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PGBA, LLC v. U.S.

No. 04-5101.

389 F.3d 1219 (2004)

PGBA, LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Wisconsin Physicians Service Insurance Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: November 22, 2004.

Attorney(s) appearing for the Case

Kathleen E. Karelis, Miller & Chevalier Chartered, of Washington, DC, argued for plaintiff-appellant. On counsel were W. Jay DeVecchio and Lisanne E.S. Cottington.

Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Brian M. Simkin, Assistant Director.

Steven S. Diamond, Arnold & Porter LLP, of Washington, DC, argued for defendant-appellee, Wisconsin Physicians Service Insurance Corporation. Of counsel on the brief were Walter F. Zenner, Jr., Marc A. Stanislawczyk, Joseph M. Catoe and Matthew H. Solomson.

Before RADER, SCHALL, and PROST, Circuit Judges.

SCHALL, Circuit Judge.

This is a post-award bid protest case. On September 6, 2002, the Department of Defense, Military Health Care System, TRICARE Management Activity ("TMA"), issued a request for proposals ("RFP") for a contract for the handling of claims processing for certain beneficiaries under a military health care benefits program known as "TRICARE." Plaintiff-Appellant PGBA, LLC ("PGBA"), submitted a proposal in response to the RFP, as did Wisconsin Physicians...

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