Regulations last checked for updates: May 02, 2024

Title 48 - Federal Acquisition Regulations System last revised: Apr 25, 2024
25.504-3 - 25.504-3 FTA/Israeli Trade Act.

(a) Example 1.

Offer A$105,000Domestic end product, small business.
Offer B$100,000Eligible 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$105,000Eligible product.
Offer B$103,000Noneligible 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$105,000Domestic end product, large business.
Offer B$103,000Eligible product.
Offer C$100,000Noneligible 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, as amended at 86 FR 6188, Jan. 19, 2021]
authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
cite as: 48 CFR 25.504-3