# 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]