Inactive

COMBINED SYNOPSIS / SOLICITATION COMPETITIVE Classification code: 66 Title: Canon Aplio i800 or equal ultrasound system. This is a combined synopsis/solicitation for commercial items prepared in accor... COMBINED SYNOPSIS / SOLICITATION COMPETITIVE Classification code: 66 Title: Canon Aplio i800 or equal ultrasound system. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is HHS-NIH-NIDA-CSS-20-07348 and the solicitation is issued as a request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08, dated 13 Aug 2020. The solicitation is unrestricted and open to all offerors. The associated NAICS code is 334516 and the small business size standard is 1000 employees. Supplies or Services and Prices The National Institute of Neurological Disorders and Stroke (NINDS) has a requirement for Canon Aplio i800 or equal ultrasound system. Delivery is expected within 60 days after contractor receipt of award. Delivery and installation must be performed at 35A Convent Drive, Bldg 35, Room GF121, Bethesda, MD 20892 between the hours of 8:00 am and 5:00 pm, local prevailing time, Monday through Friday. Price Schedule (1) APLIO I800 ULTRASOUND IMAGING SYSTEM OR EQUAL (1) PROTOCOL ASSISTANT (1) GEL WARMER (1) MULTI-FREQUENCY WIDE FOOTPRINT LINEAR TRANSDUCER (14L5) (PLT-1005BT/FS) OR EQUAL (1) MULTI-FREQUENCY LINEAR TRANSDUCER HOCKEY STICK (I22LH8) (PLI-2002BT/FS) OR EQUAL (1) LINEAR ARRAY TRANSDUCER (I18LX5) (PLI-1205BX/FS) OR EQUAL (1) LINEAR ARRAY TRANSDUCER (I24LX8) (SP)(PLI-2004BX/FS) OR EQUAL (1) LINEAR ARRAY TRANSDUCER (I33LX9) (SP)(PLI-3003BX/FS) OR EQUAL (1) PANORAMIC VIEW (USPV-AI900A/EL) OR EQUAL (1) SHEAR WAVE (USSW-AI800A.100) OR EQUAL SHEAR WAVE Background and Requirement In agreement with the National Institute of Neurological Disorders and Stroke (NINDS) mission, EMG Section provides neurodiagnostic services as well as provide clinical trial monitoring to NINDS and the NIH Clinical Center. It needs to maintain a state of the art EMG lab to provide the NIH researchers with neurodiagnostic services in keeping with today’s technology. These services provide vital information about the peripheral nervous system and muscles for both diagnostic purposes and for use in clinical trials. In 2013, we acquired a mid-low range ultrasound device for use in the EMG Lab. The incorporation of ultrasound technology into the EMG lab has greatly enhanced our ability to identify muscle and nerve pathology. It also allowed us to consider new avenues of research into neuromuscular pathophysiology and potentially expand our capabilities of providing biomarkers for clinical studies being conducted at the NIH Clinical Center. Ultrasound technology has progressed to allow enhanced visualization of nerve fascicular patterns through ultra-high frequency transducers and measurement of muscle and nerve stiffness through the use of elastography. The purpose of this requirement is to acquire the Canon Aplio i800 or equal ultrasound system to study new ways of defining neuromuscular disorders and potential use as a biomarker. The EMG ultrasound machine currently used for both diagnostic purposes and for the use in clinical trials is a mid-low range ultrasound device. The purchase of the Canon Aplio I800 ultrasound imaging system or equal, will allow for the highest frequency commercially available transducer that will allow to analyze the fascicular content of nerves. Salient characteristics: The salient physical, functional, or performance characteristics that “equal” products must meet are as follows: Must have ultra-high frequency 33 MHz linear transducer or better. Micro-vascular Imaging which provides the ability to visualize low-velocity microvascular flow as compared to conventional Doppler; BEAM (Biopsy Enhanced Auto Mode) that illuminates needles being used for musculoskeletal injections or biopsy; D-THI (Differential Tissue Harmonics) or equal that allow two (2) pulse waves to fire simultaneously to visualize near field and far field at same time. Smart 3D imaging on all transducers which allows post processing/raw data to manipulate the 3D Volume Image; Shear wave elastography with propagation and variance map and Measure Area Detection Map or equal with ability to perform post processing/raw data analysis. This function highlights areas of the Speed/Elasticity map with low standard deviation, below a user-specified threshold, assisting in identifying areas of tissue with consistent shear wave Elastography values. These features improve the reproducibility of data obtained. Shear Wave Elastography or equal that generates Propagation contour maps and Variance maps to direct clinicians to the optimal areas of measurement with acceptable shear wave quality and helping to avoid areas with artifacts. Utilize 1.5 D Matrix D Array technology or equal which allows for the following high resolutions transducers, 33MHz, 24MHz, 22MHz along with the more standard 18MHz and 14MHz transducers to be used for deeper tissue imaging. Shear Wave Elastography or equal that enables the capability of post-exam measurements (or re-measurement), so shear wave images can be re-analyzed after the study which may help avoid the need to call back the patient for a repeat exam. Contract Type and Period of Performance It is the Government’s intent to issue a Firm Fixed Price Purchase Order. Delivery is expected within 14 days after contractor receipt of award. Installation and training must be completed within four (4) weeks after system delivery. Delivery, installation and training must be performed at 35A Convent Drive, Bldg 35, Room GF121, Bethesda, MD 20892 between the hours of 8:00 am and 5:00 pm, local prevailing time, Monday through Friday. Place of Performance National Institutes of Health - Main Campus NINDS EMG Section 35A Convent Drive, Building 35/Room GF121 Bethesda, MD 20892 (FOB Destination) Contracting Officer's Representative (COR) The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: [To be specified at time of award] The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. The Government may unilaterally change its COR designation. The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition and is incorporated by reference. The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The Government will award a purchase order resulting from this solicitation on the basis of lowest price technically acceptable. Technical acceptability will be evaluated based upon the following: The Offeror must include all brand name or equal equipment detailed in the project requirements in its quotation. Or Equal equipment must meet or exceed each salient characteristic in the table below. Brand Name or Equal Canon Aplio i800 or equal ultrasound system. Salient characteristics: The salient physical, functional, or performance characteristics that “equal” products must meet are as follows: Yes/No Comment/Reference Must have ultra-high frequency 33 MHz linear transducer or better. Micro-vascular Imaging which provides the ability to visualize low-velocity microvascular flow as compared to conventional Doppler; BEAM (Biopsy Enhanced Auto Mode) that illuminates needles being used for musculoskeletal injections or biopsy; D-THI (Differential Tissue Harmonics) or equal that allow two (2) pulse waves to fire simultaneously to visualize near field and far field at same time. Smart 3D imaging on all transducers which allows post processing/raw data to manipulate the 3D Volume Image; Shear wave elastography with propagation and variance map and Measure Area Detection Map or equal with ability to perform post processing/raw data analysis. This function highlights areas of the Speed/Elasticity map with low standard deviation, below a user-specified threshold, assisting in identifying areas of tissue with consistent shear wave Elastography values. These features improve the reproducibility of data obtained. Shear Wave Elastography or equal that generates Propagation contour maps and Variance maps to direct clinicians to the optimal areas of measurement with acceptable shear wave quality and helping to avoid areas with artifacts. Utilize 1.5 D Matrix D Array technology or equal which allows for the following high resolutions transducers, 33MHz, 24MHz, 22MHz along with the more standard 18MHz and 14MHz transducers to be used for deeper tissue imaging. Shear Wave Elastography or equal that enables the capability of post-exam measurements (or re-measurement), so shear wave images can be re-analyzed after the study which may help avoid the need to call back the patient for a repeat exam. To be considered technically acceptable; For equal submissions, respondents must provide brochures and/or published technical specifications that provide evidence of meeting the specifications in the table. For equal submissions, respondents must provide brochures and/or published technical specifications that meet or exceed the functional technical specifications of the Canon Aplio i800. (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Offerors shall include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and is incorporated by reference. Addendum to FAR clause 52.212-4, Contract Terms and Conditions—Commercial Items applies to this acquisition. The additional contract terms and conditions are as follows. 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-20 Predecessor of Offeror (Jul 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.242-15 Stop-Work Order (Aug. 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (End of Clause) FAR 52.211-6 Brand Name or Equal (Aug 1999) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation. (b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.” Representations. The Offeror represents that— It [?] will, [?] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [?] does, [?] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: For covered equipment— The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. For covered services— If the service is related to item maintenance: A description of all covered Start Printed Page 42679telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: For covered equipment— The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. For covered services— If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); Telecommunications or video surveillance services provided by such entities or using such equipment; or Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means– Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or For reasons relating to regional stability or surreptitious listening; Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Exceptions. This clause does not prohibit contractors from providing— A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. Reporting requirement. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items, applies to this acquisition and is incorporated by reference. The following clauses listed in FAR clause 52.212-5 that are applicable to the acquisition are: 52.209-6 Protecting the Government’s Interest when Subcontracting with ...