[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR12.715]

[Page 334]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 12_ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR 
ASSISTANCE PROGRAMS--Table of Contents
 
       Subpart E_Buy American Requirements for Assistance Programs
 
Sec. 12.715  Evaluating offers.

    (a) Unless the head of the grantee organization or a designee at a 
level no lower than the grantee's designated awarding official 
determines otherwise, the offered price of a domestic end product is 
unreasonable when the lowest acceptable domestic offer exceeds the 
lowest acceptable foreign offer (see Sec. 12.705), inclusive of duty, 
by--
    (1) More than 6 percent, if the domestic offer is from a large 
business that is not a labor surplus area concern; or
    (2) More than 12 percent, if the domestic offer is from a small 
business concern or any labor surplus area concern.
    (b) The evaluation in paragraph (a) of this section shall be applied 
on an item-by-item basis or to any group of items on which award may be 
made as specifically provided by the solicitation.
    (c) If an award of more than $250,000 would be made to a domestic 
concern if the 12-percent factor were applied, but not if the 6-percent 
factor were applied, the head of the grantee organization or a designee 
at a level no lower than the grantee's designated awarding official 
shall decide whether award to the domestic concern would involve 
unreasonable cost.