6.2 Market Research (FAR Part 10)
Key Takeaways
- FAR Part 10 requires market research to arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services—before developing new requirements documents and before soliciting offers.
- Market research supports commercial product/service determinations, competition strategy, small business considerations, independent estimates, and acquisition method selection (including Part 12 commercial paths when appropriate).
- Techniques include reviewing recent acquisitions, contacting knowledgeable people in government and industry, reviewing catalogs and product literature, online/commercial databases, exchanges with industry, and other reasonable methods scaled to the buy.
- Document the research: what was done, sources consulted, conclusions on commerciality and availability, and how findings drive strategy—not merely a checkbox that research “occurred.”
- Skipping or reverse-engineering market research after choosing a sole source is a high-frequency CON 3990V trap; research should inform decisions, not ratify predetermined outcomes.
6.2 Market Research (FAR Part 10)
Quick Answer: FAR Part 10 requires market research so the Government understands commercial availability, sources, and practices before writing restrictive requirements and before soliciting offers. Document techniques used and conclusions. Research drives Part 12 commercial paths, competition, small business strategy, and realistic cost/schedule assumptions—do not reverse-engineer research after picking a sole source.
If Part 7 is the spine of Plan Solicitation, Part 10 market research is the sensory system. Without it, acquisition plans invent capabilities that do not exist, default to brand-name-only specs, miss commercial products already on the market, or walk into sole-source justifications that will not survive scrutiny.
Purpose of market research
Market research is collecting and analyzing information about capabilities in the market to satisfy agency needs. FAR Part 10’s policy direction is practical: agencies must conduct market research appropriate to the circumstances:
- Before developing new requirements documents
- Before soliciting offers for acquisitions above applicable thresholds/conditions set in Part 10 and agency practice
- On an ongoing basis to the maximum extent practicable, so the Government remains current on marketplace developments
| Purpose | Why CON 3990V cares |
|---|---|
| Suitable approach | Choose commercial vs noncommercial, competitive method, contract type inputs |
| Requirement quality | Avoid over-specifying; use commercial standards and performance language when possible |
| Competition | Identify multiple sources; challenge “only one capable” claims |
| Commerciality | Support Part 12 commercial product/service determinations |
| Socioeconomic | Find small business capability; inform set-aside analysis (with Part 19) |
| Cost realism of the Government’s own estimate | Benchmark prices and practices |
Market research is not optional background reading for the technical office alone. Contracting professionals must ensure research is adequate for the business decisions the CO will sign.
Ongoing vs one-time research
| Mode | Description | Example use |
|---|---|---|
| Ongoing | Continuous scanning of industry trends, catalogs, GSA/schedule offerings, trade publications, past performance data | IT commodities, common services, recurring supplies |
| One-time / buy-specific | Focused research for a particular requirement’s acquisition strategy | Unique training system, specialized equipment, new service scope |
Exam cue: For recurring needs, “we did market research five years ago for a different model” may be stale. Part 10 expects research appropriate to the circumstances—complexity, dollar value, urgency, and how fast the market moves. High-change markets (software, medical devices, cybersecurity services) need fresher looks than stable commodities.
Techniques (scaled, not exhaustive busywork)
Part 10 contemplates a flexible toolkit. Match intensity to risk and value:
| Technique | What you learn |
|---|---|
| Review recent Government acquisitions | Prices paid, sources, terms that worked or failed |
| Query knowledgeable people | Program experts, other agencies, industry specialists |
| Review catalogs, product literature, and online sources | Commercial offerings, standard terms, lead times |
| Obtain source lists / SAM and dynamic small business search tools | Potential offerors, socioeconomic status signals |
| Industry days, RFIs, draft solicitations, one-on-ones (fairly conducted) | Capability feedback, requirement clarity, competition temperature |
| Professional associations / standards bodies | Commercial practices and standards |
| Interchanges with other agencies | Strategic sourcing lessons and existing contracts |
Fairness note: When you exchange information with industry pre-solicitation, preserve competitive integrity—share material information so no firm gains an unfair advantage, and document contacts consistent with agency practice and ethics rules (ties to Guiding Principles and Part 3 themes).
You do not need every technique on every buy. A simplified commercial buy may rely primarily on catalogs, recent prices, and a quick source scan. A major system support services acquisition may need RFIs, industry day, and deep capability analysis.
How research drives the commercial vs noncommercial path
A central Part 10 / Part 12 connection:
- Research whether commercial products or commercial services can meet the need (definitions live in Part 2; procedures in Part 12).
- If commercial items can meet the need, prefer commercial acquisition approaches—often with more flexible terms and reliance on commercial market pricing practices.
- If the need cannot be met commercially, document why and proceed under noncommercial procedures with appropriate clauses and cost/price analysis expectations.
Exam trap: Writing a custom military-unique specification for a product sold commercially in substantially the same form, then declaring “noncommercial because we always do it that way.” Market research should have pushed the team toward commercial descriptions and Part 12 procedures when they fit.
Exam trap: Calling something commercial solely to avoid cost analysis or competition documentation without research support. Commerciality is a definitional determination, not a convenience label.
Competition and small business outcomes
Market research feeds:
- Part 6 competition strategy — Are there two or more capable sources? If only one appears, is that because the requirement is unduly restrictive?
- Part 19 small business — Is there a reasonable expectation of offers from two or more responsible small businesses (rule-of-two thinking at principle level for set-asides)?
- Part 8 required sources — Are mandatory sources or existing vehicles appropriate before open-market strategies?
When research shows a healthy small-business market for the requirement, planning that ignores set-aside analysis is incomplete. When research shows only large businesses can perform, document capability findings rather than silently defaulting.
Documenting market research
Documentation is how research becomes a defensible file artifact. Capture:
| Documentation element | Content |
|---|---|
| Scope of need researched | What capability/requirement was studied |
| Methods used | Techniques and dates |
| Sources consulted | Firms, databases, other agencies, publications |
| Findings | Availability, commerciality indicators, price ranges, lead times, customary practices |
| Conclusions | How findings shape strategy, specs, competition, small business, contract type inputs |
| Team roles | Who conducted technical vs business research |
Insufficient: “Market research conducted. Multiple sources exist.” Sufficient: Summarize how you know, what you found, and what decision it supports.
For other-than-full-and-open competition, weak market research is a JOFOC killer. For commercial determinations, weak research undermines Part 12. For price analysis later, weak research leaves you without comparison anchors.
Sources of market data (practical map)
| Source family | Examples of insight |
|---|---|
| Government systems | Prior contract files, FPDS-type award data, agency strategic sourcing tools, schedules/GWACs as market signals |
| Industry public info | Websites, catalogs, white papers, commercial price lists |
| Structured outreach | RFI responses, industry day Q&A, capability statements |
| Cross-agency | Sister DoD components or civilian agencies with similar buys |
| Technical community | Engineers, logisticians, clinicians, cybersecurity SMEs |
Always validate vendor marketing claims. Capability brochures are not performance history.
Exam scenarios and traps for skipping research
Scenario A — Sole source first, research second. A colonel directs award to a preferred firm “because they already know our system.” The program office drafts a JOFOC, then asks contracting to “do market research to support it.” Correct approach: Conduct independent market research into the requirement before accepting a sole-source narrative; if other sources exist or the requirement can be rewritten to enable competition, do not force a predetermined JOFOC.
Scenario B — Brand-name only with no research. A requisition specifies Brand X “or equal” language missing, or true brand-name-only without justification. Correct approach: Research equivalents; require brand-name justification if truly necessary; promote competition.
Scenario C — Stale research for a fast-moving market. Research from three years ago is reused for cloud security services. Correct approach: Refresh research appropriate to market velocity.
Scenario D — Research proves commercial, plan ignores it. Market research shows commercial SaaS meets the need; the plan still treats the buy as developmental noncommercial with heavy unique clauses. Correct approach: Align strategy with research—consider Part 12 path and commercial terms.
Scenario E — Checkbox research. A specialist pastes three Google links into a form without analysis. Correct approach: Inadequate; research must support conclusions that drive decisions.
Linking Part 10 to Plan Solicitation decisions
Use this closed-book decision chain:
- Define the need at outcome level (Part 7 start).
- Research the market (Part 10).
- Decide commerciality and refine the requirement (Parts 2/10/12).
- Shape competition / small business / required sources (Parts 6, 8, 19).
- Select procedures (Parts 12, 13, 15 as applicable).
- Update the acquisition plan so the file tells one coherent story.
If step 2 is skipped, every later step is guesswork.
CON 3990V memory anchors
- Part 10 = learn the market before you write and before you solicit.
- Document methods + conclusions, not slogans.
- Research drives Part 12 vs noncommercial, competition, and small business—not the reverse.
- Scale effort to complexity; never scale to zero for significant decisions.
- Urgency may compress research, but does not erase the duty to gather what is practicable.
Bottom line: FAR Part 10 market research equips the acquisition team with evidence about commerciality, sources, practices, and prices before requirements harden and offers are sought. Document what you did and how it changes strategy. On CON 3990V, reverse-engineered research, stale findings, and checkbox memos are wrong answers—use research to discover the market, not to decorate a predetermined vendor choice.
Under FAR Part 10 principles, when should market research generally be conducted relative to requirements development and solicitation?
A program office decides a sole-source award is required and then asks contracting to perform market research “to support the justification already written.” What is the best assessment?
How does effective market research typically influence the commercial acquisition path?
Which documentation approach best satisfies sound Part 10 practice for a complex service acquisition?