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                            25.502 Application.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart25.025.125.225.325.425.525.625.725.825.925.1025.11
Section25.50125.50225.50325.504
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25.502 Application.25.502 Application.       (a) 						            Unless otherwise specified in agency regulations, perform the following steps in the order presented:                                                         (1) 								                Eliminate all offers or offerors that are unacceptable for reasons other than price; *e.g.,* nonresponsive, debarred or suspended, or a prohibited source (see  subpart  25.7).                                                            (2) 								                Rank the remaining offers by price.                                                            (3) 								                If the solicitation specifies award on the basis of factors in addition to cost or price, apply the evaluation factors as specified in this section and use the evaluated cost or price in determining the offer that represents the best value to the Government.                                                                             (b) 						            For acquisitions covered by the WTO GPA (see  subpart  25.4)-                                                         (1) 								                Consider only offers of U.S.-made or designated country end products, unless no offers of such end products were received;                                                            (2) 								                If the agency gives the same consideration given eligible offers to offers of U.S.-made end products that are not domestic end products, award on the low offer. Otherwise, evaluate in accordance with agency procedures; and                                                            (3) 								                If there were no offers of U.S.-made or designated country end products, make a nonavailability determination (see  25.103(b)(2)) and award on the low offer (see  25.403(c)).                                                                             (c) 						            For acquisitions not covered by the WTO GPA, but subject to the Buy American statute (an FTA or the Israeli Trade Act also may apply), the following applies:                                                         (1)                         If the low offer is a domestic offer or an eligible offer under                            an FTA or the Israeli Trade Act, award on that offer.                                                            (2)                         If the low offer is a                            noneligible offer and there were no domestic offers (see  25.103(b)(3)), award on the low offer. The procedures at  25.106(b)(2) and  25.106(c)(2) do not                            apply.                                                            (3)                         If the low offer is a                            noneligible offer and there is an eligible offer that is lower than the                            lowest domestic offer, award on the low offer. The procedures at  25.106(b)(2) and  25.106(c)(2) do not                            apply.                                                            (4)                         Otherwise, apply the                            appropriate evaluation factor provided in  25.106 to the low offer. The procedures at  25.106(b)(2) and  25.106(c)(2) do not                            apply.                                                                             (d)                   *Ties.*                                                         (1) 								                If application of an evaluation factor results in a tie between a domestic offer and a foreign offer, award on the domestic offer.                                                            (2) 								                If no evaluation preference was applied (*i.e.,* offers afforded nondiscriminatory treatment under the Buy American statute), resolve ties between domestic and foreign offers by a witnessed drawing of lots by an impartial individual.                                                            (3) 								                Resolve ties between foreign offers from small business concerns (under the Buy American statute, a small business offering a manufactured article that does not meet the definition of "domestic end product" is a foreign offer) or foreign offers from a small business concern and a large business concern in accordance with  14.408-6(a).    **Parent topic:**  Subpart 25.5 - Evaluating Foreign Offers-Supply Contracts
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