52.215-3 Request for Information or Solicitation for Planning Purposes
Source: FAR 52.215-3 on acquisition.gov
FAR 52.215-3 ensures that responses to government requests for information or planning are treated as informational only, with no contract award or payment obligation unless otherwise allowed.
Overview
FAR 52.215-3 is a solicitation provision used when the government is seeking information or conducting market research for planning purposes, rather than soliciting formal proposals. It clarifies that no contract will be awarded based on the responses to the request, and that the government will not pay for information submitted except as allowable under other contracts per FAR 31.205-18. Responses are treated strictly as informational and not as formal offers or proposals. The provision also requires the government to state the specific purpose of the request for information or planning solicitation.
Key Rules
- No Contract Award or Payment
- The government will not award a contract or pay for information provided in response to this solicitation, except as allowable bid and proposal costs under other contracts.
- Responses Are Informational Only
- Responses are not considered proposals and will not be used as such; terms like "proposal" and "offeror" are used for convenience only.
- Purpose Statement Required
- The solicitation must clearly state its purpose in the designated section.
Responsibilities
- Contracting Officers: Must include this provision in applicable solicitations and specify the purpose of the request.
- Contractors: Should understand that responses are for information only and not submit formal proposals or expect compensation unless otherwise covered.
- Agencies: Must ensure compliance with FAR 31.205-18 regarding allowable costs and proper use of the provision.
Practical Implications
- This provision helps prevent misunderstandings about the intent of market research or planning solicitations.
- Contractors should not invest significant resources expecting a contract award from such requests.
- Common pitfalls include misinterpreting the request as a formal solicitation or expecting payment for submitted information.
As prescribed in 15.209(c), insert the following provision:
Request for Information or Solicitation for Planning Purposes (Oct 1997)
(a) The Government does not intend to award a contract on the basis of this solicitation or to otherwise pay for the information solicited except as an allowable cost under other contracts as provided in subsection 31.205-18, Bid and proposal costs, of the Federal Acquisition Regulation.
(b) Although "proposal" and "offeror" are used in this Request for Information, your response will be treated as information only. It shall not be used as a proposal.
(c) This solicitation is issued for the purpose of: ___________________________ [state purpose].
(End of provision)