GENERAL SERVICES ADMINISTRATION
SUBJECT. Eligibility to use GSA sources of supply and services.
1. Purpose. This order provides definitions and listings of those agencies and other activities authorized to use GSA sources of supply and services. It also provides definitive guidelines concerning eligibility requirements.
2. Cancellation. ADM 4800.2C is canceled.
3. Background. The Federal Property and Administrative Service Act of 1949, as amended, authorizes the Administrator to procure and supply personal property and nonpersonal services for the use of executive agencies, mixed-ownership Government corporations, as identified in the Government Corporation Control Art, and the District of Columbia. Other organizations may be eligible by reason of enabling statutory authority.
4. Nature of revision. This revision updates 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, 101-39-Interagency Fleet Management Systems, 101-40-Transportation and Traffic Management, 101-43 thru 101-46, 101-48, and 101-49, Utilization and Disposal Programs, and in the Federal Information Resources Management Regulation (FIRMR), 41 CFR Part 201-32 for ADP and 41 CFR Part 201-40 for telecommunications, and in the Federal Travel Regulation, 41 CFR Part 301-15, Travel Management Programs.
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), regulation, and the specific terms of certain contracts.
7. Eligible activities. Organizations eligible to use GSA sources of supply and services are covered by the provisions of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the Property Act. Definitions of the organizations follow. It is noted, however, that although an organization may be eligible to use these sources, it does not necessarily mean that resources or assets are available, especially in the case of the Interagency Fleet Management System, or that it would always be practical for GSA to make such sources available, or further still, that all contracts allow participation by non-Federal organizations. Also, certain entities may be eligible to use only specific GSA sources and/or services.
a. Executive agencies. Subsections 201 (a).and 21 1 (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, include:
(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 and the District Columbia. Subsections 201 (b) and 211 (b) of the Property Act authorize, the Administrator of General Services to provide GSA sources of supply and services to these organizations upon request.
(1) Other Federal agencies. These are Federal agencies defined in subsection 3(b) of the Property Act that are not in the executive branch; 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 qualify under this authority are listed in App. B.
(2) Mixed-ownership Government Corporations. These are included in 31 U.S.C. 9101. They are listed in App. 8.
(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 by GSA to be eligible to use its Sources of supply and services, are listed in App. B.
c. The Senate, 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 (and subcontractors) as properly authorized. Part 51 .,of the Federal Acquisition Regulation (FAR) provides that agencies may authorize certain contractors (generally cost-reimbursement contractors) to use GSA schedules, GSA stock, and GSA Contract travel and transportation services. In each case, the written authorization must conform to the requirements of FAR Part 51, Use of Government Sources by Contractors. Subpart 51.2 prescribes policies and procedures governing Federal agencies in authorizing cost-reimbursement contractors to obtain interagency fleet management system vehicles and related services. The eligibility of agency authorized cost-reimbursement contractors to obtain Government Contract air/rail fares is limited to the city-pair routes of contract carriers that have agreed to furnish the GSA contract fare to such contractors. Regulations governing the use of contact air/rail passenger service by cost-reimbursement contractors are found at 41 CFR Part 301-15, Subpart 6, specifically, section 301-15.24(h). GSA contracts for other travel related services; e.g., travel management services or contractor-issued charge cards, generally do not include cost reimbursement contractors.
(2) Fixed-price contractors (and subcontractors) purchasing security equipment. Under subsection 201 of the Property Act, 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 regarding these organizations are set forth in FPMR 101-26.507 and 101 -26.407.
(3) 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).
(4) Department of the Interior, Bureau of Indian Affairs. Under a Memorandum of Understanding between the Department of the interior and the General Services Administration (FSS-83-3) and Pub. L. 93-638, tribal Government grantees of the Bureau of Indian Affairs may use GSA sources of supply and services.
e. Other Statutes. Other statutes authorize specific organizations to use GSA sources of supply and services. These organizations are listed in app. B, with appropriate annotations. The major categories of such organizations include:
(1) Certain charitable institutions. Pursuant to Pub. L. 95-355, the following activities are eligible to use GSA supply sources and are also listed in App. B:
(a) Howard University;
(2) Certain territories. Pursuant to Pub. L. 102-247, certain territories of the United States, as indicated in app. 8, are eligible to use GSA sources of supply and services. (48 U.S.C. 1469e)
(3) Foreign entities. Section 607 of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2357, provides that the President may authorize certain countries and organizations to use GSA sources of supply and services as part of the foreign policy of the United States. To the extent that the Department of State has made determinations on behalf of the President, they are included in App. C. Purchases made by international organizations through GSA sources of supply and services must be for civilian use only.
(4) Nonappropriated fund activities. FPMR 101-26.000 provides that military commissaries and nonappropriated 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. Organizations seeking to use GSA sources of supply and services for travel/ transportation must obtain a separate determination. This is necessary to determine whether or not the requesting entity is eligible under the language of the specific contract for the service being requested; i.e., travel management services, travel and transportation payment and expense control system (including contractor-issued charge cards for official travel), and/or air/rail passenger transportation.
10. Excess, surplus, and forfeited property. The eligibility of activities and organizations to obtain supplies and services from GSA's personal property utilization and disposal programs is governed by FPMR Parts 101-43 thru 101-46, 101-48, and 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. Requests to use these services received from activities or organizations whose eligibility is in question must be forwarded to the Office of the Controller, Attention: Regulations Management Staff (FPR), for determination.
RICHARD G. AUSTIN