Low RiskFARGeneral

52.210-1Market Research.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.210-1 — Market Research.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.210-1 Market Research. As prescribed in 10.003, insert the following clause: Market Research (NOV 2021) (a) Definition. As used in this clause— Commercial product, commercial service, and nondevelopmental item have the meaning contained in Federal Acquisition Regulation (FAR) 2.101. (b) Before awarding subcontracts for other than commercial acquisitions, where the subcontracts are over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, the Contractor shall conduct market research to— (1) Determine if commercial products, commercial services, or, to the extent commercial products suitable to meet the agency's needs are not available, nondevelopmental items are available that— (i) Meet the agency's requirements; (ii) Could be modified to meet the agency's requirements; or (iii) Could meet the agency's requirements if those requirements were modified to a reasonable extent; and (2) Determine the extent to which commercial products, commercial services, or nondevelopmental items could be incorporated at the component level. (End of clause) [76 FR 14565, Mar. 16, 2011, as amended at 85 FR 27092, May 6, 2020; 86 FR 61032, Nov. 4, 2021]

Source: eCFR, 48 CFR 52.210-1 (https://www.ecfr.gov/current/title-48/section-52.210-1)

Compliance Checklist

  • (b) Before awarding subcontracts for other than commercial acquisitions, where the subcontracts are over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, the Contractor shall conduct market research to— (1) Determine if commercial products, commercial services, or, to the extent commercial products suitable to meet the agency's needs are not available, nondevelopmental items are available that— (i) Meet the agency's requirements; (ii) Could be modified to meet the agency's requirements; or (iii) Could meet the agency's requirements if those requirements were modified to a reasonable extent; and (2) Determine the extent to which commercial products, commercial services, or nondevelopmental items could be incorporated at the component level.

Flow-Down to Subcontractors

Flow-down required

This clause must be included in subcontracts with no subcontractors where the subcontractor will perform work covered by this clause. Typically appears in contract Section Section I.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.