Atch G - BPA Sample Template.pdf

Blanket Purchase Agreement (BPA) Architecture & Engineering (AE) Technical

Assistance

ISSUED BY

Health Resources & Services Administration (HRSA)

Office of Acquisitions Management & Policy

5600 Fishers Lane

Rockville, MD 20857

SECTION 1 – SERVICES/PRICES

1.1 Purpose

The purpose of this BPA is to obtain Architecture and Engineering (A/E) services to perform program and

A/E reviews. Additionally, the contractor shall perform outreach to award recipients and HRSA staff to ensure compliance with applicable federal statutes and regulations. The services shall augment HRSA’s capacity to review, monitor, ensure compliance with Federal laws, and provide technical assistance on construction-related projects, A/E documentation and related reviews for Federal construction-related assistance programs.

1.2 Type of Order

This BPA will allow the issuance of Firm Fixed Price orders.

1.3 Commercial Services

This requirement is for commercial services.

1.4 Severable / Nonseverable Services

This requirement is for severable services.

1.5 Pricing

Any proposed pricing shall be contained in the respective BPA # [Insert BPA Number]. The Government will not accept open market pricing over $2,500.00 in aggregate per order.

1.6 BPA Estimated Threshold

The Government estimates but does not guarantee that the volume of purchases under this BPA shall be

$7.5M). The minimum amount per order under this BPA shall be according to the rates in the Price

Catalogue (Attachment D).

1.7 Additional Discounts

The Contractor may provide additional discounts for Request for Quotation (RFQ) issued under this BPA.

1.8 Pricing Ceiling Rates

The maximum order price shall be inclusive of all direct and indirect costs to the Contractor.

The Price Catalogue (Attachment D) contains ceiling prices for each task that will apply to individual orders issued under the BPA. These ceiling rates are for the life of the BPA and shall not be exceeded for any reason, unless modified by the Contracting Officer.

Funds are only available for use for the order to which they are obligated. Unused funds from one call order may not rollover for use in another call order.

SECTION 2 – STATEMENT OF WORK

2.1 Statement of Work

Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work attached hereto

(Attachment B) and made part of this document.

SECTION 3 – PACKAGING AND MARKING

3.1 Information and Deliverables

All information and deliverables shall be delivered to the Contracting Officer’s Representative (COR) email address specified in each order and shall include the following:

a. Name and address of the Contractor;

b. BPA number and order number; and

c. Description of content.

SECTION 4 – INSPECTION AND ACCEPTANCE (COMMERCIAL)

Pursuant to FAR 52.212-4 Contract Terms and Conditions–Commercial Products and Commercial

Services (NOV 2023), all work described in this statement of work and to be delivered under subsequent orders is subject to final inspection and acceptance by an authorized representative of the Government.

The authorized representative of the Government is the COR, who is responsible for inspection and acceptance of all services, materials, and supplies to be provided by the Contractor.

SECTION 5 – PERFORMANCE AND DELIVERABLES

5.1 Period of Performance

The period of performance of this BPA shall be one (1) base period of 12 months with four (4) 12-month option periods, unless cancelled. The option periods may be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The BPA period of performance is detailed below. Each order issued under this BPA will specify the period of performance for the work to be performed under that order.

Base Period Date/Month/2024 – Date/Month/2025

Option Period 1 Date/Month/2025 – Date/Month/2026

Option Period 2 Date/Month/2026 – Date/Month/2027

Option Period 3 Date/Month/2027 – Date/Month/2028

Option Period 4 Date/Month/2028 – Date/Month/2029

5.2 Place of Performance

The work shall be performed off-site and will be specified at the order level.

5.3 Delivery Schedule

The Contractor may provide deliverables as described in subsequent orders. Deliverables shall be specified by the Government. Format and delivery schedule for deliverables shall be outlined in each order.

ITEM DESCRIPTION QUANTITY DUE DATE FORMAT SUBMIT TO

1 Federal Records

Management Training.

(Section IV, Task 2.

Provide Records

Management training completion certificates

One (1) per contractor employee performing work under

BPA Call

Orders.

Federal Records

Management

Training due within 30 days after contract award and upon new staff onboarding and thereafter completing the annual refresher course during the life of the contract

PDF Email to COR.

2 Kick-off Meeting One (1) per

BPA Call Order

(as needed)

Meeting held within 14 days of effective date of

BPA Call Order;

Minutes within three (3) days of meeting.

PDF Email to COR.

3 Training Certificates

(HHS/HRSA

Contractor Information

Security Awareness, Privacy, and Records

Management Training

Certificate & Rules of

Behavior Training

Certificate). (Section

IV, Task 4).

One (1) certificate per training completed per contractor employee performing work under

BPA Call

Orders.

Completion

Certificates are due within 30 days after first BPA

Call Order Award issued in each period of performance and annually thereafter or upon request.

Online training, PDF certificates.

Email to the

COR.

4 Status Meeting.

(Section IV, Task 5)

As scheduled by COR.

Meeting Minutes within three (3) days of Status

Meeting

PDF Email to COR.

5 Monthly Status Report.

(Section IV, Task 6).

One (1) per month after

BPA Call

Order

Award.

Monthly Status

Report due within five (5) business days after end of calendar month.

PDF Email to COR.

6 Technical Review

Progress Report.

(Section IV, Task 7.a).

One (1) per award as assigned.

Due within 15 business days after assignment by

HRSA.

Task completed in

EHB.

Submitted in

EHB.

7 Technical Review

Progress Report.

(Section IV, Task 7.b).

One (1) per week during progress reporting period;

includes all assigned awards during that period.

Due weekly;

within 15 business days after assignment by

HRSA.

Microsoft

Excel file

Email to COR.

8 Project Management

Plan (PMP). (Section

IV, Task 8).

One (1) per 12-month period.

Max of two (2) updates per 12-month period.

PMP due within

30 days of BPA

Call Order Award.

Updates due within 30 days of changes.

Microsoft

Word document

Email to COR.

9 Partnering Meeting.

(Section IV, Task 9).

As scheduled by COR.

Meeting Minutes due within three (3) business days of meeting.

PDF Email to COR.

10 Scoping A/E Project

Technical Review.

(Section IV, Task

10.1(a)).

One (1) per review.

Scoping A/E

Project

Technical

Review due within three (3) business days of notification by

HRSA of the availability of a

Information to be entered into EHB.

Information to be entered into

EHB.

review.

11 Scoping A/E Project

Technical Review

Back Check.

(Section IV, Task

10.1(b))

One (1) per review.

Back Check of

Scoping A/E

Project

Technical

Review due within two (2) business days of notification by HRSA of the availability of a review.

Information to be entered into EHB.

Information to be entered into

EHB.

12 Major Submission

Review.

(Section IV, Task

10.2.a).

One (1) per review.

Review due within three

(3) business days of notification by HRSA of the availability of a submission.

Information to be entered into EHB.

Information to be entered into

EHB.

13 Minor Submission

Review. (Section IV, Task 10.2.b).

One (1) per review.

Project Completion

Certification for

Construction

Projects due with three (3) business days of notification by

HRSA of the availability of a submission.

Information to be entered into EHB.

Information to be entered into

EHB.

14 Capital Updates.

(Section IV, Task 10.3).

One (1) per review.

Capital Updates due within five (5) business days of notification by HRSA of the availability of a submission.

Information to be entered into EHB.

Information to be entered into

EHB.

15 Project Re- budgeting

Technical Review.

(Section IV, Task 10.4).

One (1) per review.

Post-Award

Project Re-budgeting

Technical

Review due within five (5) business days of notification by

HRSA of the availability of a review.

Information to be entered into EHB.

Information to be entered into

EHB.

16 Non-Disclosure

Agreement

(Section IV, Task 11.e)

One (1) per contractor employee performing work.

After BPA Call

Order Award and prior to commencing work.

PDF Email to COR.

17 Incident Response

(Section IV, Task 11.f)

One (1) per issue reported.

Within one (1) hour.

In any medium or form, including paper, oral, or electronic.

HRSA Security

Operations

Center (SOC), COR, CO, HRSA SOP (or designee).

18 Position Sensitivity

Designations (Section

IV, Task 11.g)

One (1) per employee.

Prior to work start by personnel.

PIV Card obtained

Confirmation delivered to

COR via email.

19 Roster.

(Section IV, Task 11.i)

One (1) per Call

Order.

Within 14 days of

BPA Call Order

Award and updated as needed.

Word

Document or

PDF

Delivered to

COR via email.

20 Contract Initiation and

Expiration (Section

IV, Task 11.j)

One (1) per Call

Order

At close out of

Call Order

Word

Document or

PDF

Delivered to

COR via email.

SECTION 6 – ORDERING PROCEDURES

6.1 Request for Quote (RFQ) Procedures

The following ordering procedures shall apply to all orders issued under this BPA. Any services to be furnished under this BPA will be ordered by issuance of a written RFQ.

Only an authorized HRSA Contracting Officer can issue an order under this BPA. No work will be performed, and no payment will be mad, except as authorized by a signed order.

The RFQ procedures described below represents the Government’s approach to issuing an order under this BPA:

a. The Contractor will be provided with an RFQ via email, along with the call order form.

b. The cost/price submission shall be based upon the pre-established task costs included in Section

One (1) of this BPA and any further discounts offered by the Contractor for individual orders.

c. Firm Fixed Price orders can be issued under this BPA.

d. The BPA holder shall prepare a quotation within the timeframe requested in each RFQ, usually within three (3) days from date of issuance. The Contractor will generally be required to submit the quote via email to the Contract Specialist listed in the RFQ.

6.2 Order Issuance

Orders may be issued by email or other electronic methods. The BPA holder will be provided with a written RFQ and Order Form.

a. At a minimum, the order form will specify the following:

• Date of request

• Initiative ID

• BPA Number and Order Number

• Period of Performance (estimated)

• Ordering Period (Base, Option Period 1, 2, 3, or 4)

• BPA Call Order COR

• Call Order Quantities

• Total Cost/Price

b. The ordering activity will place an order directly with the Contractor based upon pre-established prices.

c. The Government reserves the right to award a Call Order without discussions.

SECTION 7 – BPA ADMINISTRATION DATA

7.1 Authorities of Government Personnel

Notwithstanding the Contractor’s responsibility for total management during the performance of this BPA and orders, the administration of the BPA and orders will require coordination between the Government and the Contractor. Each order issued under this BPA will designate a COR responsible for monitoring the work under the specific order and will be signed by a HRSA Contracting Officer.

The Contractor shall contact the Contracting Officer for each order for any issues regarding the specific order.

The following individuals will be the Government’s points of contact during performance of this BPA and are only designated for the BPA.

a. BPA Contracting Officer

The HRSA Contracting Officer is the only individual authorized to modify the BPA. The

Contracting Officer is responsible for administrative and contractual issues concerning the BPA.

TBD

b. BPA Contract Specialist

All communication pertaining to administrative matters under this BPA shall be directed to the

Contract Specialist.

TBD

c. Parent BPA Contracting Officer Representative (COR)

TBD

7.2 Order COR Responsibilities

The COR designated in each order will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the order to have a successful outcome for the Contractor and Government.

This includes providing technical direction to the Contractor to guide the effort in order to accomplish the order statement of work. This may include providing information to the Contractor for assistance in the interpretation of Government-provided information, specifications, or technical portions of the work description, and where required by the BPA/Order, review, and approval of product deliverables of the

Contractor to the Government under the BPA/Orders.

7.3 Restrictions on CORs

Direction given by the COR to the Contractor must be within the parameters of the Statement of Work as stated in the BPA/Orders.

The COR may not issue any discretion to the Contractor that:

a. Solicits a quotation or

b. Constitutes an assignment of additional work outside the Statement of Work of this BPA/Order or

c. In any manner causes an increase in total order cost/price or the time required for order performance or

d. Changes any of the express terms, conditions, or specifications of the BPA/Order (i.e., changes in the cost/price or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the Government.

7.4 Invoicing Instructions

See Attachment J.

7.5 Electronic Funds Transfer

See Attachment J.

7.6 Contractor Performance Evaluation

During the life of this BPA, contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

The Government will conduct an evaluation of contractor’s performance based on the completion of orders issued under this BPA that exceeds $250,000.

SECTION 8 – SPECIAL CONTRACT REQUIREMENTS

8.1 Prohibition Against Personal Services

The contractor shall not perform personal services under this BPA. Contractor personnel are employees of the contractor or its subcontractors and are under the administrative control and supervision of the

Contractor. A contractor supervisor must give all individual contractor employee assignments and daily work direction. The Government will not supervise or direct contractor employees in the performance of their assignments. If at any time the contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The contractor shall not perform any inherently governmental functions under this contract. No contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

8.2 Restrictions on Contractor Access to Government or Third-Party Information

The purpose of this clause is to set forth the restrictions that will govern contractor employees’ access to

Government or third-party information in order to protect the information from unauthorized use or disclosure.

a. Under this contract, the contractor will have access to contractor proprietary information and other nonpublic information.

b. Restrictions on use and disclosure of information.

1. With regard to any information to which the Contractor is given access in performance of this

BPA, whether the information comes from the Government or from third parties, the

Contractor shall:

a) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

b) Safeguard information from unauthorized use and disclosure;

c) Allow access to the information only to those employees who need it to perform services under this BPA;

d) Preclude access and disclosure of information to persons and entities outside of the

Contractor's organization that do not have authority to access the information;

e) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

f) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

2. Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the

Government to:

a) Compete for work for the Government; or

b) Submit an unsolicited quotation to the Government.

3. If the Contractor is exposed to information that is marked in a way that indicates the

Contractor should not receive this information, the Contractor shall:

a) Notify the Contracting Officer; and

b) Use the information only in accordance with the instructions of the Contracting Officer.

4. Breach of any of the conditions of this section of the contract may provide grounds for the

Government to:

a) Require the contractor to remove the contract employee or employees from the performance of the BPA and orders;

b) Require the contractor to terminate the subcontractor;

c) Suspend contractor payments;

d) Terminate this contract for default or cause;

e) Suspend or debar the Contractor for serious misconduct affecting present responsibility;

and;

f) Pursue such other remedies as may be permitted by law, regulation, or this contract.

c. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

d. The Contractor shall flow down this clause to subcontractors at all tiers.

8.3 Management of Sensitive Information

In addition to electronic data security requirements, the contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. In addition, the contractor must notify- within one (1) hour - the COR of any suspected or confirmed instance of compromised data security.

In addition to the requirements specified elsewhere in this BPA, the Contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. The Contractor shall ensure that all of its employees, subcontractors (at all tiers), and employees of each subcontractor, who perform work under this contract/subcontract, are trained on data privacy issues and comply with the above requirements.

The Contractor shall submit a written plan and assurance for complying with the above requirements at least annually. See Personally Identifiable Information (PII) Breach Response Team (BRT) Policy:

http://www.hhs.gov/ocio/policy/20080001.003.html.

8.4 Post Award Organizational Conflict of Interest (OCI)

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors, and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this BPA.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this BPA or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

8.5 Section 508

Section 508 requires that all external public facing content and non-public facing official agency communications be accessible. Regardless of format, all digital content or communications materials produced as deliverables under this contract must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. The contractor shall complete and submit the applicable HHS Section 508 Accessibility Compliance Checklist per Section 508 deliverable. The checklist will serve as an artifact declaration of the Section 508 deliverable's compliance. Remediation of any Section 508 deliverables that do not comply with the applicable requirements as set forth below shall be the contractor's responsibility.

HHS guidance and checklists regarding accessibility of documents can be found at https://www.hhs.gov/web/section-508/accessibility-checklists/index.html.

8.6 Confidentiality Agreement Requirements

The Contractor shall implement a confidentiality agreement related to all data provided by the

Government staff. All Contractor’s staff that work with the Federal Government and are provided information and access to databases shall sign such an agreement and a copy of the signed agreement for each relevant staff member shall be submitted to the COR prior to receipt of relevant documents.