1.  Include FAR 52.209-9 in the list at FAR 52.212-5.

Comment: Two respondents suggested that FAR 52.209-9, Updates to Publicly Available Information Regarding Responsibility Matters, should be added to the list of clauses incorporated as part of FAR 52.212-5 (at paragraph (b)) for FAR part 12 commercial item acquisitions. Another respondent noted that, if the clause is not included in FAR 52.212-5, it may be inadvertently omitted.

Response: The change has been made in the final rule by listing FAR 52.209-9 under FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items.