Sections FAR 10.001 and 10.002, which previously outlined when and how federal agencies should conduct market research, have been consolidated into a single streamlined section: FAR 10.001, “Market research requirements.” The revised section eliminates several provisions and simplifies the compliance framework. Agencies are now required only to:
- Describe their legitimate needs; and
- Conduct market research appropriate to the acquisition’s scope and complexity before drafting new requirements, soliciting offers above the simplified acquisition threshold, or issuing task or delivery orders above that threshold.
Several provisions in FAR Part 10 were removed for being “outdated, redundant, or otherwise unnecessary.” For instance, requirements for agencies to consult with small business specialists, notify small business incumbents when considering consolidation or bundling, and coordinate with Small Business Administration (SBA) representatives were eliminated. These obligations remain in effect under FAR Part 7.
Key Additions
FAR Part 10.001 introduces several updates aimed at modernizing and simplifying market research. Notable additions include:
FAR 10.001(c): Agencies are encouraged to engage in “responsible and constructive” exchanges with industry, provided such interactions do not violate procurement integrity rules or create unfair competitive advantages.
FAR 10.001(d): Agencies must limit information requests to only what is necessary, reducing administrative burdens on contractors and streamlining early acquisition planning.
FAR 10.001(f): Agencies must procure commercial solutions “to the maximum extent practicable” using a hierarchal approach that prioritizes existing governmentwide contracts and commercial availability before exploring non-developmental or customized solutions. Agencies must consider, in descending order of priority, whether:
- A commercial product or service on an existing governmentwide contract satisfies the need;
- The requirement can be modified to use an existing contract;
- A commercial product or service is available outside existing contracts;
- A commercial product or service can be modified to meet the requirements; or
- A non-developmental item is necessary.
The revised FAR Part 10 retains the requirement to include clause 52.210-1 (Market Research) for noncommercial acquisitions exceeding $6 million, now with an explicit reference to its statutory authority under 10 U.S.C. 3453(c). This FAR clause continues to require contractors to assess the availability of commercial products or services before awarding any noncommercial subcontracts. Beyond the regulatory revisions, the release of FAR Part 10 included additional guidance, resources, and important caveats for the industry to consider.