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  1. Scenario: IFB is issued for construction since government estimate is over the SAT. Low bid is under the SAT. Bid is responsive and bidder is considered responsible. IFB included FAR clause 52.228-15, Performance and Payment Bonds-Construction, requiring payment and performance bonds. Question: Do you think it would be appropriate to make award and then bilaterally modify the contract to remove this clause and replace with 52.228-13, Alternative Payment Protections, along with a price reduction reflecting the removal of the performance bond premium and any difference in the cost of the payment protection provided? I was unable to find any GAO decisions or other case law on the issue with the resources I have. My initial though is that this would be appropriate since there is not a compelling reason to cancel the IFB (FAR 14.404-1) and no bidders would be subject to competitive prejudice by award being made (all submitted bids based on same information). Thank you. Edit: I suppose a contractor could argue that they did not include the cost of bonds in their bid since clause 52.228-15 itself does not require bonds if the "resulting contract price is $150,000 or less."
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