From: ray.holmes@gsa.gov [mailto:ray.holmes@gsa.gov]
Sent: Thursday, July 21, 2005 12:38 PM
To: joanne douglas
Cc: david.drabkin@gsa.gov; emily.murphy@gsa.gov; joseph.neurauter@gsa.gov; kelly.gillin@gsa.gov
Subject: GSA Eligibility

MS. Douglas:

This email is in response to your inquiry regarding the eligibility of municipalities (the City of New Britain, Connecticut) to access General Services Administration (GSA) supply sources.  Pursuant to 40 U.S.C. Sec. 502 (former Sec. 201(b) of the Federal Property and Administrative Services Act of 1949), GSA may make its agency's sources of supply available to Federal agencies, mixed-ownership Government corporations (see 31 U.S.C. Sec. 9101), and the District of Columbia , upon request.  Additionally, GSA may provide access to GSA sources of supply to a qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Government under the Javits-Wagner-O'Day Act, See 40 U.S.C. Sec. 502(b).  As a general rule, when GSA is unable to extend this agency's sources of supply to a requesting entity based on 40 U.S.C. Sec. 502, GSA reviews other relevant statutes to determine if the organization is authorized based on other authority.

As you can see from the text above, specific authority is needed to access GSA supply sources.  Please be aware that since this specific authority is not afforded to state and local governments via 40 U.S.C. Sec. 502, GSA has taken the position that except in limited circumstances, state and local governments are not eligible to access GSA supply sources.  Please note that these limited circumstances have resulted from reviews of other relevant statutes that specifically authorize access to GSA supply sources.  Currently, the exceptions to the general rule are the purchase of law enforcement equipment suitable for counter-drug activities the Department of Defense pursuant to 10 U.S.C. Sec. 381, wildfire suppression equipment through cooperative agreements with authorized Federal agencies (see e.g., 16 U.S.C. Sec. 580a), and the ability of state and local governments to purchase automatic data processing equipment, software, supplies, and support equipment (i.e. "Schedule 70"), pursuant to Sec. 211 of the Electronic Government Act, HR 2458 (2002).  See 40 U.S.C. Sec. 502(c).

I hope this answers your question; however, if you have further inquiries or concerns with respect to this matter, please don't hesitate to contact me at 202.219.4301.  Thank you Ms Douglas and have a nice day.

Ray Holmes
Program Analyst
Office of the Chief Acquisition Officer