**SOCIAL SECURITY ADMINISTRATION COMMENTS**

**Federal Acquisition Regulation (FAR)** **Case 2006-016**

**"Numbered Notes"**

After reviewing the subject FAR case we are in agreement with the
proposed changes, eliminating obsolete notes, the "numbered note"
concept, and prescribing that certain information is included in a
synopsis as a streamlined statement. We have a comment regarding
retaining one prescription at 5.207.

The rule proposes removing and renumbering the paragraphs at 5.207,
*Preparation and Transmittal of Synopses* to reflect the proposed
updates and the capabilities of transmitting information in FedBizOpps
as opposed publicizing actions in the now defunct Commerce Business
Daily (CBD) publication. Because of this we question why the direction
in the current 5.207(g), *Cancellation of Synopsis* is still be retained
at the proposed 5.207(f).

5.207(g), *Cancellation of Synopsis* states that "Contracting Officers
should not publish notices of solicitations cancellations (or indefinite
suspensions) of proposed contract actions in the GPE. Cancellations of
solicitations must be made in accordance with 14.209 and 14.404-1." It
is unclear why posting notices of solicitation cancellations was ever
prohibited unless it is a throwback to when the CBD was used and the
cost and timing of such publications was a consideration. However, with
FedBizOpps, posting a cancellation it is a simple process, one of which
many COs seem to do, regardless of the prohibition.

We think this prescription should be removed from the FAR because it:

-   addresses cancellation procedures for sealed bidding only and the
    direction for cancellation of bids is not applicable to other
    acquisitions. FAR 15.206(e) requires that cancellations of
    solicitations be done via an amendment to the solicitation. The FAR
    at 15.206 requires that amendments must be issued to all parties
    receiving the solicitation or who have not been eliminated from the
    competition; and that such amendments may be done orally, but must
    be finalized with an amendment, which can be transmitted via
    electronic commerce.

-   states that cancellation of the solicitation must be made in
    accordance with 14.209, *Cancellation of invitations before
    opening*, which states that cancellations of invitations to bid
    (IFB) that were issued electronically, shall be posted
    electronically. One would assume that "electronically" includes
    posting the IFB on FedBizOpps. Therefore instructing contracting
    officers not to post cancellations in the GPE is confusing.

-   states that cancellation of solicitation must be made in accordance
    with 14.404-1, *Cancellation of invitations after opening*. The
    process here involves no so much a cancellation as it is a
    conversion from sealed bidding to negotiated procurement. The
    notification process for this action is clear and does not to be
    reiterated at 5.207.

-   is not being followed. A review of the recent FedBizOpps posting
    shows numerous cancellation notices for solicitations. Therefore it
    is assumed that most contracting officers feel it is an essential
    part of the acquisition process.