C. Clarification of FAR Language

1. Comment: A respondent concluded that the interim rule confuses the prime contractor's role in procuring supplies and services to support its deliverable to the Government, i.e., subcontracting, with the unique and completely distinct role of a prime contractor holding a contract to operate a Government facility and act in the place of the Government in procuring supplies and services solely to support the activities at the Government facility, i.e., acting as an agent of the Government.

Response: The Councils eliminated the "purchasing agent" language by deleting the Alternate I to FAR 52.244-6. The Councils also created a new FAR clause 52.210-1, Market Research.

2. Comment: A respondent noted that there is a significant difference between the section 826 requirement to conduct market research "as may be necessary" and the FAR 44.402(b) requirement to conduct market research "to the maximum extent practicable." The respondent requested that the language from section 826 be used so that contractors will have the ability to tailor their market research as necessary to reflect their knowledge and experience of the supplies and services being procured.

Response: The Councils do not agree with the respondent. The Government has interpreted "as may be necessary" to mean "to the maximum extent practicable." In any case, the term "to the maximum extent practicable'' has been removed from the case, as the coverage for FAR 44.402(b) has been deleted from the rule.