Marcus Childress Comments on Amazon JEDI Contract Case Ruling in Bloomberg Law

"Amazon Didn't Waive Trump Bias Claim in $10B JEDI Contract Case"

Bloomberg Law

04.30.2021

Marcus Childress, Senior Associate at Miller & Chevalier Chartered, commented on the U.S. Court of Federal Claims ruling that Microsoft Corp. and the Justice Department were unable to show that Amazon waived its bias claim against former President Donald Trump, accusing him of improperly using political pressure to influence the award of the $10 billion JEDI cloud contract. In September 2020, Microsoft and the government together claimed Amazon waived the claim by not challenging the Department of Defense's re-evaluation process before selecting Microsoft a second time, but they failed to demonstrate waiver under a U.S. Court of Appeals for the Federal Circuit ruling issued in 2007, Blue & Gold Fleet LP v. United States. "Blue & Gold prevents parties from challenging solicitation terms after the bidding process. Here, Amazon argued that the execution of the corrective action was biased, which is different than challenging the terms," Childress said, adding that this is a reasonable distinction for Amazon to make and for the court to adopt.