BSP Division of Envirotech Corp. v. United States Environmental Protection Agency

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 they called for equipment which was proprietary to BSP’s competitor Zimpro, Inc. 2 Rather than ruling on the merits of this claim, the EPA dismissed the bid protest as untimely and…