Google Sues US Gov't For Only Considering Microsoft
An anonymous reader writes "Late last week, Google sued the US government for putting out a Request For Quotation for the messaging needs of the Department of the Interior that specified only Microsoft solutions would be considered. Google apparently had spent plenty of time talking to DOI officials to understand their needs and make sure they had a solution ready to go — and were promised that there wasn't a deal already in place with Microsoft. And then the RFQ came out. Google protested, but the protest was dismissed, with the claim that Google was 'not an interested party.'"
It's one of those bureaucratic loopholes. Without the GSA schedule and number, you can be dismissed from any offering regardless of how much time you put in. Did they really not have one? Almost seems like a bad oversight.
Honestly though, even if they did can they really think that suing the gov't over some minor app is going to win tons of dollars and contracts? Every spec can be written in the future in such a way to exclude a companies abilities ad infinitum.
When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
Google's a US corporation, so isn't it by definition an "interested party" in any transaction involving the US government?
rooooar
How is this any different than granting no-bid contracts granted to companies for rebuilding infrastructure or working the oil fields in Iraq? Isn't a no-bid contract the same thing as saying they are considering a single company?
Living With a Nerd
In related news- Google CEO Eric Schmidt was found boxing the deathstar late saturday night. Schmidt had apparently had one too many candy corn flavored schnapps.
So basically, your approach would be to let your direct competitor AND arch enemy get away with their corruption and greed and walk all over you for fear that they might walk all over you again with their corruption and greed.
Your message: Don't fight the status quo because if you don't things will remain the same...
Really, grow a spine, it is all the rage these days.
Asking for a MS only solution in an open bid is NOT an open bid. If I make an open bid for cars as long as they are made by ford, then it is not open. And governments should NOT do this kind of job unless they want the outraged citizens to march to the capitol and... oooh Idols is on.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
If only one company was going to be considered?
Why would the government consider anyone else, they want to keep a monopoly active for Microsoft. The bigger Microsoft gets the bigger kick backs the government can get it's simple math.
Could they go open source, sure but that wont make them nearly as much money as going with Microsoft, after all there not looking to buy quality there just looking to buy a solution, so think Microsoft.
It defeats the whole purpose of a bidding system to state that only one company will be considered for bidding. I might be wrong here but I'm pretty sure that's illegal. Which is probably why they are suing.
IAAL and have worked on government contracting/federal procurement issues. The myriad ways in which the government gets to completely call the shots are just ridiculous. From highly technical rules for bidding to ludicrous standing requirements for protesting a bidding decision, you're really at the mercy of the contracting officer. This doesn't even begin to describe the many ways they can screw you over after you win a contract. Just look up the government's use of termination for convenience clauses to get an idea of how highly the courts favor the government when it becomes a contracting party.
Thanks to years of being "open for business"... probably not starting with, but vastly increasing during the Bush W Administration (and not being brought back under control with Obama admin), the Department of the Interior has been almost thoroughly corrupted and captured.
It's not surprising that they are the target of lawsuit... what's sad is that they aren't sued by regular citizens for abdication of their purpose in search of bribes and kickbacks from Industry.
I wish Google best of luck in turning the stone on this cockroach-infested den of iniquity.
Make sure everyone's vote counts: Verified Voting
It is pretty amusing, because I have repeatedly seen government (and corporate) IT talk about avoiding Macs because they are a Single Source Solution: you can't buy Macs from anyone but Apple, so you are locked into dealing with only one vendor. Then these same people would turn around and specify Microsoft Windows solutions. Precisely how many vendors do they think make Microsoft Windows?
If any of these people were honestly interested in avoiding vendor lock-in, they would require that all solutions be free and open source software. And preferably "open source hardware," if there actually can be said to be such a thing.
The Interior Department was the most corrupt department (that we know of) during the Bush/Cheney administration. It was the main feeding grounds for Jack Abramoff, centered on using Indian tribes to grab casino industry money. It was the Interior Department's MMS office that traded favors to oil corps for coke and hookers, then let BP drill the Gulf despite its obvious contempt for safety, and let it slide through the resulting Macondo Well blowout through this Summer.
"Most corrupt department" was the hardest fought competition this whole decade, and it's clearly continued even after Bush/Cheney left. I am not at all surprised that the Interior Department is in bed with another monopoly disserving the people it's supposed to protect.
--
make install -not war
I couldn't visualize it from the description, but this video shows how it works
http://www.youtube.com/watch?v=UesbkO3NvoY
Pretty crazy. It'll come down to whether they can actually make something like that reliable.
A lot of discussion on "How come only Microsoft".
While I agree it's not "competitive", I think they are looking for bids on hosting a Microsoft based solution - not Microsoft, the company, providing the hosting
I certainly have to laugh at the timing of this move. I pondered a moment how effective a call to my elected officials might be at midterm election time, then said to myself, "FUUUUUUUUUU...."
Been there, done that. One of my former employers essentially bet the company on a federal RFP that was seeking POSIX compliance on diskless workstations. We worked our butts off to develop a solution using SCO Unix (back in the days before SCO decided to go into litigation as a business model), but even though it met all the requirements, the contract was awarded to the incumbent, who bid Windows NT -- with some kind of POSIX plug-in. We protested (the loser always protests), but we lost. Maybe it'll turn out better for a deep-pocketed company like Google.
"Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
I am wondering if anyone knows just how much money the federal goverment sends to Microsoft each year.. There has got to be somewhere I can easily find this information. And while I am at, how about for any corporation?
I would love to see the Top 10 Fed supported companies.
Hey, M$ bought that contract fair & square! Check out this story for one perspective on MicroSoft's US governmental buying power: http://www.linuxjournal.com/content/oss-europe-vs-united-states
Eons ago, America had worked heavily to wipe Corruption. America was the land of the good. Now, we are increasingly not much different than any 3rd world nation.
So what's the problem? That's their specs.
And looking at the complaint, it just looks like the DOI wanted to use one messaging system, Microsoft's, and settled on it. Google was trying to push their system. There's a lot of shit going on here and it just looks like Google didn't get their way and is using their money to bully their way.
Oh wait, this is Slashdot and it's Microsoft involved. Never mind.
RIP America
July 4, 1776 - September 11, 2001
...supporting M$ - since they are no longer solidly the technology company with the largest market cap.
You're going to see how well that works tomorrow.
There is less and less reason to believe in Google as a company. It doesn't seem like anything was signed.
Google was not an interested party
DOI forgot to s/interested/interesting/ to lessen the blow to Google. The government's fault was in creating rage and adding gas to that fire... I'd be angry too if an prospective employer pulled the same thing off in a job offer, daring to say I wasn't an interested party, though I went to their interview.
But just like my example, in most of the United States, a plaintiff with no signed agreement has little power to demand anything from the alleged agreement.
It seems pretty clear that the Governments primary objection was to the fact that the servers providing service would have to be run by Google instead of by the government. Google simply said "you don't need to have the servers on site to be secure, don't worry about it!" I'm not sure that the RFQ was done correctly, but their true concerns are valid. I wouldn't want any government services hosted in anyones cloud, the chance for abuse is huge.
This is probably the only lawsuit I read about on Slashdot that I am going to support. Well done Google. And DOI must be lacking some sense these days to call it RFQ when they specified they will only consider bids from one company.
It should read "Google Sues US Gov't For Considering Only Microsoft". It's a slippery slope, people. The next thing you know, people will be using the word "alternate" when they mean "alternative".
http://www.foxnews.com/politics/2010/08/24/spy-agency-amends-bid-contract-notice-google-favored/
The agency's online synopsis indicated that the agency wants to steer the contract to Google, based in Mountain View, Calif., on a no-bid basis because “Google is the only source that can meet the government's requirement for worldwide access, unlimited processing, and Open Geospatial Consortium complaint web service interfaces.”
But Microsoft, the computer behemoth headquartered in Redmond, Wash., has indicated that it believes its Bing Maps program can also meet the agency's needs. In response to several calls, the agency told Fox News that a number of “interested parties” had met a Tuesday evening deadline for formally challenging the agency’s no-bid plan.
Well, thinking of it as just any company, not some big corrupt group, their objective could be simply to keep compatibility with this that and the other. Which brings up interesting questions. Open source can be an open specification, yes, but not really, it's just another imposition. It doesn't really guarantee compatibility, short or re-writing huge chunks of something. How could these specs be made? It would perhaps bring forward all kinds of "compatibility profiles", for mail servers, database servers, applications, etc. I believe the army has some of those.
Build your own energy sources from scratch. http://otherpower.com/
I admit, I laughed when I read that list. Then I frowned because it's so true.
GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
Speaking of bias, what about the FTC ending their privacy probe into Google just days after Google execs hosted an Obama fundraiser, which also happened on the same day that it was reported that Google dodges enough taxes to only pay a 2.4% corporate income tax, the lowest of its technology peers? I guess Google wants to pretend only Microsoft gets preferential treatment.
Microsoft has been doing a huge push to government entities to claim that only Microsoft has "unified/consolidated email" and "enhanced security", and thus any non-Microsoft system must be abolished. This has included planting their shills inside government.
Forget POP3, IMAP, most of SMTP, and any open source products.
This has been going on for years. I'm surprised that ./ finally noticed.
Hello immovable object... Meet unstoppable force... ROUND 1 FIGHT!
Like the way BP was "not an interested party" in the Gulf Oil Spill?
Well, they didn't seem all that interested at first.
This is a tough one to have a position on as there are interesting arguments for and against both Google and Microsoft. On one hand, I am none to keen on entrusting data to a third party's (Google) cloud-based system as there exists the potential for Google to abuse this. On the other hand, Google could release information documenting rampant abuse by government thereby providing some transparency and taking some control away from government. This is a thorny issue with no really good solution because if government controls its own mail servers a la Exchange, there exists the opportunity for a rogue official to make emails vanish. It would probably be best to have an independent oversight committee but, even that, creates more cogs in the bureaucracy.
Seems like Google wants to be a player with the government too.
But the gov bodies aren't sure whether Google will play ball like Microsoft has shown.
I mean... when is the last time you saw MS take a stand against the demands of Chinese leaders? (see Bing censorship)
Google, you need to make your offer more clear. Specifically:
Are you or are you not going to give user decryption keys to allow one gov body to spy on the communication of the other?
cause If not... your just aint a playa.
If it's to play particular games, watch videos etc, your needs may be better suited by a PS3 or Wii, or even a PC
For one thing, there are plenty of Xbox 360 exclusive games. For another, Xbox 360 is the only platform that officially allows indie development of video games designed for hardware that is commonly used with large screens. PCs can be connected to large HDTV screens but aren't in practice (apart from the tiny market of HTPC geeks, which CronoCloud has assured me is insignificant), and PS3 and Wii have no counterpart to XNA Creators Club.
Sounds like the winner is predestined to source support from India, Bangladesh, or the People's Republic of China, doesn't it? Or maybe from an Microsoft-centric equivalent of "SEK, a state-run animation studio of North Korea" as per the /. story on the Simpsons?
Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
"All I am saying is that based on the complaint it appears as if Google has an interesting case and one which they will lose simply because that's how the government works."
Companies lose court cases, generally, because the gov has unlimited funds and time, and they don't. But Google DOES have unlimited funds and time, and if they can get all gov departments to be forced to consider them, they might consider fighting this long and hard. They might not lose. They probably will, I gather, but maybe not.
I never knew Google was a Microsoft VAR/Reseller.
Seriously, if an RFQ can't limit the acceptable technology, what is the point? If a Gov't agency put out an RFQ for AutoCAD, do they really have to entertain a quote from Google Sketch?
If they put out an RFQ for pick-up trucks, must they analyze quotations for Suburbans?
Get past Google bs. Microsoft, and the stupidity of this outrage is obvious.
I suspect someone confused RFP with RFQ - one is to pick a solution (RFP) and one is to price a solution you've decided on (RFQ) - they are not interchangeable.
Ken
It's been going on since at least the 1810s. There was even some going on during the Revolution.
Bottom line: the bigger the governmental entity, the more attractive it is as a target for corruption. Therefore, the best solution is to minimize the size of governmental entities, and __Watch the little ones closely__.
By way of (distant) analogy, neighborhood watch tends to be much more effective at preventing localized crime than police patrols by a big city police department.
It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
How many people have firm opinions that the government did something wrong here - show of hands please?
How many people know the differences between an RFQ, RFP, and an IFB? Why did so many hands go down?
Seriously, an RFQ is a tool to arrive at market price for a defined solution, and it is non-binding.
An RFP is a request for respondents to define a solution, the Gov't is open to various solutions.
And an IFB is an Invitation To Bid - this is where the Gov't picks a vendor for a defined solution based on price.
Every response i see here has these three different documents conflated... I suggest you look here for guidance:
http://www.onvia.com/b2g-resources/article/responding-to-an-ifb-rfp-rfq-do-you-know-the-difference
Ken
"I wouldn't want any government services hosted in anyones cloud, the chance for abuse is huge." --- This is the kind of thing only a Microserf would say to persuade the audience they are doing the right design for the greater good of all taxpayers.
Come on the Google Engineers aren't idiots. They could architect an internal government area wide cloud providing all the services. Any excuse I'm hearing about not letting Google bid in this RFQ is definitely rooted in bribery and corruption. Google has proven they have the know-how to deliver something scaleable, fast and respectably secure.
The added benefit of having Google Engineers work on it is they are experienced in making their source code public and accessible. Taxpayers could ratify the RFQ and ensure all taxpayers see all the source code for the project as one of the product deliverables. Microsoft isn't so apt to making product source code public.
If the government is truly sincere about making itself accountable and transparent, they should open-source any project that the tax-payers pay for and make it part of every project deliverable on an on-going basis throughout every phase in the project lifecycle. Otherwise I'm inclined to say the politicians and government department officials are corrupt and don't have interests of the taxpayers at heart.
I take calls from sales reps who design intercom or security systems, they are given a requirements list and half the time they spell out a specific company. Hardware, software, it doesnt matter. People who want companies to place bids on setup, install and maintiennece, will spell out a specific company and require everyone to submit bids on it. Is this fair to our competitors? Not at all. Half the time the client wants to use something familiar or use a company that previously worked great for them.
If you have a voice intercom system that lasted 20 years without fail and you want to upgrade the whole system, guess what, you'll probably wont accept anything other than the brand that lasted you 20 years of service.
This is not unusual or new.
You write up an RFP when you know your problem and you need a solution. Language often specifies a technology, but allows for equivalent substitutions. Protests often happen over debate of what qualifies as equivalent, but if the DOI was looking for a solution, they would write an RFP.
But they weren't looking for a solution, they were looking for a vendor, and already knew what solution they wanted. That's when you write an RFQ, specify exactly the technology you want and then let everyone submit pricing. The disadvantage is that you have to choose the low quotation. In an RFP, you do not have to take the low proposal, even in the public sector.
So it might feel wrong, but way before the RFQ was even written the DOI determined that they wanted the Microsoft solution and just wanted pricing. Google lost before it even started. Which is probably short sighted by the DOI, but well within the law. As a public sector person who deals with this, it's not easy to get what you know you need at a price you want. Most public entities aren't being corrupt, but like someone else mentioned, the spirit of the law has long been lost and both sides spend inordinate amounts of time and money just trying to game the system. Like the vendor who protested that his 7200rpm SATA drive SAN was equivalent to the 15k SAS version and that he won on price... ugh.
one company's politics are more Obama agenda friendly than another.
I just wanted one freaking post in this forum to use the phrase "Competition in Contracting Act". Now one does.
What most people are missing is that they are not only allowing Microsoft to quote, they are asking for a quote from anyone and will pick the lowest option. They are only specifing that it has to be for a Microsoft solution. As for restricting to a Microsoft product this is done on almost all RFQ's. Police departments Restric RFQ to Ford Crown vics because that is the vehicle they have a support network for. CA CHP restricted their firearms RFQ to S&W 4006 because that is the only weapon they have straind and have repair people for. (This one went thru multiple appeals from other gun vendors, in the end the state mad it case that it was unsafe to support multiple weapon platforms in training and equipment) The DOD purchases Cisco hardware and its RFQ only support Cisco hardware. This is because all the training is done on Cisco hardware and we can just re-train every time they purchase anothe grup of equipment. I deal with local govt that request a quote for a VFD, PLC, Contactors, Pilot devices and they specify the devices have to be A-B as this is what they have standardized to. This restricts it to a platform. They have people trained on a platform Microsoft, If they had to change or support multiple programs just to be fair the cost would be prohibitive. I know people hate Microsoft but it is a defacto standard in the IT industry since there are so many people trained on how to support.
The US Gov't is us.. Perhaps Google should start their own political party? Republicans, Democrats, Libertarians, Google Party.. if they have the right answers, I would vote for them..
Have you fscked your local propeller head today?
In the 80's people would say "no one ever got fired for going with AT&T"
In the 90's people would say "no one ever got fired for going with Microsoft"
Anyone who has floated to the upper echelons of the DOI more likely got there by playing it safe, not rocking the boat and schmoozing the in-crowd - not by being smart - so while Google's technical arguments may be correct they don't fit the prevailing "cover your ass" mentality.
Here's hoping the law suit rips the DOI a new paradigm.
To sell a product to the government that has a specification assigned to it a company needs to get their product on the QPL (Qualified Products List). This normally takes a couple of years as the test labs run established tests on the candidate product. This cannot be rushed. A lawsuit will only piss off, or amuse, the testers who may decide to take their time running tests when the system finally has been followed. I have been through this getting a specialized lubricant on the QPL. The tester did not like the owner of our company and told me, in a low voice, that "your product is good and will be approved, in due time" It took a total of two years. One CANNOT force the damn US government bureaucratic system to jump when asked to do so!
Every agency of the United Stated of America Federal Governmnet has the perogorative to ignore:
1. Any Federal Law
2. Any State Law
3. Any Local Law
4. Internation Law do not apply by nature of there Extra-governmental (U.S.A.) origin.
That said, M$ has for many year enjoyed "Sweet Heart" Deals from the Federal Governmnet.
Looks like in this case, Google is not a "Sweet Heart" of the Federal Government of United States of America.
LOL
The government is allowed to set any type of requirement constraints they wish in order to ensure that the final solution integrates with an existing system, meets specific security requirements (i.e. FIPS 140-2 encryption as someone already stated), etc. This is only for an RFQ anyway so the final solution is still yet to be determined but as long as a suggested solution satisfies their specific constraints and the other requirements and comes in under budget then any company can qualify. It isn't the government's problem that their constraints may disqualify Google. They probably disqualify a lot of other companies/products too. That's the nature of the beast.
this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
Free software is not FIPS certified, and is not going to get certified as free software because no one will pay for certification. Redhat is certified for some versions. CentOS is not.
It may drive everyone up the wall to use Serina, instead of subversion, for content management - but one is certified & the other is not.
Ditto Putty. I'd love to use it, and know some people in the government who do ... But their asses will out the door really fast if it becomes convenient for someone to find out.
It's not worth my job to use Putty, even if it is a "better" product than SSH/Tectia. Read the Putty FAQ on FIPS certification, it's informative & written by people much smarter than me.
So isnt it cheaper to use an $8 USB stick, with software based FIPS140 via BitLocker?
Also "FIPS 140-2 Level 2 Certified USB Memory Stick Cracked"
http://www.schneier.com/blog/archives/2010/01/fips_140-2_leve.html
Liberty freedom are no1, not dicks in suits.
Free software is not FIPS certified, and is not going to get certified as free software because no one will pay for certification.
Actually, Free Software has been in the past, and could be again, if a few more vendors who would make money from FIPS-certified Free software would sign on as additional co-sponsor (one or two vendors more may be enough).
It may drive everyone up the wall to use Serina, instead of subversion, for content management - but one is certified & the other is not.
But, subversion doesn't implement encryption directly itself, if it were using OpenSSL with the FIPS module above, AFAIK, it could be shown to be FIPS compliant.
Ditto Putty. I'd love to use it,
Putty is crap, it's only real benefit is providing a terminal emulator because Microsoft can't be bothered to supply one with their OS which is convenient to use (why else would putty ship with telnet support ...). If there was a decent terminal emulator, just Mingw binaries for OpenSSH would probably be much more pupular ... and those would have a chance at FIPS compliance (there are some patches around for OpenSSH FIPS compliance).
And if your goal is GoogleDocs over MS Office you can list about a thousand things that Google Docs does that MS Office doesn't.
Probably an easy 90% are features that aren't used.
I just upgraded to Office 7 at work, and I absolutely HATE IT. I have been using office for years, and it's ok up to the ribbon interface. Yes, Google has some issues, but it's at least intuitive. I can't wait till my 79 year old dad tries to use office 7, and I have to migrate him to Open office. Microsoft, you totally blew it.
Up here in Quebec we do things differently, we award the contract to a company of our choosing while denying the others an opportunity to bid. We then pass a law saying that doing that is just peachy.
~Syberz
alphatel (1450715) SAYS: "It's one of those bureaucratic loopholes. Without the GSA schedule and number, you can be dismissed from any offering regardless of how much time you put in. Did they really have one? Almost seems like a bad oversight"
.. and the DOI's "Limited Source Justification" constitutes a sole-source procurement that is arbitrary and capricious, an abuse of discretion, and otherwise contrary to law."
.. Google then contacted the DOI's National Business Center's Chief Contracting Officer, Ms. Debra Glass, by sending her a formal letter of interest on May 17, 2010. That letter expressed Google's keen interest in competing for DOI's Messing solution .. On May 27, 2010, Ms Glass sent Google a letter that did not respond to or reference Google's May 17 letter, but instead requested that Google respond to fifteen broadly-worded requirements to "enhance" the DOI's market research" link
Do you have any verifiable citations for the above BS ?
--
"the RFQ specified that only the Microsoft Business Productivity Online Suite-Federal ("BPOS-Federal") could be proposed. DOI's restrictive specification was based upon a "Limited Source Justification" excuted by DOI's Director, Office of Acquisition and Property Management, on August 30, 2010. Plaintiffs protest DOI's specification of the Microsoft BPOS-Federal solution on the grounds that such specification is unduly restrictive of competition in violation of the Competition in Contracting Act
Discussions Prior to DOI's Issuance of the RFQ
"In June 2009, Google representatives met with the DOI Chief Technology Officer ("CTO")
They should be taken to court, they themselves have broken their own rules in having a fair and just way of getting bids on contracts, and they not only should pay damages, but we should also open all the books to see how many times this happened in the past, and
make a precedent with it. Can you imagine if google won ( i really hope they do ), not only would they go up in shares again, but also would be able to next time make a claim that because of the previous rigging of the fair contract dealings, that they were owed the next one....and guess what, once they show off and get their good products in there, and get all the people used to their products , it will be the black man of that industry, once you go google, you never go back....or something like that.
I also think if less people in position of power were actually the ones to control these things instead of a separate committee that was more unbiased and had no means of being bought off, they could actually avoid these situations.
Microsoft was willing to share their source code. Apparently Google was not. I back the government getting a copy of the source code for bug fixes, etc.
Your ad here. Ask me how!
Google's been pitching their solutions at us too. We're looking at a multi-million dollar contract for a messaging/collaboration change.
We're fine with Google's application suite--it has great cross-platform functionality. The kicker is still data in Google's cloud. If they'd let us put a cluster on-site we could do it, but due to data protection requirements, we're not willing to house it off-site (even though their security protections may be better than ours). If they'd just get over the do it in our cloud thing, we might get somewhere with it.
We already have issues with them in other collaboration projects using cloud storage. We have a mandated requirement to identify locations where data is stored. We simply need to list the locations data is or can be housed, but they won't give data center addresses. We don't care where it is, but our contracts require the locations to be on file.