Family Stress Clinics of America

B-270993 May 10, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights An oral amendment extending the closing date for submission of proposals indefinitely is in full force and effect. Even though it was not confirmed in writing. Where the amendment was issued under exigent circumstances accompanying the shutdown of the contracting agency and the terms of the oral amendment are not in dispute. The agency was shut down from December 18 through January 5. The shutdown was extended for all but 1 day thereafter until normal operations resumed on January 16. Were primarily performed by the contracting officer. We do not have a firm date yet. The extension will be for at least a couple of weeks. "We will fax the amendment to the RFP in the next day or so. The amendment will identify who you can call if you have questions.". View Decision Matter of: Family Stress Clinics of America File: B-270993 Date: May 10, 1996 An oral amendment extending the closing date for submission of proposals indefinitely is in full force and effect, even though it was not confirmed in writing, where the amendment was issued under exigent circumstances accompanying the shutdown of the contracting agency and the terms of the oral amendment are not in dispute. Attorneys DECISION Family Stress Clinics of America protests request for proposals (RFP) No. 240-BPHC-8(6), issued by the Department of Health and Human Services (HHS), Health Resources and Services Administration, for counseling services for the Employee Assistance Program for the western region of the United States Postal Service. Family Stress contends that the agency orally amended the RFP by indefinitely extending the closing date for receipt of proposals and then failed to honor the terms of that amendment. We sustain the protest. The RFP contemplated the award of a cost-plus-award-fee contract for 1 year with 4 option years. HHS issued two written amendments, the second of which set the closing date for receipt of proposals as December 29, 1995. Because of the budget impasse, the agency was shut down from December 18 through January 5, 1996. Additionally, due to snow emergencies, the shutdown was extended for all but 1 day thereafter until normal operations resumed on January 16. According to the agency, the duties and responsibilities of the contracting staff during this period, including answering of telephones and receipt of mail, were primarily performed by the contracting officer. On December 21, the contracting officer contacted ROW Sciences, Inc., a technical support contractor of the agency, and instructed ROW to call all of the 125 firms on the RFP distribution list, obtain their fax numbers, and provide an explanation about extending the closing date for submission of proposals, if necessary. The ROW employees making the calls read the following prepared statement to each firm on the list: "I am calling for the contracts office at [HHS]. "The due date this week for proposals in response to the Postal Service Employee Assistance Program RFPs has been extended. We do not have a firm date yet, but the extension will be for at least a couple of weeks. "We will fax the amendment to the RFP in the next day or so. The amendment will identify who you can call if you have questions." The ROW employees were instructed that, in the event someone persisted with questions, they should repeat the last sentence of the statement and should not give out HHS phone numbers. On December 28, ROW contacted Family Stress and read the statement into the Family Stress's voice mail. ROW repeated the statement during several telephone conversations with Family Stress in early January. ROW states that Family Stress was persistent in requesting more information about the extension and that ROW only repeated the prepared statement, as instructed. ROW states that after the shutdown was over, it obtained permission to provide Family Stress with an HHS phone number. Prior to the end of the shutdown, Family Stress faxed a letter on January 11 to the contracting specialist on this RFP. This letter referenced previous letters faxed on December 22 and 27, which raised questions about the RFP and requested a response. The letter stated that attempts to reach the contracting specialist by phone in the interim had been unsuccessful. On January 17, the contracting specialist left a voice mail message for Family Stress answering its questions and stating that HHS had not extended the closing date. In a later phone conversation with Family Stress, the contracting officer confirmed that the agency had not extended the closing date. Six proposals were received in response to the RFP. Family Stress protests that the oral statement disseminated by ROW amended the solicitation to extend the closing date indefinitely. In response, HHS contends that the oral statement is not an amendment because it was never followed by written confirmation.