Contract clause
Include the 52.210-1 Market Research clause in all non-commercial solicitations and contracts over $6 million to ensure compliance with FAR market research requirements.
Overview
FAR 10.003 requires contracting officers to include the clause at 52.210-1, Market Research, in solicitations and contracts that exceed $6 million, except when acquiring commercial products or commercial services. This clause ensures that market research requirements are formally incorporated into applicable contracts, promoting informed acquisition decisions and compliance with market research policies.
Key Rules
- Clause Inclusion Requirement
- The clause at 52.210-1 must be inserted in all solicitations and contracts over $6 million, unless the acquisition is for commercial products or services.
- Exemption for Commercial Acquisitions
- Solicitations and contracts for commercial products or commercial services are exempt from this requirement.
Responsibilities
- Contracting Officers: Must ensure the clause at 52.210-1 is included in all applicable solicitations and contracts over $6 million, except for commercial acquisitions.
- Contractors: Should review solicitations and contracts to confirm the inclusion of the clause when applicable and understand the market research obligations it imposes.
- Agencies: Should oversee compliance with this requirement as part of acquisition planning and contract administration.
Practical Implications
- This section ensures that market research is a formal part of the acquisition process for larger, non-commercial contracts, supporting better procurement outcomes.
- Contractors should be aware of the clause and its requirements, as failure to comply could impact contract performance or eligibility.
- Common pitfalls include overlooking the clause for eligible contracts or misclassifying acquisitions as commercial to avoid the requirement.