Trilogy Secured Services, LLC (75F40121R00039)

B-420833.9,B-420833.10 Jul 18, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Trilogy Secured Services, LLC, of Springfield, Virginia, protests the award of a contract to Birdi Systems, Inc., of Pasadena, California, under request for proposals (RFP) No 75F40121R00039, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), for security installment and maintenance services. The protester challenges the agency's technical evaluations of proposals and source selection decision. We deny the protest. View Decision 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: Trilogy Secured Services, LLC File: B-420833.9; B-420833.10 Date: July 18, 2024 Camille Chambers, Esq., Ryan C. Bradel, Esq., and Chelsea A. Padgett, Esq., Ward & Berry, PLLC, for the protester. Peter B. Ford, Esq., Katherine B. Burrows, Esq., Patrick T. Rothwell, Esq., and Kelly A. Kirchgasser, Esq., Piliero Mazza, PLLC, for Birdi Systems, Inc., the intervenor. Douglas Kornreich, Esq., and Eno-Obong Essien, Esq., Department of Health and Human Services, for the agency. Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's evaluation of proposals is denied where the agency's decision not to award strengths to the protester's proposal was reasonable and the agency did not treat offerors unequally. 2. Protest challenging the agency's best-value tradeoff decision is denied where the protester has not established that the underlying evaluation was unreasonable. DECISION Trilogy Secured Services, LLC, of Springfield, Virginia, protests the award of a contract to Birdi Systems, Inc., of Pasadena, California, under request for proposals (RFP) No 75F40121R00039, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), for security installment and maintenance services. The protester challenges the agency's technical evaluations of proposals and source selection decision. We deny the protest. BACKGROUND On October 25, 2021, using the procedures of Federal Acquisition Regulation (FAR) part 15 and subpart 12.6, the agency issued the solicitation as a total small business set aside for 8(a) firms.[1] Agency Report (AR), Tab 2.6, RFP at 2; Memorandum of Law (MOL) at 2.[2] The agency sought support services to secure FDA facilities nationwide. The solicitation, with an expected 5-year ordering period, anticipated the award of an indefinite-delivery, indefinite-quantity (IDIQ) fixed-price contract under which the FDA could obtain the complete range of technical services to support the maintenance of existing hardware as well as the installation of new security systems. RFP at 2, 6-7. Award was to be made on a best-value tradeoff basis, considering the following evaluation factors: (1) technical capability, (2) relevant experience, (3) management approach, (4) past performance, and (5) price. Id. at 36. Non-price factors were listed in order of descending importance and, when combined, were significantly more important than price. Id. at 35-36. The technical factor was comprised of two subfactors, listed in order of descending importance: (1) technical approach to the IDIQ; and (2) technical approach to the sample task order (TO) statement of work (SOW). Id. at 36. The agency made award on June 10, 2022, which resulted in protests filed by several different offerors. MOL at 2. In response, the agency notified our Office of its intent to take corrective action by reevaluating proposals and making a new source selection. Id. We dismissed those protests as academic on July 6, 2022.[3] The FDA reevaluated and issued a new selection decision on March 31, 2023. Id. That award also resulted in several protests. The agency once again took corrective action. This time, the FDA proposed to amend the solicitation to clarify the statement of work, allow offerors to submit revised proposals, reevaluate, and make a new award decision.[4] We dismissed those protests as academic on May 10, 2023. After that round of corrective action, the agency amended its solicitation requirements and the deadline for proposal submissions. Final proposals for the most current iteration of the solicitation were due by November 6, 2023. RFP at 32. The agency received revised proposals from three offerors, including proposals from Trilogy and Birdi. AR, Tab 6.1, Award Recommendation at 8.