Overview
FAR 12.202 establishes market research as the fundamental starting point for commercial acquisitions, requiring agencies to define their needs in a manner that allows the commercial marketplace to provide innovative and functional solutions. It mandates that requirement documents focus on performance outcomes and physical characteristics while incorporating specific federal standards for accessibility and information technology.
Key Rules
- Foundational Requirement: Market research is an essential prerequisite that dictates the acquisition strategy, the description of need, the solicitation, and the final contract.
- Description Standards: For acquisitions exceeding the Simplified Acquisition Threshold (SAT), the agency must describe the requirement in terms of functions to be performed, performance requirements, or essential physical characteristics.
- Offeror Flexibility: Descriptions must contain enough detail for potential offerors to determine suitability, specifically allowing them to propose various commercial methods to meet the government's needs.
- ICT Accessibility: Requirements documents must identify applicable information and communication technology accessibility standards (Section 508 compliance) per 36 CFR 1194.1.
- IP Compliance: Any information technology acquisition involving Internet Protocol must include specific compliance requirements (typically IPv6) in accordance with FAR 11.002(g).
- Reference to Specifications: Agencies must follow Subpart 11.2 for identifying and applying specifications, standards, and commercial item descriptions.
Practical Implications
- Avoids Restrictive Specs: By focusing on "function" and "performance" rather than brand-specific designs, the government encourages broader competition and leverages existing commercial innovation.
- Upfront Compliance: Contracting officers and program managers must ensure that accessibility and technical IT standards are integrated during the requirements-definition phase to avoid costly solicitation amendments or non-compliant deliverables.