10.001 Policy.

(a) Agencies shall—

(1) Ensure that legitimate needs are identified and trade-offs evaluated to acquire items that meet

those needs;

(2) Conduct market research appropriate to the circumstances–

(i) Before developing new requirements documents for an acquisition by that agency;

(ii) Before soliciting offers for acquisitions with an estimated value in excess of the simplified

acquisition threshold;

(iii) Before soliciting offers for acquisitions with an estimated value less than the simplified

acquisition threshold when adequate information is not available and the circumstances justify its

cost;

(iv) Before soliciting offers for acquisitions that could lead to consolidation or bundling (15

U.S.C.644(e)(2)(A)) and 15 U.S.C. 657q);

(v) Before awarding a task or delivery order under an indefinite-delivery/indefinite-quantity (ID/IQ)

contract (e.g., GWACs, MACs) for other than a commercial product or commercial service in excess

of the simplified acquisition threshold (10 U.S.C. 3453(c)); and

(vi) On an ongoing basis, take advantage (to the maximum extent practicable) of commercially

available market research methods in order to effectively identify 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-

(A) A contingency operation or defense against or recovery from cyber, nuclear, biological, chemical,

or radiological attack; and

(B) Disaster relief to include debris removal, distribution of supplies, reconstruction, and other

disaster or emergency relief activities (See 26.205); and

(3) Use the results of market research to–

(i) Determine if sources capable of satisfying the agency’s requirements exist;

(ii) Determine if commercial products or commercial services, or, to the extent commercial products

suitable to meet the agency’s needs are not available, 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;

(iii) Determine the extent to which commercial products, or nondevelopmental items could be

incorporated at the component level;
(iv) Determine the practices of firms engaged in producing, distributing, and supporting commercial

products or commercial services, such as type of contract, terms for warranties, buyer financing,

maintenance and packaging, and marking;

(v) Ensure maximum practicable use of recovered materials (see subpart 23.4) and promote energy

conservation and efficiency;

(vi) Determine whether consolidation is necessary and justified (see 7.107-2) (15 U.S.C. 657q);

(vii) Determine whether bundling is necessary and justified (see 7.107-3) (15 U.S.C.644(e)(2)(A));

(viii) Determine whether the acquisition should utilize any of the small business programs in

accordance with part 19; and

(ix) Assess the availability of supplies or services that meet all or part of the applicable information

and communication technology accessibility standards at 36 CFR 1194.1 (see subpart 39.2).

(b) When conducting market research, agencies should not request potential sources to submit more

than the minimum information necessary.

(c) If an agency contemplates consolidation or bundling, the agency—

(1) When performing market research, should consult with the agency small business specialist and

the local Small Business Administration procurement center representative (PCR). If a PCR is not

assigned, see 19.402(a); and

(2) Shall notify any affected incumbent small business concerns of the Government's intention to

bundle the requirement and how small business concerns may contact the appropriate Small

Business Administration procurement center representative (see 7.107-5(a)).

(d) See 10.003 for the requirement for a prime contractor to perform market research in contracts in

excess of $6 million, other than contracts for the acquisition of commercial products or commercial

services (section 826 of Pub. L. 110-181).

Parent topic: Part 10 - Market Research