Section 538.7003 - Non-Federal entity requirementsOnly non-Federal entities that are eligible may use FSS contracts. Use of FSS contracts by eligible non-Federal entities is voluntary. The following requirements apply to eligible non-Federal entities who decide to use FSS contracts:
(a) FSS contractors are not obligated to accept orders or enter into blanket purchase agreements; however, they are encouraged to do so.(b) Purchases cannot be made for personal use.(c) Purchases cannot be for resale, unless specifically authorized.(d) At a minimum, purchases shall comply with-(2) Any conditions of the underlying authority(ies) supporting the use of FSS contracts (e.g., 40 U.S.C. 502(c) limits purchases to specific supplies and services available under the FSS program).(e) An eligible non-Federal entity's eligibility cannot be transferred to a third party (e.g., a subcontractor) or successor entity.81 FR 36430, 7/6/2016; 86 FR 68443, 1/3/2022; 89 FR 13284, 3/25/2024