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B-420006 Oct 12, 2021 1 (2021-10-12)

handle is hein.gao/gaomgy0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                      Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: Property at 4545 Montgomery, LLC
File:     B-420006
Date:     October 12, 2021
Dr. Paul Sohi, Property at 4545 Montgomery, LLC, for the protester.
Adam Humphries, Esq., Department of Agriculture, for the agency.
Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest that agency unreasonably rejected lease proposal is denied where protester
proposed reimbursement of tenant improvement costs as a lump sum payment, and the
solicitation stated that tenant improvement costs should be amortized and any lump
sum payments for these costs were solely at the discretion of the government.
DECISION
Property at 4545 Montgomery Avenue, of Cincinnati, Ohio, protests the award of a
lease to Scott Rasa, of Higginsville, Missouri, under request for lease proposals (RLP)
No. 57-29107-20-FA, issued by the Department of Agriculture. Property at 4545 asserts
that the agency unreasonably rejected its proposal, and failed to engage in meaningful
discussions.
We deny the protest
BACKGROUND
The RLP, issued on February 12, 2020, provided that the lease would be awarded to
the offeror that submitted the lowest-priced, technically acceptable offer, with a price
that qualifies as an operating lease under Office of Management and Budget (OMB)
guidance.1 The RLP was comprised of 15 documents, including form L100, the lease
template. Offers were due on April 20.
1 An operating lease must meet the following criteria: ownership of the asset remains
with the lessor during the term of the lease and is not transferred to the government at
or shortly after the end of the lease term; the lease does not contain a bargain-price

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