FAR Part 10 Just Got Easier to Understand

As part of the broader FAR Overhaul effort, Part 10 of the Federal Acquisition Regulation—covering market research—has been simplified and updated.

Here’s what’s changed:

1. Simplified Language: The two old sections (10.001 and 10.002) have been combined and rewritten in clearer, more direct language.
2. More Flexibility: Agencies are no longer required to use a fixed list of market research methods. Instead, they can choose approaches that make the most sense—like holding reverse industry days or forming expert panels.
3. Key Laws Still Apply: While the wording is simpler, all existing legal requirements are still in place. That includes:
   • Giving preference to commercial products and services
   • Ensuring fair competition and planning
   • Encouraging industry engagement
4. Clause Still Required for Larger Contracts: The market research clause (FAR 52.210-1) is still required for noncommercial contracts over $6 million, even though it’s not legally required—because it supports good acquisition planning.

What’s Been Removed?

1. Requirements to consider bundling or disaster response purchases are no longer part of Part 10. They’ve been moved to other FAR sections (Parts 7 and 26).
2. Directions to use specific tools like SAM.gov or FPDS are now in supporting guidance documents rather than in the regulation itself.

Why This Matters

1. Less Red Tape: Agencies can design market research around what actually works instead of following a rigid checklist.
2. Better Communication: The updates support more open, useful conversations between government and industry.
3. Still Provides Protections: The new version keeps all the core legal safeguards intact.
4. More Vendor Opportunities: By focusing on real engagement, agencies may see a broader, more diverse vendor pool respond to their needs.

✅ Tips for Small Businesses

1. Stay Visible to Agencies Conducting Market Research
Agencies now have more flexibility in how they perform market research, which may include outreach tools like:

• Reverse industry days
• Requests for Information (RFIs)
• Sources Sought Notices
• Capability briefings
  
  📝 Tip: Regularly check SAM.gov, agency procurement pages, and small business offices to respond to these opportunities. Update your capability statement and ensure your SAM profile reflects current NAICS codes and certifications.

2. Position Yourself Before the RFP Drops
With a greater focus on early engagement, you want to be part of the market research phase—not just the bidding phase.

📣 Tip: Attend small business outreach events and industry days. Follow agency forecasts and build relationships with procurement officials before solicitations are finalized.

3. Use Reverse Industry Days to Educate Agencies
These sessions allow businesses to explain their capabilities, technology, or industry standards. With fewer restrictions on how agencies gather market input, these events could be more common.

📍 Tip: Be prepared to explain what makes your solution “commercial” or cost-effective. Bring data, success stories, and options.

4. Monitor Deviations and Policies at the Agency Level
Many agencies are using “class deviations” to implement the new FAR Part 10 ahead of the official rulemaking. Each agency may apply the deviation differently.

🔍 Tip: Review your target agency’s acquisition supplements or class deviation memos. Knowing how they conduct market research helps tailor your responses.

5. Get to Know the “Practitioner Album”
This new tool includes templates and strategies used by contracting officers. Understanding it gives you a clearer idea of how your business might be evaluated or engaged.

📚 Tip: Look at this resource to see sample language or market research plans agencies might use—and align your outreach materials accordingly.

⚠️ Things to Watch Out For

1. Fewer Formal Notices
Since agencies are no longer tied to specific tools or checklists, you may see fewer RFIs or Sources Sought posted publicly.

⚠️ Watch-Out: Don’t rely solely on SAM.gov alerts. Consider subscribing to agency newsletters, and joining OSDBU vendor lists.

2. Limited Use of Clause 52.210-1
This clause (Market Research) only applies to non-commercial contracts over $6M. If your contracts fall below this threshold or are commercial, you may see less structured engagement.

⚠️ Watch-Out: Don’t assume an agency isn’t doing market research just because you don’t see a public posting. They may be using informal methods or closed networks. This is why it is important to stay visible.

3. Consolidation Still Happens—Just Elsewhere
Part 10 no longer includes bundling or consolidation concerns. Those are now covered under Part 7.

⚠️ Watch-Out: Small businesses should still review solicitations carefully for bundling, especially if they feel the scope excludes them. Engage early or submit questions during the market research phase.