Electronic Code of Federal Regulations
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e-CFR data is current as of January 15, 2021 |
Title 48 → Chapter 1 → Subchapter D → Part 25 → Subpart 25.5 → §25.504-3 |
Title 48: Federal Acquisition Regulations System
PART 25—FOREIGN ACQUISITION
Subpart 25.5—Evaluating Foreign Offers—Supply Contracts
25.504-3 FTA/Israeli Trade Act.
(a) Example 1.
| Offer A | $105,000 | Domestic end product, small business. |
| Offer B | 100,000 | Eligible product. |
Analysis: Since the low offer is an eligible offer, award on the low offer (see 25.502(c)(1)).
(b) Example 2.
| Offer A | $105,000 | Eligible product. |
| Offer B | 103,000 | Noneligible product. |
Analysis: Since the acquisition is not covered by the WTO GPA , the contracting officer can consider the noneligible offer. Since no domestic offer was received, make a nonavailability determination and award on Offer B (see 25.502(c)(2)).
(c) Example 3.
| Offer A | $105,000 | Domestic end product, large business. |
| Offer B | 103,000 | Eligible product. |
| Offer C | 100,000 | Noneligible product. |
Analysis: Since the acquisition is not covered by the WTO GPA , the contracting officer can consider the noneligible offer. Because the eligible offer (Offer B) is lower than the domestic offer (Offer A), no evaluation factor applies to the low offer (Offer C). Award on the low offer (see 25.502(c)(3)).
[69 FR 77875, Dec. 28, 2004]