Red River Service Corporation, B-279250, May 26, 1998

B-279250 May 26, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Prior General Accounting Office decisions stating that major federal facilities are exempt from such ordinances will not be followed. The successful contractor will be required to provide solid waste collection and disposal services for Camp Pendleton. Camp Pendleton is located in an unincorporated area of San Diego County. Award of this solicitation is limited only to those contractors who are eligible to. Have a non-exclusive solid waste management agreement with the County of San Diego. /1/ Red River argues that the requirement that the successful contractor have a solid waste management agreement with San Diego County unduly restricts competition and is unnecessary because. Camp Pendleton is a "major federal facility" and as such is not required to comply with local requirements respecting the collection and disposal of solid waste. View Decision Matter of: Red River Service Corporation File: B-279250 Date: May 26, 1998 DIGEST Attorneys DECISION Red River Service Corporation protests the terms of invitation for bids (IFB) No. N68711-97-B-6401, issued by the Department of the Navy, for solid waste collection and disposal services for Camp Pendleton, San Diego County, California. We deny the protest. The IFB provides for the award of a fixed-price, indefinite-quantity contract for a base period of 1 year with four 1-year options. The successful contractor will be required to provide solid waste collection and disposal services for Camp Pendleton. Camp Pendleton is located in an unincorporated area of San Diego County, and includes approximately 5,784 residential housing units and numerous commercial buildings. The IFB, as amended, states: As required by the County of San Diego's Ordinance Number 8790, award of this solicitation is limited only to those contractors who are eligible to, or currently, have a non-exclusive solid waste management agreement with the County of San Diego. /1/ Red River argues that the requirement that the successful contractor have a solid waste management agreement with San Diego County unduly restricts competition and is unnecessary because, consistent with certain decisions of our Office, Camp Pendleton is a "major federal facility" and as such is not required to comply with local requirements respecting the collection and disposal of solid waste. In preparing for the procurement of supplies or services, the procuring agency must specify its needs and solicit bids or proposals in a manner designed to achieve full and open competition. 10 U.S.C. Sec. 2305(a)(1)(A)(i) (1994). A solicitation may include restrictive provisions only to the extent necessary to satisfy the needs of the agency or as otherwise authorized by law. 10 U.S.C. Sec. 2305(a)(1)(B)(ii) (1994). The agency explains that it interprets section 6001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. Sec. 6961 (1994), as requiring that it comply with San Diego County's local ordinances in obtaining solid waste collection and disposal services. Section 6001 of RCRA, 42 U.S.C. Sec. 6961(a) (1994), provides in pertinent part as follows: Each department, agency and instrumentality of the executive, legislative, and judicial branches of the Federal Government . . . engaged in any activity resulting, or which may result, in the disposal or management of solid waste or hazardous waste shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural . . . respecting control and abatement of solid waste or hazardous waste disposal and management in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. Our Office first considered the effect of 42 U.S.C. Sec. 6961 on procurements by federal agencies for waste disposal services in Monterey City Disposal Serv., Inc., B-218624, B-218880, Sept. 3, 1985, 85-2 CPD Para. 261, at the request of the United States District Court for the Northern District of California. In Monterey, we concluded that the Navy Postgraduate School and the Army Presidio of Monterey, federal facilities located within the city limits of Monterey, California, were required by 42 U.S.C. Sec. 6961 to comply with a city requirement that all inhabitants of the city have their solid waste collected by the city's exclusive franchisee. /2/ In reaching this conclusion, we noted that it was clear from the legislative history of 42 U.S.C. Sec. 6961 that its purpose was to require federal agencies to provide leadership in dealing with solid and hazardous waste disposal problems by having them comply not only with federal controls on the disposal of waste, but also with state and local controls as if they were private citizens. /3/ Monterey City Disposal Serv., Inc., supra, at 4. Our Office next substantively considered the effect of 42 U.S.C. Sec.