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Google sues U.S. government over hosted e-mail bid against Microsoft

By | November 1, 2010, 12:38pm PDT

Google is suing the U.S. Department of the Interior (DOI) over a bid for a new hosted e-mail system which Google claims unfairly benefits Microsoft.

The suit, filed in the U.S. Court of Federal Claims on October 29, calls out the DOI for not considering Google Apps in its Request for Quotation (RFQ). The DOI RFQ specified that the DOI was looking for a new, unified e-mail, calendaring and collaboration solution, but limited the acceptable options to Microsoft’s Business Productivity Online Suite (BPOS) Federal suite only. The contract is worth $49.3 million over five years.

Google is making the argument that this is “unduly restrictive of competition,” noted TechDirt, which has a copy of the 37-page complaint embedded on its Web site.

According to the complaint, the DOJ specified that it needed a private-cloud solution for security reasons. BPOS Federal is a dedicated, locked-down version of BPOS that is basically like a privately hosted version of Microsoft’s Exchange Online, SharePoint Online, Communications Online and Live Meeting. Google Apps for Government is a multi-tenant hosted solution.

The DOI justified its restriction of acceptable products to Microsoft because of Microsoft’s unified/consolidated e-mail and enhanced security features. (It sounds like the DOI also was seeking FISMA certification for the solution, which is something Microsoft is promising for BPOS but isn’t likely to deliver until some time in 2011 with its Office 365 BPOS successor.)

Google has complained before about being barred from bidding on a government contract against Microsoft. Google complained earlier this year that the state of California blocked the company from being considered in an e-mail system bid. The State ended up awarding the contract to Microsoft and its partner CSC despite Google’s objections, and claimed Google was unable to meet its requirements.

I’ve asked Microsoft for comment on Google’s DOI suit. No word back so far….

Related Reading:

Google: Bidding process for California’s e-mail contract was designed for Microsoft win

The Inbox War: For Google, Microsoft, the battlegrounds are comfort zones and costs

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Topics

Security, Google Inc., Business Productivity, Microsoft Corp., U.S. Government, U.S. Department Of Justice, Business Productivity Online Suite Federal, E-mail, Strategic Planning, Collaboration, Online Communications, Strategy, Management, Mary Jo Foley

Mary Jo has covered the tech industry for more than 25 years for a variety of publications and Web sites, and is a frequent guest on radio, TV and podcasts, speaking about all things Microsoft-related. She is the author of Microsoft 2.0: How Microsoft plans to stay relevant in the post-Gates era (John Wiley & Sons, 2008).

Disclosure

Mary-Jo Foley

Freelance journalist/blogger Mary Jo Foley has nothing to disclose. WYSIWYG (what you see is what you get). I do not own Microsoft stock or stock in any of its partners or competitors. I have no business ventures that are sponsored by/funded by Microsoft or any of its partners or competitors.

Biography

Mary-Jo Foley

Mary Jo Foley has covered the tech industry for 25 years for a variety of publications, including ZDNet, eWeek and Baseline. She has kept close tabs on Microsoft strategy, products and technologies for the past 10 years. In the late 1990s, she penned the award-winning "At The Evil Empire" column for ZDNet, and more recently the Microsoft Watch blog for Ziff Davis.

Got a tip? Send her an email with your rants, rumors, tips and tattles. Confidentiality guaranteed.

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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
makrekwe78-24353639853672037959604418643908 10th Nov
ycwhlq,good post!
View in thread
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I can just imagine
Dietrich T. Schmitz, ~ Your Linux Advocate 1st Nov 2010
the bidding process software feature requirements are 'ridiculously' skewed in favor of Microsoft.

That will be the basis of Google's complaint.
The playing field is NOT level.
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skewed because they define Office workflow?
liquidboy 1st Nov 2010
What are you on about, MS have a product that has a gazillion features that users are use to. Goverments and companies want products that meet the needs of there workers. And there workers are use to Office features. If google can't deliver office features then they loose out when due dilligence is carried out! Is Google complaining that due dilligence has not been carried out or that the governments are asking for features that there workers are use to having because of there use of office!!

'Ridiculously skewed' is a stupid thing to say without context!
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I just got sued by KIA
LBiege Updated - 1st Nov 2010
... b/c I skewed by wish-list for more horse power that only BMW can provide to leave KIA out on cold. Boy, how unfair I have been!! I'm so ashaned of myself.

Seriously someone gives Google a few Halloween leftover candies please. The baby is crying everyone a river.
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RE:skewed because they define Office workflow?
richdave 1st Nov 2010
@liquidboy >>>the state of California blocked the company from being considered in an e-mail system bid but limited the acceptable options to Microsoft?s Business Productivity Online Suite (BPOS) Federal suite only.
It's not a question of the product or the products features. It's a question of being barred from the competition. Google wasn't allowed to submit a bid in either case. Not being allowed to present their product is very much not the same thing as losing because their product didn't measure up! I think you are arguing the wrong point. Sure, you might like Microsoft products, and it sounds like you are very proud of them. But, you didn't invent them, you just bought them. Any idiot can do that!
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
archangel9999 Updated - 1st Nov 2010
@richdave "...It's not a question of the product or the products features. It's a question of being barred from the competition. Google wasn't allowed to submit a bid in either case..."

Of course it's about the product and product features. Do you look at all the 24" TVs when you're really looking for a 55" set? If so, you must waste a lot of time.

Nothing in any bidding process requires that everybody and anybody gets to propose their product - you have to have a conforming product and the organization that puts out the bid request gets to specify what's supporting.

If you don't have a conforming product - tough.

Schwin doesn't get to propose a fleet of bicycles for the Army's next RFP for tanks just because that's all they make.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
IrishGT@... 1st Nov 2010
@liquidboy
FYI...The DoI didn't even review Google Apps according to the official lawsuit. That right there is anti-competitive. That on top of Google Apps already having passed the U.S. Federal Information Security Management Act (FISMA) screening and is FISMA certified yet BPOS-Federal isn't certified by the US Gov and neither is BPOS-Standard....and don't forget that Microsofts BPOS systems had a HUGE data loss to ALL users back in Aug and Sept yet Google Apps has never lost a single bit of data or had a security break.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
fastoy 1st Nov 2010
@liquidboy

I hope they have a grammar checker.
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Can Google meet the bid specs?
brambeus 1st Nov 2010
@liquidboy 2 comments. (a) Irrespective of whether the employees like something or not, all the desired features must be included in the bid specs. If Google can meet those specs, it should be able to bid. If Google can demonstrate that DOI wrote the specs so that only MS can meet them, then Google may have legal recourse to do something about that. (b) Since this page does not have spell check, you might think about writing your posts in a word processing program, spell checking them, then cutting and pasting them here as your posts.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
geotopia@... 2nd Nov 2010
@liquidboy "have a product that has a gazillion features that users are use to"

Exactly, a fully bloated productivity suite that threatens the security of the nation. I think more than just Google has legal standing, I'm thinking a class action suit where every citizen and resident join the class because our interests are at risk, at peril with DOI or any essential government agency sticking with the buggy bloatware that MS peddles.
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What is "loose out"?
BubbaJones_ 2nd Nov 2010
@liquidboy
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
The Danger is Microsoft 2nd Nov 2010
@liquidboy - Don't know if this has been said but as a Goverment Procurement guy I know of what I write and speak. MS products are the be all and end all. The US Government gave all their power over to third parties. Right now, MS is it. Apple may supplant MS if they can prove certain security provisions. While the Apple OS is more secure MS has granted certain 'private' code that makes the government feel better....even if it's not certified that way it used to be.

Frankly, I am afraid....very afraid that the US GMOC will fall.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
kirovs@... 2nd Nov 2010
@liquidboy
There is nothing worse than Outlook. It is my most hated application I need to work with. Counterintuitive, Calendar is deeply broken, unbearably slow, no tabs for mail.
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A good comparison would be employers using selection criteria...
kaninelupus 3rd Nov 2010
@liquidboy

To ensure candidates have the required skills and certifications for the position/s advertised. Do those that do not meet the specified criteria have the right to moan about how they didn't get the chance to interview for the role anyway?? Of course not!

The DOI had a specific list of requirements and Google was unable to meet those. Simple.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
Stan57 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate
Its not level because they cant provide the features the goverment wants?? HAHAHAHAHAHA.
Google could provide what the government wants but there not willing to pay any license/patent fees to thoses who own them. Google could always go out and buy a corporation that has the correct license/patents just like they bough the company that really made Android.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
Scubajrr Updated - 1st Nov 2010
@Stan57 Here's one, Be able to SORT your in-box. Not SEARCH, SORT.
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gmail? you've got to be joking
hubivedder 1st Nov 2010
@Stan57 Here Mr Government - we know best and how about some BUZZ with that? Oh yeah and we'll mine the heck out of the content too to sell to advertisers
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First issue. Read the complaint. Then understand.
Dietrich T. Schmitz, ~ Your Linux Advocate Updated - 1st Nov 2010
@Stan57
DOI sidestepped a crucial requirements gathering step on the messaging piece.

It wasn't accidental. It was intentional.
This will be the basis for Google being rewarded an injunction to stay the bid acceptance process until their case is heard in its entirety and a judgement is made for or against Google.

Clearly, The rfq process was 'rigged'.

My money is on Google.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill 1st Nov 2010
@Stan57 It's very possible that the bid writers have no real idea what they want or need and were told by a salesman what to put in their specs. Happens all the time, especially with government bids. Government could specify that the product have the Microsoft logo all over it, but that's restrictive specification.
The bid laws are there to promote competition and to give smaller, lesser known but qualified companies a shot at a large contract. If their bid doesn't meet specs at the opening, that's where it can be rejected, not in the spec writing process.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
A.Sinic 2nd Nov 2010
@Stan57
Google say that "DOJ specified that it needed a private-cloud solution for security reasons". Seems pretty simple then. Offer a private cloud solution and you might be considered.

MS has enough experience with real enterprise that they anticipated this type of requirement, built the necessary software, and have partners who can deliver it using their technology.

If Google want to play this game, they have to deliver what the customer wants, not expect the customer to adjust requirements to Google's products. Tough, but thats business.
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Of course your money's on Google, DTS
John Zern 2nd Nov 2010
people like you let your allegiances lead you to make foolish choices.

Something tells me that Googles's latest actions to force their way onto the public will backfire in court.

I guess Google's miffed that they can't buy their way into every political process.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
The Danger is Microsoft 2nd Nov 2010
@Stan57 - Do any of you know anything other than HATE??????
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Brand is not the same as Feature
JoeBob_z 2nd Nov 2010
@Stan57 - Specifying specific software is not the same as specific software features. And it takes a behemoth like Google to be able to stand up to these fixed bidding procedures. In my experience, specs this limited are usually done as CYAs, not because there's anything special about the product (nobody ever got fired for buying Microsoft). There may be a small company who could provide every single spec the government wants (except for the MS sticker on the box), but can't afford to fight this. Google is actually helping every medium and small company out there.

A few years back why my plant wanted to connect with the corporate WAN, we were told we had to buy a specific software/hardware firewall package. This was a product designed for a monster enterprise installation, but we were a small location (100 users) and this thing cost more than my ENTIRE YEAR'S budget!

Luckily, we had been on our own for a number of years before this, and were seen as the "technology leader" in our division, so I was able to pry a list of requirements based on features/performance from them, not just actual branded products. I went to one of my vendors, and he was able to put together a package and pitched it to corporate, who accepted. Final tally: less then 5 grand.

AFTER it was installed and working, I told corporate IT what we spent. Guess who changed their procedure for spec'ing purchases after that.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
MLHACK 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate

Sounds like a case of i am taking my ball and going home to tell my mommy syndrome.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
ItsTheBottomLine 1st Nov 2010
@MLHACK Exactly. I also love this statement: "It wasn't accidental. It was intentional." Wow he was there when the wrote it up and knows that - impressive.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
windozefreak 1st Nov 2010
@MLHACK
DTS, I' double any money you put on google. bet the suit is thrown out! I'll bet tripple that google cannot meet the requirements of DOI>
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You knuckle heads need to read the complaint
Dietrich T. Schmitz, ~ Your Linux Advocate 2nd Nov 2010
@MLHACK

nt
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
mikefarinha 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate

One of the requirements that is required by government agencies is that the provider has to be able to ensure all content and inter-server communication is hosted inside the USA due to eDiscovery & other legal requirements.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
gardoglee 1st Nov 2010
@mikefarinha
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It is perfectly valid to require that inter-server communication be hosteca
gardoglee 1st Nov 2010
@mikefarinha
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
IrishGT@... 1st Nov 2010
@mikefarinha

And what was your point? Google already proved that they passed that requirement by getting Google Apps FISMA certified yet Microsoft's BPOS-Federal and BPOS-Standard are NOT FISMA certified...hence MS isn't even eligible for this contract per their owns rules.
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Of course it isn't level: Level indicates that
John Zern 1st Nov 2010
Google and MS are on par with each other software wise.
Obviouslly, Google isn't, so if they can't deliver what the Gov needs, then why waste the money considering them.

I think it's unfair that my neighbor wasn't considered for the big highway job because he owns a fleet of 10 small pickup trucks: The contract requires Class 8 trucks or above!! so unfair!
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
IrishGT@... 1st Nov 2010
@John Zern

Google is already certified for Government standards BY the US Gov when it earned FISMA certification...something MS BPOS hasn't passed at all...
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But it's not about FISMA, is it?
John Zern 1st Nov 2010
Maybe it also has to do with capabilities?
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It has to do with being denied access to the bidding process
Dietrich T. Schmitz, ~ Your Linux Advocate 2nd Nov 2010
@John Zern
DOI intentionally limited Google from submitting a bid and preemptively stated they were going with MS.

Read the complaint.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill Updated - 1st Nov 2010
@John Zern If your neighbor can convince the agency that they can perform the work, the agency doesn't care what equipment they own. It'll be covered by the performance bond. If your neighbor wants to lease the equipment, or take a loan to buy it, it doesn't matter. If they can do the job with a lawn tractor, it doesn't matter. If they bid, are awarded the contract, are licensed to do the work, fill the requirements of the contract, All is good, they've earned their money.
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That would be fine ..
thx-1138_@... 1st Nov 2010
@John Zern .. except for one thing: *who* decided the specs - and what due diligence were those req' specs based upon to begin with??

"..Obviouslly, Google isn't, so if they can't deliver what the Gov needs, then why waste the money considering them."

Get some remedial reading .. it's already been clarified Google didn't get past first base in the tendering process .. h3ck! they didn't get into the ballpark! You would have a point if there was a comparative analysis done on the available alternatives at the time, but in no way did that even occur.

"...I think it's unfair that my neighbor wasn't considered for the big highway job because he owns a fleet of 10 small pickup trucks: The contract requires Class 8 trucks or above!! so unfair! "

Wrong comparison. Why? Your hypothetical trucking firm will almost certainly know all they need to know about trucking technology, standards and performance *prior* to tendering a line-hauling contract. That is in *no way* analogous to a bunch of paper pushing, ignorant, teetotalers on Capitol Hill picking a dedicated email hosting service to meet their broad WAN expectations. Jeepers! Most these mugs wouldn't know an email hosting service from viagra spam (sic) ...

There's another thing most here have overlooked, and that's the distinct possibility the DOI weren't already in the pocket prior to this whole, sorry gawd awful mess.
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Try reading the complaint. Then understand.
Dietrich T. Schmitz, ~ Your Linux Advocate 2nd Nov 2010
@John Zern
You are missing the point. But then, that doesn't surprise me.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
kirovs@... 2nd Nov 2010
@John Zern
If they did not evaluate your neighbors bid that means they violated the law. If they did a fair evaluation and decided to go with someone else- this is OK. But they didn't, did they?
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
ItsTheBottomLine Updated - 1st Nov 2010
@Dietrich T. Schmitz, Not a Linux Advocate

What - Google Docs and features are far lacking compared to MS Office and Open Office for that matter. They are as basic as they get. They are starting to sound like - spoiled brats.

Oh and yes we use both here...Google rarely because it is so basic, but it does fill a nice niche - collaborative. Is it a replacement for a full featured Office Suite - not even close.
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If Google didn't meet the requirements, why ask them to bid...?
Stark_Industries Updated - 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate
The DOJ wanted a secure, private cloud solution. The Google solution is multi tenant only. Google therefore don't meet the requirements. So why waste everyone's time?

I wouldn't test drive a BMW when shopping for a minivan. I also wouldn't expect to get sued by BMW because I bought a Honda Odyssey (because it has 8 seats) and I didn't buy a BMW 3 series.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
jacarter3 1st Nov 2010
@Know_It_Alls

The government CANNOT create a Sole Source bid in its RFQ unless it writes a very long and complicated reason why ABSOLUTELY no other vendor or product can meet the requirements. Period.

It's that simple. It's a rule that is in place to prevent cronyism and artificially inflated bids that cost tax payers more than the value received. If there is a specific set or requirements, then they must be outlined. They cannot say it must be product X from company Y. If it requires US based servers or even in house servers then that is one of the many requirements that the RFQ must spell out. Then any company can respond with their offering and a matrix indicating requirments compliance. That's how Federal Acquisition Regulations are written. Look it up.

AGAIN, the reason for the rule is to protect tax payers.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill 1st Nov 2010
@Stark_Industries What if BMW (or KIA for that matter) could make a vehicle that met all your requirements and sold for less? Would you still by the Honda? What if you were working with taxpayer dollars and your personal opinion isn't really of concern? Would you waste money on a more expensive car that was no better? Maybe if your cousin sold them?
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
em_casey@... 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill 1st Nov 2010
@em_casey@... Say again, Dietrich!
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
Gis Bun 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate : This coming from a "Linux advocate" - a.k.a. anti-Microsoft, anti-Adobe, anti-IBM, anti-HP [basically anti anyone who is out to make a profit]. So biased!
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill 1st Nov 2010
@Gis Bun What if the Department of the Interior had a pro MS bias? Would you complain then?
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill Updated - 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate
Sounds like a deal I'm painfully familiar with. A major player in the communications industry (co. "M") was famous for telling the customer what to put in their bid specs. They lost a suit by major competitor (Co. "G") over the matter, so the customer changed their specs again to meet company M's products.
Co. M had misled customer regarding current industry standards, though applicable standards had not yet been adopted (indeed had not been completed) by any industry association.
To avoid confusion, I will point out that "M" is *not* Microsoft and "G" is *not* Google.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
windozefreak 1st Nov 2010
@Dietrich T. Schmitz, Your Linux Advocate
DTS, that is ok, since the applications involved are not level either. So, DOI went with the best applications, in total. Goolge is just blowing in the wind and mashing sour grapes. If you want to play with the big boys, build a better "toy."
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
becabill 1st Nov 2010
@windozefreak How do you know Google doesn't have a better toy? One designed for government use and not made available to us? Don't you think they should have a shot, or are you so strictly a Windows freak you would never listen to reason?
Never mind, I just answered my own question.
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No. DOI is practicing rigged bidding, which is illegal.
Dietrich T. Schmitz, ~ Your Linux Advocate 2nd Nov 2010
@windozefreak
They must consider all competitive vendor bids.

READ THE COMPLAINT.
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RE: Google sues U.S. government over hosted e-mail bid against Microsoft
makrekwe78-24353639853672037959604418643908 10th Nov
ycwhlq,good post!

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