In IFBs for construction that are valued very close to the SAT (either over or under) it seems confusing to me on how to best deal with inclusion/exclusion of clauses/provisions that are required based upon their relationship to the SAT.
For example:
The following FAR clauses do not apply if the bid amount exceeds $150,000:
52.228-13 Alternative Payment Protections
52.243-5 Changes and Changed Conditions
52.249-1 Termination for Convenience of the Government (Fixed Price)(Short Form)
The following FAR clauses do not apply if the bid is at or below $150,000:
52.222-4 Contract Work Hours and Safety Standards Act-Overtime
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
52.223-6 Drug-Free Workplace
52.228-12 Prospective Subcontractor Request for Bonds
52.228-14 Irrevocable Letter of Credit
52.228-15 Performance and Payment Bonds - Construction
52.243-4 Changes
52.249-2 Termination for Convenience of the Government and Alt I (for construction)
What is the best way to deal with a scenario where the IGE is $149,000 .....
Include the clauses/provisions required under SAT?
What if then the bids are received above the SAT?....execute a contract modification to remove those you thought would apply (under SAT) and add in those that now do apply (above SAT)?
How do you deal with the issue of a bid guarantee (that would be required for bids above $150,000) if you originally believed the value to be below SAT and not required?
This wasn't a concern when the SAT was $100,000 and the disclosure of magnitudes required by FAR 36.204 were in line with one another.
The delimma seemed to become more complicated when the SAT was raised to $150,000 and the magnitude range remained "between $100,000 and $250,000".
Any feedback is appreciated. Thanks.