Base Notice: Tobacco Retailer Inspections - 75F40125R00046   3

This solicitation is being posted in follow up to Solicitation 75F40125R00018 that closed on 02/4/2025. Attached are responses to questions that were addressed in the previous solicitation (75F40125R00018).

Tobacco Retailer Inspections - 75F40125R00046

NOTICE INFORMATION

Agency/Office: Food and Drug Administration

Location: Office of Acquisitions and Grants Services Silver Springs, MD

Title: Tobacco Retailer Inspections

PRESOLICITATION NOTICE for non-commercial services prepared in accordance with FAR Part 15 Contracting by Negotiation procedures. The anticipated solicitation and subsequent award will utilize both fixed price and cost reimbursable services as applicable to the respective contract line items. The award is subject to the Service Contract Labor Standard Statute. The Food and Drug Administration (FDA) intends to award multiple IDIQ contract to conduct tobacco retailer inspections for each region. The corresponding regions are as follows:

Region 1: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey,

New York, Pennsylvania, Rhode Island, Vermont.

Region 2: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,

Missouri, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin.

Region 3: Alabama, Arkansas, District of

Columbia, Georgia, Florida, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South

Carolina, Tennessee, Texas, US Virgin Islands, Virginia, West Virginia.

Region 5: Puerto Rico.

The contractors shall assist in inspecting retail establishments that sell cigarettes and/or smokeless tobacco products and in surveillance of other entities that fall under the scope of the Tobacco Control Act, as required under 21 U.S.C. 372(a)(l)(B)(i). The requirement will be a total small business set-aside under the North American Industry Classification System (NAICS) code 561611 Investigation and Personal Background Check Services. All companies that anticipate submitting a proposal must be able to employ commissionable inspectors to conduct the inspections. To be commissionable, the proposed inspector must be a health, food, or drug officer/employee of the State, Territory, or political subdivision thereof where the inspections will be conducted.

Scope of the contract includes:

• Conducting inspections of retailers that sell and advertise any regulated tobacco products to determine compliance with the provisions cited within the RFP and submitting inspection results to FDA.
• Collecting, documenting, and preserving evidence of inspections and investigations.
• Supporting FDA in any enforcement or judicial actions, including coordinating the drafting and execution of declarations by the inspectors, arranging for their testimony if necessary, and furnishing evidence and narrative reports by the Inspectors and Underage Purchasers who participated in inspections.
• Responding to inquiries by FDA concerning inspections, data, and other information associated with this program.

The resulting IDIQ contract will have a 5-year period of performance with an estimated anticipated contract performance date of September 30, 2025- September 29, 2030. Each task order period of performance may be 12 months but may vary in length per task order.

This notice is issued for informational purposes and is not a request for competitive proposals. Interested parties are solely responsible for monitoring the SAM.gov for postings of the solicitation and any amendments thereto. The Government will not pay for information submitted in response to this notice. Contractors must be registered in the System for Award Management [SAM] database at SAM.gov the time of proposal submission to be considered for award.

Background
The Food and Drug Administration (FDA) is issuing this solicitation for Tobacco Retailer Inspections as part of its mission to enforce the Tobacco Control Act. The goal of the contract is to conduct inspections of retail establishments selling tobacco products to ensure compliance with federal regulations.

This solicitation follows a previous one (75F40125R00018) and aims to establish multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts across various regions in the United States.

Work Details
Contractors will be responsible for:
- conducting inspections of retailers that sell and advertise regulated tobacco products,
- documenting and preserving evidence from inspections,
- supporting FDA in enforcement actions including drafting declarations and arranging testimonies, and
- responding to inquiries from FDA regarding inspections and related data.

The contract will require contractors to employ commissionable inspectors who are health, food, or drug officers from the relevant state or territory.

Period of Performance
The contract will have a total performance period of 5 years, with an estimated start date of September 30, 2025, and ending on September 29, 2030. Each task order may have a performance period of up to 12 months but can vary.

Place of Performance
The inspections will be conducted across various regions in the United States including Region 1 (Northeast), Region 2 (Midwest), Region 3 (Southeast), and Region 5 (Puerto Rico).