FDA Third Party Tobacco Retailer Inspection Services (Region 4)

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).