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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.'"

44 of 407 comments (clear)

  1. Smart Move? by alphatel · · Score: 3, Informative

    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.
    1. Re:Smart Move? by Pojut · · Score: 3, Interesting

      Government contract work is INSANE. One of my wife's relatives works in the field (writing up contracts between the US government and other companies), and based on the little I've talked to him about it, it sounds crazy complicated. I'd rather learn about the tax code instead of government contracts.

    2. Re:Smart Move? by jlechem · · Score: 4, Informative

      Verbal contracts are all well and good but unless they have a DUNS and register with the CCR, and use those to get on the schedule the DoD can pretty much give them the finger and they have no recourse. Sounds like someone at Google didn't do their homework on getting DoD jobs.

      --
      Hold up, wait a minute, let me put some pimpin in it
    3. Re:Smart Move? by WrongSizeGlass · · Score: 3, Funny

      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.

      If they had been using their "magic wifi gathering devices" they surely could have picked one up somewhere.

    4. Re:Smart Move? by bytestorm · · Score: 5, Informative

      A plaintiff company Onix apparently does have a GSA Schedule 70 and provides solutions based on google docs. Since they (google) are not providing the service directly, however, they shouldn't need one. According to the complaint, the companies have been courting this since june 2009, so there was plenty of time to get one if they needed it. The deal is that when the RFQ went out, it was specifically worded such that google docs were not a usable cloud platform, even though google docs is FISMA certified, which was the DOI's primary complaint to them in the first place (or so they claim in the filing).

    5. Re:Smart Move? by h4rr4r · · Score: 3, Insightful

      unified/consolidated email
      Lots of ways to do that

      enhanced security."
      This clearly indicates bribery, no one hears "Microsoft" and thinks enhanced security.

    6. Re:Smart Move? by Zocalo · · Score: 5, Informative

      No kidding. I'm currently working on part of the delivery of a $1b+ tender where a dimension is specified to not exceed a given length to an accuracy of 0.5mm. This is on a device that is over 5 meters in length. Gaming the list of potential bidders/suppliers? That would be unethical, and also illegal in many jurisdictions. Stating your requirements with a high degree of precision? Nothing wrong with that!

      People who write these kinds of things are well aware of what they can and can't do or say and still have no problems in making sure that their preferred supplier wins the contract without breaching the letter of the law. The spirit of the law, on the other hand, was declared dead a long time ago.

      --
      UNIX? They're not even circumcised! Savages!
    7. Re:Smart Move? by metamatic · · Score: 3, Informative

      This clearly indicates bribery, no one hears "Microsoft" and thinks enhanced security.

      Does Google's professional mail solution support S/MIME? Gmail doesn't, and it's a gaping hole in their messaging offering when compared to pretty much any popular messaging application on the market.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    8. Re:Smart Move? by camperslo · · Score: 3, Funny

      It's pathetic to behold, and a wonder we still have a nation at all.

      Actually a major portion of the Earth was destroyed some time ago and you've all been plugged into simulations coming from the international space station and the moon. You're not actually awake, but are plugged into an interface. Due to a writers' strike and shortages of tantalum and thorium, you may vanish from the simulation at any time. My condolences.

    9. Re:Smart Move? by erroneus · · Score: 3, Interesting

      You would be correct in that assumption. The very existence of AMD in its present *Intel Competitor* form was born of the requirement of the government to be able to select among at least two providers. At the moment, there isn't a *Windows competitor" in the sense that it is compatible... there was, but OS/2 was killed through underhanded bundling deals and the like.

      It is beyond time that the government is called to task on the way it follows its own rules.

    10. Re:Smart Move? by the_womble · · Score: 4, Funny

      I don't particularly like Google as a company.

      Compared to Microsoft!

    11. Re:Smart Move? by imlepid · · Score: 5, Insightful

      This clearly indicates bribery, no one hears "Microsoft" and thinks enhanced security.

      Does Google's professional mail solution support S/MIME? Gmail doesn't, and it's a gaping hole in their messaging offering when compared to pretty much any popular messaging application on the market.

      Disclaimer: I work for USGS/DOI.

      Yes, that amongst other things. One big aspect of any federal government purchase is the requirement of encryption, and not just any encryption, but FIPS 140-2 compliant encryption systems. As far as I know, Gmail does not support that, while Exchange does.

      What's more, about 1/2 the DOI has an MS Exchange-based email system, while the other have (at least the few bureaus that I know of) use a Lotus Notes-based system. So, the idea with this transition is to merge into one solution with the assumption it will be cheaper. (Will it be cheaper? Who knows...)

      From what I understand, the Networx transition in DOI underwent a similar problem where the contract was awarded to the incumbent (Verizon) and this resulted in protests.

      Overall I like FIPS 140-2 because it means I'm less likely to be sold a snake-oil security product, although it drives up costs inordinately. One example: I just purchased 5 2GB USB drives, for $250. The FIPS compliant price $50/unit where an off-the-shelf USB drive costs ~$8.

      All things told, I would love to have a Gmail solution, but until they get FIPS 140-2 compliance, I'm stuck with MS Exchange...sad though it may be.

    12. Re:Smart Move? by trout007 · · Score: 3, Informative

      Usually the Measurement equipment is calibrated at 20C and that is what a standard note on the drawing would call out. If it was a steel part the CTE is around 18 micrometer per (meter C). So for a 5 m part for every degree C you would have .09 mm change in length. I am a mechanical engineer and sometimes you forget to check the tolerance on every dimension and the CAD standard applies. The problem with working for the government is the bid is based on the RFQ. In the real world the shop can call the engineer and ask if they really needed it that tight and usually it was something that was missed.

      --
      I love Jesus, except for his foreign policy.
    13. Re:Smart Move? by bmo · · Score: 5, Insightful

      Actual machinist/toolmaker here:

      "Ordinary machining techniques are good down to 0.1%"

      *a dark cloud appears above my head* I'll try to bite my lip and be civil about this. .1% for a 25.4mm part is .0254mm, (1 inch, and .001 inch respectively, for SAE). Charles Babbage was able to meet that tolerance with the tools of the time - the builders of the modern Difference Engine empirically found they could indeed do so. When the Difference Engine was built using his old plans, they decided to take on the argument that Babbage couldn't possibly build his Difference Engine due to lack of technology. They found that argument to be bogus. Depending on what you're doing, that kind of tolerance these days may as well be plus or minus a mile, especially if you're sending something to be ground. With superfinishing (Supfina Inc., North Kingstown RI (my childhood hometown)) you're looking at microns or smaller.

      Affordable glass scales and ballscrew retrofits have even made manual machining a lot more accurate. Drill 2 holes 500mm apart plus or minus .02 mm? All I've got is a rebuilt Bridgeport with glass scales? I've got AC that doesn't blow directly on the machine tool and shrink one side of it? NO PROBLEM.

      Am I insulted? Yeah, a little bit. Bring coffee into the shop next time. Thanks.

      --
      BMO

      l Postscript: Yesterday's thread about math made me angry, but since it was mobbed I didn't bother contributing. But I have to say this, yeah sure a lot of people go through their lives with just arithmetic, percentages, and a rough idea of area and volume. But if you want to build anything *interesting,* you'd better have paid attention to your geometry, trig, and calc teachers. Yeah, sure, computers do a lot of the bull-work calculation, but it's a good idea to have a good idea.

    14. Re:Smart Move? by dondelelcaro · · Score: 4, Informative

      Gmail doesn't [support S/MIME], and it's a gaping hole in their messaging offering when compared to pretty much any popular messaging application on the market.

      There are various client-side plugins which support S/MIME for Gmail (which is actually the right place to do it). See Gmail S/MIME and other similar plugins.

      --
      http://www.donarmstrong.com
    15. Re:Smart Move? by Fnord666 · · Score: 3, Insightful

      All things told, I would love to have a Gmail solution, but until they get FIPS 140-2 compliance, I'm stuck with MS Exchange...sad though it may be.

      If you are waiting for gmail to support any sort of encryption, don't hold your breath. Google has a very vested interest in being able to scan and catalog every single piece of mail that flows through their system. Never forget why gmail was created. Google doesn't do it to be a good netizen. In the end it's all about money, and having email traffic that they cannot read doesn't make them any.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  2. Eheh by SmallFurryCreature · · Score: 5, Insightful

    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.

    1. Re:Eheh by rabbit994 · · Score: 5, Insightful

      It's an open bid as in, anyone can offer a solution, it just must be Exchange based.

    2. Re:Eheh by nschubach · · Score: 3, Insightful

      To take his car analogy to the next level... it's like the government putting out a req. for cars using only Ford Engines.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    3. Re:Eheh by Capt.DrumkenBum · · Score: 3, Insightful

      In my experience Exchange is not the solution to anything.

      --
      If I were God, wouldn't I protect my churches from acts of me?
    4. Re:Eheh by rabbit994 · · Score: 3, Insightful

      While you see evil conspiracy here, it's like putting out a bid requiring cars with only Ford Engines, because all your mechanics are Ford Mechanics and you don't want to hire GM Mechanics simply for one set of cars. My guess is they are primarily a Windows shop so by going with Exchange, they don't need to hire new "mechanics".

    5. Re:Eheh by h4rr4r · · Score: 4, Insightful

      Considering this is hosted mail, they have no "mechanics" for it.

    6. Re:Eheh by h4rr4r · · Score: 4, Informative

      You left out a lot:
      Zimbra
      Zafara
      OpenXchange(that one I know sucks)
      Scalix
      the list goes on and on.

    7. Re:Eheh by mdm-adph · · Score: 3, Interesting

      Google Apps may not work in their environment? So, they don't have web browsers?

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    8. Re:Eheh by fishbowl · · Score: 3, Informative

      I was very surprised, though, to see that once they started using it, some of the people who had been the most doubtful, became the biggest advocates of the Gmail way. It's dramatic enough that if we wanted to go back to Exchange or Outlook or Entourage, there would be blood, and the execs, not IT, would be the ones protesting the loudest.

      Once you do an honest cost/benefit analysis of (paid-for, corporate) Google mail, it's not a hard sell at all. The problem, if it is one, is persuading decision makers to actually be honest and disinterested in their analysis. That's often much, much more difficult than it should be.

      --
      -fb Everything not expressly forbidden is now mandatory.
  3. Yes, the Dept. of Interior is corrupt by rsborg · · Score: 5, Interesting

    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
    1. Re:Yes, the Dept. of Interior is corrupt by Wyatt+Earp · · Score: 5, Informative

      They were corrupt under Reagan, Bush and Clinton too.

      http://en.wikipedia.org/wiki/Cobell_v._Kempthorne for one.

    2. Re:Yes, the Dept. of Interior is corrupt by Pharmboy · · Score: 4, Insightful

      All bureaucracies are inherently corrupt, which is why you need regular change. A bureaucrat's first and primary goal is to keep their job and benefits. There is no requirement or reward to be efficient, effective, considerate or frugal. After all, it isn't their money they are spending.

      --
      Tequila: It's not just for breakfast anymore!
    3. Re:Yes, the Dept. of Interior is corrupt by frank_adrian314159 · · Score: 3, Insightful

      And before that, they were tasked primarily with exploitation (rather than a mix of exploitation and protection) of resources, so there was really no question of any sort of bribery or corruption, unless you counted your Uncle Willy giving you preferential hiring as a park ranger because you were a good party member and his nephew. If you were an industry back then, you just signed a lease at the going price (which was even more ridiculously small than today's lease prices), and you got what was on/under the land.

      --
      That is all.
  4. Re:How is this any different by canajin56 · · Score: 4, Funny

    It's not at all the same. In a no-bid contract, they just award the contract to Microsoft. Here they had a bid! It's just that one of the requirements is that the bidder be Microsoft! TOTALLY DIFFERENT.

    --
    ASCII stupid question, get a stupid ANSI
  5. The Most Corrupt Department by Doc+Ruby · · Score: 5, Interesting

    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

    1. Re:The Most Corrupt Department by Doc+Ruby · · Score: 3, Interesting

      All of Utah's territory was taken from the nations who lived there before, largely by the Federal government. So Utahans' claim to the land isn't really compelling.

      Besides, that Federal land is given to Utah corporations for free or cheap ranching and mining/drilling, without paying taxes on owning it.

      Corrupt is in the eye of the one paying the bill. Since I pay for Utah to get back 7% more than it pays (and as much as 45% more, in 1987) from Federal spending in the state, as my state loses 21% net, I can see where the real corruption lands.

      --

      --
      make install -not war

  6. Video of how it works by Myopic · · Score: 4, Informative

    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.

    1. Re:Video of how it works by Myopic · · Score: 5, Funny

      Sonofabitchwrongarticlesorryguys.

  7. Re:Isn't that illegal? by MrEricSir · · Score: 5, Funny

    This is what happens when you have a monopoly like the Department of the Interior. I think it's about time one of us started a department to compete with them and keep them honest.

    --
    There's no -1 for "I don't get it."
  8. Re:Why put out a request... by joeytmann · · Score: 3, Insightful

    There are a lot of consulting firms out there that provide MS only solutions, which is what the DOI is asking for, not that MS being the implementors of said solution.

    --
    Insert funny smart-ass comment here.
  9. Good! by OhHellWithIt · · Score: 4, Interesting

    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
  10. Re:How is this any different by clone53421 · · Score: 3, Informative

    They aren’t restricting the bidding to only Microsoft... third-party contractors could bid on it as long as they were going to use Microsoft’s products.

    Basically, they’re trying to avoid taking the low bid and then at the end of the contract finding out that all of the workstations are running some free flavour of Linux that isn’t supported and none of their employees know how to use. It’s reasonable from that perspective, although cutting Google out of the mix probably still wasn’t really the smartest move.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  11. Re:How is this any different by Eggplant62 · · Score: 3, Insightful

    Which certainly isn't considering all options. A Microsoft only option leaves out a huge portion of the market that might be able to come up with a cost savings and a more secure solution using a free software infrastructure. How is it good for the economy and the U.S. as a nation sticking with a single vendor?

  12. Re:Isn't that illegal? by afidel · · Score: 4, Informative

    It depends. A perfectly reasonable RFP could include things that only lead to one technology being considered. For instance I have a VMWare cluster that uses Intel 5500 and 5600 CPU's, if I needed additional capacity without impacting my existing cluster I could write and RFP that stated that Intel 5500 and above parts which work with VMWare EVC (function masking) with my existing cluster be used. This would specify that Intel CPU's be used but would allow bidding from Dell, HP, Cisco, IBM, and Oracle and their resellers. I see nothing fundamentally wrong with such an RFP, but then I work in the private sector where picking the best technology for our needs is not only legal but often mandatory.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  13. Did anyone actually read the complaint? by Charliemopps · · Score: 4, Interesting

    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.

  14. Re:How is this any different by LordLimecat · · Score: 4, Insightful

    Then set as one of your bidding requirements that A) no retraining be needed (outlook interfaces with google apps....) or B) retraining be included. Let the vendor find a solution to your problems; dont simply say "there is no solution and we dont want you to get into a bidding war".

  15. Rampant ignorance on Google's part by kenh · · Score: 5, Insightful

    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
  16. RFP, RFQ and Public Aquisitions by spopepro · · Score: 4, Informative
    I was starting to reply to a bunch of comments, but figured I'd just start anew since the misunderstandings are widespread. It seems like very few here have experience with public sector RFPs and RFQs. Even if you worked for a company that has submitted responses I wouldn't be surprised if you got it wrong. We (school district) just canceled because all 10 vendors were non-responsive by not reading and answering the requirements.

    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.