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B-422676 Sep 16, 2024 1 (2024-09-16)

handle is hein.gao/gaoqvw0001 and id is 1 raw text is: GA O 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: MAXIMUS Federal Services, Inc. File: B-422676 Date: September 16, 2024 Kara L. Daniels, Esq., Ian Hoffman, Esq., Roee Talmor, Esq., Nicole Williamson, Esq., and Jillian Williams, Esq., Arnold & Porter LLP, for the protester. Douglas Kornreich, Esq. and Pamela Waldron, Esq., Department of Health and Human Services, for the agency. Todd C. Culliton, Esq. and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that a labor harmony agreement (LHA) clause is unreasonable because it violates the Labor Management Relations Act and is preempted by the National Labor Relations Act is dismissed because our Office does not review violations of or preemption by those statutes. 2. Protest that an LHA clause is unreasonable because it violates or is not authorized under Federal Acquisition Regulation 22.101 -1 is denied where the clause does not violate or conflict with the authority provided under that regulation. 3. Protest that the LHA clause is unduly restrictive of competition is denied where the clause is consistent with the agency's needs and does not otherwise limit competition. 4. Protest that the LHA clause is ambiguous is sustained where the clause does not reasonably articulate the period of time during which an apparent successful offeror will have to negotiate a pre-award LHA with any qualifying labor organization. DECISION MAXIMUS Federal Services, Inc., of McLean, Virginia, the incumbent contractor, protests the terms of request for proposals (RFP) No. 75FCMC24RO01 0, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), for contact center operations support services. MAXIMUS primarily

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