Users Eligible to use GSA Sources of Supply and Services » Advantidge, Inc.

Users Eligible to use GSA Sources of Supply and Services

This Order provides definitions and listings of agencies and organizations authorized to use GSA sources of supply and services. It also provides definitive guidelines concerning eligibility requirements.

40 U.S.C. §§ 501 – 502 authorize the Administrator of General Services (Administrator) to procure and supply personal property and non-personal services for executive agencies and other Federal agencies, mixed- ownership Government corporations as identified in 31 U.S.C. § 9101, the District of Columbia, qualified nonprofit agencies for the blind or other severely handicapped for use in making or providing an approved commodity or service to the Government, and state and local governments for certain Federal supply schedule purchases, including use for disaster recovery purchasing. Other organizations are eligible pursuant to other statutes under which GSA operates (such as 40 U.S.C. § 602, which governs eligibility to obtain GSA Fleet motor vehicles and related services) or by reason of enabling statutory authority.

GSA sources of supply and services are defined as those support programs administered by GSA and prescribed in the Federal Property Management Regulations (FPMR), 41 CFR Parts 101-26–Procurement Sources and Programs, 101-39–Interagency Fleet Management Systems (GSA Fleet), Federal Management Regulation (FMR) 102- 117–Transportation Management, FPMR 101-42, FMR 102-35 through 102-42 –Utilization and Disposal Programs, and in the Federal Travel Regulation, 41 CFR Part 301-73, Travel Programs.

The authority to use GSA sources of supply and services is established by statute or regulation. Organizations are eligible to use GSA sources of supply and services pursuant to 40 U.S.C. §§ 501 – 502 or other statutory authority. Please note that although an organization may be eligible to use GSA sources of supply, particular sources may not be accessible. In some cases, as resources or assets may not be available (especially in the case of the GSA Fleet), it may not be practical for GSA to make certain sources of supply available, or the contract(s) for the requested commodity or service may not permit participation by certain otherwise eligible organizations. Also, some organizations may be eligible to use only specific GSA sources of supply or services.

40 U.S.C. § 501, Services for executive agencies, authorizes the Administrator to procure and supply personal property and non-personal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting.

Executive agencies include:

  • Executive departments

  • Wholly owned Government corporations

  • Independent establishments in the executive branch of the Government

  • Other Federal agencies, mixed-ownership Government corporations, the District of Columbia, qualified nonprofit agencies for the blind or other severely handicapped for use in making or providing an approved commodity or service to the Government, and state and local governments for certain Federal supply schedule purchases, including use for disaster recovery purchasing. 40 U.S.C. § 502, Services for other entities, authorizes the Administrator to provide access to GSA sources of supply (or limited authorizations in some cases) to these organizations upon request. 40 U.S.C § 602 authorizes the Administrator to furnish GSA Fleet motor vehicles and related services to Federal agencies, mixed-ownership Government corporations, or the District of Columbia

  • Mixed-ownership Government corporations

  • District of Columbia

  • The Senate, the House of Representatives, and activities under the direction of the Architect of the Capitol

  • Other organizations authorized under the authority of 40 U.S.C. §§ 501 – 502. GSA has determined that certain organizations, other than those described above, are eligible to use its sources of supply and services under the authority provided to the Administrator by 40 U.S.C. §§ 501 – 502

  • Cost-reimbursement contractors (and subcontractors) as properly authorized. Under 40 U.S.C. § 501, the Administrator determined that in order to promote greater economy and efficiency in Government procurement programs, contractors performing cost-reimbursement type contracts or other types of negotiated contracts, when the agency determines that a substantial dollar portion is of a cost-reimbursement nature, may be authorized to use GSA sources of supply. In each case, the written authorization must conform to the requirements of FAR Part 51, Use of Government Sources by Contractors. Contractors are not eligible to obtain GSA city-pair contract airfares

  • Cost-reimbursement or fixed price contractors’ use of GSA Fleet motor vehicles and related services. Subpart 51.2 of the FAR states that, if it is in the Government’s interest, a contracting officer may authorize a cost-
    reimbursement contractor to obtain, for official purposes only, GSA Fleet motor vehicles and related services. The FAR also states that Government contractors shall not be authorized to use GSA Fleet motor vehicles and related services for use in performance of any contract other than a cost-reimbursement contract, except as otherwise specifically approved by the Administrator. Accordingly, any request for use of GSA Fleet vehicles and related services by other than a cost-reimbursement contractor must be requested by the agency contracting officer and approved by GSA

  • Fixed-price contractors (and subcontractors) purchasing security equipment. Under 40 U.S.C. § 501, the Administrator has determined that fixed-price contractors and lower-tier subcontractors who are required to maintain custody of security classified records and information may purchase security equipment from GSA.
    Procedures for such acquisitions are set forth in 41 CFR 101-26.507

  • Non-Federal firefighting organizations cooperating with the U.S. Department of Agriculture, Forest Service. Pursuant to 40 U.S.C. § 501 and 16 U.S.C. § 580a, it has been determined that certain non-Federal firefighting organizations may purchase wildfire suppression equipment and supplies from the Federal Acquisition Service (FAS). This determination is reflected in an interagency agreement between GSA and the USDA, Forest Service. (FAS No. FM-IA-06-002, December 27, 2006)

  • Tribes and Tribal Organizations. As provided in section 102(13) of Pub. L. 103-413 (the Indian Self- Determination Act Amendments of 1994), a tribal organization, when carrying out a contract, grant or cooperative agreement under the Indian Self-Determination and Education Assistance Act, is deemed an executive agency for purposes of 40 U.S.C. § 501. Additionally, if the self-determination contract contains a provision authorizing interagency motorpool vehicles and related services, as provided in Section 103 of the Indian Self-Determination Act Amendments of 1994, the tribe or tribal organization is eligible to use GSA Fleet motor vehicles and related services, if available. (Authorization to use GSA sources of supply under the authority cited in this paragraph does not include purchases for resale unless the contract, grant, cooperative agreement, or funding agreement authorizes such activity. Information on the authority for resale must be provided to GSA, and based on that information, GSA must concur.)

  • Use of Certain Federal supply schedules by state and local Governments. State and local governments have limited access to GSA sources of supply, as detailed below. State or local government, defined at 40 U.S.C. § 502(c) includes any state, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education). In any case of the use by a state or local government of a Federal supply schedule, participation by a firm that sells to the Federal Government through its Federal supply schedule contract shall be voluntary with respect to a sale to the state or local government under that contract

  • Cooperative Purchasing. Pursuant to 40 U.S.C.502(c), the Administrator may provide for the use by state or local governments of Schedule 70 and Schedule 84 for supplies and services available under those Federal supply schedules

  • Disaster Recovery. As provided in 40 U.S.C. § 502(d), the Administrator may provide for the use of Federal supply schedules by state and local governments for the purchase of products and services to be used to facilitate recovery from major disasters declared by the president under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack

  • 1122 Program. 10 U.S.C. § 381 allows for the purchase of equipment suitable for counter-drug, homeland security, and emergency response activities through the Department of Defense. GSA maintains the catalog of available products under this program

  • Public Health Emergencies. State, local, territorial, and tribal governments may access Federal supply schedules as authorized users for goods and services when expending Federal grant funds in response to Public Health Emergencies (PHE) declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act, codified at 42 U.S.C. § 247d

  • The American National Red Cross. As provided for in section 2 of Pub. L. 111-263 (the Federal Supply Schedules Usage Act of 2010), the American National Red Cross in furtherance of its purposes set forth in 36 U.S.C. § 300102 is authorized to access Federal Supply Schedules. (Authorization to use Federal Supply Schedules under the authority cited in this paragraph does not include purchases for resale.)

  • Certain institutions. The following activities are eligible to use GSA sources of supply and services:
    Howard University (20 U.S.C. § 130) Gallaudet University (20 U.S.C. § 4362) National Technical Institute for the Deaf, (20 U.S.C. § 4362) and American Printing House for the Blind (20 U.S.C. § 106)

  • Governments authorized under 48 U.S.C. § 1469e. As provided in 48 U.S.C. 1469e, the governments of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands are eligible to use GSA sources of supply and services

  • Entities authorized under the Foreign Assistance Act (FAA). Section 607 of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. § 2357, provides that the President may authorize friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies to use GSA sources of supply and services when determined consistent with and in furtherance of the international development goals of the FAA. The President delegated his authority to make Section 607 determinations under the FAA to the U.S. Agency for International Development (USAID). Purchases are limited to those for civilian use only

  • Non-appropriated fund activities. FPMR 101-26.000 provides that military commissaries and non- appropriated fund activities may use GSA sources of supply and services for their own use, not for resale, unless otherwise authorized by the individual Federal agency and GSA has concurred

  • Ineligible activities. Except for the acquisition of excess personal property through sponsoring agencies, which is governed by FMR 102-36.185 – 102-36.205 and not this GSA Order, Federal grantees are ineligible to use GSA sources of supply and services. In addition, a cost-reimbursement contractor cannot transfer procurement authorization to a third party

  • Travel and transportation.
    a. Persons. Organizations seeking to use GSA sources of supply and services for travel related services and transportation of persons must obtain a separate determination for the requested service(s). This is necessary to determine whether the requesting entity is eligible under the language of the specific contract(s); e.g., travel management services, travel charge card services, and air passenger transportation.
    b. Goods. An organization seeking to use GSA sources of supply for transportation of goods pursuant to a contract entered into under the FAR may do so if the requesting entity is eligible under the language of the specific contract(s); e.g., express small package delivery, express heavyweight delivery services. As a general matter, transportation under GSA’s tenders of service entered into under 49 U.S.C. § 13712 or similar statutes governing common carriage are limited to transportation for the Federal Government. Thus, an entity that is not part of the Federal Government may not use these tenders of service.

  • Excess, surplus, and forfeited property. The eligibility of organizations to obtain supplies and services through GSA’s personal property utilization and disposal programs is not governed by this GSA Order

Determination of eligibility. Organizations other than those covered in the appendices to this GSA Order may be eligible to use GSA sources of supply and services. Organizations requesting an eligibility determination should submit a request to the Office of Governmentwide Policy, Attention: Office of Acquisition Policy (MV), 1800 F Street, Washington, DC 20405, or phone 202-501-1224. Include in the request the name and contact number of the entity or organization with applicable supporting documentation and any separate statutory authority that may exist, for GSA’s analysis and determination.