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e-CFR data is current as of January 15, 2021

Title 48Chapter 1Subchapter DPart 25Subpart 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$105,000Domestic end product, small business.
Offer B100,000Eligible 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$105,000Eligible product.
Offer B103,000Noneligible 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$105,000Domestic end product, large business.
Offer B103,000Eligible product.
Offer C100,000Noneligible 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]

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