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B-420905 Oct 25, 2022 1 (2022-10-25)

handle is hein.gao/gaonvh0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
a GAO Protective Order. This redacted version has
Decision                                     d    c
been approved for public release.
Matter of: Orlans PC
File:     B-420905
Date:     October 25, 2022
Samuel S. Finnerty, Esq., Katherine B. Burrows, Esq., and Patrick T. Rothwell, Esq.,
Piliero Mazza PLLC, for the protester.
Elin Dugan, Esq., Department of Agriculture, for the agency.
Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the terms of a solicitation for commercial services is sustained
where the record does not show that the agency performed adequate market research
to demonstrate that the terms were consistent with customary commercial practice, as
required by the rules applicable to commercial item procurements set forth in the
Federal Acquisition Regulation at part 12.
DECISION
Orlans PC, of Troy, Michigan, protests the terms of request for proposals (RFP)
No. 12SAD122R0001, issued by the Department of Agriculture, Rural Development
Administration, for nationwide default management services. The protester contends
that certain pricing and payment terms are inconsistent with customary commercial
practice and unduly restrictive of competition.
We sustain the protest.
BACKGROUND
The agency issued the RFP pursuant to Federal Acquisition Regulation (FAR) part 12
on May 6, 2022, and subsequently amended it eight times. Contracting Officer's
Statement (COS) at 1-2. The RFP seeks proposals to provide nationwide default
management services for the Rural Development Single Family Direct Loan portfolio,
including foreclosure services, real estate owned (REO) services, property preservation
services, appraisal services, eviction services, and bankruptcy services. Agency Report

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