BSP DIVISION OF ENVIROTECH v. UNITED STATES, ETC.

Civ. A. No. 78-2566.

471 F.Supp. 958 (1979)

BSP DIVISION OF ENVIROTECH CORPORATION, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Region II, Eckardt C. Beck, Regional Administrator, Turner Construction Co., Zimpro, Inc., and Passaic Valley Sewerage Commissioners, Defendants.

United States District Court, D. New Jersey.

As Amended June 11, 1979.


Attorney(s) appearing for the Case

Hannoch, Weisman, Stern & Besser, P.A. by Albert G. Besser, Robert C. Epstein, Newark, N.J., for plaintiff.

Robert J. Del Tufo, U.S. Atty. by Lee R. Tyner, Sp. Asst. U.S. Atty., Newark, N.J., Peter B. Devine, Regional Counsel, Region II, Environmental Protection Agency, New York City, Christopher L. Rissetto, Environmental Protection Agency, Washington, D.C., for defendants United States Environmental Protection Agency, Region II, and Eckardt C. Beck, Regional Administrator.

Rosen, Gelman & Weiss by William C. Slattery, Newark, N.J., for defendant Turner Construction Co.

Jones & Cuccio by Frank J. Cuccio, Hackensack, N.J., Jones, Day, Reavis & Pogue, Washington, D.C., for defendant Zimpro, Inc.

James V. Segreto, Haledon, N.J., for defendant Passaic Valley Sewerage Commissioners.


OPINION

STERN, District Judge.

Plaintiff, BSP, a prospective supplier of part of an EPA-funded waste water treatment facility, brings suit under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., to set aside a decision of the Environmental Protection Agency (EPA) dismissing BSP's bid protest on procedural grounds.1 BSP claimed in its bid protest that the contract specifications were anticompetitive because...

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