48 CFR Part 210 — Market Research

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. 210.001 Policy. (a) In addition to the requirements of FAR 10.001(a)— (i)(A) Agencies shall conduct market research appropriate to the circumstances before issuing a solicitation with tiered evaluation of offers (section 816 of Pub. L. 109-163); and (B) Use the results of market research to determine 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 Pub. L. 109-163); and (ii) Contracting officers shall use market research, where appropriate, to inform price reasonableness determinations (see 212.209 and 234.7002). (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; 83 FR 15996, Apr. 13, 2018; 85 FR 34531, June 5, 2020] 210.002 Procedures. (e)(i) When contracting for services, see PGI 210.070 for the “Market Research Report Guide for Improving the Tradecraft in Services Acquisition”. (ii) See PGI 210.002(e)(ii) regarding potential offerors that express an interest in an acquisition. (iii) Follow the procedures at PGI 210.002(e)(iii) regarding contract file documentation. [80 FR 21657, Apr. 20, 2015, as amended at 81 FR 65563, Sep. 23, 2016]

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