12639525Q0214.pdf
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- Janitorial Services
- Solicitation number
- 1156839
About this file
This is a Request for Quotation (RFQ) from the USDA-APHIS (Animal and Plant Health Inspection Service) for janitorial services at four Cattle Fever Tick Eradication Program (CFTEP) facilities located in Texas: Hidalgo County (Mission), Val Verde County (Del Rio), Starr County (Rio Grande City), and Zapata County (Zapata). The contract will be a firm-fixed price service for a base period of one year from 09/10/2025 to 09/09/2026, with four additional 12-month option periods, for a potential total contract duration of 5 years.
The solicitation requires quotations by 09/12/2025 at 1:30 PM ET and seeks a contractor to provide weekly cleaning services including tasks such as mopping, vacuuming, restroom cleaning, trash removal, glass cleaning, and periodic floor waxing. Offerors must submit documentation including a signed SF18, SAM registration, key personnel list, technical capabilities statement, and past performance questionnaires. Evaluation will be based on technical capability, past performance, and price, with technical and past performance combined being more important than price. The contract is set aside as a small business opportunity and includes specific requirements for green cleaning products, background investigations for personnel, and compliance with various federal regulations.
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Text version
12639525Q0214
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
08/25/2025 1156839
1 50
4700 RIVER ROAD
Unit 45
RIVERDALE MD 20737
USDA-APHIS-ASD-SCB
301 851-2682LINDA WASHINGTON
09/12/2025 1300 ET
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Janitorial services for the four (4) USDA APHIS, VS facilities located at:
1. Hidalgo County USDA APHIS VS CFTEP Office 211 S. Schuerbach Rd.
Mission, TX 78572
2. Val Verde County USDA APHIS VS CFTEP Office 1684 Cienegas Rd Del Rio, TX 78840
3. Starr County USDA APHIS VS CFTEP Office 14 Livestock Road Rio Grande City, TX 78582
4. Zapata County USDA APHIS VS CFTEP Office Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 50
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0214
709 Carla St.
Zapata, TX 78520
Period of Performance: 09/19/2025 to 09/18/2030
0001 Janitorial Services for Cattle Fever Tick 12 MO
Eradication Program Hidalgo County Office located at 211 S. Schuerbach Rd., Mission, TX 78572. Firm
Fixed priced Contract to provide Janitorial
Services in accordance with the Statement of
Work. The effective date is August 01, 2025, and shall be for a base period of one year with four
(4) 12-month options to renew.
Delivery Location Code: APHIS-VS-1275P8
USDA HIDALGO CO. (MISSION) CFTEP
211 S. SCHUERBACH RD
MISSION TX 78572 US
Period of Performance: 08/01/2025 to 07/31/2026
0002 Janitorial Services for Cattle Fever Tick 12 MO
Eradication Program Starr County Office
Option Period I
Delivery Location Code: APHIS-VS-1275P7
USDA STARR CO (RIO GRANDE CITY) CFT
3803 N. FM 755
RIO GRANDE CITY TX 78582 US
Period of Performance: 08/01/2025 to 07/31/2026
0003 Janitorial Services for Cattle Fever Tick 12 MO
Eradication Program
Optional Period II
Delivery Location Code: APHIS-VS-1275P3
USDA ZAPATA CO. (ZAPATA)
709 CARLA ST
ZAPATA TX 78076 US
Period of Performance: 08/01/2025 to 07/31/2026
0004 Janitorial Services for Cattle Fever Tick 12 MO
Eradication Program
Optional Period III
Delivery Location Code: APHIS-VS-1275P5
USDA VAL VERDE CO. (DEL RIO) CFTEP
1684 CIENEGAS RD
DEL RIO TX 78840 US
Period of Performance: 08/01/2025 to 07/31/2026
0005 Janitorial Services for Cattle Fever Tick 12 MO
Eradication Program
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 50
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0214
Optional Period IV
Delivery Location Code: APHIS-VS-1275P5
USDA VAL VERDE CO. (DEL RIO) CFTEP
1684 CIENEGAS RD
DEL RIO TX 78840 US
Period of Performance: 08/01/2025 to 07/31/2026
Contracting Officer
Linda W. Washington linda.w.washington@usda.gov
301-851-2682
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
INSTRUCTIONS TO QUOTERS
This solicitation is being prepared in accordance with FAR part 13 Simplified Acquisition Procedures. This solicitation is for commercial services and thus fall under FAR Part 12, Acquisition of Commercial Items. Quotations will be evaluated in accordance with 52.212-2 Evaluation – Commercial Items and using FAR part 13 awards based on best value.
The government intends to award a firm fixed price contract as a result of this pre-solicitation notice and solicitation.
All Interested contractors shall submit the following information to be considered for award.
o A signed copy of the form SF18 and Price Schedule with line item prices (pg 2-3) o Unique Entity ID number and confirmation of Active SAM registration - A copy of the first SAM page should be returned with the quote.
o Per Provision 452.237-74 --Key Personnel – Need a list of the requested personal (pg. 23) o Fill in Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (pg. 26-28) o Technical Capabilities Statement – Maximum 4 page. Technical capability must list of equipment/supplies intended to used, estimated time and effort needed to complete services, and how contractor will handle quality issues.
o Relevant Past Performance Questionnaire. Contractor shall provide information to demonstrate the relevant project experience and past performance of the contractor.
The offeror shall submit at least three (3) completed Past Performance Questionnaire (Attachment 1) for each project submitted as an example of relevant experience.
All points of contact, phone numbers, and email addresses should be verified by the contractor prior to submission. Points of contact must have first-hand knowledge of the project from a contractual, managerial, and technical perspective. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the offeror is unable to obtain a completed Past Performance Questionnaire form from a client for a project(s) before the proposal closing date, the offeror should complete and submit with the proposal the first page of the Questionnaire, which will provide contract and client information for the respective project(s).
Submit all questions in writing via email to Linda W. Washington at linda.w.washington@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.
All quotes shall be submitted to linda.w.washington@usda.gov no later than time stated on the solicitation posting. Late quotes will not be considered.
mailto:linda.w.washington@usda.gov mailto:linda.w.washington@usda.gov
Pricing Schedule
The Contractor shall submit a firm-fixed price quote to perform all requested Task Order (including Options 1 and 2) in accordance with the Statement of Work. The Contractor's price shall be their fully burdened rate which includes all costs associated with the performance of any and all services ordered against this contract in accordance with this “statement of work”
(SOW).
Quotes should be of sufficient detail to determine their adequacy.
Base Contract Period: Date of award through September 30, 3026
Item Description of Service Quantity Unit Unit Price Total
0001 Janitorial Services Hidalgo County Office
12 MO
0002 Janitorial Services Val Verde County Office
12 MO
0003 Janitorial Services Starr County Office
12 MO
0004 Janitorial Services Zapata County Office
12 MO
Base Year Total
Option Period One: TBD
0005 Janitorial Services Hidalgo County Office
12 MO
0006 Janitorial Services Val Verde County Office
12 MO
0007 Janitorial Services Starr County Office
12 MO
0008 Janitorial Services Zapata County Office
12 MO
Option Period One Total
Option Period Two: TBD
0009 Janitorial Services Hidalgo County Office
12 MO
0010 Janitorial Services Val Verde County Office
12 MO
0011 Janitorial Services Starr County Office
12 MO
0012 Janitorial Services Zapata County Office
12 MO
Option Period Two Total:
Option Period Three: TBD
0013 Janitorial Services Hidalgo County Office
12 MO
0014 Janitorial Services Val Verde County Office
12 MO
0015 Janitorial Services Starr County Office
12 MO
0016 Janitorial Services Zapata County Office
12 MO
Option Period Three Total
Option Period Four: TBD
0017 Janitorial Services Hidalgo County Office
12 MO
0018 Janitorial Services Val Verde County Office
12 MO
0019 Janitorial Services Starr County Office
12 MO
0020 Janitorial Services Zapata County Office
12 MO
Option Period Four Total
JANITORIAL STATEMENT OF WORK
1. Summary The USDA-APHIS-VS-Cattle Fever Tick Eradication Program (CFTEP) intends to award firm fixed price commercial services contract(s) for janitorial services for the CFTEP four (4) facilities located in Mission, Texas, Del Rio, Texas, Rio Grande City, Texas, and Zapata, Texas. Firm Fixed priced Contract to provide Janitorial Services in accordance with the Statement of Work.
The contractor shall provide all management, supervision, personnel, labor, tools and equipment necessary and shall plan, schedule and coordinate the effective performance of all janitorial services for the four (4) USDA APHIS, VS facilities located at:
1. Hidalgo County USDA APHIS VS CFTEP Office 211 S. Schuerbach Rd.
Mission, TX 78572
2. Val Verde County USDA APHIS VS CFTEP Office
1684 Cienegas Rd Del Rio, TX 78840
3. Starr County USDA APHIS VS CFTEP Office
14 Livestock Road Rio Grande City, TX 78582
4. Zapata County USDA APHIS VS CFTEP Office
709 Carla St.
Zapata, TX 78520
The effective date is September 01, 2025 and shall be for a base period of one year with four (4) 12-month options to renew.
The janitorial services will meet with all standards of cleanliness, which will reflect good housekeeping, as determined by the on-site USDA representative. The Statement of Work will be incorporated into the contract.
2. Government Furnished property The Government will furnish hand paper towels, toilet paper, waste basket liners, air fresheners, toilet seat covers and hand soap.
3. Contractor furnished property/supplies The Contractor will furnish all necessary supplies to perform cleaning service to include, but not limited to: disinfectant, cleanser, floor wax, floor stripping solution, furniture polish, floor cleaner, glass cleaner, cleaning towels, feminine product for dispensers, disposal bags and urinal cakes) and equipment required to perform services stated in the statement of work for the cleanliness of the building: floor buffers, buffer heads, wax striping heads, carpet cleaning machines and supplies, mops, brooms, dusters, and cleaning cloths.
Upon award of this contract, it is required that the contractor adheres to the Statement of Work and all tasks shall be done expeditiously and on schedule. The tasks required in the Statement of Work (SOW) are as follows:
The weekly cleaning services must take place when there is USDA staff present at the office; therefore, the cleaning services generally takes place between the hours of 9:00 a.m. – 3:00 p.m. on Monday – Friday.
The contractor shall be responsible for coordinating and scheduling services to ensure services are performed while USDA personnel are on site (Hours and days are subject to change with mission requirements).
No work shall be performed on weekends unless specifically indicated on this document and written approval from the USDA Contracting Officer is obtained; or in the case of government operational changes and work scheduling to service the industry and agency customers. When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.
When a Government facility is closed by the government during periods of inclement weather or for other reasons, such as administrative leave as a result of potentially hazardous conditions, such as fires, explosions, or other security level alerts, the Contractor shall not be allowed access. Payment of the Contractor shall be made for work stoppage due to inclement weather, and/or temporary closing of the Government facility during periods of inclement direction and provide that the contractor pays the employees for those days.
The vendor shall create a sign-in sheet for the cleaning crew to use to document the minimum standards of service for work performed weekly, monthly, and/or as needed. A copy of the completed monthly sign-in sheet must be uploaded as an attachment when submitting the monthly invoice in IPP.
The janitorial services shall be performed in such a manner that there will be minimal interruptions to or interfere with the normal operation of Government business on the premises.
Contractor employees shall ensure exterior doors are kept closed at all times while employees are working in the buildings and shall comply with facility security policies.
Contractor employees shall not allow any unauthorized person in the building. The Contractor shall not disturb or use equipment, office machines or Government supplies. Contractor employees shall not disturb papers on desks, open desk drawers or cabinets or use telephones or equipment provided for official government use. Employees will remove everything on their work desks, workstations, benches, near or behind microscopes, computers, computer screens, and printers to facilitate the janitorial employees to complete daily dusting on any work desk, workstations, cabinets, inspection tables and counters. If items are not removed from the desk, it will not be cleaned.
4. Scope of Work The purpose of this statement of work is to clearly outline the requirements of the janitorial service needed for our facility. Our goal is to ensure and maintain the cleaning of heavily trafficked areas. These facilities are used frequently by CFTEP employees and dignitaries for various meetings. It is essential that the facilities be maintained in excellent condition as it reflects significantly on USDA-APHIS-VS-CFTEP.
1. Hidalgo County CFTEP
Office Space is 1,910 square feet of office space and 945 square feet of storage space. We have 6 offices, 1 kitchen, 2 restrooms, 1 tick ID area, 1 meeting room, 1 lobby, and 1 storage closet.
Cleaning Services will be conducted on a weekly basis and be approved by County Office CFTEP Supervisor only (see below)
USDA Mission, TX Office POC:
Office CFTEP Supervisor Abel Esparza Ph: 956-580-3355 Abel.esparza@usda.gov
2. Val Verde CFTEP Office
Office Space is 22’x34’ consisting of two office rooms 11’x12’, one conference room 15’x21’, one restroom 6’x6’
USDA Del Rio, TX Office POC:
Mario Trevino Ph: 830-775-5452 mario.trevino@usda.gov
3. Starr County USDA APHIS VS CFTEP Office
Office Space is approximately 1,684 square feet consisting of two attached but separate offices with vinyl flooring throughout.
USDA Rio Grande City, TX Office POC:
Juan C. Montes Ph: 956-487-5007 juan.c.montes@usda.gov
4. Zapata County USDA APHIS VS CFTEP Office
Office Space is approximately 1,500 square feet. It has 2 restrooms, a conference room which is 450 square feet, one storage 150 square feet, and one small office which is 150 square feet. There are no carpeted floors.
mailto:Abel.esparza@usda.gov mailto:mario.trevino@usda.gov mailto:juan.c.montes@usda.gov
Supervisor only (see below).
USDA Zapata, TX Office POC:
Eduardo Lopez Ph: 956-765-4911 or 956-509-9847 eduardo.a.lopez@usda.gov
5. Period of Performance The base period of performance of the contract will be from 09/10/2025 – 09/09/2026 with the option to extend the contract for an additional four option periods, each twelve months in duration for cumulative total of 5 years.
6. Duties and Tasks Weekly :
• Damp mop all hard flooring surfaces: 1x Week
• Vacuum all carpeted floors and furniture: 1x Week
• Clean all counters in kitchen area: 1x Week
• Clean, disinfect restroom surfaces (i.e, sinks, counter, mirrors, toilets, urinals, stalls, floor, etc.):
1x Week
• Clean and dust all surfaces in conference room: 1x Week
• Empty and replace all trash can liners in the facility and remove trash from property: 1x Week
Monthly:
• Clean all glass surfaces (inside and outside): 1x Month
• Damp dust all areas (i.e, desks, picture frames, window ledges, blinds etc.): 1x Month
• Clean all air vents, light fixtures: 1x Year (October)
• Clean air filters: 1 x Month
• Wash trash receptacles: 1x Month
• Descale toilet bowls and urinals: 1x Month other:
• Furnish restroom supplies: As required
• Spot clean entrance door surface (i.e, clean off smudges, fingerprints, etc.): As required
• Wax floor: 2 x Year (April & October)
• Spot clean carpet and door mat: As required
The janitorial services shall be performed in such a manner that there will be minimal interruptions to or interfere with the normal operation of Government business on the premises.
Contractor employees shall not allow any unauthorized person in the building. The Contractor shall not disturb or use equipment, office machines or Government supplies. Contractor employees shall not disturb papers on desks, open desk drawers or cabinets or use telephones or equipment provided for official government use.
7. Quality Control
The contractor shall appoint a competent, experienced, and knowledgeable point-of-contact (POC), Supervisor, who shall independently manage, supervise, and act as a representative of the contractor for coordination of all work assignments required under this contract.
The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. See FAR clause 52.246-4 -Inspection of Services - Fixed-Price.
Should the contractor fail to successfully perform any of the cleaning deliverables outlined in this SOW, the contractor shall re-perform at no cost to the government. If failure to perform continues, and the contractor does not maintain a consistent corrective action, the Government may require the personnel to be removed from the site or termination of the contract.
8. Selection of Cleaning and Paper Products The Contractor shall ensure that all cleaning solutions shall be used in strict conformance with the product's Environmental Protection Agency (EPA) and state requirements. All manufacturers' instructions and recommendations for the use of cleaning solutions shall be strictly followed. In addition, the contractor shall comply with all federal, state, or local laws and regulations concerning the use, storage, and disposal of hazardous materials. The contractor shall minimize the use of harsh chemicals and the release of irritating fumes.
The USDA is mandated by legislation and executive order to purchase products that are good for the environment. Below are minimum requirements for paper products, industrial wipes and trash liners that must be used by Contractors in a USDA service contract. The successful Contractor will be required to meet or exceed the below-listed mandatory environmental preferability criteria. The offered products must meet requirements as stated below:
a. Disposable paper products: The disposable paper products must contain at least 100% recovered materials and 30% post-consumer product and manufactured without the additional use of elemental chlorine or chlorine compounds.
b. Plastic trash bags: Plastic trash bags and other liners with a minimum of 30%·post-consumer recycled content.
c. General purpose industrial wipes: The general purpose industrial wipes must contain at least 100% recovered materials and 40% post-consumer content.
d. Cleaning fluids: Cleaning products shall have highest percentage of bio-based products practicable.
The cleaning fluids must be in accordance with Colorado Code of Regulations low VOC cleaning products OR Green Seal Standard GS-37 approved.
9. Federal Requirements
1. All chemicals used will be those commercially available which meet Federal, state, and local codes.
2. The Contractor shall use green cleaning products made with bio-based materials and or recycled materials to the greatest extent possible.
3. Preference should be given to concentrated cleaning chemicals which use ecologically sound packaging and are phosphate-free, non-corrosive, non-flammable, and fully biodegradable.
4. The Contractor will take every precaution to ensure that only safe products are used. Information can be obtained from Federal, state, and local agencies concerning the safety of chemical cleaning materials.
5. Contractor will provide COR with Material Safety Data Sheets (MSDS) as specified in this contract and keep the sheets current for any product that is used in this contract.
6. The Contractor shall use paper products and trash can liners that meet the requirements as described above.
In accordance with the Federal Acquisition Regulations (FAR), The Cleaning Contractor can be terminated for default of the terms of this contract or by cause.
Green Cleaning: Executive Order 13423 and Executive Order 13514 require the Federal government to use bio-based products and to make its facilities sustainable. There is also a procurement preference for bio-based products if they are comparable in price, performance, and availability. Green cleaning, also known as green janitorial or custodial service, is an approach designed to protect the occupants’ and workers' health and reduce the impact on the environment, while delivering service comparable to, or better than, traditional cleaning methods. However, unlike a traditional cleaning program, a green janitorial program goes beyond simple appearances to focus on human health and environmental impacts. Green cleaning includes recycled content and bio-based products, and products and services that minimize the use of energy, water, and other resources.
Green cleaning products are products that perform the same functions as conventional cleaning products but are lower emitting, less toxic, biodegradable, and environmentally safer. They include all-purpose cleaners, sanitizers, deodorizers, glass cleaners, carpet cleaners, hand soap, laundry detergent, bathroom cleaners and many other commonly used janitorial products. The use of green cleaning products will improve indoor air quality and working conditions by removing a major source of potential exposure to toxic and irritating chemicals, while providing effective and cost competitive cleaning solutions. There are many manufacturers of green cleaning products and they are widely available.
USDA’s green cleaning product program also includes regularly vacuumed entrance mats and sidewalk cleaning to reduce introduction of dirt thus reducing the need for cleaning chemicals and isolated janitorial closets for the storage of chemicals to reduce employee exposure to fumes.
Green cleaning products include concentrated cleaning chemicals that use ecologically sound packaging;
are phosphate-free, non-corrosive, non-combustible, non-poisonous, non-reactive, and non-aerosol;
contain no carcinogens, mutagens, or ozone-depleting substances; and are bio-based and fully biodegradable. Concentrates are preferable to ready-to-use products and should be used wherever possible. Furthermore, dilution control equipment should be employed to ensure correct dilutions of concentrates and to protect workers from exposure to concentrated chemicals. Follow manufacturers’ label instructions.
Please visit https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml to access the BioPreferred Program Catalog to identify bio-based products that fall under this contract for janitorial services.
10. Definitions Green Cleaning: A planned and organized approach to cleaning that is designed to protect the occupants 'and workers' health, while at the same time reducing the impact on our environment. Green Cleaning affects all aspects of cleaning to include: stewardship; communication; the selection of cleaning chemicals, janitorial equipment, paper and supplies; plus the procedures and methods in which the cleaning is accomplished, pollution prevention strategies, and other opportunities that when used reduce the impact when compared to traditional cleaning procedures and practices.
https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml
Environmentally Preferable: Means products or services that have a reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.
11. Safety and Security All persons employed in the work, while on the premises, shall comply with all building regulations.
The contractor shall not employ persons for work on this contract if such employee is considered by the contracting officer to be a potential threat to the health, safety, general well-being or operational mission of Marketing and Regulatory Programs and its population. The contractor shall exercise due diligence in assuring that only trustworthy and reliable persons are allowed to enter the building and that each such person shall have had the Tenant 's rules and regulations reviewed with them regarding the security of Tenant's property.
Due to the nature of work under this contract, it is required that the contractor personnel working under this contract at the USDA facility are subject to satisfactory completion of a background investigation conducted by the Federal Protective Service (FPS). In accordance with USDA regulations, a Basic Law Enforcement background investigation is required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The contractors will be required to complete the background investigation forms and submit them to the program contact person for submission to the FPS office responsible for processing the background investigations. The USDA APHIS will be responsible for paying for these background investigations.
During the performance of janitorial work herein, the Contractor shall take all reasonable precautions to guard the secrecy of the Tenant's records and information, shall limit access to records and information of the Tenant to authorized employees or agents of the Contractor only, and shall inform all such authorized personnel of the confidential nature of records and information of the Tenant and of the applicable laws regarding security of communication.
12. Background Investigations
A. In accordance with the USDA regulations, a Background Investigation of the janitorial personnel is required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. Prior to start of work, the CONTRACTOR shall provide only fully qualified and properly cleared personnel for the work to be performed under this SOW. The contractor shall, through their own internal background investigation protocol and pre-employment investigation, ensure that each contractor employee submitted for a background investigation is reasonably expected to receive a favorable adjudication of their respective investigation.
B. The USDA, APHIS will pay for the required background investigation. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.
C. All contractor personnel that will have access to the APHIS, PPQ facility will be required to have, at Low Risk, NACI Background Investigation (BI) with no less than favorably adjudicated results. Once approved and working at the facility, the contractor personnel shall not be removed or diverted from the site without prior notification to the PPQ facility representative or the designated COR.
D. The contractor shall not employ persons for work on this contract if such employee is considered by the Contracting Officer Representative or Technical Representative or Contracting Officer to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees. If the contracting officer finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.
E. The Contracting Officer Representative will assist the contractor, where practical, with the background investigation process and the associated paperwork. Where necessary they will provide contractor information to the security personnel and provide information and documents to the contractor.
(a) Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 – Common Identification Standard for Contractors. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002.
Copies can be downloaded from the website at http://hspd12.usda.gov
(b) All background investigations or clearances must be completed one week prior to commencing work. Where this is not practical and the prime or subcontractor requires intermittent access to federally controlled facilities or are under the aggregate 180 day limit, a temporary guest ID badge will be issued and/or such personnel may be under constant supervision and their access to areas or data may be more restricted. Contractor employees who will NOT have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system may be excluded from coverage by AGAR Advisory 81 based on the LincPass Distribution Risk Assessment. The LincPass Distribution Risk Assessment will be conducted by a USDA Sponsor for contract personnel (Contracting Officer’s Representative, or other Government designated program/project officers) as part of the PIV II registration, identity proofing, and credential issuance procedures.
(c) The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security Specialist listed below, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), contract number, performance period and/or the days employee is expected to be on-site for base year and each period of performance, if applicable, and information on OPM’s background investigation or clearance conducted by the prime or subcontractor and that contractor employees pass the background check.
(d) The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require routine, long-term physical access to federally controlled facilities and logical access to Federally controlled information systems except for "national security systems" as defined by 44 U.S.C. 3542(b)(2), are required to complete and submit HRO 1197, Contractor Supplement and the AD-1197, Request for USDA Identification (ID) Badge, along with copies of two identity source documents (one being a photo ID) and two completed fingerprint cards (FD-258 attached), to the following. You can obtain these forms and further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:
USDA, APHIS, MRPBS, HRD
Attn: Security Specialist - Contractors Butler Square, 100 N. 6th Street, Suite 555B Minneapolis, MN 55403-1588 Phone: (612) 336-3294 http://hspd12.usda.gov/
For further information and reference on the USDA personnel security requirements please see the document entitled Agar Advisory 81 entitled “Common Identification Standard for Contractors” at http://www.dm.usda.gov/pdsd/bulletin04-02.pdf
3.0 CONTRACT CLAUSES
3.1 CONTRACT CLAUSE INCORPORATED BY REFERENCE
FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
Also, the full text of the clauses may be accessed electronically at these addresses:
http://www.acquisition.gov/far/
NUMBER TITLE DATE
52.212-4 Contract Terms and Conditions—Commercial Items Nov 2023 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business March 2023
Subcontractors
3.2 CLAUSES INCLUDED IN FULL TEXT
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C.
3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
http://www.dm.usda.gov/pdsd/bulletin04-02.pdf http://www.acquisition.gov/far/
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial (JAN 2025 (DEVIATION FEB 2025))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title
II).
_X_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
_X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
_X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X_ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
_X_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
_X_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
_X_ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
_X_ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C.
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