FTA/Israeli Trade Act.

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25.504-3 FTA/Israeli Trade Act.

(a) Example 1.

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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.

Expand Table
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.

Expand Table
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, as amended at 86 FR 6188, Jan. 19, 2021]


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