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Bipartisan bill targets cloud vendor lock-in at the Pentagon

October 26, 2026, 13:21Source: Montreal AI Ethics Institute
Bipartisan bill targets cloud vendor lock-in at the Pentagon
Image: Montreal AI Ethics Institute

A bipartisan bill in the US Congress would require competitive bidding for large cloud, data infrastructure and foundation model providers working with the Department of Defense. A new AI Policy Corner analysis says it is a strong effort, but may not fully solve the lock-in problem.

Key points
  • The Protecting AI and Cloud Competition in Defense Act (S.5436) targets single-vendor lock-in in DoD technology procurement.
  • It requires competitive awards for cloud, data infrastructure or foundation model providers with $50 million or more in DoD contracts over five fiscal years.
  • The CDAO would update DFARS to protect government data used for AI development, with fines or contract termination for violations.
  • The analysis warns that data-transfer fees, exclusivity deals and cloud-AI partnerships could limit the bill's effect.
  • The bill was reintroduced on May 15, 2025, with Warren and Schmitt leading in the Senate.

Why the bill was introduced

The Department of Defense (DoD) has relied heavily on commercial cloud providers in recent years, including through multi-billion-dollar initiatives such as the Joint Warfighting Cloud Capability (JWCC), according to the analysis by Syona Kadidal, published by the Montreal AI Ethics Institute as part of its AI Policy Corner series with Purdue University's Governance and Responsible AI Lab.

To counter dependence on a single vendor and open procurement to emerging startups, Senators Elizabeth Warren and Eric Schmitt first introduced the Protecting AI and Cloud Competition in Defense Act of 2024 (S.5436) in December 2024. The article says momentum grew the following year, when the White House issued directives on efficient AI acquisition and warned federal agencies against costly dependencies on one vendor. The bill was reintroduced in both chambers on May 15, 2025.

What the bill would require

The bill mandates a strictly competitive award process for any cloud computing, data infrastructure or foundation model provider that has entered into DoD contracts totaling $50 million or more over the previous five fiscal years. The article says this would help small businesses and new startups enter the defense market.

  • Department leaders would be directed to prioritize multi-cloud technology and modular open-systems approaches to improve competition and cost efficiency.
  • Greater interconnectivity would let smaller tech companies integrate their tools into the military's network without being boxed out by Big Tech.
  • The Pentagon's Chief Digital and Artificial Intelligence Office (CDAO) would have to update the Defense Federal Acquisition Regulation Supplement (DFARS) so that government data provided for AI development is not disclosed or used without authorization.
  • Military data stored on vendor systems must be strictly protected against unauthorized access or misuse.

Vendors that fail to comply would face fines, penalties or contract termination.

Market concentration and possible limits

The author points to a structural problem. The broader cloud computing market is a $600 billion industry dominated by three private companies: Amazon, Microsoft and Alphabet. Because the DoD buys from the same commercial market, it faces the same anti-competitive barriers as any other customer. Tech giants charge penalty fees to move data and make switching systems difficult.

Exclusivity contracts may also tie AI developers to a single cloud provider, preventing them from offering their models on rival platforms. That could undermine the bill's aim of open competition and interconnectivity. The article adds that partnerships between cloud providers and AI developers often work as "de facto mergers," and says a 2025 Federal Trade Commission report found that such arrangements let Big Tech consolidate talent and resources while bypassing traditional antitrust scrutiny.

Legislative status and what it means

Warren and Schmitt continue to lead the effort in the Senate. Representatives Pat Fallon, Sara Jacobs and Chris Deluzio introduced the companion bill in the House. The source does not report a vote or further progress.

The author concludes that the act is a strong effort to keep the DoD from significant and costly single-vendor dependencies. But simply mandating competitive bidding for contracts above $50 million might not be a complete fix. In the article's view, procurement reforms must keep contending with data-transfer penalties, opaque pricing and the vertical integration of today's cloud market. For startups and smaller vendors, the bill would open a path into defense work, but its effect depends on whether those market barriers are also addressed.

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