PGBA, LLC v. United States

No. 03-2773-C (Apr. 22, 2004)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

PGBA, LLC v. United States

United States Court of Federal Claims
No. 03-2773-C (Apr. 22, 2004)

  • Written by Liz Nakamura, JD

Facts

TRICARE Management Activity (TMA) (defendant), issued a request for proposals (RFP) to provide claims-processing services to military dependents and retired servicemembers who were dual-eligible for TRICARE and Medicare under the TRICARE Dual Eligible Fiscal Intermediary Contract (TDEFIC). The RFP stated that proposals would be evaluated on three, equally weighted factors: (1) technical merit, including claims processing and data access; (2) past performance; and (3) cost. PGBA, LLC (plaintiff) and Wisconsin Physicians Service Insurance Corporation (WPS) both submitted responsive proposals. PGBA and WPS had the opportunity to submit revised, final proposals after discussions with TMA held following submission of the initial proposals. In response to feedback from TMA, PGBA revised its final proposal to specifically state how many government employees would have access to PGBA’s beneficiary claim processing data. TMA evaluated the final proposals in a multi-stage process, including a price/cost analysis. WPS submitted a higher cost proposal than PGBA did. In the evaluation, TMA (a) penalized PGBA for the specificity of its data-access plan; (b) rated PGBA and WPS equally on the claims-processing subfactor; (c) mistakenly calculated how much WPS would be able to recoup from cross-over fees paid to Medicare; and (d) determined that WPS’s higher cost was justified by its greater technical merit. TMA awarded the TDEFIC contract to WPS. PGBA filed a post-award bid challenge in the Court of Federal Claims seeking injunctive relief. By that time, the TDEFIC procurement process had been underway for approximately 18 months.

Rule of Law

Issue

Holding and Reasoning (Lettow, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership