Attachment E - BPA_Special_Requirements.pdf

75H71227Q00001 | Attachment E | Nonpersonal Hospitalist Physician Services

Attachment E

BPA Schedule and Special Requirements

Nonpersonal Hospitalist Physician Services

Solicitation No. 75H71227Q00001

Phoenix Area Indian Health Service

1. BPA IDENTIFICATION

Item Requirement

Solicitation 75H71227Q00001

Requirement Nonpersonal Hospitalist Physician Services

BPA Type Multiple-award commercial services BPA; one or more BPAs may be established

Principal Ordering Activity Phoenix Indian Medical Center (PIMC)

Other Ordering Activities As identified in Attachment A - PWS and Attachment B - Pricing Schedule

Anticipated Ordering Period January 1, 2027 through December 31, 2031

Pricing Basis One fully burdened Hospitalist physician hourly rate per Ordering Activity

2. NATURE OF THE BPA

The BPA establishes terms, conditions, and agreed hourly rates for anticipated repetitive Hospitalist physician services. The

BPA is not itself a funded order and does not guarantee any minimum quantity, minimum number of hours, minimum revenue, Call, candidate selection, or exclusivity. A BPA holder may receive no Calls. Government liability arises only from authorized

BPA Calls issued by a warranted Contracting Officer. Each individual purchase/Call issued under the simplified commercial BPA authority may not exceed the applicable RFO FAR 12.201-1 threshold.

3. ORDERING PERIOD

The anticipated BPA ordering period is January 1, 2027 through December 31, 2031, unless a different effective date is stated in the executed BPA. A Call may not be issued after expiration of the BPA ordering period. A Call properly issued before expiration may continue through its stated period of performance, subject to the terms of the BPA and Call.

4. BPA LIMITATIONS AND AUTHORIZED ORDERING OFFICIALS

No aggregate BPA ceiling is established unless stated in the executed BPA; however, each individual Call is subject to the applicable RFO FAR 12.201-1 simplified-procedure threshold and the funded ceiling stated in the Call. Only warranted

Contracting Officers identified by the Phoenix Area Division of Acquisition Management, acting within their warrant authority, are authorized to place Calls or otherwise obligate funds under the BPA. The Government may update the list of authorized

Contracting Officers administratively without changing the Contractor's substantive rights or obligations.

5. ORDERING ACTIVITIES AND PLACES OF PERFORMANCE

Authorized Ordering Activities and included facilities are identified in Attachment A - PWS. The applicable Ordering Activity rate applies to the primary and affiliated facilities identified under that Ordering Activity unless the BPA expressly establishes a separate facility-specific rate. Each Call will identify the actual place(s) of performance.

6. BPA RATES

Attachment B, as completed for the BPA holder at award, establishes the applicable fully burdened hourly rates. Rates include all costs identified in the PWS and Pricing Schedule, including travel, transportation, lodging, meals, per diem, insurance, recruitment, subcontractor costs, overhead, G&A, and profit. No separate premium is payable for nights, weekends, holidays, overtime, extended shifts, travel, or lodging. A BPA holder may offer a lower rate for an individual Call.

7. FUNDING AND CALL CEILINGS

No funds are obligated by establishment of the BPA. Each Call will identify the funded amount/ceiling and authorized coverage.

The Contractor shall not exceed the funded Call ceiling or authorized hours except as expressly permitted by the Call or authorized in writing by the Contracting Officer. The Government is not liable for services performed without contractual authorization.

8. AUTHORIZED GOVERNMENT OFFICIALS

Only a warranted Contracting Officer may establish or modify the BPA, issue or modify a funded Call, change BPA rates, or otherwise obligate the Government. A COR or other Government representative may perform only the functions delegated in writing and may not alter price, scope, hours, funding, or other contractual terms.

9. NONPERSONAL SERVICES

Services are nonpersonal. Contractor physicians are not Government employees. The Contractor retains responsibility for recruiting, employment, compensation, scheduling, assignment, supervision, management, and conduct of its personnel.

Government clinical personnel may coordinate patient care and enforce facility clinical requirements without creating an employer-employee relationship.

10. PERSONNEL QUALIFICATIONS AND PRE-PERFORMANCE APPROVALS

All physicians must meet Attachment A - PWS and Call-specific qualifications and must complete applicable credentialing, privileging, security, onboarding, and facility approval before patient care begins. Government review of a CV, interview, or candidate submission does not authorize performance. The Contractor shall maintain required licenses, certifications, privileges, insurance, and eligibility throughout performance.

11. SUBCONTRACTING / TEAMING / ISBEE PERFORMANCE STRUCTURE

The Contractor shall perform in accordance with the ISBEE/IEE eligibility and performance structure represented in its quotation and the applicable Buy Indian Act requirements. Material changes to ownership, control, management, joint venture membership, subcontracting, staffing-partner arrangements, or the entity relied upon for eligibility must be promptly disclosed to the Contracting Officer. The Contractor shall comply with 352.226-75 and FAR 52.219-14 as applicable.

12. PERFORMANCE MONITORING

Performance will be monitored under the PWS, applicable Call, and facility quality/patient-safety requirements. The Government may consider BPA/Call performance when making future Call selections, determining whether corrective action is required, assessing responsibility, or determining whether continuation of the BPA is in the Government's interest, consistent with applicable law and regulation.

13. SUSPENSION OF CALL ELIGIBILITY / BPA ADMINISTRATION

The Contracting Officer may temporarily refrain from issuing new Calls to a BPA holder when necessary to address material eligibility, responsibility, credentialing, safety, performance, security, or compliance concerns, consistent with the BPA and applicable law. Such administrative action does not waive the Government's rights or remedies and does not itself authorize termination of an existing Call unless separately acted upon.

14. INVOICING

Invoices shall be submitted electronically through IPP or successor system in accordance with Attachment C and the applicable

Call. Invoices must be supported by the documentation required by the Call and must not exceed authorized hours or the funded ceiling. Payment is subject to Government acceptance of services.

15. TAX EXEMPTION

Attachment F provides documentation of the Government's tax-exempt status for use as applicable. The Contractor remains responsible for determining whether an exemption applies to a particular transaction and for including all applicable taxes and costs in its fully burdened rates.

16. ORDER OF PRECEDENCE

In the event of an inconsistency, the following order of precedence applies unless a controlling statute, regulation, or clause requires otherwise: (1) SF-1449 / executed BPA and bilateral modifications; (2) Attachment C - Solicitation Provisions and

Contract Clauses; (3) Attachment E - BPA Schedule and Special Requirements; (4) Attachment D - BPA Ordering Instructions;

(5) Attachment A - PWS; (6) Attachment B - Awarded Pricing Schedule; and (7) the Contractor's quotation, but only to the extent expressly incorporated into the BPA. An individual BPA Call controls its facility-specific requirements within the general scope of the BPA but does not amend the BPA unless expressly stated in an authorized modification.

17. BPA MODIFICATIONS

Only the Contracting Officer may modify the BPA. Changes to rates, Ordering Activities, material performance terms, or other

BPA-level requirements must be made through an authorized written modification.

18. ANNUAL BPA REVIEW

The Contracting Officer will review the BPA at least annually to ensure authorized procedures are being followed and to maintain awareness of changes in market conditions, sources of supply, pricing, contractor performance, and other pertinent factors that may warrant modification of the BPA or establishment of agreements with additional qualified suppliers.

19. BPA TERMINATION / CANCELLATION

The BPA may be discontinued, canceled, or otherwise ended in accordance with its terms and applicable law. Ending the BPA does not automatically terminate an outstanding Call; the status of each outstanding Call will be addressed separately as appropriate.