Contract clause
Insert the 52.210-1 Market Research clause in all non-commercial solicitations and contracts over $7.5 million to ensure compliance with FAR requirements.
Overview
FAR 10.003 requires contracting officers to include the clause at 52.210-1, Market Research, in solicitations and contracts exceeding $7.5 million, except when acquiring commercial products or commercial services. This clause ensures that market research requirements are formally incorporated into applicable contracts, reinforcing the importance of market research in the acquisition process for large, non-commercial procurements.
Key Rules
- Clause Inclusion Requirement
- The 52.210-1 Market Research clause must be inserted in all solicitations and contracts over $7.5 million, unless the acquisition is for commercial products or services.
- Exclusion for Commercial Acquisitions
- The requirement does not apply to contracts for commercial products or commercial services, regardless of value.
Responsibilities
- Contracting Officers: Must ensure the 52.210-1 clause is included in all applicable solicitations and contracts.
- Contractors: Should be aware that the clause may impose market research-related obligations if included in their contract.
- Agencies: Must oversee compliance with clause inclusion and ensure proper application of the rule.
Practical Implications
- This section ensures that market research is a formal, enforceable part of large, non-commercial contracts, supporting informed acquisition decisions.
- Contractors should review solicitations for the presence of the clause and understand any resulting obligations.
- Common pitfalls include failing to include the clause in eligible contracts or mistakenly including it in commercial acquisitions.
