U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            FAR
                            10.002 Procedures.
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart10.0
Section10.00010.00110.00210.003
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
10.002 Procedures.10.002 Procedures.       (a) Acquisitions begin with a description of the Government’s needs stated in terms sufficient to allow conduct of market research.                                          (b) Market research is then conducted to determine if commercial products, commercial services, or nondevelopmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs.                                                         (1) 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 product or service being acquired and should include-                                                                           (i) Whether the Government’s needs can be met by-                                                                                             (A)                                     Products or services of a type customarily available in the commercial marketplace;                                                                                                (B)                                     Products or services of a type customarily available in the commercial marketplace with modifications; or                                                                                                (C)                                     Products or services used exclusively for governmental purposes;                                                                                                                                         (ii) Customary practices regarding customizing, modifying or tailoring of products or services to meet customer needs and associated costs;                                                                              (iii) Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made;                                                                              (iv) The requirements of any laws and regulations unique to the item being acquired;                                                                              (v) The availability of items that contain recovered materials and items that are energy efficient;                                                                              (vi) The distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and                                                                              (vii) Whether the Government's needs can be met by small business concerns that will likely submit a competitive offer at fair market prices (see  part  19).                                                                                                           (2) Techniques for conducting market research may include any or all of the following:                                                                           (i) Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements.                                                                              (ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements.                                                                              (iii) Publishing formal requests for information in appropriate technical or scientific journals or business publications.                                                                              (iv) 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.                                                                              (v) Participating in interactive, on-line communication among industry, acquisition personnel, and customers.                                                                              (vi) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources.                                                                              (vii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.                                                                              (viii) Conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process.                                                                              (ix) Reviewing systems such as the System for Award Management, the Federal Procurement Data System, and the Small Business Administration's Dynamic Small Business Search.                                                                                                                            (c) If market research indicates commercial products, commercial services, or nondevelopmental 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 products, commercial services, or nondevelopmental items to satisfy the agency’s needs.                                          (d)                                                         (1) If market research establishes that the Government’s need may be met by a type of product or service customarily available in the commercial marketplace that would meet the definition of a commercial product or commercial service at  subpart  2.1, the contracting officer shall solicit and award any resultant contract using the policies and procedures in  part  12.                                                            (2) If market research establishes that the Government’s need cannot be met by a type of item or service customarily available in the marketplace,  part  12 shall not be used. 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.                                                                             (e) The head of the agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.    **Parent topic:**  Part 10 - Market Research
« PreviousNext »
FavoriteX

      Far Parts
            Regulations FAR Menu
  

        
      Index
                              List of Sections Affected
                              DOD Deviations
                              CAAC Deviations
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25
                              26
                              27
                              28
                              29
                              30
                              31
                              32
                              33
                              34
                              35
                              36
                              37
                              38
                              39
                              40
                              41
                              42
                              43
                              44
                              45
                              46
                              47
                              48
                              49
                              50
                              51
                              52
                              53
                              Chapter 99 (CAS)Definitions
    Toggle
FAC Changes
    Toggle
Style Formatter
    Toggle

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt