43 C.F.R. § 12.715 Evaluating offers.
Title 43 - Public Lands: Interior
(a) Unless the head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines otherwise, the offered price of a domestic end product is unreasonable when the lowest acceptable domestic offer exceeds the lowest acceptable foreign offer (see §12.705), inclusive of duty, by— (1) More than 6 percent, if the domestic offer is from a large business that is not a labor surplus area concern; or (2) More than 12 percent, if the domestic offer is from a small business concern or any labor surplus area concern. (b) The evaluation in paragraph (a) of this section shall be applied on an item-by-item basis or to any group of items on which award may be made as specifically provided by the solicitation. (c) If an award of more than $250,000 would be made to a domestic concern if the 12-percent factor were applied, but not if the 6-percent factor were applied, the head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official shall decide whether award to the domestic concern would involve unreasonable cost.
Title 43: Public Lands: Interior
PART 12—ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR ASSISTANCE PROGRAMS
Subpart E—Buy American Requirements for Assistance Programs
Buy American Act—Supplies
§ 12.715 Evaluating offers.
