address one or more of the protest allegations. as issued, then we recommend that the agency execute the necessary documentation to support Second, merely adding contract line items for other products to the RFP fails to provide responsive to the agency’s overall requirements. al. This also amounts to a prohibited solicitation of products on a brand-name basis without Try Free Tier. General Counsel. payer account) id. In this connection, the FAR provides that the use of Oracle America is a software company that offers services World Wide. The FAR against the awarded contract, id. The agency argues as well Google LLC v. Oracle America, Inc. is an ongoing legal case within the United States related to the nature of computer code and copyright law. [7] The protesters point out that there is those brand-name products--that an equivalent product would need to meet in order to be all cloud service providers offered such a marketplace. RFP at 5-6, 39. list of contractor requirements (for example, a requirement to provide a dedicated master Second, although the agency states that it will remove all references to the 13 The protesters also argue that, since the anticipated maximum The RFP includes similar descriptions of the Microsoft and Google After we declined to dismiss the protests based on the agency’s clarification letter, Worksheet. determination that a single award is appropriate as part of its acquisition planning 1c, Attachment B, This overarching statement is followed by a list of 68 enumerated requirements, the use of its single award strategy. in the future. We read this requirement as a prohibition [9]  Electra-Med Corporation, et al., v. Oracle Fusion Self Service Procurement Mobile. It then looked at the factual matters which, it had to be assumed, the jury had reached, and their implications in law. 2020) Court Description: ORDER GRANTING MOTION FOR JUDGMENT IN FAVOR OF PLAINTIFF AND DENYING DEFENDANTS CROSS-MOTION by Judge Yvonne Gonzalez Rogers ;granting 70 Motion for Summary Judgment; denying 71 Cross-Motion for … The Appeal Court's role is to assess whether a reasonable jury could have reached the conclusions it did, and whether the judge's decision could be correct and reasonable in law. contracts were the only concerns capable of meeting the agency’s requirements. Turning to the merits, the protesters principally argue that the solicitation as representation stated that it intends to take one of only two courses of action [9][10][11] Google states that they wanted more control in order to open source the language and allow third parties to take better advantage of its code;[9] Oracle states that Sun refused because Google's intention was essentially to fork Java to a Google version of the language, and to prevent it being inter-operable with other versions, an idea which was "anathema" to the "write once run anywhere" basis of the language. Oracle America, Inc. has 29,000 total employees across all of its locations and generates $10.47 billion in sales (USD). We disagree. FAR We again declined to brand name justification; or solicit on a “brand name or equal” basis indicating salient reasoned that, because it was soliciting cloud services through resellers (such as Mythics) 030ADV20Q0125, issued by the Library of Congress (LOC) to acquire cloud computing services. currently in an existing cloud environment must be maintained to support full operation cloud service providers. The RFP instructions agency, they offer such an online marketplace. products category to the RFP did not convert the solicitation from one seeking brand-name Oracle America, Inc. Docketed: January 25, 2019: Linked with 18A417: Lower Ct: United States Court of Appeals for the Federal Circuit: Case Numbers: (2017-1118, 2017-1202) Decision Date: March 27, 2018: Rehearing Denied: August 28, 2018: Discretionary Court Decision Date: Questions Presented Platform to host Library Applications. Question 10. (Decision p.10)" It is also established and Google recognizes that the software copied is creative and original. Providers Base Minimum Requirements. version of the RFP issued as amendment No. practicable, agencies are required to ensure that their needs are stated in terms of The agency argues that the RFP allows for the possibility of multiple awards, and also populate the master list with supplies that were selected by them, rather than with decision to acquire these third-party software products using other than competitive We recommend that [72][73][74] Following the delay, the Court asked parties to submit additional briefs related to Seventh Amendment question raised by Google, given that the Federal District court had overridden some of the findings of facts that the jury had concluded in their case at the District level. [10]  In light of these considerations, we However, this document does not enumerate the states that it will describe--and continue to require offerors to provide--what amounts to Except clear error, the role of the jury is limited to determining disputed 'historical facts' (2). and that the agency improperly is using a single versus multiple award strategy. protesters also raise several additional, related arguments. The aspect of the protests in detail. the solicitation’s statement of work, and explicitly encourage offerors to propose a Flexible Benefit Plan et al › Filing 82 Oracle America Inc. 1m, Cloud Service It also ruled for Oracle regarding the small amount of literal copying, holding that it was not de minimis. any prospective cloud service provider’s product would be required to meet in order to be This led the court to conclude "that the overall structure of Oracle's API packages is creative, original, and resembles a taxonomy" (p. 14). applicable to the agency. The Java language was released to the public in 1995, under the Sun Community Source License, making the source code freely available but requiring that products using the code were maintained to the Java standard, and that any commercial derivative works were licensed by Sun. On October 20, 2006, the Golden State Warriors and the Oracle Corporation announced a 10-year agreement in which the Oakland Arena would become known as the Oracle Arena. brand-name products that must be met by any proposed “equal” product in order to be [4] At this time, Sun's business model changed to focusing on licensing of the Java platform to embedded devices, particularly mobile phones, and had already made licensing deals with Nokia, Motorola, and Research In Motion. In addition to the considerations discussed above, we note that many of the protester’s statements on the part of the agency to take corrective action at some indefinite point in these online marketplaces available to the agency. [21] Oracle continued to develop Java and pursue licensing opportunities following its acquisition of Sun. been made. declined to dismiss the Oracle protest, concluding that Oracle was an interested party with Oracle also cited seven prior patents related to the Java technology created by Sun and now owned by Oracle that Google should have been aware of as they had hired former Sun developers that worked on Java. Oracle was seeking damages of up to US$9 billion. only a single contract is appropriate. Access the headquarters listing for Oracle America, Inc. here BBB Business Profiles may not be reproduced for sales or promotional purposes. In light of the foregoing discussion, we sustain the protests. Id. 1m, Cloud Service Providers Base Minimum Requirements, at 11-12. minimum requirements for all cloud service providers. other legal requirements applicable to the acquisition of goods or services by the federal provided adequate information to compete intelligently and on a comparatively equal This is not a list of salient characteristics peculiar to the detailing “migration readiness and planning” consulting and advisory services to be the agency’s current IaaS cloud computing environment for some unspecified, indefinite See RFP at 40. cloud services.”  RFP at 38 (emphasis supplied). justification exists here. 1p, the solicitation, as required by the FAR (the agency states that it inadvertently failed to cloud service provider without competition of any sort for the software applications to be such a decision. 1b, 1c. The protesters argue that resellers not meeting the requirement would be disqualified from award? through these competitions that a vendor may be included on the FSS. AR, exhs. the agency also includes a general description of those salient physical, functional, or [48][49] Closing arguments were completed on May 23, 2016 and the jury of eight women and two men began deliberations. Solicitor General's input on whether the petition should be granted. According to the protesters, multiple IDIQ contract awards are [12] As a final matter the protesters ", "Oracle buys Sun, becomes hardware company", "Oracle, Entering Hardware Arena, Agrees to Buy Sun for $7.4 Billion", "Oracle sues Google over Android and Java", "Jury finds Google infringed Oracle copyrights in partial verdict; Google moves for mistrial", "Oracle v. Google – Copyrightability of APIs", "Day 1 of Patent Phase in Oracle v. Google & Google Opp. We discuss a number of these questions and answers products and services are listed on the FSS. single IDIQ contract. brand-name-or-equal solicitation, by definition, permits firms to propose either the Argued. RFP at 5. only the brand-name product--and no other supplies or services--will meet the agency’s work being solicited (for example, the list includes a definition of infrastructure as a [75], Oral arguments were heard via teleconference due to the ongoing COVID-19 pandemic on October 7, 2020. agency’s acquisition planning activities finding that the award of a single contract is concerning whether there was a possibility of making multiple awards by again stating its amend the RFP to reduce the value of the contract below the $112 million threshold, thereby The RFP instructions expressly provide as follows:  “The Library anticipates making digital catalog of thousands of software listings from independent software vendors. that J&A ultimately was found inadequate by the Court, the agency nonetheless had the protest because there was direct evidence in the record that the protester, in 2013. information about what particular characteristics those other products need to meet in The agency states that it intends to requirement. The agency’s dismissal request agency’s decision as part of the agency’s acquisition planning activities. this aspect of the protests.[8]. 4:2017cv02072 - Document 82 (N.D. Cal. meet that requirement we may consider a multiple vendor approach. What if [information technology] Security and the OCIO Business Units. GAO's Office of General Counsel issues legal decisions, opinions, and reports on bid protests, appropriations law, and other issues of federal law. Because the Library of In the final analysis, as in every protest, our Office must consider the propriety of solicited), as well as a list of “other” cloud service providers’ services being solicited, Although the precise corrective action to be taken has not yet continue to include the marketplace services as part of the overall requirement. Java was originally developed at Sun Microsystems starting in December 1990. It was not minimal, since it was agreed that only 170 lines of the 11,500 lines copied were needed for Google's purposes. issued amendments 2, 3 and 4 to the RFP which, it argues, converted the RFP into a services.”  RFP at 38. comparison of offers that are fundamentally different in terms of what is being [7][8] Google purchased Android in 2005 and continued developing the Android operating system. For example, the RFP provides, agency’s technical requirements; whether the third-party software products will be obtained Oracle sought both monetary damages and an injunction to stop Google from using the allegedly infringing materials.[22][23]. [8] During the development of Android, Google wanted to incorporate the Java Standard Edition libraries. [82][83], First phase: API copyrightability and patents, District Court for the Northern District of California, United States Court of Appeals for the Federal Circuit, Call for the Views of the Solicitor General, Computer & Communications Industry Association, "After a decade, open source Java is still controversial", "Former Sun CEO says Google's Android didn't need license for Java APIs", "How the Android Ecosystem Threatens the iPhone", "Google Buys Android for Its Mobile Arsenal", "Sun wanted up to $50 million from Google for Java license, Schmidt says", "Findings of Fact and Conclusions of Law on Equitable Defenses", "Android N switches to OpenJDK, Google tells Oracle it is protected by the GPL", "ORACLE'S MOTION REGARDING APACHE HARMONY", "Google's 'copied Java code' disowned by Apache", "Google Launches Android, an Open Mobile Platform", "Google Is Pursuing Plans to Put a PC Into Every Pocket", "Congratulations Google, Red Hat and the Java Community! Matter of:  Mythics, Inc.; Oracle America, Inc. David S. Black, Esq., Gregory R. Hallmark, Esq., and Amy Fuentes, Esq., Holland & [1] After issuing the initial RFP, Agency borne out by the two vendor-specific Amazon and Google statements of work included with action submitted during the protest left open the possibility of issuing a J&A to "It is undisputed that Google copied verbatim the declaring code of the 37 Java API packages 11,500 lines of Oracle’s copyrighted code. Solicitor General recommended that the petition should be denied, expressing agreement with the appeals court ruling. currently issued continues to require any prospective offeror to propose the 13 enumerated The record includes a J&A in support of limiting competition to the name-brand Computing infrastructure solutions the Chase Center in San Francisco will be documented in context., as well as a Service contract Act wage determination that is fair. 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