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India’s Darwinbox raises $15M to bring its HR tech platform to more Asian markets
An Indian SaaS startup, which is increasingly courting clients from outside of the country, just raised a significant amount of capital to expand its business.
Hyderabad-based Darwinbox, which operates a cloud-based human resource management platform, said on Thursday it has raised $15 million in a new financing round. The Series B round — which moves the firm’s total raise to $19.7 million — was led by Sequoia India and saw participation from existing investors Lightspeed India Partners, Endiya Partners, and 3one4 Capital.
More than 200 firms including giants such as adtech firm InMobi, fintech startup Paytm, drink conglomerate Bisleri, automobile maker Mahindra, Kotak group, and delivery firms Swiggy and Milkbasket use Darwinbox’s HR platform to serve half a million of their employees in 50 nations, Rohit Chennamaneni, cofounder of Darwinbox, told TechCrunch in an interview.
The startup, which competes with giants such as SAP and Oracle, said its platform enables high level of configurability, ease of use, and understands the needs of modern employees. “The employees today who have grown accustomed to using consumer-focused services such as Uber and Amazon are left disappointed in their experience with their own firm’s HR offerings,” said Gowthami Kanumuru, VP Marketing at Darwinbox, in an interview.
Darwinbox’s HR platform offers a range of features including the ability for firms to offer their employees insurance and early salary as loans. Its platform also features social networks for employees within a company to connect and talk, as well as an AI assistant that allows them to apply for a leave or set up meetings with quick voice commands from their phone.
“The AI system is not just looking for certain keywords. If an employee tells the system he or she is not feeling well today, it automatically applies a leave for them,” she said.
Darwinbox’s platform is built to handle onboarding new employees, keeping a tab on their performance, monitor attrition rate, and maintain an ongoing feedback loop. Or as Kanumuru puts it, the entire “hiring to retiring” cycle.
One of Darwinbox’s clients is L&T, which is tasked with setting up subway in many Indian cities. L&T is using geo-fencing feature of Darwin to log the attendance of employees. “They are not using biometric punch machine that is typically used by other firms. Instead, they just require their 1,200 employees to check-in from the workplace using their phones,” said Kanumuru.
Additionally, Darwinbox is largely focusing on serving companies based in Asia as it believes Western companies’ solutions are not a great fit for people here, said Kanumuru. The startup began courting clients in Southeast Asian markets last year.
“Our growth is a huge validation for our vision,” she said. “Within six months of operations, we had the delivery giant Delhivery with over 23,000 employees use our platform.”
In a statement to TechCrunch, Dev Khare, a partner at Lightspeed Venture, said, “there is a new trend of SaaS companies targeting the India/SE Asia markets. This trend is gathering steam and is disproving the conventional wisdom that Asia-focused SaaS companies cannot get to be big companies. We firmly believe that Asia-focused SaaS companies can get to large impact value and become large and profitable. Darwinbox is one of these companies.”
Darwinbox’s Chennamaneni said the startup will use the fresh capital to expand its footprints in Indonesia, Malaysia, Thailand, and other Southeast Asian markets. Darwinbox will also expand its product offerings to address more of employees’ needs. The startup is also looking to make its platform enable tasks such as booking of flights and hotels.
Chennamaneni, an alum of Google and McKinsey, said Darwinbox aims to double the number of clients it has in the next six to nine months.
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Amazon launches Amazon Care, a virtual and in-person healthcare offering for employees
Amazon has gone live with Amazon Care, a new pilot healthcare service offering that is initially available to its employees in and around the Seattle area. The Amazon Care offering includes both virtual and in-person care, with telemedicine via app, chat and remote video, as well as follow-up visits and prescription drug delivery in person directly at an employee’s home or office.
First reported by CNBC, Amazon Care grew out of an initiative announced in 2018 with J.P. Morgan and Berkshire Hathaway to make a big change in how they all collectively handle their employee healthcare needs. The companies announced at the time that they were eager to put together a solution that was “free from profit-making incentives and constraints,” which are of course at the heart of private insurance companies that serve corporate clients currently.
Other large companies, like Apple, offer their own on-premise and remotely accessible healthcare services as part of their employee compensation and benefits packages, so Amazon is hardly unique in seeking to scratch this itch. The difference, however, is that Amazon Care is much more external-facing than those offered by its peers in Silicon Valley, with a brand identity and presentation that strongly suggests the company is thinking about more than its own workforce when it comes to a future potential addressable market for Care.
The Amazon Care logo.
Care’s website also provides a look at the app that Amazon developed for the telemedicine component, which shows the flow for choosing between text chat and video, as well as a summary of care provided through the service, with invoices, diagnosis and treatment plans all available for patient review.
Amazon lists Care as an option for a “first stop,” with the ability to handle things like colds, infections, minor injuries, preventative consultations, lab work, vaccinations, contraceptives and STI testing and general questions. Basically, it sounds like they cover a lot of what you’d handle at your general practitioner, before being recommended on for any more specialist or advanced medical treatment or expertise.
Rendered screenshots of the Amazon Care app for Amazon employees.
Current eligibility is limited to Amazon’s employees who are enrolled in the company’s health insurance plan and who are located in the pilot service geographical area. The service is currently available between 8 AM and 9 PM local time, Monday through Friday, and between 8 AM and 6 PM Saturday and Sunday.
Amazon acquired PillPack last year, an online pharmacy startup, for around $753 million, and that appears to be part of their core value proposition with Amazon Care, too, which features couriered prescribed medications and remotely communicated treatment plans.
Amazon may be limiting this pilot to employees at launch, but the highly publicized nature of their approach, and the amount of product development that clearly went into developing the initial app, user experience and brand all indicate that it has the broader U.S. market in mind as a potential expansion opportunity down the line. Recent reports also suggest that it’s going to make a play in consumer health with new wearable fitness tracking devices, which could very nicely complement insurance and healthcare services offered at the enterprise and individual level. Perhaps not coincidentally, Walgreens, CVS and McKesson stock were all trading down today.
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Amazon Prime adds free mobile game content to its perks, starting with PUBG Mobile
Amazon today is introducing a new perk for Prime members: free mobile game content. The company, which already offers Twitch Prime benefits through its subsidiary, will now give its Prime members various in-game items for PUBG Mobile, the popular battle royale title from Tencent.
The items launching today include an exclusive Infiltrator Mask, Infiltrator Jacket, Infiltrator Pants, and Infiltrator Shoes to complete a Prime-exclusive set, plus the brand-new Blood Oath – Karabiner 98K and Black Magma Parachute.
These exclusive game items aren’t just a one-off as part of a special deal between the retailer and Tencent, however.
Amazon says it will roll out new mobile gaming content on an ongoing basis, going forward, as part of the Prime membership program.
Upcoming partners will include the likes of EA, Moonton, Netmarble, Wargaming Mobile, and others, Amazon tells us.
“Now, no matter what platform you play on—whether console, PC, or mobile—there are Prime game benefits for you,” said Ethan Evans, VP, Twitch Prime, in a statement. “We’re starting with exclusive content for PUBG Mobile, one of the biggest mobile games in the world, and in the coming months, we’ll roll out benefits for some of the most popular mobile games across many favorite genres.”
Amazon’s Twitch already offers a Prime benefit called Twitch Prime which offers a range of perks, like bonuses like channel subscriptions, access to select games and in-game loot, exclusive emoticons, Prime chat badges and more. And as of yesterday, it now includes the option to share select Twitch Prime loot with other non-Prime members on Twitch. However, its focus is more on PC and console gaming, not mobile.
This isn’t the first time Amazon has pitched gaming perks to its Prime members. Several years ago, it ran a program called “Underground Actually Free” which offered customers free versions of Android apps that would typically cost money. That program, however, was more about luring Prime members to Amazon’s Fire tablets. It shut down in 2017.
Today’s mobile gaming perks instead seem to be just a better way for Amazon to leverage the relationships Twitch already has with PC and console game makers who have cross-platform titles that extend to mobile.
To claim the new perks, Prime members can visit www.amazon.com/pubgm.
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Amazon’s ‘climate pledge’ commits to net zero carbon emissions by 2040 and 100% renewables by 2030
In Washington today, Amazon announced a series of initiatives and issued a call for companies to reduce their carbon emissions 10 years ahead of the goals set forth in the Paris Agreement as part of a sweeping effort to reduce its own environmental footprint.
“We’re done being in the middle of the herd on this issue—we’ve decided to use our size and scale to make a difference,” said Jeff Bezos, Amazon founder and chief executive, in a statement. “If a company with as much physical infrastructure as Amazon—which delivers more than 10 billion items a year—can meet the Paris Agreement 10 years early, then any company can.”
Bezos’ statement comes as employees at his own company and others across the tech industry plan for a walkout on Friday to protest inaction on climate change from their employers.
Amazon’s initiatives include an order for 100,000 delivery vehicles from Rivian, a company in which Amazon has previously invested $440 million.
Electric vans will appear on roads by 2021 and Amazon expects to have 10,000 of the new electric vehicles on the road by 2022 and 100,000 by 2030. The fleet is expected to reduce carbon emissions by 4 million metric tons per year by 2030, the company said.
In addition, Amazon said it would commit another $100 million to reforestation projects through the Right Now Climate Fund in partnership with The Nature Conservancy. That fund will invest in the protection of forests, wetlands and peatlands that now serve as carbon sinks, which remove millions of metric tons of carbon from the atmosphere.
Finally, the company said it will speed up its adoption of renewable energy with the goal of converting 80% of the company’s energy sources to renewable energy by 2024, with the goal of reaching 100% renewable energy use by 2030.
Amazon has already initiated 15 utility-scale wind and solar renewable energy projects that will generate 1.3 gigawatts of renewable capacity and deliver some 3.8 million megawatt hours of clean energy, according to the company.
All of these efforts will be backstopped by a new sustainability reporting initiative, which will be housed on a new website monitoring and tracking the company’s progress toward its sustainability goals, the company said.
These steps are part of a push from Amazon to get other companies to sign on to a global non-binding agreement to accelerate the adoption of renewable energy and the reduction of carbon emissions.
Companies that sign on to the Amazon-inspired “Climate Pledge” agree to measure and report greenhouse gas emissions regularly; implement decarbonization strategies on a timeline that matches the Paris Agreement; and neutralize remaining emissions with quantifiable and permanent offsets to achieve net zero annual carbon emissions by 2040.
“I’ve been talking with other CEOs of global companies, and I’m finding a lot of interest in joining the pledge. Large companies signing The Climate Pledge will send an important signal to the market that it’s time to invest in the products and services the signatories will need to meet their commitments,” Bezos said in a statement.
The initiative is backed by international political luminaries like Christiana Figueres, the former climate change chief and founding partner of Amazon’s collaborator on The Climate Pledge, Global Optimism.
“Bold steps by big companies will make a huge difference in the development of new technologies and industries to support a low carbon economy,” said Figueres, in a statement. “With this step, Amazon also helps many other companies to accelerate their own decarbonization. If Amazon can set ambitious goals like this and make significant changes at their scale, we think many more companies should be able to do the same and will accept the challenge. We are excited to have others join.”
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Amazon orders 100K electric delivery trucks from Rivian as part of going carbon-neutral by 2040
Amazon will be stepping up its efforts to reduce its climate impact, CEO Jeff Bezos announced on Thursday. The company will be ordering 100,000 electric delivery trucks from Michigan’s Rivian as part of this commitment, Bezos said. The commerce giant will seek to meet its goal of becoming carbon-neutral by 2040 — 10 years earlier than is outlined by the United Nations Paris Agreement.
Bezos said at a National Press Club event in Washington where he made the announcement that the updated timeline is due to the increase in climate change, which has been more aggressive than even some of the more serious predictions had anticipated five years ago when the Paris agreement was reached.
Amazon’s overarching efforts to make the company carbon-neutral are bundled under a plan the company is calling the “Climate Pledge,” which will be open to other companies as well. In addition to efforts like the Rivian order for emission-free delivery vehicles, Amazon also will be seeking to reduce its footprint through other means, including solar energy and carbon offsets.
Rivian noted that this was the largest order to date of any electric delivery vehicles, and that they’d begin actually deploying for Amazon starting in 2021. Amazon led a $700 million investment round in Rivian in February, and the company announced a further $350 million from auto industry giant Cox Automotive earlier this month. Automaker Ford revealed a $500 million investment in Rivian in April, too.
Rivian also has plans to build and ship consumer vehicles, including the all-electric pickup truck and SUV it revealed late last year, which it aims to begin delivering to customers in 2020.
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The founders of Robin Healthcare think doctors need smart assistants, too
Robin Healthcare, a new startup founded by serial entrepreneurs Noah Auerhahn and Emilio Galan, is hoping to harness the power of personal assistants to make the business of healthcare easier for the physicians who practice it.
The company’s technology, which works much the same way as a Google Home or Amazon Alexa or Echo, is placed in hospital rooms and transcribes and formats doctor interactions with patients to reduce paperwork and streamline the behind-the-scenes part of the process that can drive doctors to the point of distraction, the company’s co-founder said.
“I had a background doing claims data work in healthcare at UCSF finishing my clinical training,” says Galan. “And I was hearing lots of doctors telling me not to practice.”
The problem, says Galan, was the overabundance of paperwork. After school, Galan doubled down on his work in claims and billing, launching a company called HonestHealth, where he worked with institutions and companies, like The Robert Wood Johnson Foundation, Consumer Reports and the New York State Department of Health, to analyze healthcare claims data and develop consumer applications.
Galan met Auerhahn at the HLTH conference a few years ago just as Auerhahn was looking for his next challenge after the sale of his previous company, ExtraBux.
The two men saw the wave of smart devices coming and figured there must be a way to use the technology to build a fully billable clinical report from monitoring the conversations with patients.
The company currently has dozens of its smart devices installed in hospitals around the country, including a large surgical practice in Tennessee, the Campbell Clinic; Duke University Medical Center’s Private Diagnostic Clinic; the University of California San Francisco Medical Center; and Webster Orthopedics in Northern California.
Robin integrates with the major electronic health records companies, Epic and Cerner, through third-party integrations that are designed to make it easier to input data automatically as doctors are assessing a patient’s condition and delivering treatments.
“Part of why Robin exists is to avoid technology interrupting care,” says Auerhahn. “Having fewer interactions with EMR is a good way to do that.”
Robin’s service is human-assisted natural language processing to make sure that the data is input correctly.
The company’s early vision has been enough to attract investors like Norwest Venture Partners, which led the company’s $11.5 million Series A round.
In all, Robin Healthcare has raised $15 million in financing. The company’s other investors include Social Leverage, the early-stage investment firm founded by Howard Lindzon.
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Drivetime nabs $11M from Makers Fund, Amazon and Google to build voice-based games for drivers
Fully autonomous cars may (or may not) be just around the corner, but in the meantime, a startup that’s building in-car apps to help human drivers pass the time when behind the wheel has raised a round of funding.
Drivetime — which makes voice-based trivia quizzes, games and interactive stories that people can play while driving — has raised $11 million in funding led by Makers Fund (a prolific investor in gaming startups), with participation from Amazon (via the Alexa Fund) and Google (via its Assistant investment program).
The startup today has eight “channels” on its platform consisting of games and stories that you can access either within a limited free-to-play tier or via a paid subscription ($9.99 a month or $99.99 a year). The plan is to use the funding to continue expanding that catalog, as well as investing in deeper integrations with its new big-name strategic investors, who themselves have longstanding and deep interests in bringing more voice services and content to the in-car experience.
Co-founder and CEO Niko Vuori told TechCrunch that his ultimate ambition is for Drivetime to become “the Sirius XM of interactive content” for cars, with hundreds of different channels of content.
In keeping with those plans, along with the funding, Drivetime is today announcing a key content deal.
It has teamed up with the long-running, popular game show Jeopardy to build a trivia channel for the platform, which lets drivers test their own skills and also play against other drivers and people they know. The Jeopardy channel will source content from the TV show’s trove of IP and come with another familiar detail: it will be narrated by Alex Trebek, with a new quiz getting published every weekday for premium users.
That social element of the Jeopardy game is not a coincidence. The San Francisco-based startup is founded by Zynga alums, with Vuori and his co-founders Justin Cooper and Cory Johnson also working together at another startup called Rocket Games since leaving the social games giant and exiting that to gaming giant Penn National for up to $170 million. That track record goes some way to explaining the strong list of investors in the new startup.
“Social and interactive formats are the next frontier in audio entertainment,” said Makers Fund founding partner Jay Chi, in a statement. “Niko, Justin Cooper and Cory Johnson, with a decade-long history of working together and a proven track record in building new platforms, is the best team to bring this idea to life.”
“Gaming and entertainment are among customers’ favorite use cases for Alexa, and we think those categories will only grow in popularity as Alexa is integrated into more vehicles,” said Paul Bernard, director of the Alexa Fund at Amazon, in a separate statement. “Drivetime stands out for its focus on voice-first games in the car, and we’re excited to work with them to broaden the Alexa Auto experience and help customers make the most of their time behind the wheel.”
In addition to the three investors in this latest round, prior to this Drivetime had raised about $4 million from backers that include Felicis Ventures, Fuel Capital, Webb Investment Network (Maynard Webb’s fund) and Access Ventures.
Vuori declined to say how many installs or active users the app has today — although from the looks of it on AppAnnie, it’s seeing decent if not blockbuster success on iOS and Android so far.
Instead, the company prefers to focus on another stat, its addressable market, which it says is 110 million drivers in North America alone.
Meanwhile, adding a Jeopardy channel is building on what has worked best so far. The most popular category at the moment is trivia, with Tunetime (a “name that tune” game) coming in second and storytelling a third.
Drivetime’s premise is an interesting one. Drivers are a captive audience, but one that has up to now had a relatively limited amount of entertainment created for it, focusing mainly on music and spoken word.
However, the rise of voice-based interfaces and interactivity using natural language — spurred by the rise of personal assistant apps and in-home hubs like Amazon’s Echo — have opened a new opportunity, developing interactive, voice-based content for drivers to engage with more proactively.
You might think that this sounds like a recipe for a car accident. Won’t a driver get too distracted trying to remember the fourth president of the United States, or who was known as the father of the Constitution? (Hint: It’s the same guy.)
Vuori claims it’s actually the reverse: Having an interactive game that requires the driver to speak out loud can focus him or her and keep the driver more alert.
“We are double-dipping in safety,” he said. “On the one hand, we embody the safety aspects of Alertness Maintaining Tasks (AMTs). But we also act as a preventative, meaning that while players engage with Drivetime, they are not engaging with anything else.”
While the content today may serve as a way of keeping drivers from doing things they shouldn’t be doing while in a car, there is another obvious opportunity that might come as drivers become less necessary and will need other things to occupy themselves.
Longer term, the Jeopardy deal could usher in other channels based on popular game shows. Sony Pictures Television Games, which owns the rights to it, also owns Wheel of Fortune and Who Wants to Be a Millionaire.
“We are thrilled to work with Sony Pictures Television Games to bring Jeopardy, the greatest game show on the planet, to an underserved audience that desperately needs interactive entertainment the most – the 110 million commuters in North America driving to and from work by themselves every day,” said Vuori said in a statement.
Interestingly, despite the growth of “skills” for Alexa or apps for Google Home and other home hubs, and the overall popularity of these as a way of interacting with apps and sourcing information, Vuori says that he hasn’t seen any competition emerge yet from other app developers to build voice-based entertainment for drivers in the way that Drivetime has.
That gives the company ample opportunity to continue picking up new users — and more deals with publishers and content companies looking for more mileage (sorry) for their legacy IP and new business.
“Drivetime is one of the early pioneers in creating safe, stimulating entertainment for drivers in the car,” Ilya Gelfenbeyn, founding lead of the Google Assistant Investments Program, noted in a statement. “More and more people are using their voice to stay productive on the road, asking the Google Assistant on Android and iOS phones to help send text messages, make calls and access entertainment hands free. We share Drivetime’s vision, and look forward to working with their team to make the daily commute more enjoyable.”
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Why Walmart’s Flipkart is betting heavily on Hindi
Flipkart, the largest e-commerce platform in India, said Tuesday it has concluded the roll-out of a range of features to its shopping app in what is its biggest update in recent years.
Chief among these new features is access to Flipkart in Hindi language. Prior to the revamp of the app, Flipkart was available only in English, a language spoken by 10% of India’s 1.3 billion population.
Flipkart says it is hoping that the new features, which includes a video streaming service, would help it reach the next 200 million users in India.
The major bet on Hindi, a language spoken by more than 500 million people in India, illustrates a growing push from local and international companies operating in the country as they adapt their services and business models to go beyond the urban cities.
And that’s where much of the opportunity, which countless startups and companies have trumpeted to investors to successfully raise hundreds of millions of dollars in debt and venture capital in recent years, lies in the nation.
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Startups Weekly: Peloton’s 29 secret weapons
Hello and welcome back to Startups Weekly, a weekend newsletter that dives into the week’s noteworthy startups and venture capital news. Before I jump into today’s topic, let’s catch up a bit. Last week, I wrote about a new e-commerce startup, Pietra. Before that, I wrote about the flurry of IPO filings.
Remember, you can send me tips, suggestions and feedback to kate.clark@techcrunch.com or on Twitter @KateClarkTweets. If you don’t subscribe to Startups Weekly yet, you can do that here.
What’s new?
Peloton revealed its S-1 this week, taking a big step toward an IPO expected later this year. The filing was packed with interesting tidbits, including that the company, which manufacturers internet-connected stationary bikes and sells an affiliated subscription to its growing library of on-demand fitness content, is raking in more than $900 million in annual revenue. Sure, it’s not profitable, and it’s losing an increasing amount of money to sales and marketing efforts, but for a company that many people wrote off from the very beginning, it’s an impressive feat.
Despite being a hardware, media, interactive software, product design, social connection, apparel and logistics company, according to its S-1, the future of Peloton relies on its talent. Not the employees developing the bikes and software but the 29 instructors teaching its digital fitness courses. Ally Love, Alex Toussaint and the 27 other teachers have developed cult followings, fans who will happily pay Peloton’s steep $39 per month content subscription to get their daily dose of Ben or Christine.
“To create Peloton, we needed to build what we believed to be the best indoor bike on the market, recruit the best instructors in the world, and engineer a state-of-the-art software platform to tie it all together,” founder and CEO John Foley writes in the IPO prospectus. “Against prevailing conventional wisdom, and despite countless investor conference rooms full of very smart skeptics, we were determined for Peloton to build a vertically integrated platform to deliver a seamless end-to-end experience as physically rewarding and addictive as attending a live, in-studio class.”
Peloton succeeded in poaching the best of the best. The question is, can they keep them? Will competition in the fast-growing fitness technology sector swoop in and scoop Peloton’s stars?
In other news
Last week I published a long feature on the state of seed investing in the Bay Area. The TL;DR? Mega-funds are increasingly battling seed-stage investors for access to the hottest companies. As a result, seed investors are getting a little more creative about how they source deals. It’s a dog-eat-dog world out there, and everyone wants a stake in The Next Big Thing. Read the story here.
Rounds of the week
- ThoughtSpot hauled in a $248M round at a $1.95B valuation
- Bedding startup Boll & Branch raised $100M
- Credit Sesame, a platform for managing loans, picked up $43M
- Mews grabbed a $33M Series B to modernize hotel administration
- Koru Kids closed a £10M Series A for its childcare platform
- Urbvan raised $9M for its private shuttle service in Mexico
- The popular shoe brand (among VCs) Atoms nabbed $8.1M
- Consider, an email service for startups, raised $5M from Kleiner Perkins
Time to Disrupt
Don’t miss out on our flagship Disrupt, which takes place October 2-4. It’s the quintessential tech conference for anyone focused on early-stage startups. Join more than 10,000 attendees — including over 1,200 exhibiting startups — for three jam-packed days of programming. We’re talking four different stages with interactive workshops, Q&A sessions and interviews with some of the industry’s top tech titans, founders, investors, movers and shakers. Check out our list of speakers and the Disrupt agenda. I will be there interviewing a bunch of tech leaders, including Bastian Lehmann and Charles Hudson. Buy tickets here.
Listen
This week on Equity, TechCrunch’s venture capital-focused podcast, we had Floodgate’s Iris Choi on to discuss Peloton’s upcoming IPO. You can listen to it here. Equity drops every Friday at 6:00 am PT, so subscribe to us on Apple Podcasts, Overcast and Spotify.
Learn
We published a number of new deep dives on Extra Crunch, our paid subscription product, this week. Here’s a quick look at the top stories:
- How Pivotal got bailed out by fellow Dell family member, VMware by Ron Miller
- How to use Amazon and advertising to build a D2C startup by Matt Altman and Tyler Elliston
- Customer success isn’t an add-on — Start early to win later. By Dale Chang and Jay Nathan.
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Oracle files new appeal over Pentagon’s $10B JEDI cloud contract RFP process
You really have to give Oracle a lot of points for persistence, especially where the $10 billion JEDI cloud contract procurement process is concerned. For more than a year, the company has been complaining across every legal and government channel it can think of. In spite of every attempt to find some issue with the process, it has failed every time. That did not stop it today from filing a fresh appeal of last month’s federal court decision that found against the company.
Oracle refuses to go quietly into that good night, not when there are $10 billion federal dollars on the line, and today the company announced it was appealing Federal Claims Court Senior Judge Eric Bruggink’s decision. This time they are going back to that old chestnut that the single-award nature of the JEDI procurement process is illegal:
“The Court of Federal Claims opinion in the JEDI bid protest describes the JEDI procurement as unlawful, notwithstanding dismissal of the protest solely on the legal technicality of Oracle’s purported lack of standing. Federal procurement laws specifically bar single award procurements such as JEDI absent satisfying specific, mandatory requirements, and the Court in its opinion clearly found DoD did not satisfy these requirements. The opinion also acknowledges that the procurement suffers from many significant conflicts of interest. These conflicts violate the law and undermine the public trust. As a threshold matter, we believe that the determination of no standing is wrong as a matter of law, and the very analysis in the opinion compels a determination that the procurement was unlawful on several grounds,” Oracle’s General Counsel Dorian Daley said in a statement.
In December, Oracle sued the government for $10 billion, at the time focusing mostly on a perceived conflict of interest involving a former Amazon employee named Deap Ubhi. He worked for Amazon prior to joining the DOD, where he worked on a committee of people writing the RFP requirements, and then returned to Amazon later. The DOD investigated this issue twice, and found no evidence he violated federal conflict of interest of laws.
The court ultimately agreed with the DOD’s finding last month, ruling that Oracle had failed to provide evidence of a conflict, or that it had impact on the procurement process. Judge Bruggink wrote at the time:
We conclude as well that the contracting officer’s findings that an organizational conflict of interest does not exist and that individual conflicts of interest did not impact the procurement, were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Plaintiff’s motion for judgment on the administrative record is therefore denied.
The company started complaining and cajoling even before the JEDI RFP process started. The Washington Post reported that Oracle’s Safra Catz met with the president in April, 2018 to complain that the process was unfairly stacked in favor of Amazon, which happens to be the cloud market share leader by a significant margin, with more than double that of its next closest rival, Microsoft.
Later, the company filed an appeal with the Government Accountability Office, which found no issue with the RFP process. The DOD, which has insisted all along there was no conflict in the process, also did in an internal investigation and found no wrong-doing.
The president got involved last month when he ordered Defense Secretary Mark T. Esper to look into the idea that, once again, the process has favored Amazon. That investigation is ongoing. The DOD did name two finalists, Amazon and Microsoft, in April, but has yet to name the winner as the protests, court cases and investigations continue.
The controversy in part involves the nature of the contract itself. It is potentially a decade-long undertaking to build the cloud infrastructure for the DOD, involves the award of a single vendor (although there are several opt-out clauses throughout the term of the contract) and involves $10 billion and the potential for much more government work. That every tech company is salivating for that contract is hardly surprising, but Oracle alone continues to protest at every turn.
The winner was supposed to be announced this month, but with the Pentagon investigation in progress, and another court case underway, it could be some time before we hear who the winner is.
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