---
kind: "section"
citation: "48 C.F.R. § 538.7003"
title: "48"
number: "538.7003"
heading: "Non-Federal entity requirements."
url: "https://uscodex.org/cfr/48/538.7003"
---

# §538.7003. Non-Federal entity requirements.


Only 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—
  - (1) **FSS ordering guidance.** Information about GSA's FSS contracts, including ordering guidance is available at https://www.gsa.gov/schedules; and
  - (2) Any conditions of the underlying authority(ies) supporting the use of FSS contracts (e.g., [40 U.S.C. 502(c)](/usc/40/502.md?p=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.

## Notes

### Source

Source: 89 FR 13284, Feb. 22, 2024, unless otherwise noted.

### Authority

Authority: 40 U.S.C. 121(c).

### Source

Source: 64 FR 37227, July 9, 1999, unless otherwise noted.