Understanding the FAR: A Beginner’s Guide to Government Contracting (Part 10)

Section 10 of THE FAR

Welcome back to our comprehensive series on the Federal Acquisition Regulation (FAR). In the previous parts, we’ve covered various aspects of government contracting, including contractor qualifications. Today, we’ll delve into Part 10, which focuses on Market Research. This part is essential for understanding how market research is used to inform and support the acquisition process, ensuring that the government makes well-informed procurement decisions.

Part 10 of the FAR outlines the policies and procedures for conducting market research. The goal is to ensure that government agencies obtain the necessary information to make informed decisions about procurement needs, identify the best sources, and promote competition. Here’s a breakdown of the key elements of Part 10:

Subpart 10.000 – Scope of Part

Purpose: The purpose of Part 10 is to prescribe policies and procedures for conducting market research to arrive at the most suitable approach for acquiring, distributing, and supporting supplies and services.

Subpart 10.001 – Policy

General Policy: Agencies must conduct market research appropriate to the circumstances before:

  • Developing new requirements documents for an acquisition
  • Soliciting offers for acquisitions with an estimated value in excess of the simplified acquisition threshold
  • Soliciting offers for acquisitions that could lead to a bundled contract
  • Awarding contracts for services or supplies

Timing: Market research should be conducted early in the acquisition process to shape the acquisition strategy and support the identification of suitable sources.

Subpart 10.002 – Procedures

Conducting Market Research: Agencies must determine the extent of market research based on factors such as urgency, estimated dollar value, complexity, and past experience. Market research may include:

  • Contacting knowledgeable individuals in government and industry
  • Reviewing recent market research for similar requirements
  • Publishing formal requests for information (RFIs) in relevant publications and online
  • Querying the Government-wide database of contracts
  • Participating in interactive, online communication among industry, acquisition personnel, and customers
  • Obtaining source lists of similar items from other contracting activities or agencies, trade associations, or other sources
  • Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available online
  • Conducting interchange meetings or holding pre-solicitation conferences with potential offerors

Documentation: The results of market research must be documented in a manner appropriate to the size and complexity of the acquisition.

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To effectively navigate Part 10 of the FAR, here are some key principles and best practices:

  1. Start Early: Conduct market research early in the acquisition process to inform the development of requirements and acquisition strategies.
  2. Tailor Research Efforts: Tailor the extent and methods of market research to the specific circumstances of the acquisition, considering factors like urgency, complexity, and dollar value.
  3. Use Multiple Sources: Utilize a variety of sources and methods to gather comprehensive market information, including contacting industry experts, reviewing existing research, and engaging with potential suppliers.
  4. Document Findings: Maintain thorough documentation of market research efforts and findings to support acquisition decisions and ensure transparency.

Let’s explore some hypothetical scenarios to illustrate how these principles apply in real-world situations:

Scenario 1: Developing a New Requirement

Your agency is planning to acquire a new software system to improve internal operations. Here’s how you ensure compliance with Part 10:

  • Early Research: Conduct market research early in the planning phase to understand the available solutions, industry trends, and potential suppliers.
  • Engage Stakeholders: Engage with internal stakeholders to gather detailed requirements and incorporate their input into the market research process.
  • RFIs and Industry Days: Publish an RFI and host an industry day to gather information from potential suppliers and understand their capabilities.
Scenario 2: Identifying Suitable Sources

Your agency needs to procure specialized medical equipment for a new facility. Here’s how you comply with Part 10:

  • Comprehensive Search: Conduct a comprehensive search using the Government-wide database of contracts, industry publications, and supplier catalogs to identify potential sources.
  • Interactive Communication: Participate in online forums and communication channels to interact with industry experts and gather insights on the latest developments in medical equipment.
  • Pre-Solicitation Meetings: Hold pre-solicitation meetings with potential suppliers to discuss requirements and obtain feedback on the feasibility and availability of the equipment.
Scenario 3: Supporting Acquisition Strategy

Your agency is planning a major construction project with an estimated value exceeding the simplified acquisition threshold. Here’s how you navigate the requirements of Part 10:

  • Detailed Research Plan: Develop a detailed market research plan that includes contacting knowledgeable individuals in government and industry, reviewing past projects, and analyzing market conditions.
  • Documentation: Document all market research activities, findings, and recommendations to support the acquisition strategy and ensure compliance with FAR requirements.

Here are some practical tips to help your business stay compliant with Part 10 of the FAR:

  1. Collaborative Efforts: Collaborate with cross-functional teams, including contracting officers, program managers, and technical experts, to gather diverse perspectives and insights during market research.
  2. Leverage Technology: Utilize technology and online resources to conduct efficient and comprehensive market research, including online databases, virtual industry events, and digital communication platforms. The FedBiz Access Market Intel Database provides subscribers with access to a proprietary database that delivers actionable market intelligence. This includes contact information for key government buyers and daily email alerts for open solicitations, Requests for Proposals (RFPs), and Requests for Information (RFIs). Subscribers can leverage this intelligence to stay informed and competitive in the federal marketplace​​.
  3. Continuous Improvement: Continuously update and refine market research practices based on lessons learned and evolving industry trends. Regularly review and incorporate feedback from stakeholders and suppliers.
  4. Training and Development: Provide training and development opportunities for procurement personnel to enhance their market research skills and knowledge, ensuring they stay current with best practices and industry developments.

Part 10 of the FAR emphasizes the importance of thorough market research in informing and supporting the acquisition process. By understanding and adhering to these requirements, your business can ensure well-informed procurement decisions, promote competition, and achieve optimal outcomes for government acquisitions.

In our next installment, we’ll delve into Part 11 of the FAR, which covers Describing Agency Needs. Stay tuned as we continue to break down the FAR into manageable, understandable sections to help you succeed in government contracting.

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Important Note: This information is accurate as of 9/10/2024. The Federal Acquisition Regulation (FAR) is updated regularly.