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