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RESOLUTION NO. R23-36
A RESOLUTION OF THE COUNCIL OF THE CITY OF
GLENDALE,
MARICOPA
COUNTY,
ARIZONA,
AUTHORIZING
AND
DIRECTING
THE
CITY’S
PARTICIPATION
IN
THE
U.S.
GENERAL
SERVICES
ADMINISTRATION PURCHASING PROGRAM FOR THE
PURPOSE OF MAKING COOPERATIVE PURCHASES.
WHEREAS, the U.S. General Services Administration (GSA) is able to support the
procurement needs of eligible state, local, territorial, and tribal governments, including
instrumentalities as well as other eligible non-Federal entities.
WHEREAS, the City is an eligible entity and believes purchases made through GSA
programs for Innovation Technology, Public Safety, and others GSA programs will yield better
results and lower costs to the City.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That it is deemed in the best interest of the City of Glendale and the
citizens thereof to authorize the City’s participation in U.S. General Services Administration
purchasing programs for the purposes of making cooperative purchases in accordance with OGP
4800.2I Eligibility to Use GSA Sources of Supply and Services as Exhibit A. The City of
Glendale shall follow the State of Arizona Standard Procedure No. 041 attached hereto as
Exhibit B when purchasing materials and services from GSA.
SECTION 2. That the Materials Manager, as designated by the City Manager and
Chapter 2, Article 5, Section 2-149 of the City Code, is authorized and directed to execute and
deliver any and all documents necessary to effectuate the City of Glendale’s participation in the
cooperative purchasing service agreement with the U.S. General Services Administration.
SECTION 3.
That the City’s purchases under the U.S. General Services Administration
programs are accomplished through the issuance of purchase orders rather than contracts or
agreements. Council shall retain the authority to approve any purchase orders valued greater than
$50,000 by subsequent legislative actions.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 23rd day of May, 2023.
(Signatures on the following page)
2
_____________________________
Mayor Jerry P. Weiers
ATTEST:
____________________________________
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
____________________________
Michael D. Bailey, City Attorney
REVIEWED BY:
____________________________
Kevin R. Phelps, City Manager
GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
OGP 4800.2I
July 19, 2016
GSA ORDER
SUBJECT: Eligibility to Use GSA Sources of Supply and Services
1.
Purpose. This Order provides definitions and listings of agencies and organizations
authorized to use General Services Administration (GSA) sources of supply and
services. It also provides definitive guidelines concerning eligibility requirements.
2.
Cancellation. ADM 4800.2H is canceled.
3. Background. 40 U.S.C. §§ 501 - 502 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 31 U.S.C. § 9101, the District of Columbia,
qualified nonprofit agencies for the blind or other severely handicapped individuals 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. 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.
4. Nature of revision. To reflect statutory and administrative changes and to 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 Program, 101-
39--Interagency Fleet Management Systems (GSA Fleet), 41 CFR Part 101-42,
Disposition of Personal Property with Special Handling Requirements, the Federal
Management Regulation (FMR), 41 CFR Parts 102-35 through 102-42 --Utilization and
Disposal Programs, 102-117--Transportation Management, and the Federal Travel
Regulation (FTR), 41 CFR Part 301-73 -- Travel 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 or regulation (see paragraph 7).
OGP 4800.2I
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7. Eligible activities. Organizations are eligible to use GSA sources of supply and
services pursuant to 40 U.S.C. §§ 501 - 502 or other statutory authority; however, some
organizations may be eligible to use only specific GSA sources of supply or services. In
addition, although an organization may be eligible to use GSA sources of supply,
particular sources may not be accessible due to limits of supply sources or geographical
constraints. For example, in the case of GSA Fleet, it may not be practical for GSA to
make certain sources of supply available. In addition, the terms of a specific contract
may not permit participation by otherwise eligible organizations.
a. Executive agencies. 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:
(1) Executive departments. Cabinet departments are defined in 5 U.S.C. § 101
and are listed in Appendix A.
(2) Wholly owned Government corporations. Corporations wholly owned by the
Government are defined in 31 U.S.C. § 9101(3). To the extent that GSA has determined
that wholly owned Government corporations not defined in 31 U.S.C. § 9101(3) are
eligible to use GSA sources of supply and services, such determinations are listed in
Appendix A.
(3) Independent establishments in the executive branch of the Government.
Independent establishments in the Executive branch 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 included in Appendix A.
b. Other Federal agencies, mixed-ownership Government corporations, the District
of Columbia, qualified nonprofit agencies for the blind or other severely handicapped
individuals 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. 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.
(1) Other Federal agencies. These are Federal agencies as defined in 40 U.S.C.
§ 102(5) that are not in the executive branch of the Government, i.e., any establishment
in the legislative or judicial branch of the Government. However, the Senate, the House
OGP 4800.2I
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3
of Representatives, and the Architect of the Capitol and any activities under his direction
are not Federal Agencies for purposes of this definition (see ¶ 7.c below). To the extent
that GSA has made such determinations, the organizations qualifying under this
authority are listed in Appendix B.
(2) Mixed-ownership Government corporations. These are identified in 31
U.S.C. § 9101(2). To the extent that GSA has determined that mixed-ownership
Government corporations not defined in 31 U.S.C. § 9101(2) are eligible to use GSA
sources of supply and services, such determinations are listed in Appendix B.
(3) District of Columbia. The Government of the District of Columbia is eligible to
use GSA sources of supply and services pursuant to 40 U.S.C. § 502(a)(3) and 40
U.S.C. § 602(c), the latter pertaining to GSA Fleet motor vehicles and related 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 Appendix 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 40 U.S.C. § 113(d) upon request. To the extent that GSA has
made such determinations, the organizations qualifying under this authority are listed in
Appendix B.
d. 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.
(1) 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. 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 Program contract airfares.
(2) 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
OGP 4800.2I
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4
approved by the Administrator at the request of the agency involved. 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 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.
(4) 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). The current interagency agreement between GSA and the United States
Department of Agriculture, Forest Service that enables purchasing based on these
statutory authorities is identified as FAS No. FM-IA-06-002, December 27, 2006.
Note: GSA transferred product management and sourcing responsibility to the Defense
Logistics Agency in 2014 (i.e., "Fire Program supplies") for approximately 300 National
Stock Number products; however, eligible non-Federal firefighting organizations
covered by the above-referenced statutes may continue to purchase through GSA for
wildfire suppression equipment or supplies still under the Agency’s purview.
(5) Tribes and tribal organizations.
(a) The Indian Self-Determination and Education Assistance Act (ISDEAA).
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 (See 25 U.S.C. §
450j(k). Additionally, each Indian tribe or tribally designated housing entity and each
employee of the Indian tribe or tribally designated housing entity shall have access to
sources of supply on the same basis as employees of an executive agency. If the self-
determination contract contains a provision authorizing interagency motor pool 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 (See 25 U.S.C. § 450l). 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.
(b) The Native American Housing Assistance and Self-Determination Act
(NAHASDA). As provided in section 101 of Pub. L. 110-411 (the Native American
Housing Assistance and Self-Determination Reauthorization Act of 2008), for purposes
OGP 4800.2I
July 19, 2016
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of 40 U.S.C. § 501, each Indian tribe or tribally designated housing entity shall be
considered to be an executive agency in carrying out a program, service, or other
activity under a block grant pursuant to NAHASDA; and each tribe or tribally designated
housing entity shall have access to sources of supply on the same basis as employees
of an executive agency (see 25 U.S.C. § 4111 (j)). Authorization to use GSA sources of
supply under the authority cited in this paragraph does not include purchases for resale
unless the block grant authorizes such activity. Information on the authority for resale
must be provided to GSA, and based on that information, GSA must concur.
(6) Use of Certain Federal supply schedules by state and local Governments.
State and local governments have access to GSA sources of supply, as detailed below.
State or local government, defined at 40 U.S.C.§ 502(c)(3), 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.
(a) 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.
(b) Disaster Purchasing Program. As provided in 40 U.S.C. § 502(d), the
Administrator may provide for the use of Federal Supply Schedules by state or 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, to facilitate disaster preparedness or response,
or to facilitate recovery from terrorism, or nuclear, biological, chemical, or radiological
attack.
(c) 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.
(d) 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 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.
(7) The American National Red Cross. As provided for in section 2 of Pub. L.
111-263, the Federal Supply Schedules Usage Act of 2010, codified at 40 U.S.C. §
502(e), 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
OGP 4800.2I
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use Federal Supply Schedules under the authority cited in this paragraph does not
include purchases for resale.
(8) Other Qualified Organizations. Under the Federal Supply Schedules Usage
Act of 2010, 40 U.S.C. § 502(e), the Administrator may provide for the use by other
qualified organizations, to include the National Voluntary Organizations Active in
Disaster (NVOAD), of Federal Supply Schedules. Purchases under this authority by
other qualified organizations shall be used in furtherance of purposes determined to be
appropriate to facilitate emergency preparedness and disaster relief and set forth in
guidance by the Administrator of General Services, in consultation with the
Administrator of the Federal Emergency Management Agency. This authority may not
be used to purchase supplies for resale. The term “qualified organization” means a relief
or disaster assistance organization as described in section 309 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5152).
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 Appendix B or Appendix C, as appropriate. The major categories of such
organizations include:
(1) Certain institutions. The following activities are eligible to use GSA sources of
supply and services and are listed in Appendix B:
(a) Howard University (20 U.S.C. § 130)
(b) Gallaudet College [University] (20 U.S.C. § 4362)
(c) National Institute for the Deaf (20 U.S.C. § 4362) and
(d) American Printing House for the Blind (20 U.S.C. § 106).
(2) Governments authorized under 48 U.S.C. § 1469e. As provided in 48 U.S.C.
§1469e, the governments of the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and the United States
Virgin Islands are eligible to use GSA sources of supply and services. These
governments are listed in Appendix B.
(3) 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 relevant
Section 607 determinations under the FAA to the U.S. Agency for International
Development (USAID). Entities determined eligible under this authority are listed in
Appendix C. Purchases are limited to those for civilian use only.
OGP 4800.2I
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(4) Non-appropriated fund activities. FPMR 101-26.000 provides that certain
civilian and 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.
8. 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, or in accordance with paragraph 7.d(6)(d) above regarding state and local
governments expending Federal grant funds in response to Public Health Emergencies,
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.
9. 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.
10. 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.
11. 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
by mail to the U.S. General Services Administration, Office of Government-wide Policy,
Office of Acquisition Policy (MV), 1800 F St. NW, Suite 2200, Washington, DC 20405,
or by email to spe.request@gsa.gov. 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.
OGP 4800.2I
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Additional organizations, upon an affirmative determination of eligibility, may be posted
to the appropriate appendix of the GSA Order.
12. Signature.
/S/________________________________
TROY CRIBB
Associate Administrator
Office of Government-wide Policy