Base Notice: Tobacco Retailer Inspections - 75F40125R00018
ID: 75F40125R00018Type: Presolicitation
Overview

Buyer

HEALTH AND HUMAN SERVICES, DEPARTMENT OFFOOD AND DRUG ADMINISTRATIONFDA OFFICE OF ACQ GRANT SVCSBeltsville, MD, 20705, USA

NAICS

Investigation and Personal Background Check Services (561611)

PSC

INSPECTION- MISCELLANEOUS (H399)

Set Aside

Total Small Business Set-Aside (FAR 19.5) (SBA)
Timeline
    Description

    The Department of Health and Human Services, through the Food and Drug Administration (FDA), is soliciting proposals for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to conduct tobacco retailer inspections under solicitation number 75F40125R00018. The primary objective of this procurement is to ensure compliance with federal laws regarding the sale and advertising of tobacco products, particularly focusing on preventing youth access to these products across multiple regions in the United States. This initiative is crucial for enhancing the FDA's enforcement capabilities and protecting public health by reducing tobacco use among youth. Interested contractors should contact Janice Heard at janice.heard@fda.hhs.gov or Brandon Rafus at brandon.rafus@fda.hhs.gov for further details, with the contract period spanning five years and funding amounts varying by region.

    Point(s) of Contact
    Files
    Title
    Posted
    This document outlines the requirements and procedures for a contractor working with the FDA, detailing the materials, forms, tools, and equipment necessary for inspection activities. It specifies items provided by the FDA and those to be purchased by the contractor, including technical equipment like iPhones, laptops, and various inspection forms. Furthermore, it includes essential items such as printers, evidence bags, and storage solutions for inspection records. The document also highlights prohibited items, such as recording devices and firearms, while allowing contractors to lease vehicles for transportation. These guidelines are critical for maintaining standards and ensuring compliance during FDA inspections, illustrating the operational framework within which the contractor must operate while working on federal and state/local requests for proposals (RFPs).
    The Past Performance Questionnaire for the FDA Solicitation Number 75F40125R00018 is designed to gather information about an offeror's previous contracts relevant to the services being procured. Offerors are requested to provide specific contract details, including contract identification, value, performance periods, and a description of services rendered. The questionnaire evaluates contractors based on performance, timeliness, quality of services, and overall performance, utilizing a rating system from "Exceptional" to "Unsatisfactory." Offerors must submit their completed evaluations to Contract Specialist Brandon Rafus by a specified deadline. This document serves as an essential tool for assessing contractor qualifications and past performances in relation to government procurement practices, and it aims to ensure that the FDA selects a contractor capable of meeting its needs effectively and efficiently.
    The document is a Wage Determination under the Service Contract Act from the U.S. Department of Labor, establishing minimum wage rates and benefits for workers on government contracts. It specifies that contracts initiated or extended after January 30, 2022, must pay at least $16.20 per hour, while contracts awarded between January 1, 2015, and January 29, 2022, are subject to a minimum wage of $12.15 per hour. Additionally, contractors are required to provide fringe benefits including health and welfare ($4.98 per hour) and paid sick leave under Executive Order 13706. It outlines mandatory vacation and holiday provisions and sets regulations for uniform allowances. The document also details the process for request and authorization of additional classifications and wage rates for unlisted job titles through a conformance process involving contractors, contracting officers, and the Wage and Hour Division. Overall, the document serves to protect workers' rights and ensure equitable pay for service contracts adhering to federal guidelines.
    The document is a wage determination issued by the U.S. Department of Labor, outlining payment requirements for contracts under the Service Contract Act (SCA) for Federal contractors. It specifies minimum wage rates based on contracts' effective dates, highlighting the need for compliance with Executive Orders 14026 and 13658. For contracts signed after January 30, 2022, the minimum wage is set at $16.20 per hour, while for earlier contracts, it is $12.15 per hour. Health and welfare benefits are mandated, alongside paid vacation and sick leave requirements for employees, particularly under Executive Order 13706. The primary occupation covered is "Underage Purchaser," with a wage of $13.18 per hour, applicable across several Midwest states. The document details conformance processes for unlisted job classifications and stipulates the necessity for uniforms, clarifying the associated costs and employee reimbursements. Moreover, it provides regulations guiding undercover inspections involving minors for tobacco purchase compliance. This wage determination serves as a critical resource for ensuring fair labor practices within federal contracting operations.
    The document titled "Investigations Operations Manual 2017" includes Exhibit 5-1, which features Sample Form FDA 482. This form is officially recognized as the "Notice of Inspections" and serves as a critical tool for the Food and Drug Administration (FDA) during regulatory investigations. The manual outlines procedures related to inspections of establishments regulated by the FDA, emphasizing the importance of these notices for compliance and enforcement actions. The exhibit likely includes guidelines on how inspectors are to utilize this form during the inspection process, ensuring that proper protocols and legal standards are maintained. The inclusion of this document within federal and state/local RFPs highlights its relevance for entities involved in grant applications and compliance with regulatory requirements, demonstrating the government's commitment to public safety and adherence to health regulations. Overall, this document plays a pivotal role in maintaining oversight of public health by facilitating organized inspection processes.
    The document is a Monthly Report Template for the FDA Retail Tobacco Compliance Check Inspection Program, aimed at monitoring and evaluating tobacco retailer compliance. It outlines various sections, including inspections completed, program management activities, labor hours, updates to tobacco retail establishments, training records, and any media contacts during the reporting month. Additionally, it requires contractors to describe their retail inspection coverage plans, any coordination with non-FDA tobacco control programs, performance issues encountered, and a financial overview including expenditures and any outstanding invoices. Key topics include the total number of inspections conducted, descriptions of labor performed, updates to the retail outlet list, training completion status, and communication with media. Financial sections detail estimated costs, budgeted amounts, and reported expenditures, ensuring accountability and transparency in the program's operations. This structured approach facilitates consistent reporting and provides insights into program performance and compliance issues within the tobacco retail sector, reinforcing the government's commitment to tobacco control and regulatory enforcement.
    This document is an Employee Agreement affirming the commitment to protect non-public information accessed from the Food and Drug Administration (FDA) as part of official duties under a specified contract. It outlines that the employee must not disclose, publish, or further release any confidential information, adhering to pertinent laws including 21 U.S.C. 331(j), 21 U.S.C. 360j(c), and 18 U.S.C. 1905. The agreement emphasizes understanding the legal ramifications for violations, including potential criminal penalties. It provides sections for the employee's signature and date, along with a witness's confirmation. This document is crucial for maintaining trust and confidentiality in the context of government contracts, particularly those involving sensitive health information and regulatory compliance under federal guidelines.
    This document outlines a series of federal task orders for inspections and program management related to FDA Directed Undercover Buys and FDA Directed Advertising and Labeling activities across various regions, including specific tasks for Puerto Rico. Each task order has a performance period spanning 12 months, from September 30, 2025, to September 29, 2026, with a total fixed price for inspections specified per type. The contractor is responsible for conducting inspections, with limitations on scheduling based on previous inspections within the last year. Non-inspection related travel and Other Direct Costs (ODCs)—including supplies and equipment required for the tasks—are separately accounted. A transition-in support period of up to four months is required for contractors, involving training and onboarding activities. Key personnel must receive authorization before assignment, ensuring immediate availability upon award. This document serves the purpose of outlining the responsibilities and expectations for contractors under federal agency regulations, emphasizing compliance, accountability, and operational readiness in supporting FDA initiatives.
    The document outlines the invoice submission process for contracts related to FDA Tobacco inspections, detailing the structure and requirements for reimbursement claims. It specifies various expenditure categories, such as direct labor, materials, and travel, and outlines the need for detailed documentation to support these claims. The instructions emphasize the importance of accuracy in invoice preparation, including unique invoice numbers, contractor information, and financial details regarding costs incurred during specific billing periods. Additionally, it categorizes invoices into interim, completion, and final types, each with distinct submission guidelines. Contractors must certify that requested payments align with contract stipulations and provide itemized accounts where applicable. The document serves as a comprehensive resource for contractors to navigate the reimbursement process efficiently and in compliance with federal standards for audits and financial reporting. Its main purpose is to ensure proper cost tracking and accountability in federal grant and contract management, ultimately facilitating the oversight of government-funded projects.
    The document outlines a template for submitting past performance information as part of federal contracting proposals, specifically focusing on the preparation of Past Performance Volume for requests for proposals (RFPs). It requires contractors to provide essential details for each cited contract or program, including offeror name, contract specifics, performance history, and compliance with relevant regulations. Key sections include identifying contracting agencies, contract values, descriptions of efforts, completion dates, points of contact, technical uniqueness, and subcontracting details. The aim is to gather comprehensive data on past contracts to evaluate the offeror's experience, capability, and performance in relation to current procurement needs. This structured approach facilitates the assessment of potential contractors' qualifications and adherence to small business utilization goals, ultimately aiding the decision-making process for government contracts.
    The HHS Contracting Guide provides comprehensive policies for managing government property under contracts within the Department of Health and Human Services (HHS). It outlines contractor responsibilities, including the handling of government-furnished property (GFP) and contractor-acquired property (CAP). Key sections include contract start-up procedures, property administration, reporting requirements, and disposal of excess property. Contractors must maintain accurate property records and follow protocols during acquisition, inventory, maintenance, and disposal processes. Contractors are responsible for decontaminating property and reporting any losses, damages, or discrepancies to the Contract Property Administrator. The document highlights the importance of a robust property control system, ensuring all acquisitions are authorized and reported correctly. Additionally, it describes special considerations for unique situations, such as international contracts and educational organizations. Overall, this guide serves as a crucial resource for contractors to navigate property management effectively while maintaining compliance with federal regulations, reflecting the HHS's commitment to accountability and proper stewardship of government assets.
    The document outlines the Department of Health and Human Services' (HHS) implementation of enhanced whistleblower protections for contractor employees, pursuant to Federal Acquisition Regulation (FAR) Class Deviation 18-01 and the Civilian Agency Acquisition Council's guidance. It codifies the permanent status of whistleblower protections under 41 U.S.C. 4712 following the expiration of a four-year pilot program. The subpart encompasses various statutory whistleblower programs applicable to civilian agencies, specifying that it does not include provisions relevant only to the Department of Defense. The main clause mandates that contractors inform their employees of their whistleblower rights in their predominant language, ensuring compliance with the outlined provisions. This communication extends to subcontracts exceeding a specified financial threshold. The document emphasizes the importance of protecting contractor employees from retaliation for reporting misconduct, thereby fostering a transparent and accountable contracting environment. Overall, this initiative reinforces the government’s commitment to safeguarding the rights of contractor employees across all applicable contracts while maintaining regulatory compliance.
    The document outlines the solicitation for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract by the FDA to conduct compliance check inspections for tobacco retailers as mandated by the Tobacco Control Act. It highlights the objectives of the inspections, which include determining compliance with federal laws on the sale and advertising of tobacco products, particularly focusing on youth access. The contract covers multiple regions, with a total contract period of five years, specifying minimum and maximum funding for each region. The contractors are responsible for employing commissioned inspectors and underage purchasers to conduct inspections, report findings, and support enforcement actions as required. The document elaborates on the expected methodology, personnel requirements, training protocols, and management tasks, emphasizing the need for thorough documentation, evidence handling, and adherence to FDA regulations. The Contractor must maintain transparency with the FDA, ensuring timely communication and quality control throughout the contract's lifespan. Overall, the purpose of the solicitation is to strengthen FDA's enforcement capabilities regarding tobacco regulations, improve compliance among retailers, and ultimately protect public health by reducing tobacco use among youth.
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