60207

Phoenix Data Solutions LLC f/k/a Aetna Government Health Plans

October 2, 2018Judge D'Alessandris
Sustained / Appellant PrevailedCost Allowability / Allocability (FAR 31)DCAA InvolvedDCMA Involved

Phoenix Data Solutions LLC appealed a deemed denial of its claim for costs incurred under a terminated TRICARE managed care support contract. The Board awarded the appellant $11,216,011 plus interest.

Material Facts

  • In July 2009, the TRICARE Management Activity awarded the TRICARE managed care support contract for the Northeast region to Phoenix Data Solutions LLC.
  • The incumbent contractor protested the award, leading to a stop-work order issued by DHA.
  • GAO sustained the protest on several bases, including an organizational conflict of interest.
  • DHA terminated AGHP's contract for convenience in May 2010, more than nine months after the stop-work order.
  • AGHP submitted its claim in July 2015 after DHA failed to issue a final decision.
  • The Board conducted an eight-day hearing in March 2017, where AGHP presented evidence supporting its claimed costs.

Parties

Appellant
Phoenix Data Solutions LLC f/k/a Aetna Government Health Plans
Respondent Agency
Defense Health Agency
Contract Number
H94002-09-C-0008
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