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B-270993 1 (1996-05-10)

handle is hein.gao/gaocrptaebz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Family Stress Clinics of America File: B-270993 Date: May 10, 1996 Clifford K. Brickman for the protester. Mike Colvin and Steven L. Zangwill, Department of Health and Human Services, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 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. 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. 332510

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