The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research.

The GSA provided the following explanation of the changes to FAR Part 10:

FAR Part 10, concerning Market Research, has been updated to offer acquisition teams more flexibility in their research methods:

• • Greater flexibility in techniques: The FAR no longer lists specific market research considerations or techniques that must be used.
    • You have the flexibility to choose the market research method that best fits your needs. For example, you might host a reverse industry day or expert panel. This allows industry experts to share their perspectives, commercial practices, and experiences with the acquisition team.
    • For more information on reverse industry days and to read about more good market research techniques, check out the “Smart Accelerators” in the Practitioner Album available at Acquisition.gov/far-overhaul.

• • Competition requirements remain: Acquisition professionals must still comply with the Competition in Contracting Act (CICA) (41 U.S.C.§ 3301 et seq), which may necessitate market research.
  • Flexibility at all dollar values: Acquisition professionals can apply market research concepts to procurements of any size.
  • While FAR clause 52.210-1 Market Research is not required by statute, across the Government, it has been retained as essential to the acquisition process.

The GSA explained that “[r]equirements to consider various issues in market research, including for consolidation or bundling procurements are removed.”  GSA did note that “[c]ontent stemming from 15 U.S.C. 644(e) [addressing contract bundling] and 15 U.S.C. 657(q) [consolidation of contract requirements] is mandatory, however the requirement is covered in FAR part 7.” The GSA also removed “[r]equirements for disaster relief purchasing” and noted that “[c]ontent stemming from 6 U.S.C. 796 [registry of disaster response contractors] is mandatory, however the requirement is covered in FAR part 26.”

The new FAR Part 10 is located here.

Notably for small business contractors, GSA deleted FAR 10.001(a)(3)(viii), which provided that “Agencies shall…[d]etermine whether the acquisition should utilize any of the small business ‎programs in accordance with part 19….” While this revision does not eliminate FAR Part 19 or small business regulatory requirements, it is worth monitoring how GSA will address important small business regulations, such as the Rule of 2.

In connection with the revisions, GSA also issued a “Practitioner Album” for FAR Part 10. This site contains:

• • • The summary of changes to FAR Part 10;
    • A redline showing the deletions (but not the additions) to FAR Part 10;
    • The online training module used to assist agency employees in deploying market research tools, Smart Accelerators, includes a summary of the Procurement Co-Pilot described as a “data-powered research wingman. It helps you to explore prices paid, vendor history, and contract options – all in one place”; and,
    • An article from GSA’s Associate Administrator Government-wide Policy and Chief Acquisition Officer, and Senior Procurement Executive, Office of Government-wide Policy, on the Value of Industry Days & Forms-Based RFIs.

This article summarizes aspects of the law. This article does not constitute legal advice. For legal advice regarding your situation, you should contact an attorney.