Trilogy Secured Services, LLC (75F40124C00054)

B-422661.2 Nov 08, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Trilogy Secured Services, LLC, of Springfield, Virginia, requests that we recommend the reimbursement of costs it incurred in filing and pursuing its protest challenging the award of a sole-source contract to Birdi Systems, Inc., of Pasadena, California, under solicitation No. 75F40124C00054, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), for security installation and maintenance services. Trilogy argues that its protest was clearly meritorious, and that the agency unduly delayed taking corrective action. We deny the request. 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--Costs File: B-422661.2 Date: November 8, 2024 Camille Chambers, Esq., Ryan C. Bradel, Esq., and Chelsea A. Padgett, Esq., Ward & Berry, PLLC, for the requester. 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 Request for recommendation that protest costs be reimbursed is denied where the challenge to the award of a sole-source contract is not clearly meritorious. DECISION Trilogy Secured Services, LLC, of Springfield, Virginia, requests that we recommend the reimbursement of costs it incurred in filing and pursuing its protest challenging the award of a sole‑source contract to Birdi Systems, Inc., of Pasadena, California, under solicitation No. 75F40124C00054, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), for security installation and maintenance services. Trilogy argues that its protest was clearly meritorious, and that the agency unduly delayed taking corrective action. We deny the request. BACKGROUND On October 25, 2021, the FDA issued a request for proposals (RFP) for support services to secure FDA facilities nationwide. The solicitation sought to award an indefinite-delivery, indefinite-quantity (IDIQ) fixed-price contract to provide the complete range of technical services to support the maintenance of existing hardware as well as the installation of new security systems. Trilogy Secured Servs., LLC, B 420833.9, B‑420833.10, July 18, 2024, 2024 CPD ¶ 152 at 1-2; Memorandum of Law (MOL) at 2.[1] The procurement was subject to multiple rounds of protest and corrective action taken by the agency. Trilogy Secured Servs., LLC, B‑420833.9, B-420833.10, supra. As a result of the most recent evaluation, the agency awarded the IDIQ contract to Birdi Systems, Inc. Id. at 3. On April 22, 2024, Trilogy protested the award at our Office, which was docketed as B-420833.9. Id. Because performance on the newly awarded contract was stayed pending resolution of the protest and the existing contract was due to expire, the FDA awarded Birdi a sole-source interim (bridge) contract on May 20 to maintain continuity of needed services. MOL at 3. Trilogy subsequently protested the award of the sole-source bridge contract on June 17, arguing that the agency’s justification for the sole-source award was inadequate. Trilogy Secured Servs., LLC, B‑422661, July 31, 2024 (unpublished decision). In response to the protest of the sole-source award (B-422661), the agency submitted its memorandum of law and agency report to our Office on July 17. On July 18, our Office issued a decision denying Trilogy’s protest challenging the award of the IDIQ contract to Birdi. Trilogy Secured Servs., LLC, B‑420833.9, B-420833.10, supra. On July 24, the FDA requested that our Office dismiss, as academic, Trilogy’s protest (B-422661) challenging the award of the sole-source bridge contract. Req. for Dismissal at 2. The agency explained that because performance could now continue under the recently awarded IDIQ contract, there was no longer a need for the bridge contract, and the FDA advised that it intended to terminate the bridge contract for convenience of the government. Id. We dismissed the protest as academic on July 31. Trilogy Secured Servs., LLC, B-422661, supra. Thereafter, on August 15, Trilogy filed this request for our recommendation that it be reimbursed its protest costs in pursuing the challenge to the award of the sole-source bridge contract. DISCUSSION Trilogy contends that reimbursement is warranted because its protest included clearly meritorious grounds, and because the agency’s corrective action, which was taken after the agency filed its report, was unduly delayed. Req. for Costs at 3. The agency objects to the request, arguing that the protest grounds were not clearly meritorious. Opp. to Req.