[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR25.502]



[Page 494-495]

 

            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 covered by the WTO GPA (see Subpart 25.4)--

    (1) Consider only offers of U.S.-made or designated 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 or designated 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 covered by the WTO GPA, but subject to the 

Buy American Act (an FTA 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 495]]



    (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; 

69 FR 1055, Jan.7, 2004; 69 FR 77875, Dec. 28, 2004]