Base Notice: Tobacco Retailer Inspections - 75F40125R00046
ID: 75F40125R00046Type: Combined Synopsis/Solicitation
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 seeking contractors for the Tobacco Retailer Inspections under solicitation number 75F40125R00046. The primary objective of this procurement is to conduct compliance inspections of tobacco retail establishments to ensure adherence to the Tobacco Control Act, focusing on preventing youth access to tobacco products. This initiative is crucial for safeguarding public health by enforcing regulations related to the sale and distribution of tobacco, including age verification and advertising compliance. Interested contractors should contact Janice Heard at janice.heard@fda.hhs.gov or Brandon Rafus at brandon.rafus@fda.hhs.gov for further details, and they should be aware that this opportunity is set aside for small businesses, with wage determinations and compliance requirements outlined in the associated documents.

    Point(s) of Contact
    Files
    Title
    Posted
    The document outlines equipment, supplies, and forms that contractors must maintain for the FDA's inspection processes within various programs. It specifies items provided by the FDA, such as an iPhone and commissioning credentials for inspectors, along with tools like inspection forms and training apps. It details what must be maintained by the contractor, including laptops, PIV cards, and secure storage for records. The document also highlights prohibited items, including recording equipment and firearms, while allowing for vehicle leasing and mileage reimbursement for personal vehicles. Overall, it establishes guidelines for the resources necessary for effective program participation and compliance with FDA inspection protocols, ensuring that contractors adhere to strict operational standards in carrying out inspections. The emphasis is on maintaining documentation and equipment while outlining acceptable practices for inspection activities consistent with federal regulations.
    The document is a Past Performance Questionnaire related to the FDA's Solicitation Number 75F40125R00018, aimed at gathering input on the performance of contractors for similar services. It requests detailed information regarding past contracts, including the contract number, value, duration, and a description of services provided. Respondents are asked to evaluate contractor performance based on defined criteria: Exceptional, Very Good, Satisfactory, Marginal, Unsatisfactory, or Not Applicable, specifically assessing performance, timeliness, and quality of services. The questionnaire emphasizes the importance of providing thorough narrative comments to support the ratings given. Responses are due to the Contract Specialist, Brandon Rafus, by a specific deadline, which is indicated as 'xxxxxxxxx' within the document. This process reflects a systematic approach in federal procurement, ensuring that past performance is a key factor in evaluating potential contractors for government projects.
    The document outlines the wage determinations applicable under the Service Contract Act (SCA) by the U.S. Department of Labor, specifically Wage Determination No. 1988-0407, Revision No. 64, effective January 27, 2025. It mandates that federal contracts adhere to minimum wage standards established by Executive Orders 14026 (minimum wage of $17.75 per hour) and 13658 (minimum wage of $13.30 per hour), depending on the contract date. Additionally, it specifies fringe benefits for covered occupations, including health and welfare provisions, paid sick leave under Executive Order 13706, as well as vacation and holiday requirements. The document emphasizes the need for compliance during contract activities and outlines the procedure for requesting wage classification adjustments through Standard Form 1444. Moreover, it stresses that employers must provide uniforms without cost or reimburse their maintenance to ensure compliance with wage determination standards. The overarching aim is to protect employees’ rights, ensuring fair compensation and benefits across federal contracting work, while maintaining adherence to legal standards and requirements. Overall, the document serves as a vital guideline for contractors navigating wage determinations in federal contracts.
    The document outlines Wage Determination No. 2024-0024 from the U.S. Department of Labor, detailing wage rates and fringe benefits for service contract employees under the Service Contract Act (SCA). It specifies the minimum wage for workers on Department of Health and Human Services contracts for Underage Purchaser services during Year 3 (9/30/23 - 9/30/24) as $13.18 per hour across several states including Nebraska, North Dakota, Ohio, and South Dakota. For contracts initiated or renewed post-January 30, 2022, the minimum wage rises to $16.20 per hour, following Executive Order 14026. The document also describes the accrued benefits such as health and welfare ($4.98 per hour) and paid leave (under Executive Order 13706), along with vacation and holiday entitlements. It outlines the process for classifying unlisted service employee roles and the requirement for contractor compliance with these wage determinations to prevent underpayment. Additionally, it addresses uniform provisions that must be met by contractors. This summary provides insight into labor standards set for federal contracts and emphasizes worker protections, essential for understanding the administrative obligations under government contracts.
    The document outlines the process for states to submit retail locations for inspection into the Tobacco Inspection Management System (TIMS). It provides a structured template for data entry in Excel, detailing required fields such as Trade Name, Legal Name, State ID, and address components. States can submit a comprehensive list of retail locations as well as update or add new establishments through supplemental lists saved on a CD. The importance of following the template format accurately is emphasized, as incomplete submissions will not be accepted. State Coordinators can also manually update entries, ensuring any deletions are logged properly as "Out of Business." The document serves as a guideline for ensuring consistency and completeness in the data reported to the Center for Tobacco Products, ultimately supporting regulatory oversight and compliance in tobacco retail. Emphasis is placed on avoiding duplicates and accurately capturing all necessary information in the correct format to facilitate efficient processing and access.
    The Monthly Report Template for the FDA Retail Tobacco Compliance Check Inspection Program is designed to collect and summarize data regarding tobacco inspections conducted by contracted agencies. It captures the number of inspections completed, details on program management activities, labor hours, updates to the list of tobacco retail establishments, and personnel involved in inspections. The report requires contractors to describe the retail inspection coverage plans, non-FDA tobacco control collaborations, performance barriers, and any media inquiries during the month. All financial information, including estimated costs and outstanding invoices, must also be documented. This structured format allows the Center for Tobacco Products to monitor compliance effectively, ensuring that tobacco retailers adhere to FDA regulations. By documenting activities and financial data, the report aims to maintain transparency and accountability within government-funded tobacco control programs, supporting the overarching goal of safeguarding public health through strict regulatory measures.
    The document is a commitment agreement for employees accessing non-public information from the Food and Drug Administration (FDA) as part of a specific contract. It stipulates that individuals are required to protect sensitive information and not disclose it in any form, in compliance with various federal laws, including 21 U.S.C. 331(j), 21 U.S.C. 360j(c), and 18 U.S.C. 1905. The agreement highlights that violators could face criminal penalties. The document includes sections for the employee’s signature and information about the FDA, indicating its official nature. The primary purpose is to ensure that employees understand their responsibility to maintain confidentiality regarding FDA information, thereby reinforcing the agency's commitment to protecting sensitive data while fulfilling its obligations under government contracts. This is vital in the context of RFPs and grants, where the confidentiality of proprietary or sensitive information is paramount.
    The document outlines multiple task orders issued under FDA contracts, specifying requirements for inspections and related support services across different regions. Each task order has a 12-month performance period from September 30, 2025, to September 29, 2026. The contractors will conduct FDA Directed Undercover Buys and Advertising and Labeling inspections with fixed prices for completed inspections and additional billing for program management, travel, and other direct costs (ODCs). Key guidelines include not assigning undercover inspections at a retailer within 365 days of a prior inspection and focusing on areas not previously inspected. The contractor is also responsible for transition-in support, requiring training, onboarding, knowledge transfer, and the availability of key personnel upon task award. The document emphasizes the importance of proper communication and coordination with FDA personnel. Authorization from the Contracting Officer is required for key personnel assignments. The entire structure emphasizes efficiency and compliance with FDA protocols in executing these inspection services across various jurisdictions, including specific requirements for regions such as Puerto Rico and distinct inspection quotas and pricing structures.
    The document serves as a template for detailing the past performance of companies responding to government Requests for Proposals (RFPs) or grants. It outlines the required information about each contract or program, which includes company identifiers (Offeror Name, CAGE Code, UEI Number), contract specifics (contracting agency, contract number, duration, and financial details), and descriptions of the effort's nature (whether as a prime or subcontractor). Key elements include providing contacts for program management and contracting, describing unique technical aspects, evaluating compliance with small business utilization regulations, and detailing any subcontracting plans. The aim is to showcase the offeror's relevant experience and expertise that applies to the current acquisition while ensuring clarity regarding the entity's role and contribution to the proposed effort. This structured presentation is critical for government evaluators to assess the offeror's past successes and strategic alignment with program goals.
    The HHS Contracting Guide for Contract of Government Property outlines policies and procedures for managing government property under HHS contracts. It serves as a comprehensive resource for contractors administering government property, detailing responsibilities regarding both government-furnished property (GFP) and contractor-acquired property (CAP). Key chapters cover contractor responsibilities, contract start-up, administration, and close-out, including requirements for property acquisition, tracking, and disposal procedures. Contractors are held accountable for property management, including maintenance, inventory, and decontamination. The guide emphasizes the importance of accurate official records and adherence to Federal Acquisition Regulation (FAR) standards. Contractors must notify the Contract Property Administrator of any unauthorized property acquisitions and follow defined processes for reporting excess property and initiating disposals. Special considerations regarding sensitive items and vehicles are also outlined. This guide is vital for contractors involved with federal grants and RFPs, as it emphasizes compliance with HHS protocols while ensuring efficient property administration, ultimately enhancing the management of government resources in health services.
    The Department of Health and Human Services (HHS) issued FAR Class Deviation 18-01 to enhance whistleblower protections for contractor employees, effective February 8, 2018. This follows the extension of the pilot program established under 41 U.S.C. 4712, ensuring that protections for whistleblowers remain in place while clarifying the implementation of relevant clauses. The subpart 3.900 outlines the scope of these protections across various statutory whistleblower programs, specifically excluding military-related protections under 10 U.S.C. 2409. The document mandates that contractors inform their employees about their whistleblower rights in a comprehensible manner, reflecting the rights and remedies provided in the current regulations. Additionally, the contractor is required to include these provisions in subcontracts exceeding the simplified acquisition threshold. This approach underscores the commitment to safeguarding employees who disclose misconduct, promoting accountability and transparency within federal contracts and government operations more broadly.
    The document outlines the Request for Proposal (RFP) for the Third Party Tobacco Retail Compliance Check Inspection Program (IDIQ 75F40125R00046) by the FDA. It includes questions posed by potential bidders regarding various aspects of the solicitation, including timelines for responses to vendor inquiries, evaluation criteria for bid advancement, and requirements for contractor systems under the Authority to Operate (ATO). Key inquiries focus on billing for evidence storage, regulatory compliance for certain tobacco products, and the structure of proposal submissions across phases. Notably, concerns are raised about the exclusion of Contractor Directed Undercover Buys from the Sample Task Orders, which historically enabled increased efficiency and cost savings. Vendors seek clarification on whether the current proposal will mandate only FDA Directed purchases or if previous practices can be reinstated for greater operational effectiveness. This document serves as a resource for potential contractors to navigate the bidding process and align their proposals with federal compliance and operational expectations.
    The FDA's Request for Proposal (RFP) seeks contractors to conduct compliance inspections of retailers selling tobacco products under the Tobacco Control Act. Contractors are required to conduct two types of inspections: undercover buys to ensure adherence to age verification and labeling checks for compliance with advertising regulations. Task orders will dictate inspection numbers, and contractors can propose additional personnel roles beyond the designated Program Coordinator and Backup Program Coordinator. Compensation for witness testimony is based on inspection rates and time spent testifying. The contractor must secure immunity for using underage purchasers in specified jurisdictions, ensuring all legal requirements are followed. The scope also includes maintaining detailed organizational structure and providing qualifications for key personnel involved in inspections. Funding arrangements, wage determinations for inspectors, submission processes, and evaluation criteria for task orders are specified, emphasizing structured documentation and clarity. Overall, the RFP emphasizes compliance, effective program management, specific roles for personnel, and adherence to federal standards while outlining expectations for contractor capabilities and performance. This document is essential for ensuring that tobacco compliance inspections are conducted thoroughly and legally, ultimately supporting the FDA's regulatory mission.
    The document outlines the amendment for solicitation 75F40125R00046 concerning FDA tobacco retailer inspection services through an Indefinite Delivery Indefinite Quantity (IDIQ) contract. The main purpose is to secure third-party contractors for compliance check inspections of tobacco retail establishments, mandated by the Tobacco Control Act, to ensure adherence to regulations aimed at protecting public health and preventing youth tobacco use. Key objectives include conducting thorough inspections, documenting compliance, supporting enforcement actions, and responding to FDA inquiries. The contractor is responsible for hiring commissioned inspectors and managing a cohort of underage purchasers for undercover inspections. Payment structures allow for a combination of fixed prices, labor hours, and cost-reimbursement models. The contractor must also maintain rigorous quality control practices, ensuring timely and accurate reporting and compliance with FDA guidelines. Overall, this solicitation reflects the federal government's commitment to reducing tobacco use and ensuring retailers comply with the law while providing systemic oversight to safeguard youth health.
    The document is a solicitation for an Indefinite Delivery Indefinite Quantity (IDIQ) contract related to tobacco retail compliance inspections issued by the FDA. Its primary focus is on hiring contractors to implement a Tobacco Retail Compliance Check Inspection Program to ensure compliance with the Tobacco Control Act, as well as other related regulations. The contract aims to conduct inspections across various regions to assess retailer adherence to laws regarding the sale and distribution of tobacco products, especially targeting youth access. Key objectives include conducting inspections to gather evidence, supporting FDA enforcement actions, and following through on regulatory requirements related to advertising, labeling, age restrictions, and other sales limitations. The contract details operational procedures, responsibilities for contractors, and specifics on required inspections. Additionally, it outlines payment terms, inspection types, contractor qualifications, and management tasks to ensure quality control of the compliance checking process. There are also requirements for training inspectors and underage purchasers, information confidentiality, and provisions for reviewing inspection results and aiding in FDA enforcement actions. The document highlights the significance of protecting public health by minimizing tobacco use among young individuals, emphasizing the importance of thorough inspections in compliance with federal legislation.
    Lifecycle
    Title
    Type
    Combined Synopsis/Solicitation
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