FAR Part 10

1. FAR Part 10 MarketResearch

2. Market Research FAR Part 10 - Prescribes policies and procedures for conducting Market Research.

3. Why? – Market Research • To arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services.

4. 10.001Policy • Agencies must— • Ensure that legitimate needs are identified and trade-offs evaluated to acquire items that meet those needs.

5. Conducting Market Research • Is appropriate to the circumstances before soliciting offers for acquisitions with an estimated value? In excess of the simplified acquisition threshold. Less than the simplified acquisition threshold when adequate information is not available and the circumstances justify its cost.

6. Conducting Market Research • When appropriate to the circumstances of: Soliciting offers for acquisitions that could lead to a bundled contract (15 U.S.C. 644(e)(2)(A));

7. Conducting Market Research • Is appropriate in the circumstances of: Awarding a task or delivery order under an indefinite-delivery/indefinite-quantity (ID/IQ) contract (e.g., GWACs, MACs) for a noncommercial item in excess of the amplified acquisition threshold (10 U.S.C. 2377)

8. Conducting Market Research • Commercially available Market Research methods: Assists in locating small businesses and identifying new applicants and their capabilities that meet the requirements of the agency, now and for the future.

9. Conducting Marketing Research • Agencies should not request potential sources to submit more than the minimum information necessary. • If an agency contemplates awarding a bundled contract.

10. Results of Market Research • Determine if sources are capable of satisfying the agency’s requirements exist. • Determine if commercial items or, to the extent commercial items are suitable to meet the agency’s needs, and are not available, non-developmental items are available.

11. Results of Market Research • Meets the agency’s requirements; or can be modified to a reasonable extent. • Determines the extent to which commercial items or non-developmental items could be incorporated at the component level.

12. Results of Market Research • Determine the practices of firms engaged in producing, distributing, and supporting commercial items, such as type of contract, terms of warranties, buyer financing, maintenance, packaging, and marking; • Ensure maximum practicable use of recovered materials (see Subpart 23.4) and promote energy conservation and efficiency. • Determine whether bundling is necessary and justified (see 7.107) (15 U.S.C. 644(e)(2)(A)).

13. Results of Market Research • Assess the availability of electronic and information technology that meets all or part of the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR. • When conducting market research, agencies should not request potential sources to submit more than the minimum information necessary.

14. Marketing Research - Do’s • Consult with the local Small Business Administration procurement center representative. • At least 30 days before release of the solicitation or 30 days prior to placing an order without a solicitation.

15. Marketing Research - Do’s • Notify any affected incumbent small business concerns of the Government’s intention to bundle. • Notify any affected incumbent small business concerns of how the concerns may contact the appropriate Small Business Administration representative.

16. Marketing Research - Do’s • The requirement for a prime contractor to perform market research in contracts in excess of $5 million for the procurement of items other than commercial items

17. 10.002 Procedures • Description of Governments needs stated in sufficient terms to allow for Market Research. • Determine if commercial items or non- developmental items, available to meet the Governments needs.

18. Procedures • Market Research will vary depending on such factors as urgency, estimated dollar value, complexity and past experience. • The CO may use Market Research conducted within the last 18 months before award, if information is still current, accurate and relevant.

19. Procedures: • Market Research must be specific to the items being acquired, to support weather the Governments needs can be met. • Items of a type customarily available in the commercial marketplace, or with modification or used exclusively for government purposes.

20. Procedures: Routine practices regarding customizing, or modifying items to meet the customers needs, and associated costs may include: • Warranty • Buyer Financing • Discounts • Contract type

21. How to Conduct Market Research • Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. • Review the results of recent Market Research conducted to meet similar or identical requirements.

22. How to Conduct Market Research • Government databases used by multiple agencies. • Government and commercial databases. • Interactive, on-line communication, with industry and acquisition personnel.

23. How to Conduct Market Research • Publish formal requests for recent Market Research in appropriate technical and scientific journals and business publications. • Government databases used by multiple agencies. • Government and commercial databases.

24. Document – Document - Document • Always DOCUMENT the results of Market Research in a manner appropriate to the size and complexity of the acquisition.