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FILE: 3-187900 DATE: December 28,. 1976
MATTER OF; Hillview Farms Fertilisers, Inc.
DIGEBT:
Allegation that awardee will pot _,rform contract
in, accordance with applicable environmental regula-
tions is not for consideration since matter relates
to contract administration wich is rosponsibility
of procurement activity. Also, insofar as protest
take. iss.: with agency's disposal plan it ls un-
timely raised. Moreover, this Office no longer
reviews proteits against affirmative determinatic.a
of responsibility.
Hillviev Farls Fertilisrs, Inc. (Hiliview) has protested the
award of a contract to Ncrthein Illinois Excavating'Company (Northern)
under request for proposals (RFP) No. N62471-76-R-6166, issued-by the
Naval Facilities Engineering Coumand, Great Lakes 'Branch, Northern
Division, Great Lakes, Illinois (Navy).
The solicitaticn initially called for the contractor to pump
approxinstely 2,000.000 gallons of sewage sludge from a military
installation and hau it to a munici1 1 treatment:plant for disposal
by the aunicipality. Amendment No. 0001 to the RFP, issued August 4,
1976, changed the scope of work in that the task of disposing of
the sludgi was shifted to the contractor who was to deposit it upon
disposal site accejtable'to the Illinois EPA [Environmental
Protection Agency]. The solicitation also required the contractor
to maintain environmental protection dur'ng the life of the contract
and to comply with all Fedaral, State and local regulations pertain-
ing to water, air, solid waste and noise pollution. Several offers
were received by the 'Navy by the extended closing date of October 26,
1976, following which a determination was made that Northern was
entitled to award of the subject contract. Award was made to Northern
on November 24, 1976.
In its letter of protest ieceived at ouc Office on November 26,
1976. Hillview takes issue with the manner in which the Navy plans
to dispose'af the sludge. Specifically, Hillview contends that
the placement of this sludge on frozen ground is dangerous'to the
environmen- and will cause runoff and water pollution. Additionally,
the protester asserts that Northern will.be unable to dispose of the
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