7.102 Policy
Source: FAR 7.102 on acquisition.gov
All federal acquisitions require thorough planning and market research to maximize competition, use commercial solutions, and ensure effective, economical procurement.
Overview
FAR 7.102 establishes the core policy requirements for acquisition planning in federal contracting. It mandates that agencies must conduct acquisition planning and market research for all acquisitions to ensure the procurement of commercial products or services whenever possible, maximize competition, select the appropriate contract type, and consider existing contracts before initiating new ones. The regulation emphasizes integrating all relevant personnel in the planning process to achieve effective, economical, and timely fulfillment of government needs. Agencies with robust acquisition planning systems that generally meet related FAR requirements are not required to revise their systems solely to align with this section.
Key Rules
- Acquisition Planning and Market Research
- Agencies must perform acquisition planning and market research for every acquisition to promote commercial solutions and competition.
- Preference for Commercial and Nondevelopmental Items
- Agencies should acquire commercial products/services or, if unavailable, nondevelopmental items to the maximum extent practicable.
- Full and Open Competition
- Agencies must seek full and open competition or, if not required, obtain the maximum practicable competition.
- Appropriate Contract Type Selection
- Agencies must select the contract type in accordance with FAR Part 16.
- Consideration of Existing Contracts
- Agencies must consider using pre-existing contracts (interagency/intra-agency) before awarding new contracts.
- Integrated Planning
- Planning must involve all personnel responsible for significant acquisition aspects.
Responsibilities
- Contracting Officers: Ensure acquisition planning, market research, competition, contract type selection, and consideration of existing contracts.
- Contractors: Respond to market research and compete for opportunities.
- Agencies: Oversee integrated planning and maintain compliant acquisition planning systems.
Practical Implications
- This section ensures acquisitions are efficient, competitive, and leverage existing solutions, reducing duplication and cost. Failure to follow these policies can result in procurement delays, protests, or noncompliance findings.
(a) Agencies shall perform acquisition planning and conduct market research (see part 10) for all acquisitions in order to promote and provide for—
(1) Acquisition of commercial products or commercial services, or to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items, to the maximum extent practicable (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3453&num=0&edition=prelim" target="_blank">10 U.S.C. 3453 and 41 U.S.C. 3307); and
(2) Full and open competition (see part 6) or, when full and open competition is not required in accordance with part 6, to obtain competition to the maximum extent practicable, with due regard to the nature of the supplies or services to be acquired (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3206&num=0&edition=prelim" target="_blank">10 U.S.C. 3206(a)(1) and 41 U.S.C. 3306a)(1)).
(3) Selection of appropriate contract type in accordance with part 16; and
(4) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts. (See 8.002 through 8.004 and subpart 17.5).
(b) This planning shall integrate the efforts of all personnel responsible for significant aspects of the acquisition. The purpose of this planning is to ensure that the Government meets its needs in the most effective, economical, and timely manner. Agencies that have a detailed acquisition planning system in place that generally meets the requirements of 7.104 and 7.105 need not revise their system to specifically meet all of these requirements.