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B-294974.4 1 (2005-06-08)

handle is hein.gao/gaocrptaqtg0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision 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 agency's 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 DEA's actions; we dismissed that protest as academic based on DEA's promise of corrective action. Envirosolve now argues that we should reconsider our dismissal as a result of DEA's subsequent failure to implement the promised corrective action. Envirosolve also argues that DEA's failure to implement corrective action has resulted in the continued improper issuance of noncompetitive purchase orders for cleanup services. We sustain the protest. BACKGROUND DEA's mission of enforcing federal narcotics laws routinely results in the seizure of illegal clandestine drug laboratories, and the subsequent destruction of both illegal

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