Base Notice: Tobacco Retailer Inspections - 75F40125R00046
Closed Solicitation Posted
- Solicitation number
- 75F40125R00046
- Agency
-
FDA Office of Acquisition and Grant Services
Food and Drug Administration, Department of Health and Human Services
- Responses due
- Set-aside
- Total Small Business
Opportunity facts
- NAICS code
- 561611 Investigation and Personal Background Check Services
- PSC
- H399 Inspection- Miscellaneous
- Place of performance
- Silver Spring, Maryland, United States
- Points of contact
Notice details come from SAM.gov. Updated .
About this opportunity
The Food and Drug Administration (FDA) is seeking multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts to conduct tobacco retailer compliance inspections across four regions: Northeast, Midwest, Southern states, and Puerto Rico. The contractors will be responsible for conducting undercover buy and advertising/labeling inspections to verify tobacco retailers' compliance with the Tobacco Control Act, collecting and preserving evidence, and supporting potential FDA enforcement actions. To be eligible, contractors must employ commissionable inspectors who are health, food, or drug officers/employees of the state or territory where inspections will occur. The solicitation will use a two-phase evaluation process, with Phase I focusing on mandatory requirements for commissionable inspectors and Phase II involving a comprehensive technical and price evaluation. Key dates include April 30, 2025, for Phase I proposals, May 23, 2025, for Phase II proposals, and an anticipated contract award around September 30, 2025.
The contract is a total small business set-aside under North American Industry Classification System (NAICS) code 561611 for Investigation and Personal Background Check Services. Maximum contract values over the five-year performance period are estimated at $27 million for Region 1, $31 million for Region 2, $68 million for Region 3, and $5 million for Region 5. The contract period will run from September 30, 2025, to September 29, 2030, with individual task orders potentially lasting up to 12 months. Contractors will be required to use FDA-provided equipment and systems for conducting and documenting inspections, and will need to maintain program coordination through a Program Coordinator and Backup Program Coordinator. The primary place of performance will be Silver Spring, Maryland, with inspections conducted across the specified regions and territories. Contractors must be registered in the System for Award Management (SAM) at the time of proposal submission to be considered for award.
Notice text
9 versions
Update #9 · Latest ·
Amendment 7 is being issued to: 1) Revise proposal instructions in section L.3, which extend the Phase II proposal submission due date from 05/23/2025 to 05/30/2025 2) Update clause effective dates within Section I. 3) To delete all references of "Highly Rated"
within the solicitation.
All other terms remain unchanged.
Update #8 ·
Amendment 6 is to: 1) Extend the Phase II proposal submission due date from 05/07/2025 to 05/23/2025 2) Update the technical proposal page limit for each phase to reflect a 25-page limit (See page 111-112) 3) Post updated questions and responses.
All terms and conditions remain unchanged.
Update #7 ·
Amendment 5 is being issued to: 1) To post Questions and Responses. 2) Correct the spacing within the objective list on page 3. 3) To correct the following statement on page 9:
The ODC ceiling will be listed as Not-To-Exceed (NTE) $100,000 dollars per year for regions 1-4 and $6000 per year$ dollars per year on each task order awarded.
Statement should be Updated to read as follows:
The ODC ceiling will be listed as Not-To-Exceed (NTE) $100,000 dollars per year for regions 1-3 and $6,000 dollars per year for region 5 on each task order awarded.
All other tems remain unchanged.
Update #6 ·
Amendment 4 is to replace the following statement with the updated statement below:
This solicitation is being reopened to ensure all vendors are afforded the opportunity to respond to the correct solicitation. All proposals received must be submitted in accordance with the proposal instructions outlined in this solicitation. FDA replaced 75F40125R00018 with 75F40125R00046 for the purposes of solicitating proposals for these Tobacco Inspection Services. The FDA will only evaluate proposals in response to Solicitation 75F40125R00046, not 75F40125R00018, for these services. Please see page 120 for proposal instructions. The Solicitation proposal due dates have been updated as follows:
Questions due by 04/28/2025
Phase 1 due 04/30/2025
Phase II due 05/07/2025
UPDATED STATEMENT:
This solicitation is being reopened to ensure all vendors are afforded the opportunity to respond to the correct solicitation. All proposals received must be submitted in accordance with the proposal instructions outlined in this solicitation. Solicitation 75F40125R00046 replaced 75F40125R00018 for the purposes of solicitating proposals for these Tobacco Inspection Services. The FDA will only evaluate proposals in response to Solicitation 75F40125R00046, not 75F40125R00018, for these services. Please see page 120 for proposal instructions. The Solicitation proposal due dates have been updated as follows:
Questions due by 04/28/2025
Phase 1 due 04/30/2025
Phase II due 05/07/2025
All other terms remain unchanged.
Update #5 ·
This solicitation is being reopened to ensure all vendors are afforded the opportunity to respond to the correct solicitation. All proposals received must be submitted in accordance with the proposal instructions outlined in this solicitation. FDA replaced 75F40125R00018 with 75F40125R00046 for the purposes of solicitating proposals for these Tobacco Inspection Services. The FDA will only evaluate proposals in response to Solicitation 75F40125R00046, not 75F40125R00018, for these services. Please see page 120 for proposal instructions. The Solicitation proposal due dates have been updated as follows:
Questions due by 04/28/2025
Phase 1 due 04/30/2025
Phase II due 05/07/2025
Update #4 ·
Amendment two is being issued to include the revised updated Attachment 12 for Underage Purchasers
All other terms remain unchanged.
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. 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.
Update #3 ·
Amendment one is being issued to update information within the solicitation.
(Please reference Questions-Responses Document)
All other terms remain unchanged.
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. 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.
Update #2 ·
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. 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.
Update #1 ·
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.
Files
| File | Type | Posted |
|---|---|---|
| 75F40125R00046-0007.pdf | ||
| SOL-75F40125R00046-0006.pdf | ||
| UPDATED-Questions-Responses_75F40125R00046.xlsx | XLSX spreadsheet | |
| Questions-Responses_75F40125R00046.xlsx | XLSX spreadsheet | |
| SOL-75F40125R00046-0005.pdf | ||
| Sol_75F40125R00046-0004.pdf | ||
| Sol_75F40125R00046-0003.pdf | ||
| Attachment 12-Updated Wage Determination for UP.txt | TXT text file | |
| Sol_75F40125R00046-0002.pdf | ||
| FDA Tobacco Inspection Questions-Responses75F40125R00046.xlsx | XLSX spreadsheet | |
| Sol_75F40125R00046-0001.pdf | ||
| Sol_75F40125R00046.pdf | ||
| Questions And Responses- Solicitation 75F40125R00018- Final.pdf | ||
| Attachments.zip | ZIP file |
Show all 14
Notice history
| Notice | Type | Posted |
|---|---|---|
| This notice | Solicitation | |
| Solicitation: Tobacco Retailer Inspections - 75F40125R00018 | Solicitation | |
| Base Notice: Tobacco Retailer Inspections - 75F40125R00018 | Pre-Solicitation |
Similar open opportunities
| Opportunity | Agency | Set-aside | Responses due |
|---|---|---|---|
| FDA Scientific & Regulatory Support Services(SRS) | FDA Office of Acquisition and Grant Services | Total Small Business |
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