ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA, LLC; Humana Military Healthcare Services, Inc., B-292981; B-292981.2; B-292981.3; B-292981.4; B-292981.5; B-292981.6; B-292981.7; B-292981.8; B-292981.9 B-292981.10, January 9, 2004
Case: B-292981
Agency:
Protester: ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA, LLC; Humana Military Healthcare Services, Inc., B
Date: 2004-01-09
Denied
ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA, LLC; Humana Military Healthcare Services, Inc., B-292981; B-292981.2; B-292981.3; B-292981.4; B-292981.5; B-292981.6; B-292981.7; B-292981.8; B-292981.9 B-292981.10, January 9, 2004
TITLE: ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA, LLC; Humana Military Healthcare Services, Inc., B-292981; B-292981.2; B-292981.3; B-292981.4; B-292981.5; B-292981.6; B-292981.7; B-292981.8; B-292981.9 B-292981.10, January 9, 2004
BNUMBER: B-292981; B-292981.2; B-292981.3; B-292981.4; B-292981.5; B-292981.6; B-292981.7; B-292981.8; B-292981.9 B-292981.10
DATE: January 9, 2004
**********************************************************************
ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA, LLC;
Humana Military Healthcare Services, Inc., B-292981; B-292981.2; B-292981.3;
B-292981.4; B-292981.5; B-292981.6; B-292981.7; B-292981.8; B-292981.9
B-292981.10, January 9, 2004
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: ACS State Healthcare, LLC; PharmaCare Government Services,
Inc.; PGBA, LLC; Humana Military Healthcare Services, Inc.
File: B-292981; B-292981.2; B-292981.3; B-292981.4; B-292981.5;
B-292981.6; B-292981.7; B-292981.8; B-292981.9 B-292981.10
Date: January 9, 2004
Robert J. Sherry, Esq., Kathleen M. Paralusz, Esq., Dylan B. Carp, Esq.,
and Marc R. Baluda, Esq., Kirkpatrick & Lockhart, for ACS State
Healthcare, LLC; Gerard R. Doyle, Esq., and Ron R. Hutchinson, Esq., Doyle
& Bachman, for PharmaCare Government Services, Inc.; Kathleen E. Karelis,
Esq., W. Jay Devecchio, Esq., Robert K. Huffman, Esq., Lisanne S.
Cottington, Esq., Edward Jackson, Esq., Christine S. Ricci, Esq., Jeffrey
C. Walker, Esq., and Alexa Zevitas, Esq., Miller & Chevalier, for PGBA,
LLC; Thomas P. Barletta, Esq., Peter L. Wellington, Esq., Daniel C. Sauls,
Esq., Paul R. Hurst, Esq., Michael C. Drew, Esq., Paul I. Lieberman, Esq.,
and Dianne L. Herz, Esq., Steptoe & Johnson, and Alan C. Brown, Esq.,
Duane Morris, for Humana Military Healthcare Services, Inc., the
protesters.
Thomas B. Smith, Esq., Thomas M. Susman, Esq., Scott A. Shepard, Esq., and
Ryan M. Malone, Esq., Ropes & Gray; and Clayton S. Marsh, Esq., and Janice
C. Forsyth, Esq., for Express Scripts, Inc., the intervenor.
Lynn T. Burleson, Esq., and Kenneth S. Lieb, Esq., TRICARE Management
Activity, Department of the Defense, for the agency.
Sharon L. Larkin, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg,
Esq., Office of the General Counsel, GAO, participated in the preparation
of the decision.
DIGEST
1. In negotiated procurement under which the contractor will acquire
pharmaceuticals for Department of Defense (DoD) using DoD funds, and where
solicitation requests offerors to propose discount rates and dispensing
fees for pharmaceuticals in addition to their fixed prices, and provides
for evaluation of government*s projected future costs for pharmaceuticals
(*Total Expected Government Cost* (TEGC)) as a technical factor, agency
reasonably assessed likelihood that offerors could provide pharmaceuticals
at their proposed discount rates and dispensing fees; cost realism
analysis of offerors* TEGCs was not required, where solicitation did not
require such an analysis.
2. Source selection authority (SSA) performed reasonable cost/technical
tradeoff in determining the awardee*s proposal for supporting
pharmaceutical program represented best value, where the SSA*s judgment,
based upon the results of a reasonable, well-documented technical
evaluation, is set forth in a detailed decision document that demonstrates
the SSA*s understanding of the evaluated strengths and weaknesses of the
respective proposals, and that shows a reasonable weighing of the
offerors* respective technical and price advantages consistent with the
solicitation*s evaluation criteria.
DECISION
ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA,
LLC; and Humana Military Healthcare Services, Inc. protest the award of a
contract to Express Scripts, Inc. (ESI), under request for proposals (RFP)
No. MDA906-03-R-0002, issued by the TRICARE Management Activity,
Department of the Defense (DoD), for support of the TRICARE Retail
Pharmacy (TRRx) program.
We deny the protests.
BACKGROUND
The TRICARE program is a managed health care program implemented by DoD
for active duty and retired members of the uniformed services, their
families, and survivors. 32 C.F.R. S: 199.17 (2003). TRICARE is a blend
of the military*s direct care system of hospitals and clinics (known as
Military Treatment Facilities) and the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS).
Full decision text continues on ProtestIntel...