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FAR and DFARS › FAR Part 11: Describing Agency Needs › Subpart 11.1

FAR 11.103 Market acceptance.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains when an agency may require offerors to show that their items have achieved commercial market acceptance or have been satisfactorily supplied to an agency under current or recent contracts. It also sets limits on how market acceptance criteria may be used and requires the contracting officer to document the file when such criteria are applied.

Applies to: Agencies and contracting officers using commercial market acceptance as an evaluation factor, and offerors responding to such solicitations

What it requires

  • Ensure solicitation criteria reflect the agency's minimum need and relate to the item's performance and intended use, not the offeror's capability
  • Ensure criteria are supported by market research
  • Include consideration of items supplied satisfactorily under recent or current Government contracts for the same or similar items
  • Consider the entire relevant commercial market, including small business concerns

Key terms: commercial market acceptance · minimum need · market research · small business concerns · offeror

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) 41 U.S.C. 3307(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.

← 11.102 Standardization program. · 11.104 Use of brand name or equal purchase descriptions. →

Rule changes for FAR Part 11

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 11.103 Market acceptance · SpendQuery