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B-278261 1 (1997-12-24)

handle is hein.gao/gaocrptagfb0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Enviroclean Systems, Inc. File: B-278261 Date: December 24, 1997 Diane Ried Cosenza, Esq., Didriksen & Carbo, for the protester. Maj. Jeffrey D. Stacey, Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging use of negotiated procedures rather than sealed bidding to acquire waste management services is denied where the record shows that the agency reasonably concluded that discussions might be required before award. DECISION Enviroclean Systems, Inc. protests the use of negotiated procedures by the Department of the Army to procure solid waste management services for Fort Polk, Louisiana, pursuant to request for proposals (RFP) No. DAIF24-97-R-0013. Enviroclean argues that the Army is required to use sealed bidding procedures for this procurement.1 We deny the protest. Enviroclean is the current incumbent contractor providing solid waste collection and disposal services at Fort Polk. The company received its contract after submitting the low bid on the earlier procurement. On May 30, 1997, the Army issued a follow-on solicitation for these services, using two-step sealed bidding. After Enviroclean challenged the use of other than an IFB, the Army canceled the solicitation on June 17, 1997. Approximately 3 months later, on September 15, the Army issued the above-referenced RFP for these services. According to Enviroclean, the use of other than sealed bidding procedures is unnecessarily burdensome, will adversely affect competition, and may be a punitive attempt by 1Enviroclean alleges that the agency is improperly using two-stepped sealed bidding when it should use an invitation for bids (IFB), the approach the agency used the last time it solicited for this effort. The solicitation here is actually an RFP. Despite this error, our decision will address Enviroclean's underlying concern--that the agency should have procured these services using sealed bids.

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