3rd Party Tobacco Compliance Inspections

This is NOT A SOLICITATION ANNOUNCEMENT. This is a SOURCES SOUGHT NOTICE to determine the availability and capability of potential Small Businesses, (including HUB Zone, 8a, Small Disadvantaged, Veteran- and Service-Disabled Veteran-owned and Woman-owned Small Businesses) that can provide for non-government facilitation of inspections of tobacco retail establishments, in the states of Delaware and Ohio, under the North American Industrial Classification Code (NAICS) 561611 - Investigative Services. This information is being sought for information and planning purposes only and shall not be construed as an Invitation for Bids (IFB), a Request for Proposals (RFP), Request for Quotes (RFQ), or an indication the Government will contract for the items or services herein. This notice is not to be construed as a commitment on the part of the Government to award a contract, nor does the Government intend to pay for any information submitted as a result of this notice. The Government does not reimburse respondents for any cost associated with submission of the information being requested or reimburse expenses incurred to interested parties for responses to this Sources Sought Notice. Any response received will not be used as a proposal. No official solicitation currently exists in connection to this Sources Sought Notice. If in the future an official solicitation is released, there is no guarantee that sources responding to this Sources Sought Notice will be included on the source list. **NO QUESTIONS WILL BE ENTERTAINED. NO TELEPHONE REQUESTS FOR ADDITIONAL INFORMATION WILL BE HONORED.** The Food and Drug Administration (FDA) requires a Third Party Contractor to conduct inspections of tobacco retail establishments in Delaware and Ohio. The Government contemplates that two separate contracts will be written for the states of Delaware and Ohio. Under the provisions of the Tobacco Control Act (which amended the Federal Food, Drug and Cosmetic Act), FDA has been given the authority to regulate the manufacturing, marketing and distribution of tobacco products to protect the public health and to reduce tobacco use by minors. The Tobacco Control Act also amended the Comprehensive Smokeless Tobacco Health Education Act of 1986 (CSTHEA) to grant FDA authority to regulate certain health warnings that must appear on smokeless tobacco products. The FDA requires a contractor to facilitate the enforcement provisions of the TCA by: (1) conducting inspections of retailers that sell and advertise regulated tobacco products; (2) collecting, documenting, and preserving evidence of inspections and investigations; and (3) supporting the FDA in judicial actions resulting from the inspections. ONLY SMALL BUSINESS FIRMS NEED TO RESPOND TO THIS SOURCES SOUGHT NOTICE WITH A CAPABILITY STATEMENT. A response to this Notice shall include company name, address, point of contact, size of business pursuant to NAICS 561611, and Data Universal Numbering System (DUNS) Number. The capability statement must demonstrate the ability to employ qualified inspectors that are health, food, or drug officer/employees of any U.S. State, Territory, or political subdivision, in order to obtain the FDA Commission necessary to perform these tobacco retail inspections. The capability statement must also address the potential offeror's ability to obtain a grant of minor immunity if required by the state to perform undercover buy inspections and describe the Contractor's previous experience performing similar inspection work. Responses are requested by December 28, 2015 and are limited to a maximum of five (5) pages (font size 10 or larger). A copy of the company capability statement will also be accepted. The capability statement must provide sufficient detail for the FDA to determine whether the potential offeror can meet the requirements of the inspection services required. The anticipated period of performance is one year with two (2) one-year option periods. After review of the responses received, a pre-solicitation synopsis and formal solicitation may be published on the Federal Business Opportunities (FBO) Web site at https://www.fbo.gov/. Potential offerors are responsible for monitoring the FBO website for the release of a pre-solicitation notice and solicitation. Contractors must be registered in the System for Award Management (SAM), accessed via the Internet at https://www.sam.gov/portal/public/SAM/. All information provided will become property of the Food and Drug Administration (FDA) and will not be returned. Interested parties capable of performing this requirement should send an email responding to this Sources Sought Notice to Nicole Stevenson at nicole.stevenson@fda.hhs.gov.