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Can State and Local Governments Use GSA Contracts?

Can State and Local Governments Use GSA Contracts?
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State and local governments can use GSA contracts through specific programs like Cooperative Purchasing, the 1122 Program, and Disaster Recovery Purchasing. These programs allow access to pre-negotiated federal contracts for IT, law enforcement, emergency response, and disaster-related needs. Benefits include:

  • Cost Savings: Pre-negotiated pricing eliminates lengthy bidding processes.
  • Faster Procurement: Direct access to vetted vendors simplifies purchasing.
  • Emergency Readiness: Quick access to disaster-related supplies and services.

Key Programs for State and Local Governments:

  • Cooperative Purchasing: Access IT, law enforcement, and security solutions.
  • 1122 Program: Purchase equipment for counter-drug, homeland security, and emergency response.
  • Disaster Recovery Purchasing: Quickly procure disaster-related supplies and services.

To get started, confirm your eligibility under GSA Order 4800.2I, register on GSA Advantage!, and follow your local procurement rules while leveraging GSA’s streamlined tools.

Say Hello To GSA’s Seven Acquisition Programs for State & Local Government

Programs That Allow State and Local Access to GSA Contracts

State and local governments have several pathways to access GSA contracts, giving them the same pre-negotiated pricing and streamlined purchasing processes that federal agencies rely on. Let’s take a closer look at the three main programs designed for their unique procurement needs.

Cooperative Purchasing Program

The Cooperative Purchasing Program is the go-to option for state and local governments looking to access GSA contracts. It focuses primarily on IT products and services as well as law enforcement and security solutions.

This program allows state and local entities to purchase items under specific Special Item Numbers (SINs) without the usual restrictions that limit GSA contracts to federal buyers. By opening up these contracts, the program creates opportunities for government purchasers to benefit from competitive pricing while expanding the market for vendors.

In fiscal year 2023 alone, state and local governments spent $841 million through this program, with an average annual expenditure of $802 million over the past five years. Eligible entities, as outlined earlier, can participate, but they must include specific language referencing the GSA Multiple Award Schedule contract number and the Cooperative Purchasing Program when placing orders.

Buyers are still required to follow their local procurement rules and may add extra terms to agreements, as long as they don’t conflict with the base GSA terms. For purchases funded by federal grants, buyers must adhere to the granting agency’s guidelines.

1122 Program

The 1122 Program is tailored for state and local governments needing equipment for counter-drug operations, homeland security, and emergency response efforts. Created under the National Defense Authorization Act of 1994, the program originally focused on law enforcement equipment for counter-drug activities. It later expanded under the Duncan Hunter National Defense Authorization Act of 2009 to include homeland security and emergency response equipment.

State participation requires certification through a State Point of Contact (SPOC). Individual agencies within the state must also get certified for their specific activities. For instance, in California, agencies submit a letter to the California Public Safety Procurement Program requesting certification for Counter Drug (CD), Homeland Security (HS), or Emergency Response (ER). Agencies can certify for one or all three activities, and upon approval, they’re authorized to participate.

Every order placed under the program must include this authorization language:

"This order is placed pursuant to the 1122 program, in support of counter-drug, homeland security, or emergency response activities for the State of [insert the name of the state], under the authority of [insert the state point of contact name]."

GSA advises buyers to follow federal Schedule ordering procedures to maximize value under this program. However, contractors and grantees of state or local governments are not eligible to participate.

Disaster Recovery Purchasing

For disaster-related needs, the Disaster Recovery Purchasing Program provides quick access to GSA Multiple Award Schedule contracts and Blanket Purchase Agreements (BPAs). This program is designed to support disaster preparedness, response, and recovery efforts, whether the emergency stems from natural disasters, terrorism, or chemical, biological, radiological, or nuclear events.

In fiscal year 2021, this program facilitated over $185 million in disaster-related purchases, underscoring its importance during emergencies. Local officials are responsible for ensuring that purchases directly support disaster-related activities.

The program offers a wide range of emergency supplies and services, including:

  • Basic supplies: Tents, cots, portable restrooms, and shower trailers.
  • Hygiene products: Hand sanitizer, antibacterial wipes, and paper goods.
  • Food and water: Bottled water, shelf-stable meals, baby food, and pet food.
  • Construction materials: Tools, paints, plywood, tarps, and other essentials.
  • Specialized equipment: Flood control tools, hazardous waste remediation services, and emergency service support like food services and vehicle rentals.

All orders must include specific authorization language:

"This order is placed under GSA MAS number [insert number here] under the authority of the GSA Disaster Purchasing program. This order is to be used to facilitate disaster preparedness or response, 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 recovery from terrorism, nuclear, biological, chemical, or radiological attack."

The eligibility requirements for this program are the same as those for the Cooperative Purchasing Program, ensuring that only qualified entities can participate.

How to Purchase Through GSA Contracts: Step-by-Step Guide

After confirming your eligibility and identifying the program that fits your needs, the process of purchasing through GSA contracts becomes fairly simple. State and local governments rely on GSA Advantage! to find and order products that offer cost-effective solutions.

Registering on GSA Advantage!

GSA Advantage! is the go-to online marketplace for state and local governments to browse and purchase products and services from GSA Schedule contractors. The platform is accessible 24/7 and provides real-time pricing information.

Before diving in, you’ll need to confirm your eligibility by submitting a request to GSA. Once approved, you’ll gain access to special pricing and terms. On GSA Advantage!, you can search for products and services by keywords, stock numbers, or vendor names, with detailed descriptions just a click away.

For more in-depth research, pair GSA eLibrary with GSA Advantage! This tool helps you explore product categories and locate the Special Item Numbers (SINs) that align with your procurement needs. After completing your registration and research, you’re ready to place an order through GSA Schedules.

Placing Orders via GSA Schedules

Once you’ve verified eligibility and chosen your products, follow these steps to finalize your purchase. State and local government buyers must adhere to their specific procurement regulations while aligning with GSA terms. This ensures compliance with local rules while leveraging the benefits of GSA contracts.

When placing an order, always include the MAS contract number to indicate your intent to purchase through GSA. Before completing your transaction, confirm product availability directly with the contractor.

If needed, you can add additional terms to your order, provided they don’t conflict with the base Schedule conditions. For federally funded purchases, work with the granting agency to meet all funding requirements.

While it’s not mandatory for state and local governments to follow federal ordering guidelines, GSA recommends adopting its Schedule ordering procedures to achieve the best value. Following these practices can help optimize your procurement process.

For specific needs, the eBuy platform is a valuable tool. It allows you to post requests for information and reach out to multiple contractors at once, making it easier to identify suppliers that meet your requirements.

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Benefits of Using GSA Contracts for State and Local Governments

GSA contracts offer far more than just a streamlined approach to procurement – they provide state and local governments with a range of advantages that can make a real difference in cost management, procurement speed, and emergency readiness. Programs like Cooperative Purchasing and Disaster Recovery allow these entities to tap into federal-level efficiencies, creating opportunities that traditional methods often struggle to match.

Cost Savings

One of the standout benefits of GSA contracts is their pre-negotiated pricing, which ensures state and local governments can access goods and services at fair and competitive rates. By leveraging the federal government’s purchasing power, these contracts allow state and local entities to benefit from the same pricing as federal agencies.

This pricing model doesn’t just cut costs – it also eliminates the need for lengthy bidding processes. Without the administrative burden of issuing and managing bids, agencies can redirect their time and resources toward their primary missions. The result? Both direct financial savings and operational efficiency.

Faster Procurement Process

The traditional procurement process – writing specifications, advertising bids, evaluating proposals, and negotiating contracts – can be a time-consuming ordeal. GSA contracts simplify this by offering access to pre-vetted vendors with pre-negotiated terms. Procurement officers can skip the usual hurdles and focus on finding the best solutions for their needs.

Platforms like GSA Advantage!, available 24/7, make this process even more convenient. Procurement teams can browse products, compare prices, and place orders at any time, without being constrained by standard business hours. For more complex needs, the eBuy platform allows officials to post their requirements once and receive responses from multiple qualified contractors, saving even more time.

Emergency Response Efficiency

When emergencies strike, speed is critical – and GSA contracts offer the agility that state and local governments need to respond effectively. Through the Disaster Recovery Purchasing Program, agencies can quickly source products and services at fair prices during crises. In fiscal year 2021 alone, GSA Schedule contractors facilitated over $185 million in disaster-related sales, with disaster recovery purchases tripling since fiscal year 2011. Management and Financial Consulting services (SIN 541611) played a significant role, accounting for about 30% of these sales in 2021.

The COVID-19 pandemic highlighted the value of GSA’s capabilities. By partnering with the Department of Health and Human Services and FEMA, GSA enabled federal, state, and local governments to procure essential supplies and services through existing contracts. This approach avoided the delays that come with initiating new procurement processes, ensuring timely delivery of critical resources.

To further support emergency preparedness, GSA offers Emergency Acquisition Basic Ordering Agreements. These agreements simplify the procurement of commercial supplies and services during crises, eliminating the need to establish new vendor relationships or negotiate terms when time is scarce. Additionally, the disaster recovery program helps governments build stockpiles and forge vendor relationships ahead of time, ensuring they are ready when disasters occur.

Compliance and Best Practices for State and Local Governments

Using GSA contracts effectively isn’t just about knowing who’s eligible – it’s about navigating compliance requirements and procurement practices with precision. State and local governments must balance federal GSA regulations with their own local rules, steering clear of common missteps that could derail even the best-laid purchasing plans.

Following Federal and State Laws

State and local buyers must carefully adhere to both GSA requirements and their own procurement regulations. For instance, local rules often require specific ordering processes and competitive bidding, which must align with GSA procedures. While buyers can add conditions to GSA Schedule terms, these additions can’t conflict with the original terms.

When federal grant funds are involved, compliance becomes even more critical. Buyers must follow the grant agency’s rules, such as those governing Native American Housing Assistance funds [2]. This means juggling GSA rules, local procurement laws, and federal grant regulations simultaneously. These steps are essential to maintaining the streamlined ordering process mentioned earlier.

It’s also worth noting that some federal clauses don’t apply to state and local orders. For example, the Disputes Clause, Patent Indemnity Clause, Prompt Payment Clause, and certain Commercial Item Contract Terms and Conditions – those tied to federal-specific laws – are excluded from state and local contracts.

Another key requirement is keeping registration on SAM.gov up to date. Procurement teams should regularly review and update their registration to ensure accuracy and continued eligibility. These legal and procedural steps are crucial for avoiding the pitfalls discussed below.

Common Mistakes to Avoid

Even with a solid understanding of the rules, procurement teams can still stumble. Here are some common mistakes and how to sidestep them:

  • Assuming contract scope covers everything: Just because a vendor holds a GSA contract doesn’t mean all their products or services are included. Always verify that the specific items or services you need are covered under their GSA agreement.
  • Skipping price comparisons: A vendor’s GSA Schedule status doesn’t automatically guarantee the best deal. Comparing prices across multiple GSA Schedule holders helps ensure you’re getting the most value for your budget.
  • Lack of clear communication: Without a detailed Statement of Work (SOW) and a clear purchase order, misunderstandings and delays are almost inevitable.
  • Overlooking market research: Evaluate suppliers based on their track record, customer feedback, and ability to meet your requirements. Don’t take past performance for granted.
  • Neglecting contract management: Assigning a dedicated manager to oversee contract performance and handle modifications is crucial. Without this oversight, unresolved issues can pile up.
  • Ignoring small business goals: When federal funds are involved, aligning procurement with small business participation objectives is especially important. Failing to do so can lead to compliance issues.
  • Delays in payment processing: Timely payments are essential for maintaining strong vendor relationships and ensuring uninterrupted services. Payment delays can strain partnerships and disrupt operations.

To avoid these pitfalls, seek expert advice early in the process. Streamline your internal procedures to align with GSA contract terms, take advantage of training and support resources, and build long-term relationships with GSA Schedule holders. These steps can lead to tailored solutions and smoother service delivery.

Conclusion: Getting Started with GSA Contracts

GSA contracts provide state and local governments with a valuable procurement option. Whether the goal is to simplify emergency purchases, cut costs, or tap into pre-negotiated federal contracts, the Multiple Award Schedule (MAS) programs open up a range of possibilities for eligible entities.

The first step? Confirm your eligibility under GSA Order 4800.2I. This will help determine which programs – such as Cooperative Purchasing, Disaster Purchasing, Public Health Emergencies, or the 1122 Program – your organization can access. If you’re unsure, reach out to gsaeligibilitydetermination@gsa.gov for clarification.

After confirming eligibility, take advantage of GSA’s procurement tools. Platforms like GSA Advantage!, eBuy, and eLibrary connect you directly with thousands of pre-negotiated contracts and suppliers. These tools simplify the procurement process, saving time while ensuring competitive pricing and quality.

If federal funds are involved, make sure to coordinate with funding agencies to meet any specific purchasing guidelines.

Beyond saving money, GSA contracts also support emergency preparedness, speed up procurement timelines, and provide access to reputable vendors. However, it’s crucial to remember that while GSA offers a structured framework, your organization must still comply with local procurement laws and regulations.

For additional support, consider registering for GSA events or contacting the National Customer Service Center for expert guidance. Mastering these programs can lead to faster procurement cycles, stronger vendor relationships, and improved budget management.

Ultimately, GSA contracts go beyond just purchasing – they empower your organization to build a more efficient, responsive procurement system that meets your community’s needs while ensuring taxpayer dollars are used wisely.

FAQs

How can state and local governments determine if they are eligible to use GSA contracts?

State and local governments looking to access GSA contracts can check their eligibility by referring to the guidelines in 40 USC 502 (c)(3). Typically, eligibility hinges on participation in programs such as Cooperative Purchasing, the 1122 Program, or the Disaster Recovery Program.

Agencies have a few ways to confirm their eligibility. They can evaluate themselves against the outlined criteria, provide a written confirmation to GSA, or reach out to GSA directly for an official determination. Before utilizing GSA’s Multiple Award Schedule for simplified purchasing, it’s crucial to ensure all program requirements are met.

How can state and local governments make purchases using GSA contracts?

State and local governments, once deemed eligible, can streamline their purchasing process through GSA contracts by following these straightforward steps:

  • Visit GSA Advantage: Head over to the GSA Advantage platform to explore a wide range of products and services. Setting up an account is your first step toward placing orders.
  • Search for What You Need: Use the platform’s search features to locate specific items or services. Filters can help you refine your search and quickly zero in on the best options.
  • Complete Your Purchase: Add your chosen items to the cart and proceed to checkout. If your requirements are more complex, the GSA eBuy platform lets you request quotes from multiple vendors for comparison.

This process simplifies procurement, saving time and helping state and local governments efficiently address their needs while managing costs effectively.

How can GSA contracts help state and local governments prepare for and respond to emergencies?

GSA contracts offer state and local governments a quick and efficient way to secure essential supplies and services for emergencies. Programs like the Disaster Purchasing Program give agencies access to a broad selection of products and services, helping them stay prepared to manage crises effectively. This streamlined approach cuts down response times and boosts readiness when disaster strikes.

Another key initiative, the 1122 Program, enables state and local agencies to purchase specific emergency management and public safety items at reduced rates. These programs not only improve preparedness but also help governments conserve time and resources during high-pressure situations.

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