Suppose that an office has a: (1) requirement for a non-commercial item(s); (2) solid estimate of $90K prior to publishing it; (3) publishes the requirement utilizing Part 13 procedures. In the event that the responses that are received exceed the SAT ($100K in this case) is there authoritative guidance directing the office to either: (i) amend the Solicitation to make it an RFP, et cetera; or (ii) award a purchase order (still) utilizing SAP?
Thus far, my search hasn't produced a definite conclusion. FAR 13.003(a) suggests a hard-line "Yes/No" regarding SAP (path i); however, 13.003( & © suggest an ex ante standard is appropriate where it utilized the "anticipated" language (path ii). GAO has sustained two protests (see B-400746, B-400747, B-400750, B-400751, B-400752, B-400785 and B-299044) where the record indicated that the agencies didn't have a (reasonable) basis to conclude that the (ex ante) estimates were below the SAT; however, I haven't discovered a decision where GAO has sustained a protest where the (ex ante) estimate was reasonable. I'll also note that DAU's Ask a Professor contemplates the reverse (solicit using RFP then awarding using SAP) (here) and reasons that it's acceptable:
I think a procurement official could conclude that either path i, or ii is reasonable. Is a member aware of an authoritative decision regarding the issue? Or, in the alternative, an irrefutable argument for i, or ii?