# 25.1002 Use of foreign currency.

1. (a) Unless an international agreement or the WTO GPA (see 25.408(a)(4)) requires a specific currency, contracting officers must determine whether solicitations for contracts to be entered into and performed outside the United States will require submission of offers in U.S. currency or a specified foreign currency. In unusual circumstances, the contracting officer may permit submission of offers in other than a specified currency.

2. (b) To ensure a fair evaluation of offers, solicitations generally should require all offers to be priced in the same currency. However, if the solicitation permits submission of offers in other than a specified currency, the contracting officer must convert the offered prices to U.S. currency for evaluation purposes. The contracting officer must use the current market exchange rate from a commonly used source in effect as follows:

   1. (1) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

   2. (2) For acquisitions conducted using negotiation procedures-

      1. (i) On the date specified for receipt of offers, if award is based on initial offers; otherwise

      2. (ii) On the date specified for receipt of final proposal revisions.

3. (c) If a contract is priced in foreign currency, the agency must ensure that adequate funds are available to cover currency fluctuations to avoid a violation of the Anti-Deficiency Act (31 U.S.C. 1341, 1342, 1511-1519).