FDA Third Party Tobacco Retailer Inspection Services (Region 4)

Closed Pre-Solicitation Posted

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Solicitation number
75F40126R00040
Agency
Responses due
Set-aside
Total Small Business

Opportunity facts

Place of performance
North Bethesda, Maryland, United States

Notice details come from SAM.gov. Updated .

About this opportunity

The FDA Office of Acquisition and Grant Services intends to solicit a total small business set-aside IDIQ contract for third-party tobacco retailer inspection services across Region 4, with solicitation issuance anticipated May 16, 2026.

Place of performance covers 13 western states and territories: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Work includes undercover buy operations, advertising and labeling inspections at tobacco retail establishments, commissioned inspector and underage purchaser program management, inspection evidence handling and transmission, and program management and reporting support.

All inspectors must be commissioned as FDA officers under Section 702(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act prior to conducting inspections. The contract is structured as an IDIQ with a five-year ordering period and 12-month task order periods. Task orders will be predominantly Firm-Fixed-Price with certain line items for Other Direct Costs, non-inspection travel, and witness testimony support as Cost Reimbursement.

The anticipated maximum contract value is $33.5 million with a guaranteed minimum of $10,000. NAICS code is 561611 (Investigation, Guard, and Armored Car Services) with a $25 million size standard. PSC is H399. This is a noncommercial services acquisition governed by FAR Part 15. Phase I proposals are due June 11, 2026; Phase II proposals are due July 8, 2026; award is anticipated September 18, 2026. Interested offerors must register in SAM.gov at proposal submission and award.

Notice text

On June 22, 2009, the President signed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act or TCA) into law (Public Law 111-31). The Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act (FD&C Act) and granted the Food and Drug Administration (FDA) authority to regulate the manufacture, marketing, sale, and distribution of tobacco products to protect public health and to reduce tobacco use by youth. FDA conducts compliance check inspections of tobacco retail establishments to help determine a retailer’s compliance with federal laws and regulations, including the Federal Food, Drug, and Cosmetic Act, as amended by the Tobacco Control Act, and associated regulations.

To the extent feasible, FDA will contract with a state or territory to conduct compliance check inspections of tobacco retailers, as required under 21 U.S.C. 372(a)(l)(B)(i). FDA issues contracts with a state or territory to assist with compliance check inspections of retail establishments. FDA has a goal of establishing a contract, where feasible, with every U.S. state and territory. When FDA could not contract with states and territories, FDA has awarded contracts to third-party entities that are able to hire commissionable inspectors to do compliance check inspections of tobacco retailers in those jurisdictions. FDA currently requires third-party, tobacco retailer inspection services. Task orders will be issued under this required Indefinite Delivery Indefinite Quantity (IDIQ) Contract to perform the requirements identified in the Performance Work Statement (PWS).

Files

File Type Posted
PRESOLICITATION NOTICE.pdf PDF

Notice history

Notice Type Posted
FDA Third Party Tobacco Retailer Inspection Services (Region 4) Latest solicitation Solicitation
This notice Original Pre-Solicitation

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