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33. Both Viasat and Kepler opposed 

Kuiper’s petition, arguing that Kuiper’s 

proposed rule would undermine the 

incentive for an operator to engage in 

the type of inter-system coordination 

anticipated by the 2020 Orbital Debris 

Order and in essence create a first-come, 

first-serve priority system for orbital 

regions in LEO, which would advantage 

the largest, most established satellite 

operators, and potentially lead to a 

monopolization of certain sections of 

LEO. Viasat also stated that Kuiper has 

not established that an orbital overlap 

rule is necessary to promote space 

safety, and that there are alternative 

approaches the Commission could 

consider. 

34. The Commission continues to take 

space safety issues seriously, and the 

2020 Orbital Debris Order recognized 

that issues may arise with respect to 

large NGSO systems, and the orbits at 

which they operate. Notably, the 2020 

Orbital Debris Order advises that 

applicants for large systems may be 

asked to provide specific information 

about their planned orbital variance as 

well as how their system operations 

would accommodate other spacecraft 

traveling through or operating in the 

same region. While Kuiper supported its 

petition with the ‘‘new’’ fact that 

applications for large NGSO systems 

with competing orbits have been filed 

since adoption of the 2020 Orbital 

Debris Order, the Commission found 

that this circumstance alone is not 

sufficient justification for it to revisit its 

decision to allow in the first instance 

parties to work on an inter-operator 

coordination agreement. At the time the 

Commission adopted its 2020 Orbital 

Debris Order it had already considered 

that parties may want to use similar 

orbits, but it also found that interoperator coordination could resolve any 

space safety concerns, and no party has 

introduced evidence that any such 

concerns remain unresolved. The 

Commission has continued to monitor 

the situation since adoption of the 2020 

Orbital Debris Order and continues to 

believe that the best solution for 

maintaining space safety is for operators 

to have the flexibility to coordinate in 

a manner that works best for their 

situation, rather than have the 

Commission dictate how that 

coordination should proceed. In 

addition, the Commission reviews 

closely applications for new licenses or 

modifications that may raise 

overlapping orbital shell issues and 

works with the applicants and other 

interested parties to ensure that either 

coordination has occurred to minimize 

space safety issues, or changes are made 

to the proposed operating parameters to 

address any remaining concerns. The 

Commission will continue to monitor 

the overall orbital separation 

environment, and to the extent it sees a 

breakdown in the coordination process 

or other space safety issues, it will 

consider at that time whether new 

general rules are needed to either 

improve the coordination process or 

address space safety concerns. 

Accordingly, the Commission declined 

to establish an orbital separation 

requirement, including for large NGSO 

constellations. 

IV. Ordering Clauses 

35. Accordingly, it is ordered, 

pursuant to 47 U.S.C. 151, 154(i), 154(j), 

405, and 47 CFR 1.429(b) that the 

petitions for reconsideration filed by 

Boeing, EchoStar, Hughes, Planet, Spire, 

Telesat, SpaceX, and Kuiper in IB 

Docket No. 18–313, are denied. 

36. It is further ordered that the 

Orbital Debris Reconsideration Order 

shall be effective upon publication in 

the Federal Register. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–03506 Filed 2–21–24; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 538 and 552 

[GSAR Case 2020–G511; Docket No. GSA– 

GSAR–2023–0019; Sequence No. 1] 

RIN 3090–AK21 

General Services Administration 

Acquisition Regulation; Updated 

Guidance for Non-Federal Entities 

Access to Federal Supply Schedules 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: GSA is issuing this final rule 

amending the General Services 

Administration Acquisition Regulation 

(GSAR) to update and clarify the 

requirements for use of Federal Supply 

Schedule (FSS) contracts by eligible 

non-Federal entities, such as State and 

local governments. 

DATES: Effective March 25, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Thomas O’Linn, Procurement Analyst, 

at gsarpolicy@gsa.gov or 202–445–0390. 

For information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 

GSARegSec@gsa.gov or 202–501–4755. 

Please cite GSAR Case 2020–G511. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the General 

Services Administration Acquisition 

Regulation (GSAR) to update and clarify 

the requirements for use of Federal 

Supply Schedule (FSS) contracts by 

eligible non-Federal entities, such as 

State and local governments. GSA 

published a proposed rule at 88 FR 

63892 on September 18, 2023. 

GSA conducts routine reviews of its 

acquisition regulations. Routine review 

of the GSAR, as well as feedback from 

GSA’s operational offices, prompted this 

change. The review indicated a need to 

update and clarify GSAR subpart 

538.70, Purchasing by Non-Federal 

Entities. 

GSAR subpart 538.70 prescribes the 

policies and procedures that implement 

statutory, regulatory, and other 

provisions that authorize eligible nonFederal entities (e.g., State or local 

governments as defined in 40. U.S.C. 

502(c)(3)) use of Federal Supply 

Schedule (FSS) contracts. 

The GSA Schedule, also known as 

FSS, and Multiple Award Schedule 

(MAS), is a long-term governmentwide 

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. 

This rule updates and clarifies GSAR 

subpart 538.70, which supports use of 

FSS contracts by eligible non-Federal 

entities. This subpart is being revised to 

make administrative changes due to 

changes in some of the underlying 

authorities supporting use of FSS 

contracts by eligible non-Federal 

entities. This rule also updates and 

clarifies existing requirements 

supporting use of FSS contracts by 

eligible non-Federal entities, adds 

additional key authorities that support 

such use, and makes additional 

technical corrections to enhance clarity 

of existing requirements. 

II. Discussion and Analysis 

A. Analysis of Public Comments 

GSA provided the public a 60-day 

comment period (September 18, 2023, to 

November 17, 2023). There were no 

public comments submitted in response 

to the proposed rule. Minor changes 

were made from the proposed rule to 

the final rule. 


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B. Summary of Minor Changes 

The following are the minor changes 

made from the proposed rule to the final 

rule: 

1. Section 538.273 FSS solicitation 

provisions and contract clauses. GSAR 

clause 552.238–117, Price Adjustment— 

Failure to Provide Accurate Information, 

did not exist at the time of the proposed 

rule (i.e., this clause went into effect 

October 12, 2023, see 88 FR 62473, 

September 12, 2023), thus was not 

captured in the proposed rule 

amendatory text. This GSAR clause is 

currently prescribed in 538.273(d)(37). 

The final rule includes the 

redesignation of this clause from 

paragraph (d)(37) to paragraph (d)(39). 

This change ensures the clauses listed 

in paragraph (d) of GSAR section 

538.273 remain in numerical order. 

2. Section 538.7001 Definitions. The 

definition of Preparedness was revised 

as follows: FROM ‘‘from disaster.’’ TO 

‘‘from a disaster.’’ This change ensures 

clarity of the intent of the requirement. 

3. Section 538.7002–6 Indian SelfDetermination and Education 

Assistance Act (ISDEAA) and section 

552.238–113 Authorities Supporting 

Use of Federal Supply Schedule 

Contracts. The citation to 25 U.S.C. 5324 

was revised to read as 25 U.S.C. 5324(k). 

This change provides the proper citation 

to the authority. 

4. Section 538.7002–7 Native 

American Housing Assistance and Self 

Determination Act (NAHASDA) and 

section 552.238–113 Authorities 

Supporting Use of Federal Supply 

Schedule Contracts. The citation to 25 

U.S.C. 4111 was revised to read as 25 

U.S.C. 4111(j). This change provides the 

proper citation to the authority. 

5. Section 552.238–113 Authorities 

Supporting Use of Federal Supply 

Schedule Contracts. Paragraph (a)(10) of 

the clause was revised to read as: ‘‘(10) 

40 U.S.C. 502(c), which provides for the 

use by State or local governments, as 

defined in 40 U.S.C. 502(c)(3)(A), for the 

purpose of purchasing the types of 

supplies and services described in 40 

U.S.C. 502(c). The types of supplies and 

services described in 40 U.S.C. 502(c) 

are limited to those available in the 

Information Technology Category and 

the Security and Protection Category (or 

any successor categories). The GSA 

program implementing this authority is 

the Cooperative Purchasing program.’’ 

This change integrates the text that was 

originally identified as (a)(10)(i) into 

paragraph (10), thereby eliminating the 

need for paragraph (a)(10)(i). No 

changes to the text were made. 

III. Expected Impact of the Rule 

GSA believes that these changes 

benefit the FSS program as a whole. For 

example, these changes provide 

visibility into the resources and 

authorities available to eligible nonFederal entities who may be interested 

in using FSS contracts. Additionally, 

these changes clarify 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 the FSS contractors conduct 

business, or the manner in which 

eligible non-Federal entities may access 

and use FSS contracts. The rule merely 

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 nonFederal entities use of FSS contracts. 

GSA assumes these changes will have a 

positive impact on the FSS program as 

a whole, including FSS contractors and 

eligible non-Federal entities. 

The qualitative anticipated benefits 

include, but are not limited to, removal 

of outdated and redundant information; 

clarification of the requirements 

supporting use of FSS contracts by 

eligible non-Federal entities; 

clarification of the authorities providing 

use of FSS contracts by eligible nonFederal entities (e.g., adding the 

authority provided by the Indian SelfDetermination and Education 

Assistance Act that allows Tribal 

organizations and Indian Tribes to use 

FSS contracts under certain conditions); 

identification of some of the programs 

created for purpose of implementing 

some of these authorities (e.g., GSA’s 

Disaster Purchasing program which 

implements 40 U.S.C. 502(d)); 

clarification on who is and who is not 

considered eligible to use FSS contracts 

(i.e., providing a definition for ‘eligible’ 

and ‘non-Federal entity’); and inclusion 

of hyperlinks to resources that provide 

additional information about eligibility 

and use of FSS contracts (e.g., https:// 

www.gsa.gov/eligibilitydeterminations 

includes a list that FSS contractors can 

use to verify an entity’s eligibility). 

Due to these benefits, GSA estimates 

the following annual reduction in 

burden due to the proposed 

clarifications: GSA estimates it takes 3 

hours for FSS contractors to familiarize 

(read and understand the applicable 

GSAR requirements of this proposed 

rule) themselves with the regulations. 

Therefore, for FSS contractors: 

Prior to the revisions: the current 

estimated total cost is 3 hours * $61.29 

(GS–12 Step 5 base pay plus ‘‘Rest of US 

Locality Pay’’ plus ‘‘Fringe’’) * 13,000 

approximate number of current FSS 

contractors = $2,390,310.00. 

After the revisions: the estimated total 

cost is 2.5 hours * $61.29 (GS–12 Step 

5 base pay plus ‘‘Rest of US Locality 

Pay’’ plus ‘‘Fringe’’) * 13,000 

approximate number of current FSS 

contractors = $2,191,117.50. 

Resulting in a reduction in burden of 

$199,192.50. 

IV. Executive Order 12866, 13563 and 

14094 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 14094 (Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in E.O. 

12866 and E.O. 13563. OIRA has 

determined this rule is not a significant 

regulatory action and, therefore, is not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. The General Services 

Administration will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. OIRA has determined 

this rule is not a ‘‘major rule’’ under 5 

U.S.C. 804(2). 

VI. Regulatory Flexibility Act 

GSA does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because this rule is to: (1) update and 


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clarify existing requirements supporting 

use of FSS contracts by eligible nonFederal entities; (2) clarify GSAR clause 

requirements (e.g. rename clauses, 

remove redundant or duplicative 

information); (3) reflect changes based 

on some of the underlying authorities 

that provide eligible non-Federal 

entities use of FSS contracts; (4) add 

additional authorities that support such 

use; and (5) include hyperlinks to 

resources that provide information 

about eligibility and use of FSS 

contracts. 

The purpose of the changed text 

remains the same, and therefore any 

burden would have been identified 

previously. Additionally, participation 

by both FSS contractors and eligible 

non-Federal entities remains voluntary. 

There were no comments submitted 

and therefore no significant issues 

raised by the public in response to the 

Initial Regulatory Flexibility Analysis. 

However, a Final Regulatory Flexibility 

Analysis (FRFA) has been prepared 

consistent with 5 U.S.C. 603. The 

analysis is summarized as follows: 

The objective of the rule is to revise GSAR 

subpart 538.70 in its entirety in an effort to: 

(1) update and clarify existing requirements 

supporting use of FSS contracts by eligible 

non-Federal entities; (2) clarify GSAR clause 

requirements (e.g. rename clauses, remove 

redundant or duplicative information); (3) 

reflect changes based on some of the 

underlying authorities that provide eligible 

non-Federal entities use of FSS contracts; (4) 

add additional authorities that support such 

use; and (5) include hyperlinks to resources 

that provide information about eligibility and 

use of FSS contracts. 

Title 40 of the United States Code (U.S.C.) 

Section 121 authorizes GSA to issue 

regulations, including the GSAR, to control 

the relationship between GSA and 

contractors. In addition, 41 U.S.C. 152 

provides GSA authority over the FSS 

program. 

The rule applies to both large and small 

businesses, which are awarded FSS contracts 

and decide to do business with eligible nonFederal entities who decide to use FSS 

contracts (i.e., participation by all parties is 

voluntary). 

Information obtained from the FSS 

program was used as the basis for estimating 

the number of FSS contractors that the rule 

may apply. For fiscal year 2022, 

approximately 12,000 GSA FSS contractors 

reported over $780 million in sales to eligible 

non-Federal entities. Of the number of FSS 

contractors that did business with eligible 

non-Federal entities approximately 10,700 

(89 percent) were small business FSS 

contractors. 

It is anticipated that these changes will 

increase awareness of the authorities that 

allow eligible non-Federal entities use of FSS 

contracts as well as the resources available. 

It is anticipated that these changes will 

clarify the requirements for FSS contractors 

choosing to do business with eligible nonFederal entities under their FSS contracts. 

Altogether, GSA assumes these changes will 

have a positive impact on the FSS program 

as a whole, including FSS contractors and 

eligible non-Federal entities. 

The rule does not implement new or 

change reporting, recordkeeping, or other 

compliance requirements for FSS contracts. 

The rule merely updates and clarifies 

existing FSS requirements, such as updating 

and clarifying existing statutory, regulatory, 

and other authorities that enable eligible nonFederal entities use of FSS contracts. This 

rule does not implement new or changed 

requirements. 

The rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

There are no known alternatives to this 

rule which would accomplish the stated 

objectives. This rule does not initiate or 

impose any new administrative or 

performance requirements on small business 

contractors because the policies and 

procedures prescribed in existing FSS 

clauses are already being followed. The rule 

merely updates and clarifies existing 

statutory, regulatory, and other authorities 

related to the use of FSS contracts by nonFederal entities. 

The Regulatory Secretariat will be 

submitting a copy of the FRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. A copy of the 

FRFA may be obtained from the 

Regulatory Secretariat Division. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

GSAR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget 

(OMB) under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 538 and 

532 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA amends 48 CFR parts 

538 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 538 and 552 continues to read as 

follows: 

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

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

■ 2. Amend section 538.273 by— 

■ a. Redesignating paragraphs (d)(36) 

and (37) as paragraphs (d)(38) and (39); 

and 

■ b. Adding new paragraphs (d)(36) and 

(37) to read as follows: 

538.273 FSS solicitation provisions and 

contract clauses. 

* * * * * 

(d) * * * 

(36) 552.238–112, Definitions— 

Federal Supply Schedule Contracts. 

(37) 552.238–113, Authorities 

Supporting Use of Federal Supply 

Schedule Contracts. 

* * * * * 

■ 3. Revise subpart 538.70 to read as 

follows: 

Subpart 538.70—Use of Federal Supply 

Schedule Contracts by Eligible Non-Federal 

Entities 

538.7000 Scope of subpart. 

538.7001 Definitions. 

538.7002 Authorities. 

538.7002–1 Cooperative purchasing 

program. 

538.7002–2 Disaster purchasing program. 

538.7002–3 Public health emergencies 

program. 

538.7002–4 Qualified nonprofit agencies for 

the blind or other severely disabled. 

538.7002.5 Qualified relief or disaster 

assistance organizations. 

538.7002–6 Indian Self-Determination and 

Education Assistance Act (ISDEAA). 

538.7002–7 Native American Housing 

Assistance and Self Determination Act 

(NAHASDA). 

538.7002–8 Urban Indian organizations. 

538.7002–9 Tribally controlled schools. 

538.7002–10 1122 Program. 

538.7003 Non-Federal entity requirements. 

538.7004 GSA responsibilities. 

538.7005 Contract clause. 

Subpart 538.70—Use of Federal Supply 

Schedule Contracts by Eligible NonFederal Entities 

538.7000 Scope of subpart. 

This subpart prescribes policies and 

procedures for implementing statutory, 

regulatory, and other authorities that 

authorize use of Federal Supply 

Schedule (FSS) contracts by eligible 

non-Federal entities. 

538.7001 Definitions. 

As used in this subpart— 

Eligible means an entity that meets the 

requirements prescribed by statute, 

regulation, or other authority for 

purposes of being able to use FSS 

contracts. Information about GSA’s FSS 

eligibility process is available at https:// 

www.gsa.gov/eligibilitydeterminations. 

Non-Federal entity means any State, 

local, territorial, or Tribal government, 

or any instrumentality thereof 

(including any local educational agency 

or institution of higher education); and 

any other non-Federal organization (e.g., 

a qualified nonprofit agency as defined 

in 40 U.S.C. 502(b)). 

Preparedness means actions that may 

include, but are not limited to: 


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planning, resourcing, organizing, 

equipping, training, and conducting 

exercises to improve, build and sustain 

the capabilities necessary to prevent, 

protect, mitigate, respond, and recover 

from a disaster. 

Recovery means actions taken to assist 

communities affected by an incident to 

recover effectively. This includes, but is 

not limited to, actions to restore, 

redevelop, and revitalize the health, 

social, economic, natural, and 

environmental fabric of the community. 

Recovery may begin while response is 

still occurring. 

Response means actions taken during 

a disaster, or in its aftermath, in order 

to save lives, protect property and the 

environment, and meet basic human 

needs. Response also includes the 

execution of emergency plans and 

actions to enable recovery from a 

disaster. 

538.7002 Authorities. 

Various laws, regulations, and other 

authorities allow eligible non-Federal 

entities to use FSS contracts. This 

section identifies some of the common 

authorities allowing eligible nonFederal entities to use FSS contracts. 

See https://www.gsa.gov/eligibility

determinations for additional 

information about the authorities 

available. 

538.7002–1 Cooperative purchasing 

program. 

40 U.S.C. 502(c) allows State or local 

governments, as defined in 40 U.S.C. 

502(c)(3), to purchase the types of 

supplies and services described in 40 

U.S.C. 502(c). The supplies and services 

described in 40 U.S.C. 502(c) are limited 

to those available under the Information 

Technology Category, and the Security 

and Protection Category (or successor 

category(ies)). The GSA program that 

implements this authority is called the 

Cooperative Purchasing program. 

538.7002–2 Disaster purchasing program. 

(a) 40 U.S.C. 502(d) allows State or 

local governments, as defined in 40. 

U.S.C. 502(c)(3), to purchase supplies or 

services that are to be used to 

facilitate— 

(1) Disaster preparedness or response; 

(2) Recovery from a major disaster 

declared by the President under the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 

5121 et seq.); or 

(3) Recovery from terrorism, nuclear, 

biological, chemical, or radiological 

attack. 

(b) The GSA program that implements 

this authority is called the Disaster 

Purchasing program. 

538.7002–3 Public health emergencies 

program. 

42 U.S.C. 247d allows State or local 

governments, as defined in 40 U.S.C. 

502(c)(3), to purchase supplies and 

services when expending Federal grant 

funds in response to a public health 

emergency declared by the Secretary of 

Health and Human Services under 

section 319 of the Public Health 

Services Act. The GSA program that 

implements this authority is called the 

Public Health Emergencies program. 

538.7002–4 Qualified nonprofit agencies 

for the blind or other severely disabled. 

40 U.S.C. 502(b) allows qualified 

nonprofit agencies for the blind or other 

severely disabled, as defined by 41 

U.S.C. 8501, that are providing a 

commodity or service to the 

Government under 41 U.S.C. chapter 85, 

to purchase supplies or services. 

Purchases under this authority must be 

used directly in making or providing to 

the Government a commodity or service 

that has been determined by the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

under 41 U.S.C. 8503 to be suitable for 

procurement by the Government. 

538.7002–5 Qualified relief or disaster 

assistance organizations. 

40 U.S.C. 502(e) allows the American 

National Red Cross and other qualified 

organizations, as defined in 40 U.S.C. 

502(e)(3), to purchase supplies or 

services. Purchases under this authority 

by the American National Red Cross 

shall be used in furtherance of the 

purposes of the American National Red 

Cross set forth in 36 U.S.C. 300102. 

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. 

538.7002–6 Indian Self-Determination and 

Education Assistance Act (ISDEAA). 

(a) 25 U.S.C. 5324(k) allows Tribal 

organizations, as defined in 25 U.S.C. 

5304, that have an active ISDEAA 

contract, grant, or cooperative 

agreement to purchase supplies or 

services for the purposes of carrying out 

the ISDEAA contract, grant, or 

cooperative agreement. 

(b) 25 U.S.C. 5370 allows Indian 

Tribes, as defined in 25 U.S.C. 5304, 

that have an active ISDEAA compact or 

funding agreement to purchase supplies 

or services for the purposes of carrying 

the ISDEAA compact or funding 

agreement. 

(c) 25 U.S.C. 5396 allows Indian 

Tribes, as defined in 25 U.S.C. 5304, 

that have an active ISDEAA compact or 

funding agreement to purchase supplies 

or services for the purposes of carrying 

out the ISDEAA compact or funding 

agreement. 

538.7002–7 Native American Housing 

Assistance and Self Determination Act 

(NAHASDA). 

25 U.S.C 4111(j) allows Indian Tribes, 

as defined in 25 U.S.C. 4103, and 

tribally designated housing entities, as 

defined in 25 U.S.C. 4103, that have an 

active NAHASDA contract, grant, or 

cooperative agreement to purchase 

supplies and services for the purposes 

of carrying out the NAHASDA contract, 

grant, or cooperative agreement. 

538.7002–8 Urban Indian organizations. 

25 U.S.C. 1660g(e) allows Urban 

Indian organizations, as defined in 25 

U.S.C. 1603, that have an active contract 

or grant pursuant to 25 U.S.C. chapter 

18 subchapter IV to purchase supplies 

and services for the purposes of carrying 

out the contract or grant. 

538.7002–9 Tribally controlled schools. 

25 U.S.C. 2507(a)(6) allows tribally 

controlled schools, as defined under 25 

U.S.C. 2511, that have an active grant 

pursuant to 25 U.S.C. chapter 27 to 

purchase supplies or services for the 

purposes of carrying out the grant. 

538.7002–10 1122 Program. 

10 U.S.C. 281 allows States and units 

of local government, as defined in 10 

U.S.C. 281, to purchase equipment 

suitable for counter-drug, homeland 

security, and emergency response 

activities through the Department of 

Defense. GSA, in coordination with the 

Secretary of Defense, produces and 

maintains a catalog in accordance with 

the procedures established by the 

Secretary of Defense. The catalog 

includes access to equipment available 

under FSS contracts. States and units of 

local government interested in using the 

1122 program should contact their 

designated State point of contact. 

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 nonFederal 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. 


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(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. 

538.7004 GSA responsibilities. 

(a) Eligibility determination process. 

GSA may need to make a determination 

of eligibility to support a non-Federal 

entity’s use of FSS contracts. See 

https://www.gsa.gov/eligibility

determinations for information about 

eligibility. 

(b) Oversight. To ensure proper use of 

and access to FSS contracts by eligible 

non-Federal entities, GSA may take any 

action within its authority as deemed 

necessary to deny, limit, or restrict use 

of FSS contracts, in whole or in part. 

Reasons may include, but are not 

limited to— 

(1) A change in an underlying 

authority; 

(2) A change in the terms and 

conditions of the FSS program or FSS 

contracts; 

(3) A failure by an eligible nonFederal entity to comply with the 

requirements of 538.7003; or 

(4) Use by an ineligible non-Federal 

entity. 

538.7005 Contract clause. 

Insert the clause at 552.238–114, Use 

of Federal Supply Schedule Contracts 

by Eligible Non-Federal Entities, in FSS 

solicitations and contracts. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 552.238–105 by 

revising the date of the clause and the 

first sentence to read as follows: 

552.238–105 Deliveries Beyond the 

Contractual Period—Placing of Orders. 

* * * * * 

Deliveries Beyond the Contractual Period— 

Placing of Orders (Mar 2024) 

In accordance with the GSAR clause at 

552.238–113, Authorities Supporting Use of 

Federal Supply Schedule Contracts, this 

contract covers all requirements that may be 

ordered, as distinguished from delivered 

during the contract term. * * * 

■ 5. Revise 552.238–112 through 

552.238–114 to read as follows: 

* * * * * 

552.238–112 Definitions—Federal Supply 

Schedule Contracts. 

552.238–113 Authorities Supporting Use of 

Federal Supply Schedule Contracts. 

552.238–114 Use of Federal Supply 

Schedule Contracts by Eligible NonFederal Entities. 

* * * * * 

552.238–112 Definitions—Federal Supply 

Schedule Contracts. 

As prescribed in 538.273(d) insert the 

following clause: 

Definitions-Federal Supply Schedule 

Contracts (Mar 2024) 

As used in this contract, 

Eligible means an entity that meets the 

requirements prescribed by statute, 

regulation, or other authority for purposes of 

being able to use Federal Supply Schedule 

(FSS) contracts. Information about FSS 

eligibility is available at https://www.gsa.gov/ 

eligibilitydeterminations. 

Ordering activity (also called ‘‘ordering 

agency’’ and ‘‘ordering office’’) means an 

entity that is eligible to place orders or 

establish blanket purchase agreements (BPA) 

under this contract. 

(End of clause) 

552.238–113 Authorities Supporting Use 

of Federal Supply Schedule Contracts. 

As prescribed in 538.273(d), insert the 

following clause: 

Authorities Supporting Use of Federal 

Supply Schedule Contracts (Mar 2024) 

(a) Ordering activities are able to use 

Federal Supply Schedule (FSS) contracts 

based upon a number of statutes, regulations, 

and other authorities. Authorities allowing 

ordering activities use of FSS contracts 

include, but are not limited to: 

(1) 25 U.S.C. 1660g(e), which provides for 

the use by urban Indian organizations, as 

defined in 25 U.S.C. 1603, for the purposes 

of carrying out a contract or grant pursuant 

to 25 U.S.C. chapter 18, subchapter IV. 

(2) 25 U.S.C. 2507, which provides for the 

use by tribally controlled schools, as defined 

in 25 U.S.C. 2511, for the purposes of 

carrying out a grant pursuant to 25 U.S.C. 

chapter 27 (known as the Tribally Controlled 

Schools Act). 

(3) 25 U.S.C. 4111(j), which provides for 

the use by Indian Tribes, as defined in 25 

U.S.C. 4103, and tribally designated housing 

entities, as defined in 25 U.S.C. 4103, for the 

purposes of carrying out a contract, grant, or 

cooperative agreement pursuant to 25 U.S.C. 

chapter 43 (known as the Native American 

Housing Assistance and Self Determination 

Act (NAHASDA)). 

(4) 25 U.S.C. 5324(k), which provides for 

the use by Tribal organizations, as defined in 

25 U.S.C 5304, for the purposes of carrying 

out a contract, grant, or cooperative 

agreement pursuant to 25 U.S.C. chapter 46 

(known as the Indian Self-Determination and 

Education Assistance Act (ISDEAA)). 

(5) 25 U.S.C. 5370 and 25 U.S.C. 5396, 

which provides for the use by Indian Tribes, 

as defined in 25 U.S.C. 5304, for the purpose 

of carrying out a compact or funding 

agreement pursuant to 25 U.S.C. chapter 46 

(known as ISDEAA). 

(6) 40 U.S.C. 113(d), which provides for the 

use by the Senate, the House of 

Representatives, and the Architect of the 

Capitol (including any building, activity, or 

function under the direction of the Architect 

of the Capitol). 

(7) 40 U.S.C. 501, which provides for the 

use by executive agencies as defined in 5 

U.S.C. 105. 

(8) 40 U.S.C. 502(a), which provides for the 

use by Federal agencies as defined in 40 

U.S.C. 102, the District of Columbia, and 

mixed-ownership Government corporations 

as defined in 31 U.S.C. 9101. 

(9) 40 U.S.C. 502(b), which provides for the 

use by qualified nonprofit agencies for other 

severely disabled, as defined in 41 U.S.C. 

8501(6), and qualified nonprofit agencies for 

the blind, as defined in 41 U.S.C. 8501(7), for 

the purposes of making or providing to the 

Government a commodity or service that has 

been determined by the Committee for 

Purchase From People Who Are Blind or 

Severely Disabled under 41 U.S.C. 8503 to be 

suitable for procurement by the Government. 

(10) 40 U.S.C. 502(c), which provides for 

the use by State or local governments, as 

defined in 40 U.S.C. 502(c)(3)(A), for the 

purpose of purchasing the types of supplies 

and services described in 40 U.S.C. 502(c). 

The types of supplies and services described 

in 40 U.S.C. 502(c) are limited to those 

available in the Information Technology 

Category and the Security and Protection 

Category (or any successor categories). The 

GSA program implementing this authority is 

the Cooperative Purchasing program. 

(11) 40 U.S.C. 502(d), which provides for 

the use by State or local governments, as 

defined in 40 U.S.C. 502(c)(3)(A), for the 

purposes of facilitating disaster preparedness 

or response, facilitating recovery from a 

major disaster declared by the President 

under the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 

5121 et seq.), or facilitating recovery from 

terrorism, nuclear, biological, chemical, or 

radiological attack. The GSA program 

implementing this authority is the Disaster 

Purchasing program. 

(12) 40 U.S.C. 502(e), which provides for 

the use by the American National Red Cross 

and other qualified organizations, as defined 

in 40 U.S.C. 502(e)(3). Purchases under this 

authority by the American National Red 

Cross shall be used in furtherance of the 

purposes of the American National Red Cross 

set forth in 36 U.S.C. 300102. 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. 

(13) 42 U.S.C. 247d, which provides for the 

use by State or local governments, as defined 


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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 13287 

in 40 U.S.C.502(c)(3)(A), when a public 

health emergency has been declared by the 

Secretary of Health and Human Services 

under section 319 of the Public Health 

Services Act. The GSA program 

implementing this authority is the Public 

Health Emergencies program. 

(14) FAR subpart 51.1, which provides for 

the use by contractors, including 

subcontractors, when such use is authorized 

pursuant to FAR subpart 51.1. 

(b) [Reserved] 

(End of clause) 

552.238–114 Use of Federal Supply 

Schedule Contracts by Eligible Non-Federal 

Entities. 

As prescribed in 538.7005, insert the 

following clause: 

Use of Federal Supply Schedule Contracts by 

Eligible Non-Federal Entities (Mar 2024) 

(a) Definition—Non-Federal entity, as used 

in this clause, means any State, local, 

territorial, or Tribal government, or any 

instrumentality thereof (including any local 

educational agency or institution of higher 

education); and any other non-Federal 

organization (e.g., a qualified nonprofit 

agency as defined in 40 U.S.C. 502(b)). 

(b) Responsibilities. Eligible non-Federal 

entities are responsible for complying 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 FSS contracts). 

(c) Acceptance. (1) The Contractor is 

encouraged, but not obligated, to accept 

orders from eligible non-Federal entities 

under this contract. The Contractor may, 

within 5 business days of receipt of an order, 

reject an order from an eligible non-Federal 

entity for any reason. However, purchase 

card orders must be rejected within 24 hours 

of receipt of the order. Failure to reject an 

order within these timeframes shall 

constitute acceptance. 

(2) The Contractor is encouraged, but not 

obligated, to enter into blanket purchase 

agreements (BPAs) with eligible non-Federal 

entities under the terms of this contract. The 

Contractor should respond to any requests to 

enter into a BPA within 5 business days of 

receipt of the request. 

(d) Conditions of acceptance. If the 

Contractor accepts an order from or enters 

into a BPA with an eligible non-Federal 

entity under this contract, the following 

conditions apply: 

(1) For orders, a separate contract is formed 

between the Contractor and the eligible nonFederal entity (herein ‘‘the parties’’). For 

BPAs, a separate agreement is formed 

between the parties. 

(2) The resultant order or BPA shall 

incorporate by reference all the terms and 

conditions of this contract except for: 

(i) FAR clause 52.233–1, Disputes, and 

(ii) Paragraphs (d) Disputes, (h) Patent 

indemnity, and (r) Compliance with laws 

unique to Government contracts, of GSAR 

clause 552.212–4, Contract Terms and 

Conditions—Commercial Products and 

Commercial Services. 

(3) The U.S. Government is not liable for 

the performance or nonperformance of any 

order or BPA entered into under this contract 

by the parties. Disputes which cannot be 

resolved by the parties may be litigated in 

any State or Federal court with jurisdiction 

over the parties, applying Federal 

procurement law, including statutes, 

regulations, and case law, and, if pertinent, 

the Uniform Commercial Code. To the extent 

authorized by law, the parties are encouraged 

to resolve disputes through alternative 

dispute resolution. 

(4) Neither party will look to, primarily or 

in any secondary capacity, or file any claim 

against the U.S. Government or any of its 

agencies with respect to any failure of 

performance by the other party. 

(e) Additional terms and conditions. Terms 

and conditions required by statute, 

ordinance, regulation, or as otherwise 

required by an eligible non-Federal entity 

may be made a part of an order or a BPA to 

the extent that these terms and conditions do 

not conflict with the terms and conditions of 

this contract. The Contractor should review 

any such additional terms and conditions 

prior to accepting an order or entering into 

a BPA with an eligible non-Federal entity. 

(f) Payment. (1) The Contractor is 

responsible for obtaining all payments due to 

the Contractor from the eligible non-Federal 

entity under the terms and conditions of the 

order or the BPA entered into under this 

contract, without recourse to the U.S. 

Government or any of its agencies that 

awarded this contract or administer this 

contract. 

(2) If an eligible non-Federal entity is 

subject to a State prompt payment law, the 

terms and conditions of the applicable State 

law apply to the orders placed under this 

contract by such entities. If an eligible nonFederal entity is not subject to a State prompt 

payment law, the terms and conditions of 

paragraph (i) of the GSAR clause at 552.212– 

4, apply to such entities in the same manner 

as to Federal entities. 

(g) Fee and sales reporting. The 

requirements of the GSAR clause at 552.238– 

80, Industrial Funding Fee and Sales 

Reporting, apply to any sales to eligible nonFederal entities under this contract. 

(End of clause) 

[FR Doc. 2024–03605 Filed 2–21–24; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD654] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Western 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2024 total 

allowable catch (TAC) of Pacific cod by 

vessels using pot gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 19, 2024, 

through 1200 hours, A.l.t., June 10, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Adam Zaleski, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2024 

Pacific cod TAC apportioned to vessels 

using pot gear in the Western Regulatory 

Area of the GOA is 1,182 metric tons 

(mt) as established by the final 2023 and 

2024 harvest specifications for 

groundfish in the GOA (88 FR 13238, 

March 2, 2023) and inseason adjustment 

(88 FR 88840, December 26, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2024 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Western Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 1,175 mt 

and is setting aside the remaining 7 mt 


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