The General Services Administration (GSA) has recently issued a final rule amending the General Services Administration Acquisition Regulation (GSAR) to update and clarify the requirements for the use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as state and local governments. This rule aims to enhance the clarity of the requirements, incorporate key authorities, and make administrative changes to support the use of FSS contracts by these entities.

The FSS program, also known as the GSA Schedule or Multiple Award Schedule (MAS), is a long-term government-wide contract with commercial companies that provide access to millions of commercial products and services at fair and reasonable prices to the Federal Government and other authorized ordering activities. The recent amendments to GSAR subpart 538.70, which prescribes the policies and procedures for the use of FSS contracts by non-Federal entities, are expected to benefit the FSS program by providing clearer guidelines for eligible non-Federal entities and FSS contractors.

The rule updates and clarifies GSAR subpart 538.70 by making administrative changes due to changes in some underlying authorities supporting the use of FSS contracts by eligible non-Federal entities. It also updates and clarifies existing requirements, adds additional key authorities that support such use, and makes technical corrections to enhance the clarity of existing requirements.

The expected impact of the rule is positive for the FSS program as a whole. It provides visibility into the resources and authorities available to eligible non-Federal entities interested in using FSS contracts. Additionally, it clarifies the requirements for FSS contractors interested in doing business with eligible non-Federal entities under their FSS contract. These changes do not alter the manner in which FSS contractors conduct business or how eligible non-Federal entities may access and use FSS contracts. Instead, the rule updates and clarifies requirements currently in use in the FSS program, such as updating and clarifying existing statutory, regulatory, and other authorities that enable eligible non-Federal entities to use FSS contracts.

Overall, the amendments to the GSAR are expected to streamline the process for eligible non-Federal entities to access and utilize FSS contracts, thereby enhancing the efficiency and effectiveness of the FSS program. This rule is a step forward in ensuring that the benefits of the FSS program are extended to a broader range of users, including state and local governments, in a clear and consistent manner.