AmerisourceBergen Corporation announced that the US Court of Federal Claims has issued a consent order, as agreed by the parties, delaying the implementation of the recent award of the Department of Veterans Affairs (VA) Pharmaceutical Prime Vendor contract to McKesson Corporation. The new contract was scheduled to begin April 1, 2004.

The court's order provides that AmerisourceBergen's wholly owned subsidiary, AmerisourceBergen Drug Corporation, will continue to service the VA for a transition period of 45 days after the Court of Federal Claims makes a decision on the company's recently filed challenge of the VA contract award. The order also provides that the court will make a decision on or before March 25, 2004, and that until March 25, 2004, McKesson is prohibited from purchasing inventory to prepare for the VA business, although it can continue other transition activities.

On January 21, 2004, AmerisourceBergen's subsidiary, AmerisourceBergen Drug Corporation, filed a complaint with Court of Federal Claims asking that the award of the VA's Pharmaceutical Prime Vendor contract to McKesson be overturned and instead awarded, in whole or in part, to AmerisourceBergen. In its complaint, the company asserts that the VA made improper evaluations and determinations concerning the offers it received for the new contract. The court has scheduled a hearing on the merits of the protest for March 11, 2004.