48 CFR § 538.7003 - 538.7003 Non-Federal entity requirements.

---
identifier: "/us/cfr/t48/s538.7003"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 538.7003 - 538.7003   Non-Federal entity requirements."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "538.7003"
section_name: "538.7003   Non-Federal entity requirements."
chapter_number: 5
chapter_name: "GENERAL SERVICES ADMINISTRATION"
subchapter_number: "F"
subchapter_name: "SPECIAL CATEGORIES OF CONTRACTING"
part_number: "538"
part_name: "FEDERAL SUPPLY SCHEDULE CONTRACTING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "40 U.S.C. 121(c)."
regulatory_source: "64 FR 37227, July 9, 1999, unless otherwise noted."
cfr_part: "538"
---


# 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) 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.