The FAR Council’s “Revolutionary FAR Overhaul” has streamlined FAR Part 10, shifting from a prescriptive, statute-heavy approach to a leaner set of minimum requirements. While this promises faster procurements and greater agency flexibility, it also raises critical questions for small businesses and government contractors accustomed to predictable market-research triggers. In this blog, we break down what you need to know about the new FAR Part 10, which GSA has already adopted via a class deviation, effective May 22, 2025.
Background
FAR Part 10—Market Research—is the “playbook” instructing contracting officers exactly when and how to reach out to industry, including small businesses, prior to conducting procurements. Historically, it guaranteed pause points (e.g., before any bundled acquisition) and laid out a “menu” of research methods to ensure broad outreach. Under the FAR Overhaul, Part 10 has been stripped back to a bare-bones set of triggers—shifting much of the statutory substance into other FAR parts (which are also on the FAR Overhaul chopping block) and forthcoming guidance.
Key Changes in FAR Part 10
- Market Research Triggers
Previously, FAR Part 10 included six market research triggers. Under the revised version, agencies must conduct market research in only three scenarios:
- For a brand-new requirement
- For any acquisition over the Simplified Acquisition Threshold (SAT)
- For IDIQ orders over the SAT
- Small-Business Provisions Removed
All references to small business have been removed from FAR Part 10.
- Bundling & Consolidation Triggers
Under the old FAR, agencies were instructed to do market research before any procurement that could lead to bundling or consolidation, consult with a Small Business Specialist and an SBA Procurement Center Representative, and notify small business incumbents. This language has been removed as redundant because it is already addressed in FAR Parts 7.
- Set-Aside Considerations
Agencies are no longer instructed to use market research to determine whether an acquisition should be set aside for any of SBA’s small business programs under FAR Part 19.
- No More “Menu” of Research Techniques
The old FAR Part 10 included detailed procedures including nine market research methods—industry days, RFIs, catalog reviews, database searches, etc.—to ensure broad outreach (including to small businesses). The new FAR Part 10 eliminates the entire “Procedures” section. According to the FAR Council, these procedures are not required by law and will be moved to a forthcoming “FAR Companion Guide” that will allow acquisition teams greater flexibility and discretion to consider techniques that are most appropriate.
- Emphasis on Commercial Solutions Retained
While much of FAR Part 10 has been eliminated, the FAR Council retained the language emphasizing that market research should be used to determine whether commercial products or services can meet the agency’s needs.
- See What Was Cut
To compare the old and new versions of FAR Part 10, the FAR Council has provided a redline (strike-out) comparison) version.
Takeaways
- Impact on Small Business. The removal of small business language from FAR Part 10 is not necessarily an immediate cause for concern. FAR Part 7 still governs justifications and market-research requirements for bundling/consolidation. FAR Part 19 still outlines the rules for SBA’s small-business programs, subcontracting plans, and SBA coordination. And statutes such as the Small Business Act continue to mandate small business considerations in procurement. However, by stripping this language from FAR Part 10, the FAR Council is betting that agencies will continue to adhere to Parts 7 and 19 when required. In practice, agencies under pressure to move fast may skip over those requirements, forcing small businesses to become their own watchdogs.
- Risk of Oversimplification
In theory, the pared-down FAR Part 10 empowers agencies to tailor market research to each procurement—but without clear benchmarks, they may inadvertently narrow their industry outreach, potentially leading to narrower requirement definitions, reduced vendor competition, and missed opportunities for small businesses to engage early.
- Guidance & Training Will Make or Break Success
The true measure of this overhaul won’t be the slimmer FAR text but how well the acquisition workforce adapts. Forthcoming “FAR Companion Guides,” updated buying guides, and comprehensive training will be critical. If agencies roll out clear, easy-to-use resources and invest in hands-on training, COs can still conduct robust market research. If not, the streamlined approach risks becoming a green light for cursory outreach rather than meaningful market engagement.
- Get Your Voice Heard
Submit your comments on FAR Part 10 by July 6, 2025, at 12:00 PM ET by visiting this link
