Market Research and Commercial Item Use (3 points total)

FAR 10.001(a)(3), FAR 10.002(c)

a. The cited FAR sections require agencies to use market research results to identify whether a commercial item exists to meet agency needs. If no such commercial item exists, what must the agency do? (1 pt)

1. Additional information is required to support its conclusion that the required biosensor is a non-commercial item. The biosensor is currently not available commercially. However, scientist estimate that the biosensors could become commercially available in 2 to 5 years. Additionally, commercial suppliers could manufacture an acceptable prototype within 2 to 3 years after contract award. The commercial entity with the most promising research and recommended source is Nanotech, Inc.

2. 10.002(b)(1)(vi) Market research should detail the distribution and support capabilities of Nanotech, Inc. According to Attachment 1, Nanotech does not currently possess facilities which would allow for full-scale production type contracts.

3. 10.002(b)(1)(i)(C) Market research should provide additional information if the required biosensors are going to be used exclusively for governmental purposes. So far the most promising source is Nanotech. However, their business model is to commercialize their inventions through industry partnerships. This could impact the commerciality determination in the future.

4. 10.002(b)(1)(iv) Market research should address the requirements of any laws and regulations unique to the item being required. A program management objective is to obtain sufficient technical data rights (software and hardware) so that the Government can maintain and modify the biosensor design. This conflicts with Nanotech's business model. Therefore, market research should address intellectual