes. This photo will print on your ticket and on the score report that is automatically sent to your high school. ACT will retain the photo for a period of time consistent with active use of test scores and test security purposes.

Photo submission options include:

You are strongly encouraged to complete this part of your registration and print your ticket as soon as possible to ensure everything is in order well before test day.

Your photo must be added by the photo upload deadline for your test date or your registration will be cancelled and you will NOT be admitted to test. You cannot print your ticket until the photo is added.

After you submit your photo, you will need to log in to your ACT Web account from a computer with a printer connection and print your ticket.

You must bring a separate valid photo ID to be admitted on test day. You should also bring a printed copy of your ticket. Failure to bring your ticket will delay your scores.

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Upload from computer

If you have a digital photo on a computer with an Internet connection, you can upload the photo directly to your ACT Web account. You will be prompted to upload your photo and print your ticket when you register online. While you can upload your photo any time up to the deadline noted below, you are strongly encouraged to complete this part of your registration and print your ticket as soon as possible, to ensure everything is in order well before test day.

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Upload from mobile device

To use a mobile device to submit your photo, first download and install one of ACT’s FREE mobile apps described below. You don’t have to have your own mobile device; you can use someone else’s as long as they install the free “ACTPhoto” app.

IMPORTANT: Create your ACT web account on a computer before using the mobile app; you will need to log in with your user ID and password to upload the photo.

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Android™ (2.3 or higher)

Available on Google Play .

If you don’t have access to a digital photo to upload via computer, or you don't have access to a mobile device to take and upload a photo, you may submit a hard copy paper photo, which must meet all the photo requirements noted above. The photo will NOT be returned to you.