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IntelliBridge LLC and its subsidiary RevaComm Inc. have asked a federal judge to halt the Centers for Medicare and Medicaid Services (CMS) from advancing solicitations to replace their existing batCAVE and Signal software. The companies argue that these platforms already meet CMS's needs and that the agency failed to comply with procurement laws requiring preference for commercial and nondevelopmental products.

In a motion filed Wednesday with the U.S. Court of Federal Claims, IntelliBridge alleged that CMS disregarded its obligations under 41 U.S.C. Section 3307 to perform proper market research and determine the practicability of using existing solutions before developing new software. The batCAVE software supports cybersecurity compliance for applications, while Signal manages security compliance scheduling. Both platforms, initially modeled on software developed for the Air Force, are currently in use by CMS.

"CMS has used batCAVE with great success," the motion stated. "However, rather than continuing with batCAVE, CMS has decided to develop a new platform to meet these same requirements."

The companies claim CMS’s decision stems from internal conflicts within the agency, where officials resistant to batCAVE's implementation are leveraging leadership changes to push for a new developmental platform that their office would oversee. IntelliBridge further argued that there is no evidence in the administrative record to justify abandoning batCAVE for a new solution.

"There is no finding that it would somehow be 'impracticable' to use batCAVE," the motion added.

CMS, represented by the U.S. Department of Justice, disputed IntelliBridge's claims. The government argued that the agency had met all statutory requirements and was not obligated to prioritize batCAVE during market research.

"The court should not second guess the agency's process for determining how best to meet its requirements," the government said in its filing.

It further contended that IntelliBridge's interpretation of Section 3307 imposes non-existent requirements and that batCAVE does not qualify as a commercial product under federal definitions.

The companies are represented by Boies Schiller Flexner LLP, while the government’s legal team includes attorneys from the U.S. Department of Justice’s Civil Division.

The case, IntelliBridge LLC et al. v. United States of America, is docketed as case number 1:24-cv-01204 in the U.S. Court of Federal Claims.