A&E BPA

Question - Can a FAR part 13 BPA be used to acquire A&E Services?

Scenario - Agency has utilized multiple award IDIQs to acquire A&E services.  Selection and award of task orders under the IDIQs follow FAR part 36.6/Brooks Act procedures.  Agency is now considering use of multiple BPAs in lieu of using IDIQs.

Previous TO awards were both below and above $250k and it is expected calls under the proposed BPA approach will be similar.

I have researched and have found only one example of an agency using a BPA in this manner.  I have also done general research including review as best as possible of GAO protests.  After a read and re-read of FAR 36.6 I feel use of a BPA is inconsistent with the FAR/Brooks Act as a call against a BPA is not a negotiated procurement in the sense as used in FAR 36.6 and FAR part 15.  Additionally use of a BPA for needs above $250k suggests that an A&E service is a commercial item and I note that that there are those that feel that A&E is not inclusive of the FAR definition of a commercial item.

References to support any response to the question would be appreciated.