[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: 48CFR25.504-3]

[Page 478]
 
            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.  25.504-3  NAFTA/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 subject to the Trade 
Agreements Act, 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 subject to the Trade 
Agreements Act, 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)).