FAR 10.003—Contract clause.
Plain-English Summary
FAR 10.003 is a narrow but important solicitation-and-contract clause prescription that tells contracting officers when they must include the Market Research clause at FAR 52.210-1. It covers three core topics: the dollar threshold that triggers the clause, the types of acquisitions to which it applies, and the explicit exception for commercial products and commercial services. In practice, this section is about documenting and reinforcing the Government’s market research responsibilities in larger noncommercial acquisitions, so offerors and contractors understand that market research is part of the acquisition process and may affect how requirements are shaped. It matters because failure to include a required clause can create solicitation defects, contract administration issues, or questions about whether the acquisition file properly supports the procurement strategy. For contractors, it signals that the Government may seek information about market conditions, sources, capabilities, and pricing as part of the acquisition. For contracting officers, it is a simple but mandatory clause-insertion rule that must be checked whenever the acquisition exceeds the stated threshold and is not for commercial products or services.
Key Rules
Insert clause above threshold
The contracting officer must include FAR 52.210-1, Market Research, in solicitations and contracts that exceed $7.5 million. The requirement is triggered by the acquisition value, so the clause must be checked whenever the procurement is above that amount.
Applies to solicitations and contracts
The prescription applies both at the solicitation stage and in the resulting contract. This means the clause must be included in the solicitation documents and carried into the award if the acquisition proceeds.
Commercial acquisitions are excluded
The clause is not required for acquisitions of commercial products or commercial services. If the procurement falls within the commercial item framework, this section does not require insertion of the Market Research clause.
Mandatory contracting officer action
The rule is written as a directive to the contracting officer, not as a discretionary practice. If the conditions are met, the clause must be inserted; there is no stated exception or judgment call in this section.
Responsibilities
Contracting Officer
Determine whether the acquisition exceeds $7.5 million and whether it is for commercial products or commercial services. If the threshold is exceeded and the acquisition is noncommercial, insert FAR 52.210-1 in the solicitation and contract.
Agency
Support acquisition planning and ensure procedures, templates, and review processes help contracting officers identify when the Market Research clause is required. Agencies should also maintain acquisition files that reflect the basis for applying or not applying the clause.
Contractor/Offeror
Review the solicitation and contract for the Market Research clause and be prepared to respond to Government market research requests or information needs as part of the acquisition process.
Practical Implications
This is a simple clause-prescription rule, but missing it can create a compliance defect in a large acquisition file.
The key screening question is not just dollar value; it is also whether the procurement is for commercial products or commercial services, because that exception removes the requirement.
Contracting officers should verify the acquisition type early in planning so the clause is included in the solicitation from the start rather than added later.
Contractors should expect that large noncommercial procurements may involve more Government information gathering about market capabilities, sources, and pricing.
Because the rule is tied to both solicitations and contracts, agencies should ensure the final award document matches the solicitation’s clause set and does not omit required provisions.
Official Regulatory Text
The contracting officer shall insert the clause at 52.210-1 , Market Research, in solicitations and contracts over $7.5 million, other than solicitations and contracts for the acquisition of commercial products or commercial services.