---
kind: "section"
citation: "48 C.F.R. § 11.103"
title: "48"
number: "11.103"
heading: "Market acceptance."
url: "https://uscodex.org/cfr/48/11.103"
---

# §11.103. Market acceptance.

- (a) [41 U.S.C. 3307(e)](/usc/41/3307.md?p=e) provides that, in accordance with agency procedures, the head of an agency may, under appropriate circumstances, require offerors to demonstrate that the items offered—
  - (1) **Have either—**
    - (i) Achieved commercial market acceptance; or
    - (ii) Been satisfactorily supplied to an agency under current or recent contracts for the same or similar requirements; and
  - (2) Otherwise meet the item description, specifications, or other criteria prescribed in the public notice and solicitation.
- (b) Appropriate circumstances may, for example, include situations where the agency's minimum need is for an item that has a demonstrated reliability, performance or product support record in a specified environment. Use of market acceptance is inappropriate when new or evolving items may meet the agency's needs.
- (c) In developing criteria for demonstrating that an item has achieved commercial market acceptance, the contracting officer shall ensure the criteria in the solicitation—
  - (1) Reflect the minimum need of the agency and are reasonably related to the demonstration of an item's acceptability to meet the agency's minimum need;
  - (2) Relate to an item's performance and intended use, not an offeror's capability;
  - (3) Are supported by market research;
  - (4) Include consideration of items supplied satisfactorily under recent or current Government contracts, for the same or similar items; and
  - (5) **Consider the entire relevant commercial market, including small business concerns.**
- (d) Commercial market acceptance shall not be used as a sole criterion to evaluate whether an item meets the Government's requirements.
- (e) When commercial market acceptance is used, the contracting officer shall document the file to—
  - (1) Describe the circumstances justifying the use of commercial market acceptance criteria; and
  - (2) **Support the specific criteria being used.**

## Notes

### Amendments

[60 FR 48238, Sept. 18, 1995, as amended at 79 FR 24199, Apr. 29, 2014]

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 60 FR 48238, Sept. 18, 1995, unless otherwise noted.

### Amendments

[60 FR 48238, Sept. 18, 1995, as amended at 79 FR 24199, Apr. 29, 2014]