This series of FAR summaries is meant to take a meaningful portion of the Federal Acquisition Regulations to ensure that an easy-to-understand approach to maintain that readers comprehend the process of doing business with the government and that the government exercises a fair and reasonable approach to doing business with the general public.
FAR 11.103 Market Acceptance
The Contracting Officer as a general rule must be sure that each product or service being purchased has either performed commercially, first or if not performed commercially performed on a recent federal contract usually through exceptions of emergency or brand name or equal. The buy must match the public notice on SAM.gov or another federal government platform.
The public notice and solicitation drafted by your CO will include the minimum need of the agency and why and how the item will meet such need, relate to the government’s intended use as related to performance specifications not the offeror’s capability, the documentation is supported by market research, the option of using information or contracts housing similar buys and the consideration of the entire specified commercial arena and not just one brand or well-known awardee.
Commercial acceptance isn’t the only requirement but it is a big one. The CO will justify previous commercial performance and tell why previous experience and demonstrated performance is necessary to maximize taxpayer dollars to help the government meet a need.
The government doesn’t want guinea pigs unless you can demonstrate a superior product. Even then, it can be an uphill battle. That being said, don’t use the phrase “guinea pig” or “guinea pig contracts” if a Baptist is in your chain of command. That’s not in my Bible but you will get your proverbial hand slapped. I read the ESV but can only assume that the KJV speaks to the evil of guinea pigs somewhere. I looked and I can’t find it anywhere. Perhaps it’s societal tradition based upon geographic location. I digress. Demonstrated experience is necessary by any potential awardee. Let’s discuss your company and how it relates to the solicitation you found.
If you think I can help you email nicholas.s.robertson@outlook.com for your introductory email and free consultation.
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