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B-270762 1 (1996-04-22)

handle is hein.gao/gaocrptaeax0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Purification Environmental File: B-270762 Date: April 22, 1996 C. G. Steiner for the protester. Bill Creeden and Arnold B. Olender for Waste Abatement Technology, L.P., and Khodi G. Irani for MKM Engineers, Inc., intervenors. William A. Hough, Esq., Department of the Army, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where record establishes, and protester does not dispute, that only one method of treatment for contaminated groundwater will remove the contaminant without creating a hazardous waste, there is nothing improper in the issuance of a solicitation that requires contractor to use the selected treatment process and to meet state guidelines for remediation. DECISION Purification Environmental protests the terms of invitation for bids (IFB) No. DACA21-96-B-0004, issued by the Corps of Engineers for a groundwater treatment system at Redstone Arsenal in Alabama. Purification Environmental essentially objects to the agency's requiring bidders to meet performance requirements of the statement of work while specifying a particular design. We deny the protest. In 1989, a valve malfunction in the still of the degreaser at Redstone Arsenal resulted in the discharge of trichloroethylene (TCE), a degreasing solvent, into the local sewer system. Efforts to deal with resulting contamination were not entirely successful which untimely led to the state of Alabama's issuance of a notice of violation that required the Army to take action for interim remediation and control of the contamination. The IFB, issued on November 13, 1995, contemplates award of a firm, fixed-price contract to the low, responsive, responsible bidder for installation and operation of an interim corrective measure (ICM) groundwater treatment system. The project is intended as a short-term, temporary remedy responsive to the notice of violation 1143422

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