Market Research and Solicitation Phases

Many firms or agencies at times get confused between the market research and solicitation phase.  Per FAR 10, the market research process needs to entail and describe their requirements. Also, per GAO’s publication, GAO-15-8 describes market research is a dynamic to examine a marketplace or to obtaining intelligence about a sector. Inclusive in the dynamic in many requirements are security issues, vis-à-vis, the need for a facility clearance or security clearance for personnel. In GAO’s bid decision B-413508-2 dated December 29, 2016, the protester argued that during the market research phase the agency had the unduly restrictive language of requiring a security clearance. The GAO's bid decision is really related to the solicition phase. The need for a facility and security clearances starts at a time of award not prior, so as acquisition professionals, we should consider the time between completing your market research and when the solicitation goes out on the street. For example, “does your firm currently have facility clearance or can you attain one by a time of award?” This provides the fair opportunity to all possible future offerors or awardees in the process.  

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