Policy
Market research, according to FAR 2.101, is defined as:
collecting and analyzing information about capabilities within the market to satisfy agency needs - FAR 2.101
Before soliciting offerors for acquisitions with an estimated value less than the simplified acquisition threshold when?
adequate information is not available and the circumstances justify its cost - FAR 10.001(a)(2)(iii)
Procedures - Market research is conducted to determine if:
1.To determine if commercial items or non-developmental items are available to meet the Government's needs or could be modified to meet the Government's needs
2.The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience - FAR 10.002
Market Research can determine if commercial items or nondevelopmental items are available that:
(A) Meet the agency’s requirements;
(B) Could be modified to meet the agency’s requirements; or
(C) Could meet the agency’s requirements if those requirements were modified to a reasonable extent - FAR 10.001(a)(3)(ii)
In solicitation and contracts over $5.5 million for the procurement of items other than commercial items, what clause shall be inserted?
FAR 52.210-1 - FAR 10.003
What does FAR part 10 outline?
Policies and procedures for conducting market research to arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services - FAR 10.000
Agencies shall conduct market research appropriate to the circumstances before awarding a task or delivery order under IDIQ for a commercial item:
in excess of the simplified acquisition threshold (10 U.S.C. 2377(c)) - FAR 10.001(a)(2)(v)
The CO may use market research conducted within:
18 months before the award of any task or delivery order if the information is still current, accurate, and relevant - FAR 10.002(b)(1)
Ensure maximum practicable use of recovered materials and promote:
energy conservation and efficiency - FAR 10.001(a)(3)(v)
Agencies should document the results of market research:
in a manner appropriate to the size and complexity of the acquisition - FAR 10.002(e )
Agency must also conduct market research that is appropriate to:
The circumstances before it develops new requirements documents - FAR 10.001(a)(2)(i)
Agencies shall conduct research on an ongoing basis, and take advantage of commercially available market research methods to identify the capabilities (including the capabilities of small businesses and new entrants into federal contracting)
that are available in the marketplace for meeting the requirements of the agency in furtherance of defense against or recovery from terrorism or nuclear, biological, chemical or radiological attack - FAR 10.001(a)(2)(vi)(A)
Factors of market research consists of:
1.Urgency
2.Estimated dollar value
3.Complexity
4.Past experience - FAR 10.002(b)(1)
When conducting market research, agencies should NOT
request potential sources to submit more that the minimum information necessary - FAR 10.001(b)
If market research establishes that the Government's need may be met by a type of item or service customarily available in the commercial marketplace that would meet the definition of a commercial item at Subpart 2.1, the CO shall:
Solicit and award any resultant contract using the policies and procedures in Part 12 - FAR 10.002(d)(1)
Agencies must ensure the following:
1. Ensure that legitimate needs are identified, and trade-offs evaluated to acquire items that meet those needs
2. Government's needs should be stated in terms sufficient to allow conduct of market research - FAR 10.001(a)
Why is market research done?
To determine if sources capable of satisfying the agency's requirements exist and to determine the extent to which commercial items or non-developmental items could either meet the need or could be incorporated at any point of the manufacturing process to reduce costs or increasing energy efficiency of the use of recovered materials - FAR 10.001(a)(3)
The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience. The contracting officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant. Market research involves obtaining information specific to the item being acquired and should include—
Whether the Government's needs can be met by:
1. items of a type customarily available in the commercial marketplace
2. items of a type customarily available in the commercial marketplace with modifications or
3. items used exclusively for governmental purposes - FAR 10.002(b)(1)(i)
Under prime contracts greater than $5.5 million for other than commercial items to perform market research in contracts in excess of $5.5 million for the procurement of items other than commercial items in accordance with:
section 826 of Public Law 110-181. FAR 10.001(d)
If market research indicates commercial or non-developmental items might not be available to satisfy agency needs, agencies shall:
Reevaluate the need in accordance with 10.001(a)(3)(ii) and determine whether the need can be restated to permit commercial or non-developmental items to satisfy the agency's needs - FAR 10.002(c )
Agencies shall conduct market research before soliciting offers for acquisitions with an estimated value in excess of?
the simplified acquisition threshold - FAR 10.001(a)(2)(ii)
When conducting market research, agencies should not:
request potential sources to submit more than the minimum information necessary - FAR 10.001(a)(3)(b)
Techniques for conducting market research may include any or all of the following:
1.Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements.
2. Reviewing the results of recent market research undertaken to meet similar or identical requirements.
3. Publishing formal requests for information in appropriate technical or scientific journals or business publications.
4. Querying the Governmentwide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/ and other Government and commercial databases that provide information relevant to agency acquisitions.
5.Participating in interactive, on-line communication among industry, acquisition personnel, and customers.
6.Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources
7. Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.
8.Conducting interchange meetings or holding pre-solicitation conferences to involve potential offerors early in the acquisition process - FAR 10.002(b)(2)
If agency contemplates bundling a contract at any point it should consult with the:
1.SBA procurement center representative
2.At least 30 days before release of the solicitation or 30 days prior to placing an order without a solicitation, the agency must notify any incumbent small business concerns, and should include instructions on how that concern may contact the appropriate SBA representative - FAR 10.001(c )
If market research establishes that the Government's need cannot be met by a type of item or service customarily available in the marketplace:
1.Part 12 cannot be used
2.When publication of the notice at 5.201 is required, the contracting officer shall include a notice to prospective offerors that the Government does not intend to use Part 12 for the acquisition - FAR 10.002(d)(2)