Enviremedial Services, Inc.
Case: B-423552.3
Agency:
Date: 2026-03-24
Denied
B-423552.3
Mar 24, 2026
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Highlights
Enviremedial Services, Inc. (ESI), a small business of Oceanside, California, protests the award of a contract to BryMak & Associates, Inc., a small business of Clarksville, Tennessee, under request for proposals (RFP) No. W912HP25R1000, issued by the Department of the Army, Corps of Engineers (Corps), for preventative maintenance, repair work, and other facilities services at locations across Georgia, North Carolina, and South Carolina. The protester challenges the agency's evaluation of past performance and the resulting source selection decision.
We deny the protest.
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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.
Decision
Matter of: Enviremedial Services, Inc.
File: B-423552.3
Date: March 24, 2026
Anuj Vohra, Esq., Issac D. Schabes, Esq., and Emily P. Golchini, Esq., Crowell & Moring LLP, for the protester.
Lucas T. Hanback, Esq., Jules L. Szanton, Esq., and Timothy A. Wieroniey, Esq, Rogers Joseph O'Donnell, PC, for BryMak & Associates, Inc., the intervenor.
Michael P. Wilt, Esq., Department of the Army, for the agency.
Christopher Alwood, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging agency's evaluation of past performance relevance is dismissed as untimely where the protester raised the protest ground in a prior protest, our Office denied it, and the protester did not timely request reconsideration of our prior decision.
2. Protest challenging agency's evaluation of past performance is denied where the evaluation was reasonable and consistent with the solicitation's terms.
3. Protest challenging agency's best-value tradeoff is denied where the agency's tradeoff was reasonable, adequately documented, and consistent with the terms of the solicitation.
DECISION
Enviremedial Services, Inc. (ESI), a small business of Oceanside, California, protests the award of a contract to BryMak & Associates, Inc., a small business of Clarksville, Tennessee, under request for proposals (RFP) No. W912HP25R1000, issued by the Department of the Army, Corps of Engineers (Corps), for preventative maintenance, repair work, and other facilities services at locations across Georgia, North Carolina, and South Carolina. The protester challenges the agency's evaluation of past performance and the resulting source selection decision.
We deny the protest.
BACKGROUND
On February 10, 2025, the Corps issued the RFP as a small business set‑aside in accordance with the procedures of Federal Acquisition Regulation (FAR) part 15, seeking proposals to provide preventative maintenance, repair work, and other facilities services at 18 sites in Georgia, North Carolina, and South Carolina in support of the United States Army Reserve's 81st Readiness Division. Agency Report (AR), Tab 3, RFP at 1, 3; AR, Tab 9, Performance Work Statement at 1, 6, 157.[1] The solicitation contemplated the award of a fixed‑price, indefinite-delivery, indefinite-quantity contract for a 12‑month base period and four 12‑month option periods. RFP at 3; Memorandum of Law (MOL) at 1.
The solicitation provided for the contract to be awarded to the offeror whose proposal represented the best value to the agency, considering price and two non-price factors, understanding of the work and past performance. RFP at 70. The solicitation stated that, for the purposes of the best-value tradeoff, the non-price factors, when combined, were “approximately equal in importance to price.” Id.
As relevant here, the agency was to evaluate proposals under the past performance factor by assessing the recency, relevancy, and quality of the offerors' past performance. Id. at 74‑76. The RFP instructed offerors to submit a minimum of three, but no more than five, relevant past performance contracts. Id. at 74. The RFP advised offerors that the past performance evaluation could utilize past performance information not submitted in the proposals, including information from sources such as the contractor performance assessment reporting system (CPARS) database. Id. at 75. The RFP mandated that a past performance reference would only be considered relevant if it was awarded to an offeror, or its team member, as a prime contractor.[2] Id. at 72.
The solicitation stated that each reference would be evaluated to confirm its relevancy. Id. at 74. In evaluating relevance, the agency was to consider how similar the contract's service, complexity, dollar value, contract type, use of key personnel, and extent of subcontracting or teaming were to the instant requirement. Id. at 75. The agency was to assign each proposal a relevancy rating of very relevant, relevant, somewhat relevant, or not relevant.[3] Id.
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