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Starboard Value takes 7.5% stake in Box

Starboard Value, LP revealed in an SEC Form 13D filing last week that it owns a 7.5% stake in Box, the cloud content management company.

It is probably not a coincidence that Starboard Value invests in companies whose stock has taken a bad turn. Box’s share price has been on a roller coaster ride in the years since 2015, when its stock was priced initially at $14.00/share but then surged to $23.23 on its opening day. In recent years, its share price has gone as high as $28.12, but the declines have been steep: its 52-week low is $12.46 per share.

Screenshot 2019 09 03 17.22.05

“While we do not comment on interactions with our investors, Box is committed to maintaining an active and engaged dialogue with stockholders. The Board of Directors and management team are focused on delivering growth and profitability to drive long-term stockholder value as we continue to pioneer the Cloud Content Management market,” a Box spokesperson told TechCrunch.

Indeed, it is too early to tell what Starboard’s investment will mean longer term. But more generally, it has been known to take a very active role in its portfolio companies, sometimes increasing its stake to secure places on the board and using that position to advocate management changes, restructuring, sales and more.

And Box is now, in a sense, on notice. From Starboard’s filing:

“Depending on various factors including, without limitation, the Issuer’s financial position and investment strategy, the price levels of the Shares, conditions in the securities markets and general economic and industry conditions, the Reporting Persons may in the future take such actions with respect to their investment in the Issuer as they deem appropriate including, without limitation, engaging in communications with management and the Board of Directors of the Issuer, engaging in discussions with stockholders of the Issuer or other third parties about the Issuer and the [Starboard’s] investment, including potential business combinations or dispositions involving the Issuer or certain of its businesses, making recommendations or proposals to the Issuer concerning changes to the capitalization, ownership structure, board structure (including board composition), potential business combinations or dispositions involving the Issuer or certain of its businesses, or suggestions for improving the Issuer’s financial and/or operational performance, purchasing additional Shares, selling some or all of their Shares, engaging in short selling of or any hedging or similar transaction with respect to the Shares…”

Box began life as a consumer storage company but made the transition to enterprise software several years after it launched in 2005. It raised more than $500 million along the way, and it was a Silicon Valley SaaS darling until it filed its S-1 in 2014.

That S-1 revealed massive sales and marketing spending, and critics came down hard on the company. That led to one of the longest IPO delays in memory, taking nine months from the time the company filed until it finally had its IPO in January 2015.

While losses more recently appear to be getting smaller, they are still a very prominent aspect of the company’s financials. In its Q2 earnings report last week, Box announced  $172.5 million in revenue for for the quarter, putting it on a run rate close to $700 million, but it also said its GAAP operating loss was $36.3 million, or 21% of revenue (year-ago GAAP operating loss was $37.2 million, or 25% of revenue).

Non-GAAP operating income meanwhile was $0.5 million, or 0% of revenue (year-ago non-GAAP operating loss was $6.5 million, or 4% of revenue). Negative free cash flow was also up to -$19 million versus -$10 million a year ago. In other words, these are precisely the kind of metrics that attract activist investors to high-profile public companies.

Levie will be appearing at TechCrunch Sessions: Enterprise on Thursday.

We emailed Starboard Value for comment on this article. Should it respond, we will update the article.

OpenGov raises $51M to boost its cloud-based IT services for government and civic organizations

OpenGov, the firm co-founded by Palantir’s Joe Lonsdale that helps government and other civic organizations organise, analyse and present financial and other data using cloud-based architecture, has raised another big round of funding to continue expanding its business. The startup has picked up an additional $51 million in a Series D round led by Weatherford Capital and 8VC (Lonsdale’s investment firm), with participation from existing investor Andreessen Horowitz.

The funding brings the total raised by the company to $140 million, with previous investors in the firm including JC2 Ventures, Emerson Collective, Founders Fund and a number of others. The company is not disclosing its valuation — although we are asking — but for some context, PitchBook noted it was around $190 million in its last disclosed round — although that was in 2017 and has likely increased in the interim, not least because of the startup’s links in high places, and its growth.

On the first of these, the company says that its board of directors includes, in addition to Lonsdale (who is now the chairman of the company); Katherine August-deWilde, Co-Founder and Vice-Chair of First Republic Bank; John Chambers, Founder and CEO of JC2 Ventures and Former Chairman and CEO of Cisco Systems; Marc Andreessen, Co-Founder and General Partner of Andreessen Horowitz; and Zac Bookman, Co-Founder and CEO of OpenGov .

And in terms of its growth, OpenGov says today it counts more than 2,000 governments as customers, with recent additions to the list including the State of West Virginia, the State of Oklahoma, the Idaho State Controller’s Office, the City of Minneapolis MN, and Suffolk County NY. For comparison, when we wrote in 2017 about the boost the company had seen since Trump’s election (which has apparently seen a push for more transparency and security of data), the company noted 1,400 government customers.

Government data is generally associated with legacy systems and cripplingly slow bureaucratic processes, and that has spelled opportunity to some startups, who are leveraging the growth of cloud services to present solutions tailored to the needs of civic organizations and the people who work in them, from city planners to finance specialists. In the case of OpenGov, it packages its services in a platform it calls the OpenGov Cloud.

“OpenGov’s mission to power more effective and accountable government is driving innovation and transformation for the public sector at high speed,” said OpenGov CEO Zac Bookman in a statement. “This new investment validates OpenGov’s position as the leader in enterprise cloud solutions for government, and it fuels our ability to build, sell, and deploy new mission-critical technology that is the safe and trusted choice for government executives.”

City Manager Dashboard Screen

It’s also, it seems, a trusted choice for government executives who have left public service and moved into investing, leveraging some of the links they still have into those who manage procurement for public services. Weatherford Capital, one of the lead investors, is led in part by managing partner Will Weatherford, who is the former Speaker of the House for the State of Florida.

“OpenGov’s innovative technology, accomplished personnel, market leadership, and mission-first approach precisely address the growing challenges inherent in public administration,” he said in a statement. “We are thrilled at the opportunity to partner with OpenGov to accelerate its growth and continue modernizing how this important sector operates.”

It will be interesting to see how and if the company uses the funding to consolidate in its particular area of enterprise technology. There are other firms like LiveStories that have also been building services to help better present civic data to the public that you could see as complementary to what OpenGov is doing. OpenGov has made acquisitions in the past, such as Ontodia to bring more open-source data and technology into its platform.

Kabbage acquires Radius Intelligence, the marketing tech firm with a database of 20M small businesses

Data is the new oil, as the saying goes, and today Kabbage — a fintech startup backed by SoftBank that has built a business around lending up to $250,000 to small and medium enterprises, using AI-based algorithms to help determine the terms of the loan — is picking up an asset to expand its own data trove as it looks to expand into further SMB financial services. The company has acquired Radius Intelligence, the marketing technology firm that has built a database of information on some 20 million small and medium businesses in the U.S.

Terms of the deal are not being disclosed, but notably, it comes on the heels of a sightly tumultuous period for Radius . Last year, the company announced a merger with its big competitor Leadspace, only to quietly cancel the deal three months later. Then two months after that, it replaced its longtime CEO.

Radius — which is backed by some $120 million from investors that include Founders Fund, David Sacks, Salesforce Ventures, AME Cloud Ventures and the actor Jared Leto, among others — last had a valuation of around $200 million, according to PitchBook, but that was prior to these events. Kabbage, meanwhile, has raised hundreds of millions in equity and debt and is valued at more than $1 billion. The deal will be financed off Kabbage’s own balance sheet and will not require the company to raise more funds, I understand.

Rob Frohwein, Kabbage’s co-founder and CEO, said in an interview that the plan is to integrate Radius’ tech and IP into the Kabbage platform — the task will be overseen by Radius’ current CEO, Joel Carusone — as well as Radius’ tech team of 20 engineers, who will work for the Atlanta-based startup out of its office in San Francisco.

He also added that Radius’ current products — which include market intelligence and contact information for employees at SMBs in the U.S., along with a host of related solutions, which up to now had been gathered both via public sources and the businesses updating the information themselves; as well as the technology for merging disparate sources of data and ferreting out the “valid” pieces that are worth retaining and throwing out what is out of date — will not be sold any longer via Radius. From now on, there will be only one customer for all that data: Kabbage itself (the company had already been a user of Radius’ data to help its own marketing team connect with new and and existing customers).

“We have known the company for a long time,” said Frohwein. Other customers that Radius lists on its site include Square, American Express, LendingTree, FirstData, MetLife, Sam’s Club, Yahoo and more.

This doesn’t mean that Kabbage might not offer the SMB intelligence in a format to businesses directly via its own platform at some point, but it also means that as Kabbage expands into services that might compete with some of Radius’ now-former customers — payments and merchant acquirer services, as well as tools to help SMBs grow their own customer funnels are some that are on the cards for the coming months — it will have an edge on them because of the data on users that it will now own.

The deal underscores two bigger trends among startups that focus on enterprise customers. First, it points to  ongoing consolidation in the world of marketing tech, in part as businesses look for ways to better compete against the likes of Microsoft and Salesforce, which are also continually building out their stacks of services. And we likely will see more activity from stronger fintech companies keen to expand their platforms to provide more touchpoints and revenue streams from existing customers, as well as more services to expand the customer base overall.

“We’re thrilled to join the Kabbage team. As a company dedicated to small business analytics and data management, we’ve always had a deep respect for Kabbage’s data-driven technology and focus,” Radius CEO Carusone said in a statement. “Our companies have complementary technical architectures and domain experience for decision making. With Kabbage, we can build a more sophisticated analytics solution to identify, reach and serve small businesses.”

Kabbage itself is not looking for new funding at the moment, Frohwein said, but he added also that it is on a fast trajectory at the moment but still a ways away from an IPO, so I wouldn’t discount more raises in the future. The company is currently on track to see revenues up 40% versus last year, with customers up 60%.

“We’re always looking to grow,” he said.

Marc Benioff will discuss building a socially responsible and successful startup at TechCrunch Disrupt

Salesforce chairman, co-founder and CEO Marc Benioff took a lot of big chances when he launched the company 20 years ago. For starters, his was one of the earliest enterprise SaaS companies, but he wasn’t just developing a company on top of a new platform, he was building one from scratch with social responsibility built-in.

Fast-forward 20 years and that company is wildly successful. In its most recent earnings report, it announced a $4 billion quarter, putting it on a $16 billion run rate, and making it by far the most successful SaaS company ever.

But at the heart of the company’s DNA is a charitable streak, and it’s not something they bolted on after getting successful. Even before the company had a working product, in the earliest planning documents, Salesforce wanted to be a different kind of company. Early on, it designed the 1-1-1 philanthropic model that set aside 1% of Salesforce’s equity, and 1% of its product and 1% of its employees’ time to the community. As the company has grown, that model has serious financial teeth now, and other startups over the years have also adopted the same approach using Salesforce as a model.

In our coverage of Dreamforce, the company’s enormous annual customer conference, in 2016, Benioff outlined his personal philosophy around giving back:

You are at work, and you have great leadership skills. You can isolate yourselves and say I’m going to put those skills to use in a box at work, or you can say I’m going to have an integrated life. The way I look at the world, I’m going to put those skills to work to make the world a better place.

This year Benioff is coming to TechCrunch Disrupt in San Francisco to discuss with TechCrunch editors how to build a highly successful business, while giving back to the community and the society your business is part of. In fact, he has a book coming out in mid-October called Trailblazer: The Power of Business as the Greatest Platform for Change, in which he writes about how businesses can be a positive social force.

Benioff has received numerous awards over the years for his entrepreneurial and charitable spirit, including Innovator of the Decade from Forbes, one of the World’s 25 Greatest Leaders from Fortune, one of the 10 Best-Performing CEOs from Harvard Business Review, GLAAD, the Billie Jean King Leadership Initiative for his work on equality and the Variety Magazine EmPOWerment Award.

It’s worth noting that in 2018, a group of 618 Salesforce employees presented Benioff with a petition protesting the company’s contract with the Customs and Border Patrol (CBP). Benioff in public comments stated that the tools were being used in recruitment and management, and not helping to separate families at the border. While Salesforce did not cancel the contract, at the time, co-CEO Keith Block stated that the company would donate $1 million to organizations helping separated families, as well as match any internal employee contributions through its charitable arm, Salesforce.org.

Disrupt SF runs October 2 to October 4 at the Moscone Center in the heart of San Francisco. Tickets are available here.

Did you know Extra Crunch annual members get 20% off all TechCrunch event tickets? Head over here to get your annual pass, and then email extracrunch@techcrunch.com to get your 20% discount. Please note that it can take up to 24 hours to issue the discount code.

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Mews grabs $33M Series B to modernize hotel administration

If you think about the traditional hotel business, there hasn’t been a ton of innovation. You mostly still stand in a line to check in, and sometimes even to check out. You let the staff know about your desire for privacy with a sign on the door. Mews believes it’s time to rethink how hotels work in a more modern digital context, especially on the administrative side, and today it announced a $33 million Series B led by Battery Ventures.

When Mews Founder Richard Valtr started his own hotel in Prague in 2012, he wanted to change how hotels have operated traditionally. “I really wanted to change the way that hotel systems are built to make sure that it’s more about the experience that the guest is actually having, rather than facilitating the kind of processes that hotels have built over the last hundred years,” Valtr told TechCrunch.

He said most of the innovation in this space has been in the B2C area, using Airbnb as a prime example. He wants to bring that kind of change to the way hotels operate. “That’s essentially what Mews is trying to do. [We want to shift the focus to] the fundamental things about why we love to travel and why people actually love to stay in hotels, experience hotels, and be cared for by professional staff. We are trying to do that in a way that that actually delivers a really meaningful experience and personalized experience to that one particular customer,” he explained.

For starters, Mews is a cloud-based system that automates a lot of the manual tasks like room assignments that hotel staff at many hotels often still have to handle as part of their jobs. Valtr believes by freeing the staff from these kinds of tedious activities, it enables them to concentrate more on the guests.

It also offers ways for guests and hotels to customize their stays to get the best experience possible. Valtr says this approach brings a new level of flexibility that allows hotels to create new revenue opportunities, while letting guests choose the kind of stay they want.

From a guest perspective, they could by-pass the check-in process altogether, sharing all of their registration details ahead of time, and then getting a pass code sent to their phone to get into the room. The system integrates with third-parting hotel book sites like Booking.com and Expedia, as well as other services, through its open hospitality API, which offers lots of opportunities for properties to partner with local businesses.

The company is currently operating at 1000 properties across 47 countries, but it lacks a presence in the US and wants to use this round to open an office in NYC and expand into this market.”We really want to attack the US market because that’s essentially where most of the decision makers for all of the major chains are. And we’re not going to change the industry if we don’t actually change the thinking of the biggest brands,” Valtr said.

Today, the company has 270 employees spread across 10 offices around the world. Headquarters are in Prague and London, but the company is in the process of opening that NYC office, and the number of employees will expand when that happens.

SAP & Pricefx cover hot topics at TechCrunch’s Sept. 5 Enterprise show in SF

You can’t talk enterprise software without talking SAP, one of the giants in a $500 billion industry. And not only will SAP’s CEO Bill McDermott share insights at TC Sessions: Enterprise 2019 on September 5, but the company will also sponsor two breakout sessions.

The editors will sit down with McDermott and talk about SAP’s quick growth due, in part, to several $1 billion-plus acquisitions. We’re also curious to hear about his approach to acquisitions and his strategy for growing the company in a quickly changing market. No doubt he’ll weigh in on the state of enterprise software in general, too.

Now about those breakout sessions. They run in parallel to our Main Stage set and we have a total of two do-not-miss presentations for you to enjoy. On September 5, you’ll enjoy three breakout sessions –two from SAP and one from Pricefx. You can check out the agenda for TC Sessions: Enterprise, but we want to shine the light on the sponsored sessions to give you a sense of the quality content you can expect:

  • Innovating for a Super-Human Future 
    Martin Wezowski (SAP)
    We talk about change, but what are the mechanics and the dynamics behind it? And how fast is it? The noted futurist will discuss what it means to be an innovator is transforming faster than before, and this transformation is deeply rooted in the challenges and promises between cutting-edge tech and humanism. The symbiosis between human creativity & empathy and machine intelligence opens new worlds for our imagination in a time when “now” has never been so temporary, and helps us answer the question: “What is human, and what is work in a superhuman future?” (Sponsored by SAP)
  • Pricing from Day One
    Madhavan Ramanujam (Simon-Kucher & Partners, Gabriel Smith) and Darius Jakubik (Pricefx) A key ingredient distinguishing top performing companies is clear focus on price. To maximize revenue and profits, pricing should be a C-level / boardroom consideration. To optimize pricing, you should think about price when determining which products and features to bring to market; put the people, process and technology in place to optimize it; and maintain flexibility to adjust strategy and tactics to respond to changing markets. By doing so, companies unlock the single greatest profit lever that exists. (Sponsored by Pricefx)
  • Cracking the Code: From Startup to Scaleup in Enterprise Software 
    Ram Jambunathan (SAP.iO), Lonnie Rae Kurlander (Medal), Caitlin MacGregor (Plum) and Dimitri Sirota (BigID) The startup journey is hard. Data shows that 70% of upstart tech companies fail, while only 1% of these startups will go on to gain unicorn status. Success in enterprise software often requires deep industry experience, strong networks, brutally efficient execution and a bit of luck. This panel brings together three successful SAP.iO Fund-backed enterprise startups for an open discussion on lessons learned, challenges of scaling and why the right strategic investors or partners can be beneficial even at early stages. (Sponsored by SAP)

TC Sessions: Enterprise 2019 takes place in San Francisco on September 5. It’s a jam-packed day (agenda here) filled with interviews, panel discussions and breakouts — from some of the top minds in enterprise software. Buy your ticket today and remember: You receive a free Expo-only pass to TechCrunch Disrupt SF 2019 for every ticket you buy.

How to move from VP of Sales to CRO with leading exec recruiter David Ives

It wasn’t so long ago that sales meant just showing up with a deck and a smile. These days, it seems that sales leaders almost need a PhD in statistics just to get through the typical day managing a sales funnel. From SQLs and MQLs to NDRR and managing overall retention, the roles of VP of Sales and Chief Revenue Officers (CROs) are evolving rapidly in tandem with the best practices of SaaS startups.

Few people know this world better than David Ives, who is a partner at True Search, one of the top executive recruiting firms in the country where he co-leads the go-to-market practice. David has led countless CRO and VP of Sales searches, and in the process, has learned not just what CEOs and boards are looking for, but also the kinds of skills that candidates need to shine in these important career inflection points.

David Ives Photo

David Ives. Image via True Search

In our conversation, we talk about the evolving nature of the sales org, how leaders can best position themselves for future advancement, what companies are looking for today in new executive sales hires, and compensation changes in the industry.

This interview has been extensively edited and condensed for clarity

Introduction and background

Danny: Why don’t we start with your background — how did you get into recruiting?

David: So my background was definitely unique. I started as an enterprise sales rep of the truest form selling subscription-based data analytics and systems into capital markets, so into investment banks, trading desks, hedge funds, asset managers, portfolio managers — you name it. Then I drifted purposely, intentionally away from capital markets and did about four different growth technology companies. I landed at NewsCred, and it was a neat time — it was really the birth of the startup landscape with the whole Flatiron district in New York.

Later, I was looking for my next CRO opportunity and was networking with some of the investor folks that I knew. I had a friend of mine who was a talent partner at a private equity firm who said to me, “I’ve always thought that you’d be really good at this and we’re starting to push for our search firms to have operators.” I went and met with Brad and Joe [founders of True], and three weeks later I was in the seat.

Danny: That’s great. And what do you do at True?

David: Well, we moved to a specialization model right when I got here. I don’t know if I was the test case or not, but I didn’t know search, so my skillset was that I knew the role. I run our go-to-market practice with another partner, and we have probably 40, 45 people in that group. We focus exclusively on sales, marketing, customer success, we’ll do biz dev. I probably skew more to CRO than anything else, but I do CMO and VP of marketing as well, and then I do a handful of business development, chief client officers, and VPs of customer success a year. That’s my mix basically.

What is the skillset of a modern CRO?

Danny: You’ve been in the sales leadership space for a long time, and you’ve been in the recruiting space for a couple of years. What are some of the changes that you’re seeing today in terms of candidates, skills, and experiences?

David: I think a big change has been from what I call a backend pipeline manager to what I would call a full funnel manager.

ThoughtSpot hauls in $248M Series E on $1.95B valuation

ThoughtSpot was started by a bunch of ex-Googlers looking to bring the power of search to data. Seven years later the company is growing fast, sporting a fat valuation of almost $2 billion and looking ahead to a possible IPO. Today it announced a hefty $248 million Series E round as it continues on its journey.

Investors include Silver Lake Waterman, Silver Lake’s late-stage growth capital fund, along with existing investors Lightspeed Venture Partners, Sapphire Ventures and Geodesic Capital. Today’s funding brings the total raised to $554 million, according to the company.

The company wants to help customers bring speed to data analysis by answering natural language questions about the data without having to understand how to formulate a SQL query. As a person enters questions, ThoughSpot translates that question into SQL, then displays a chart with data related to the question, all almost instantly (at least in the demo).

It doesn’t stop there though. It also uses artificial intelligence to understand intent to help come up the exact correct answer. ThoughtSpot CEO Sudheesh Nair says that this artificial intelligence underpinning is key to the product. As he explained, if you are looking for the answer to a specific question, like “What is the profit margin of red shoes in Portland?,” there won’t be multiple answers. There is only one answer, and that’s where artificial intelligence really comes into play.

“The bar on delivering that kind of answer is very high and because of that, understanding intent is critical. We use AI for that. You could ask, ‘How did we do with red shoes in Portland?’ I could ask, ‘What is the profit margin of red shoes in Portland?’ The system needs to know that we both are asking the same question. So there’s a lot of AI that goes behind it to understand the intent,” Nair explained.

image 10

Image: ThoughtSpot

ThoughtSpot gets answers to queries by connecting to a variety of internal systems, like HR, CRM and ERP, and uses all of this data to answer the question, as best it can. So far, it appears to be working. The company has almost 250 large-company customers, and is on a run rate of close to $100 million.

Nair said the company didn’t necessarily need the money, with $100 million still in the bank, but he saw an opportunity, and he seized it. He says the money gives him a great deal of flexibility moving forward, including the possibility of acquiring companies to fill in missing pieces or to expand the platform’s capabilities. It also will allow him to accelerate growth. Plus, he sees the capital markets possibly tightening next year and he wanted to strike while the opportunity was in front of him.

Nair definitely sees the company going public at some point. “With these kind of resources behind us, it actually opens up an opportunity for us to do any sort of IPO that we want. I do think that a company like this will benefit from going public because Global 2000 kind of customers, where we have our most of our business, appreciate the transparency and the stability represented by public companies,” he said.

He added, “And with $350 million in the bank, it’s totally [possible to] IPO, which means that a year and a half from now if we are ready to take the company public, we can actually have all options open, including a direct listing, potentially. I’m not saying we will do that, but I’m saying that with this kind of funding behind us, we have all those options open.”

ReadMe scores $9M Series A to help firms customize API docs

Software APIs help different tools communicate with one another, let developers access essential services without having to code it themselves, and are critical components for driving a platform-driven strategy. Yet they require solid documentation to help make the best use of them. ReadMe, a startup that helps companies customize their API documentation, announced a $9 million Series A today led by Accel with help from Y Combinator. The company was part of the Y Combinator Winter 2015 cohort.

Prior to today’s funding announcement, the company had taken just a $1.2 million Seed round in 2014. Today, it reports 3000 paying customers and that it’s been profitable for the last several years, an unusual position for a startup. In spite of this success, co-founder and CEO Gregory Koberger said as the company has taken on larger customers, they have more sophisticated requirements, and that prompted them to take this round of funding.

In addition, it has expanded the platform to use a company’s API logs to help create more dynamic documentation and improve customer support kinds of scenarios. But by taking on data from other companies, it needs to make sure the data is secure, and today’s funding will help in that regard.

“We’re going to still build the company traditionally by hiring more engineers, more support people, more designers, the obvious stuff, but the main impetus for doing this was that we started working with bigger companies with more secure data. So a lot of the money is going to help make sure that we handle that right,” Koberger explained.

Screenshot 2019 08 28 10.55.38

Image: ReadMe

He says this ability to make use of the API logs has opened up all kinds of possibilities for the company as the data provides a valuable window into how people use the APIs. “It’s amazing how much you get by just actually seeing what the server sees. When people are having problems with an API, they can debug it themselves because they can actually see the problems, The support team can see it as well,” Koberger said.

Accel’s Dan Levine, whose firm is leading the investment believes that having good documentation is the difference between making and breaking an API. “APIs don’t just create technical integration, they create ecosystems around core services and underpin corporate partnerships that generate billions of dollars. ReadMe is as much a strategy as it is a service for businesses. Providing clean, interactive, data-driven API documentation to make developers love working with you can be the difference between 100 partnerships or 1000 partnerships,” Levine said.

ReadMe was founded in 2014. It has 22 employees in their San Francisco offices, a number that should increase with today’s funding.

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.