[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR25.502]

[Page 476-477]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
         Subpart 25.5_Evaluating Foreign Offers_Supply Contracts
 
Sec.  25.502  Application.

    (a) Unless otherwise specified in agency regulations, perform the 
following steps in the order presented:
    (1) Eliminate all offers or offerors that are unacceptable for 
reasons other than price; e.g., nonresponsive, debarred or suspended, 
sanctioned (see Subpart 25.6), or a prohibited source (see Subpart 
25.7).
    (2) Rank the remaining offers by price.
    (3) If the solicitation specifies award on the basis of factors in 
addition to cost or price, apply the evaluation factors as specified in 
this section and use the evaluated cost or price in determining the 
offer that represents the best value to the Government.
    (b) For acquisitions subject to the Trade Agreements Act (see 25.401 
and 25.403(b))--
    (1) Consider only offers of U.S.-made, designated country, Caribbean 
Basin country, or NAFTA country end products, unless no offers of such 
end products were received;
    (2) If the agency gives the same consideration given eligible offers 
to offers of U.S.-made end products that are not domestic end products, 
award on the low offer. Otherwise, evaluate in accordance with agency 
procedures; and
    (3) If there were no offers of U.S.-made, designated country, 
Caribbean Basin country, or NAFTA country end products, make a 
nonavailability determination (see 25.103(b)(2)) and award on the low 
offer (see 25.403(c)).
    (c) For acquisitions not subject to the Trade Agreements Act, but 
subject to the Buy American Act (NAFTA or the Israeli Trade Act also may 
apply), the following applies:
    (1) If the low offer is a domestic offer or an eligible offer under 
NAFTA or the Israeli Trade Act, award on that offer.
    (2) If the low offer is a noneligible offer and there were no 
domestic offers (see 25.103(b)(3)), award on the low offer.
    (3) If the low offer is a noneligible offer and there is an eligible 
offer that is lower than the lowest domestic offer, award on the low 
offer. The Buy American Act provides an evaluation preference only for 
domestic offers.
    (4) Otherwise, apply the appropriate evaluation factor provided in 
25.105 to the low offer.

[[Page 477]]

    (i) If the evaluated price of the low offer remains less than the 
lowest domestic offer, award on the low offer.
    (ii) If the price of the lowest domestic offer is less than the 
evaluated price of the low offer, award on the lowest domestic offer.
    (d) Ties. (1) If application of an evaluation factor results in a 
tie between a domestic offer and a foreign offer, award on the domestic 
offer.
    (2) If no evaluation preference was applied (i.e., offers afforded 
nondiscriminatory treatment under the Buy American Act), resolve ties 
between domestic and foreign offers by a witnessed drawing of lots by an 
impartial individual.
    (3) Resolve ties between foreign offers from small business concerns 
(under the Buy American Act, a small business offering a manufactured 
article that does not meet the definition of ``domestic end product'' is 
a foreign offer) or foreign offers from a small business concern and a 
large business concern in accordance with 14.408-6(a).

[64 FR 72419, Dec. 27, 1999, as amended at 67 FR 21535, Apr. 30, 2002]