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Is California forcing state agencies under one private cloud?


By GovFresh · December 4, 2013

[caption id=”attachment_16814” align=”alignnone” width=”640”] Golden Gate Bridge (Photo: Luke Fretwell)[/caption]

Update: A DGS representative notified us that these restrictions will be lifted “ballpark in the next few months” once the state has updated its cloud computing terms and conditions policy, which is currently under review.

The California Department of General Services is issuing a list of stipulations to cloud computing vendors that forces them into an agreement to not sell their services to state agencies, according to a document obtained by GovFresh.

The document, titled “Acceptance of Terms Related to Cloud Computing Solutions Under the CMAS [California Multiple Award Schedules] Program,” outlines four stipulations that, if not adhered to, “may result in contract termination.”

Those stipulations include:

  1. CMAS contractor guarantees that it will not sell cloud products or services to California State agencies through the CMAS program.
  2. CMAS contractor agrees not to process California State agencies' CMAS purchase orders that include cloud computing software and/or vendor related services and to alert the CMAS Program administrators when such an order has been received.
  3. CMAS contractor agrees to refund in full any payments resulting from a sale of a cloud product or service to California State agencies under a CMAS contract whether or not cloud products or services are purchased willfully or inadvertently.
  4. Contractor's non-compliance regarding the sale of cloud products or services may result in contract termination.

Attempts to obtain comments from DGS and the California Technology Agency remain unanswered.

California is currently developing its own private cloud, called CalCloud, that is expected to launch in early 2014.

“California is in the cloud,” California Chief Information Officer Carlos Ramos said Monday at a government technology and innovation event hosted by TechWire. “We’re moving into the cloud very rapidly, but we do have to move a little bit gingerly.”

Prior to Ramos’ talk at the same event, Lieutenant Governor Gavin Newsom was critical of the state’s progress and unwillingness to pursue innovative approaches to technology, especially the cloud.

“By 2016, it’s estimated that the bulk of IT spending in business will be on cloud computing platforms and applications, according to the IDC Worldwide and Regional Public IT Cloud Services forecast,” wrote Newsom recently on Huffington Post. “Yet many in California government still resist cloud computing even as the federal government and states including Colorado adopt cloud-first priorities.”