Landscape Management Systems, Inc. (N40192-25-R-5000)
Case: B-423523.6
Agency:
Denied
B-423523.5,B-423523.6
Jan 23, 2026
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Highlights
Landscape Management System, Inc. (LMS), a small business of Tamuning, Guam, protests the award of a contract to NOREAS, Inc., a small business of Irvine, California, under request for proposals (RFP) No. N40192-25-R-5000, issued by the Department of the Navy's Naval Facilities Engineering Command (NAVFAC) for hazardous waste services. The protester contends the agency failed to implement the corrective action the Navy represented it would take in response to an earlier protest filed by LMS with our Office. The protester also challenges the agency's new award decision, primarily taking issue with the evaluation of LMS's proposal as ineligible for award and related conduct of discussions. Additionally, the protester presents numerous arguments contesting the evaluation of the awardee's proposal and the resulting best-value tradeoff.
We deny the protest in part and dismiss the protest in part.
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Decision
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release.
Matter of: Landscape Management System, Inc.
File: B-423523.5; B-423523.6
Date: January 23, 2026
Brian A. Darst, Esq., for the protester.
Douglas L. Patin, Esq., and Erik M. Coon, Esq., Bradley Arant Boult Cummings LLP, for NOREAS, Inc., the intervenor.
Rebecca J. Wrightson, Esq., Department of the Navy, for the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest taking issue with agency's failure to reopen discussions during corrective action is denied where agency reasonably concluded reopening discussions was not necessary to address errors in the procurement.
2. Protest contentions that evaluation of proposals was unreasonable and that conduct of discussions was unequal, misleading, and non-meaningful are denied where record shows evaluation was consistent with the terms of solicitation and provided no basis to object to agency's conduct discussions with offerors.
3. Protest challenging various aspects of evaluation of awardee's proposal and best‑value tradeoff is dismissed where protester is ineligible for award, and, thus, not an interested party to raise these challenges.
DECISION
Landscape Management System, Inc. (LMS), a small business of Tamuning, Guam, protests the award of a contract to NOREAS, Inc., a small business of Irvine, California, under request for proposals (RFP) No. N40192-25-R-5000, issued by the Department of the Navy's Naval Facilities Engineering Command (NAVFAC) for hazardous waste services. The protester contends the agency failed to implement the corrective action the Navy represented it would take in response to an earlier protest filed by LMS with our Office. The protester also challenges the agency's new award decision, primarily taking issue with the evaluation of LMS's proposal as ineligible for award and related conduct of discussions. Additionally, the protester presents numerous arguments contesting the evaluation of the awardee's proposal and the resulting best-value tradeoff.
We deny the protest in part and dismiss the protest in part.
BACKGROUND
On December 5, 2024, using the procedures of Federal Acquisition Regulation (FAR) part 15, the agency issued the solicitation as a small business set-aside. Agency Report (AR), Tab 3a, RFP at 1-2.[1] The solicitation sought proposals for the provision of “environmental services for hazardous waste, hazardous material, other regulated waste, and spill response for all Supported Components and Tenant Commands under Joint Region Marianas (JRM),” which includes Naval Base Guam, Andersen Air Force Base, Marine Corps Base Camp Blaz, and Joint Region Marianas offices, all located in Guam. Id. at 9, 12.
The solicitation contemplated the award of a single fixed-price, indefinite‑delivery, indefinite-quantity (IDIQ) contract. RFP at 3. The IDIQ contract anticipated a 1-year base period of performance (which included a 1-month mobilization period) and four 1‑year option periods. Id. at 3, 12, 53. In conjunction with award of the IDIQ contract, the agency intended to concurrently issue a task order for the mobilization and base period of performance, which would satisfy the contract's minimum guarantee. Id. at 3. The total contract value for the base and all option periods would not exceed $30 million. Id.
The solicitation established award would be made on a best-value tradeoff basis considering the following factors: (1) recent, relevant experience; (2) technical and management approach; (3) safety; (4) past performance; and (5) price. RFP at 55-56. Past performance was the most important non-price factor and was equal in importance to the three other non-price factors combined. Id. at 55.
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