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Electronic Code of Federal Regulations
Title 48: Federal Acquisition Regulations System
PART 210—MARKET RESEARCH
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
Source: 71 FR 53043, Sept. 8, 2006, unless otherwise noted.
(a) In addition to the requirements of FAR 10.001(a), agencies shall—
(i) Conduct market research appropriate to the circumstances before—
(A) Soliciting offers for acquisitions that could lead to a consolidation of contract requirements as defined in 207.170-2; or
(B) Issuing a solicitation with tiered evaluation of offers (Section 816 of Public Law 109-163); and
(ii) Use the results of market research to determine—
(A) Whether consolidation of contract requirements is necessary and justified in accordance with §207.170-3; or
(B) Whether the criteria in FAR part 19 are met for setting aside the acquisition for small business or, for a task or delivery order, whether there are a sufficient number of qualified small business concerns available to justify limiting competition under the terms of the contract. If the contracting officer cannot determine whether the criteria are met, the contracting officer shall include a written explanation in the contract file as to why such a determination could not be made (Section 816 of Public Law 109-163).
(c)(2) In addition to the notification requirements at FAR 10.001(c)(2)(i) and (ii), see 205.205-70 for the bundling notification publication requirement.
[71 FR 53043, Sept. 8, 2006, as amended at 75 FR 40716, >July 13, 2010]
When contracting for services, see the market research report guide for improving the tradecraft in services acquisition at PGI 210.070.
[77 FR 52253, Aug. 29, 2012]