• GENERAL SERVICES ADMINISTRATION
    Washington, DC 20405

    ADM 4800.2E
    January 3, 2000

    GSA ORDER

    SUBJECT:  Eligibility to Use GSA Sources of Supply and Services

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

    2.  Cancellation.  ADM 4800.2D is canceled.

    3.  Background.  Section 201 of the Federal Property and Administrative Services Act of 1949, as amended (the Property Act) authorizes 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 the Government Corporation Control Act, the District of Columbia, and qualified nonprofit agencies for the blind or other severely handicapped for use in making or providing an approved commodity or service to the Government.  Other organizations may be eligible pursuant to other sections of the Property Act or by reason of enabling statutory authority.

    4.  Nature of revision.  These revisions update the listings of organizations determined eligible to use GSA sources of supply and services.

    5.  Definition.  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, 101-35--Telecommunications, 101-39--Interagency Fleet Management Systems (GSA Fleet),101-40--Transportation and Traffic Management, 101-42 through 101-46, 101-48, and 101-49, Utilization and Disposal Programs, and in the Federal Travel Regulation, 41 CFR Part 301-73, Travel Programs.  Note: GSA is in the process of recodifying the FPMR in the Federal Management Regulation (FMR) at 41 CFR Chapter 102.

    6.  Authority to use GSA sources of supply and services.  The authority to use GSA sources of supply and services is established by statute (see par. 7) or regulation.

    7.  Eligible activities.  Organizations are eligible to use GSA sources of supply and services pursuant to the Property Act 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.

    a.  Executive agencies.  Subsections 201(a) and 211(b) of the Property Act provide for executive agencies' use of GSA sources of supply and services.  Executive agencies, as defined in subsection 3(a) of the Property Act, are:

    (1)  Executive departments.  These are the cabinet departments defined in 5 U.S.C. 101 and are listed in App. A.

    (2)  Wholly owned Government corporations.  These are defined in 31 U.S.C. 9101 and are listed in App. A.

    (3)  Independent establishments in the executive branch of the Government.  These are generally defined by 5 U.S.C. 104.  However, it is often necessary to consult specific statutes, legislative histories, and other references to determine whether a particular establishment is within the executive branch.  To the extent that GSA has made such determinations, the organizations qualifying under this authority are listed in App. A.

    b.  Other Federal agencies, mixed-ownership Government corporations, the District of Columbia, and qualified nonprofit agencies for the blind or other severely handicapped for use in making or providing an approved commodity or service to the Government.  Subsection 201(b) of the Property Act authorizes the Administrator to provide GSA sources of supply and services to these organizations upon request.  Subsection 211(b) authorizes the Administrator to provide motorpool/GSA Fleet vehicles and related services to Federal agencies, mixed-ownership Government corporations, and the District of Columbia.

    (1)  Other Federal agencies.  These are Federal agencies defined in subsection 3(b) of the Property Act that are not in the executive branch of the Government, i.e., any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction).  To the extent that GSA has made such determinations, the organizations qualifying under this authority are listed in App. B.

    (2)  Mixed-ownership Government corporations.  These are identified in 31 U.S.C. 9101.  They are listed in App. B.

    (3) District of Columbia. The Government of the District of Columbia is eligible to use GSA sources of supply and services. The Government of the District of Columbia and those parts thereof that have been determined eligible to use GSA sources of supply and services are listed in App. B.

    c.  The Senate, the House of Representatives, and activities under the direction of the Architect of the Capitol.  These organizations are eligible to use GSA sources of supply and services under subsection 602(e) of the Property Act, upon request.  To the extent that GSA has determined that various activities qualify under this authority, they are listed in App. B.

    d.  Other organizations authorized under the authority of the Property Act.  GSA has further determined under the Property Act that certain other types of organizations are eligible to use its sources of supply and services.

    (1)  Cost-reimbursement contractors (and sub-contractors) as properly authorized.  Under section 201 of the Federal Property and Administrative Services Act of 1949, as amended, 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.  This authorization is reflected in Part 51 of the Federal Acquisition Regulation (FAR), which provides that agencies may authorize certain contractors (generally cost-reimbursement contractors) 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.

    (2)  Cost-reimbursement or fixed price contractors' use of GSA Fleet vehicles.  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 vehicles and related services.  The FAR also states that Government contractors shall not be authorized to use GSA Fleet 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.

    (3)  Fixed-price contractors (and sub-contractors) purchasing security equipment.  Under subsection 201(a) of the Property Act, the Administrator has determined that fixed-price contractors and lower-tier sub-contractors 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 FPMR 101-26.507.

    (4)  Non-Federal firefighting organizations cooperating with the Forest Service.  Under section 201 of the Property Act, it has been determined that certain non-Federal firefighting organizations may purchase wildfire suppression equipment and supplies from the Federal Supply Service (FSS) (Article V, Agreement No. FSS 87-1, May 26, 1987).

    (5)  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 subsection 201(a) of the Property Act. (25 U.S.C. 450j(k)).  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 vehicles and related services, if available. (25 U.S.C. 4501) (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.)

    e.  Other statutes.  Other statutes authorize specific organizations to use GSA sources of supply and services.  The organizations that have had eligibility reviews conducted and that have been determined eligible to use GSA sources of supply are listed in App. B or App. C, as appropriate.  The major categories of such organizations include:

    (1)  Certain institutions.  Pursuant to Pub. L. 95-355, the following activities are eligible to use GSA sources of supply and services and are listed in App. B:

    (a)  Howard University

    (b)  Gallaudet University

    (c)  National Technical Institute for the Deaf, and

    (d)  American Printing House for the Blind.

    (2)  Insular governments.  As provided in section 302 of Pub. L. 102-247, (the Omnibus Insular Areas Act of 1992), the governments of American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands are eligible to use GSA sources of supply and services (48 U.S.C. 1469e).  These governments are listed in App. B.

    (3)  Entities authorized under the Foreign Assistance Act.  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 Foreign Assistance Act.  Entities determined eligible under this authority are included in App. C.  Purchases made by such entities through GSA sources of supply and services must be for civilian use only.

    (4)  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 concurred in by GSA.

    8.  Ineligible activities.  Except for the acquisition of excess personal property through sponsoring agencies, 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 leasing company to use GSA sources of supply and services, unless the leasing company has an independent authorization to use GSA contracts.

    9.  Travel.  Activities or organizations seeking to use GSA sources of supply and services for travel/transportation related services must obtain a separate determination for the requested service(s).  This is necessary to determine whether or not the requesting entity is eligible under the language of the specific contract(s); e.g., travel management center services, travel charge card services, and air passenger transportation.

    10.  Excess, surplus, and forfeited property.  The eligibility of activities and organizations to obtain supplies and services through GSA's personal property utilization and disposal programs is governed by FPMR Parts 101-42 through 101-46, 101-48, 101-49, and not by this order.

    11.  Determination of eligibility.  Activities or organizations other than those covered in the appendixes to this order may be eligible to use GSA sources of supply and services.  Activities or organizations requesting an eligibility determination should submit their request to the Office of Governmentwide Policy, Attention: Office of Acquisition Policy (MV).

     

    DAVID J. BARRAM Administrator

     

    Appendix A. 1 Executive Agencies

    The following have been determined to be "executive agencies," or parts thereof, for the purpose of using GSA sources of supply and services.  This list is not all-inclusive; other activities also may be eligible to use GSA sources, and GSA will rule on a case-by-case basis in response to requests received (see par. 11).  Listed here are major Federal activities and their subordinate entities about which inquiries have been received.

    African Development Foundation
    Agency for International Development
    Agriculture, Department of
    Air Force, Department of
    American Battle Monuments Commission
    Armed Forces Retirement Home
    Army Corp of Engineers
    Army, Department of
    Bonneville Power Administration
    Bureau of Land Management
    Central Intelligence Agency
    Christopher Columbus Fellowship Foundation
    Commerce, Department of
    Commission on Civil Rights
    Commission on Fine Arts
    Commodity Credit Corporation
    Commodity Futures Trading Commission
    Consumer Products Safety Commission
    Corporation for National Community Service
    Defense, Department of
    Defense agencies and Joint Service Schools
    Defense Nuclear Facilities Safety Board
    Education, Department of
    Energy, Department of
    Environmental Protection Agency
    Equal Employment Opportunity Commission
    Executive Office of the President
    Export-Import Bank of U.S.
    Farm Credit Administration
    Federal Communications Commission
    Federal Election Commission
    Federal Maritime Commission
    Federal Trade Commission
    Forest Service, U.S.
    General Services Administration
    Government National Mortgage Association
    Harry S. Truman Scholarship Foundation
    Health and Human Services, Department of
    Housing and Urban Development, Department of
    Institute of Museum and Library Sciences
    Interagency Council on the Homeless
    Inter-American Foundation
    Interior, Department of the
    International Boundary and Water Commission, United States Section
    Justice, Department of
    Kennedy Center
    Labor, Department of
    Madison, James, Memorial Fellowship Foundation
    Merit Systems Protection Board
    Morris K. Udall Foundation
    National Aeronautics and Space Administration
    National Archives and Records Administration
    National Credit Union Administration (not individual credit unions)
    National Council on the Handicapped
    National Endowment for the Arts
    National Endowment for the Humanities
    National Labor Relations Board
    National Science Foundation
    National Transportation Safety Board
    Navy, Department of
    Nuclear Regulatory Commission
    Nuclear Waste Technical Review Board
    Occupational Safety and Health Review Commission
    Office of Federal Housing Enterprise Oversight
    Office of Personnel Management
    Office of Special Counsel
    Panama Canal Commission
    Peace Corps
    Pension Benefit Guaranty Corporation
    Postal Rate Commission
    Presidio Trust, the
    Railroad Retirement Board
    St. Elizabeths Hospital
    Securities and Exchange Commission
    Selective Service System
    Small Business Administration
    Smithsonian Institution
    State, Department of
    Tennessee Valley Authority
    Trade and Development Agency
    Transportation, Department of
    Treasury, Department of
    U.S. Arms Control and Disarmament Agency
    U.S. Information Agency
    U.S. International Development Cooperation Agency
    U.S. International Trade Commission
    U.S. Postal Service
    Veterans Affairs, Department of

     

    Appendix B. 1 Other eligible users

    The following have been determined to be eligible to use GSA sources of supply and services, in addition to the organizations listed in appendixes A and C.  An asterisk indicates that special limitations apply.  This list is not all-inclusive; other activities also may be eligible to use GSA sources.  GSA will rule upon eligibility on a case-by-case basis in response to requests received (see par. 11).

    Administrative Conference of the U.S.
    Administrative Office of the U.S. Courts
    Advisory Commission on Intergovernmental Relations
    Advisory Committee on Federal Pay
    American Printing House for the Blind
    American Samoa, government of
    Architect of the Capitol
    Architectural and Transportation Barriers Compliance Board
    Bank for Cooperatives
    Certain non-appropriated fund activities (generally, not for resale)
    Coast Guard Auxiliary (through the U.S. Coast Guard)
    Committee for Purchase from the Blind and other Severely Handicapped
    Contractors and subcontractors - cost reimbursement (as authorized by the applicable
    agency's contracting official)
    Contractors and subcontractors - fixed price (security equipment only when so authorized
    by the applicable agency's contracting official)
    Courts, Federal (not court reporters)
    Delaware River Basin Commission
    District of Columbia, Government of
    Farm Credit Banks
    Federal Deposit Insurance Corporation
    Federal Home Loan Banks
    Federal Intermediate Credit Bank
    Federal Land Bank
    Federal Reserve Board of Governors
    Firefighters, Non-Federal (as authorized by the Forest Service, U.S. Department of
    Agriculture)
    Gallaudet University
    Government Printing Office
    Guam, government of
    Harry S. Truman Scholarship Foundation
    House of Representatives, U.S.
    Howard University (including hospital)
    Japan-United States Friendship Commission
    Land Grant Institutions*
    Legal Services Corporation (not its grantees)
    Library of Congress
    Marine Mammal Commission
    Medicare Payment Advisory Commission
    National Bank for Cooperatives (CoBank)
    National Capital Planning Commission
    National Gallery of Art
    National Guard Activities (only through U.S. Property and Fiscal Officers)
    National Technical Institute for the Deaf
    Navajo and Hopi Indian Relocation Commission
    Neighborhood Reinvestment Corporation
    Northern Mariana Islands, Commonwealth, government of
    Senate, U.S.
    Stennis, John C., Center for Public Service Training and Development
    Susquehanna River Basin Commission
    U.S. Institute of Peace
    U.S. Representative, Office of Joint Economic Commission
    Virgin Islands, government of (includingVirgin Islands Port Authority)
    Washington Metropolitan Area Transit Authority (METRO)

    * as cost-reimbursement contractors.

     

    Appendix C. 1 International Organizations

    The following have been determined to be eligible to use GSA sources of supply and services, in addition to the organizations listed in appendixes A and B.  This list is not all-inclusive; other activities may also be eligible to use GSA sources.  Also, as stated in par. 7e.(3), certain entities may be eligible to use only specific GSA sources and/or services.  GSA will rule upon the eligibility of activities on a case-by-case basis in response to requests received (see par. 11).

    African Development Fund
    American Red Cross
    Asian Development Bank
    Caribbean Organization
    Counterpart Foundation, Inc.
    Customs Cooperation Council
    European Space Research Organization
    Food and Agriculture Organization of the United Nations
    Great Lakes Fishery Commission
    Inter-American Defense Board
    Inter-American Development Bank
    Inter-American Institute of Agriculture Sciences
    Inter-American Investment Corporation
    Inter-American Statistical Institute
    Inter-American Tropical Tuna Commission
    Intergovernmental Maritime Consultive Organization
    Intergovernmental Committee for European Migration
    International Atomic Energy Agency
    International Bank of Reconstruction and Development (WORLD BANK)
    International Boundary Commission-United States and Canada
    International Boundary and Water Commission-United States and Mexico
    International Center for Settlement of Investment Disputes
    International Civil Aviation Organization
    International Coffee Organization
    International Cotton Advisory Committee
    International Development Association
    International Fertilizer Development Center
    International Finance Corporation
    International Hydrographic Bureau
    International Institute for Cotton
    International Joint Commission-United States and Canada
    International Labor Organization
    International Maritime Satellite Organization
    International Monetary Fund
    International Pacific Halibut Commission
    International Pacific Salmon Fisheries Commission-Canada
    International Secretariat for Volunteer Services
    International Telecommunications Satellite Organization
    International Telecommunications Union
    International Wheat Council
    Lake Ontario Claims Tribunal
    Multinational Force and Observers
    Multinational Investment Guarantee Agency (MIGA)
    North American Treaty Organization (NATO)
    Organization of African Unity
    Organization of American States
    Organization for Economic Cooperation and Development
    Pan American Health Organization
    Radio Technical Commission for Aeronautics
    South Pacific Commission
    United International Bureau for the Protection of Intellectual Property
    United Nations
    United Nations Educational, Scientific, and Cultural Organization
    Universal Postal Union
    World Health Organization
    World Intellectual Property Organization
    World Meteorological Organization
    World Tourism Organization