[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: 48CFR25.504-3]



[Page 496]

 

            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  FTA/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 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.............................    $105,000  Domestic end product,

                                                   large business.

Offer B.............................     103,000  Eligible product.

Offer C.............................     100,000  Noneligible 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]



[[Page 497]]