Envirosolve LLC, B-294974.4, June 8, 2005

B-294974.4 Jun 08, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Envirosolve LLC challenges various actions by the Drug Enforcement Administration (DEA), Department of Justice, concerning the establishment of blanket purchase agreements (BPA) and the placement of purchase orders under the BPAs with various companies for hazardous waste cleanup services. As explained below, Envirosolve filed an earlier protest challenging DEAs actions; we dismissed that protest as academic based on DEAs promise of corrective action. Envirosolve now argues that we should reconsider our dismissal as a result of DEAs subsequent failure to implement the promised corrective action. Envirosolve also argues that DEAs failure to implement corrective action has resulted in the continued improper issuance of noncompetitive purchase orders for cleanup services. We sustain the protest. View Decision B-294974.4, Envirosolve LLC, June 8, 2005 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. Matter of: Envirosolve LLC File: B-294974.4 Date: June 8, 2005 Carolyn Callaway, Esq., for the protester. James E. Hicks., Esq., Drug Enforcement Administration, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agencys failure to implement corrective action in response to an earlier protest filed with the Government Accountability Office is sustained where the record shows that the agency failed to implement the corrective action it proposed to take in response to clearly meritorious issues raised in the original protest, such that protester was put to the expense of protesting a second time on the same ground. DECISION Envirosolve LLC challenges various actions by the Drug Enforcement Administration (DEA), Department of Justice, concerning the establishment of blanket purchase agreements (BPA) and the placement of purchase orders under the BPAs with various companies for hazardous waste cleanup services. As explained below, Envirosolve filed an earlier protest challenging DEAs actions; we dismissed that protest as academic based on DEAs promise of corrective action. Envirosolve now argues that we should reconsider our dismissal as a result of DEAs subsequent failure to implement the promised corrective action. Envirosolve also argues that DEAs failure to implement corrective action has resulted in the continued improper issuance of noncompetitive purchase orders for cleanup services. We sustain the protest. BACKGROUND DEAs mission of enforcing federal narcotics laws routinely results in the seizure of illegal clandestine drug laboratories, and the subsequent destruction of both illegal drugs and the facilities in which they are manufactured. [1] The destruction of clandestine drug laboratories often entails the disposal of environmentally hazardous chemicals. The cost of hazardous waste cleanup for a single clandestine laboratory can range from under1,000 to over $100,000; the cost for a single hazardous waste cleanup action, however, cannot be predicted or established in advance of the seizure of the individual laboratory. Envirosolve Protest, Oct. 12, 2004, at 3. DEAs disposal of clandestine laboratory hazardous waste products is governed by federal, state, and local environmental laws and regulations. As the agency operates throughout the United States, DEAs requirement for hazardous waste cleanup services is also a nationwide one. In order to meet both its need and its responsibilities, DEA has utilized the services of hazardous waste cleanup contractors who are properly qualified in waste management. DEA Dismissal Request, Nov. 12, 2004, at 1. DEA has also accomplished the administration of its hazardous waste cleanup contractors by dividing the country into 44 geographic areas, or contract areas, and establishing contracts for the required services for one or more contract area. In 2002, DEA issued a competitive request for proposals (RFP) for hazardous waste cleanup services. The RFP contemplated the award of an indefinite-delivery/ indefinite-quantity contract for a 1-year base period (October 1, 2002 to September 30, 2003) and up to four 1-year options for each contract area. The RFP noted that while a total of 44 contracts might be awarded, the agency expected to award more than one contract area to individual contractors (see Safety-Kleen (Pecatonica), Inc. , B-290838, Sept. 24, 2002, 2002 CPD 176, for additional details). Envirosolve submitted a proposal in response to the RFP and was subsequently awarded a contract to provide hazardous waste cleanup services for 14 contract areas. Envirosolve Protest, Oct. 12, 2004, attach. 1, Declaration of James G.