Eligibility Determinations

How is GSA supporting the procurement needs of state and local governments?

  • Please see GSA Order OGP 4800.2I [PDF - 179 KB] for information regarding eligibility to use GSA sources of supply and services.
  • GSA has outlined available purchasing resources and support for state and local governments [PDF - 436 KB] eligible to directly access GSA Schedules. State and local governments should always coordinate purchases in accordance with guidance issued by FEMA (or other applicable agency) and follow the regulations and requirements outlined by funding agencies prior to purchasing from any source.
  • Hospitals that are instrumentalities of state and local governments have access to the same programs as state and local governments.
  • During the extent of the COVID-19 emergency declaration, state and local government entities, including instrumentalities, may make self-determinations of eligibility and should send written confirmation to gsaeligibilitydetermination@gsa.gov. See 40 U.S.C. 502(c) and (d). For your convenience, a sample self-determination email [PDF - 82 KB] is available.
  • Please note that not all Schedule vendors participate in these programs. Additionally, vendors may offer items under these programs, but may not have supplies available on hand to provide to state and local government entities. Please contact vendors directly before placing orders on GSA Advantage! to ensure their availability.
  • GSA's Federal Surplus Personal Property Donation program enables state and local governments to receive surplus equipment and supplies. GSA is expediting personal property donation requests for COVID-19 response efforts where possible. For more information please contact your State Agency for Surplus Property (www.gsa.gov/sasp).

GSA’s Office of Acquisition Policy (OAP) has been delegated the authority in GSA Order ADM 5450.39D, Chapter 6 to make determinations of eligibility for entities to use GSA sources in accordance with GSA Order OGP 4800.2I [PDF - 179 KB].

Entities must be found eligible by GSA’s OAP in accordance with the applicable authority (e.g., statutes, regulations), and GSA Order OGP 4800.2I. The GSA source(s) available to an entity depend on the entity type and underlying authority. Charts I(a) and I(b) below identify the different types of entities and corresponding GSA sources/programs available to the type of entity. See Section III for information on how to request an eligibility determination. See Section V for the types of entities not covered by the eligibility process performed by GSA's OAP.

Please note:

  • Non-profit status alone is not sufficient to grant eligibility. Generally, commercial non-profit organizations are not eligible.
  • Federal grantees are generally not eligible to use GSA sources.

I (a). What Types of Entities are Eligible (By Source/Program)

Entity Type Example Reference1
Federal Agency - Executive Department of Commerce Par 7.a.1
Federal Agency - Legislative Library of Congress Par 7.b.1
Federal Agency - Judicial U.S. Tax Court Par 7.b.1
Federal Independent Establishment - Executive Merit Systems Protection Board Par 7.a.3
Federal Independent Establishment - Legislative Delaware River Basin Commission Par 7.b.1
Wholly Owned Government Corporations Millennium Challenge Corporation Par 7.a.2
Mixed Ownership Government Corporations Federal Deposit Insurance Corporation Par 7.b.2
District of Columbia District of Columbia Public Schools Par 7.b.3
Territorial Government Government of the U.S. Virgin Islands Par 7.e.2
Tribal Organization under ISDEAA Muscogee Creek Nation Par 7.d.5
Tribal Organization under NAHASDA Cocopah Indian Housing and Development Par 7.d.5
Tribally controlled school under TCSA See definition at 25 U.S.C. 2511 Par 7.d.5
Urban Indian organization See definition at 25 U.S.C. 1603 Par 7.d.5
Contractor Fixed Price Security Contracts Par 7.d.3
Other organizations National Institute for the Deaf Par 7.d.7, 7.d.8, 7.e.1, 7.e.3, 7.e.4
Qualified Nonprofit Agencies for the Blind & Qualified Nonprofit Agencies for other Severely Disabled See definitions at 41 U.S.C. 8501(6) & (7) Par 7.b
Entity Type Example Reference1
State or Local Government

Alabama Department of Commerce

City of Memphis, Tennessee

Par 7.d.6
Tribal Government Hopi Tribe of Arizona Par 7.d.6
State or Local Instrumentality

A public higher education organization

A municipal water district

A metro 9-1-1 district

A public local educational agency2

Par 7.d.6
Entity Type Example Reference1
State or Local Government

Alabama Department of Commerce

City of Memphis, Tennessee

Par 7.d.6
Tribal Government Hopi Tribe of Arizona Par 7.d.6
State or Local Instrumentality

A public higher education organization

A municipal water district

A metro 9-1-1 district

A public local educational agency2

Par 7.d.6
Entity Type Example Reference1
State or Local Government

Alabama Department of Commerce

City of Memphis, Tennessee

Par 7.d.6
State or Local Instrumentality

A public higher education organization

A municipal water district

A metro 9-1-1 district

A public local educational agency2

Par 7.d.6
Territorial Government Government of the U.S. Virgin Islands Par 7.d.6
Tribal Government Hopi Tribe of Arizona Par 7.d.6

Note 1: GSA Order OGP 4800.2I [PDF - 179 KB]
Note 2: The term does not include private / charter schools.

I (b). What Types of Entities are Eligible (By Entity Type)

Entity Type Example Sources3 Reference4
Federal Agency - Executive Department of Commerce a, b Par 7.a.1
Federal Agency - Legislative Library of Congress a, b Par 7.b.1
Federal Agency - Judicial U.S. Tax Court a, b Par 7.b.1
Federal Independent Establishment - Executive Merit Systems Protection Board a, b Par 7.a.3
Federal Independent Establishment - Legislative Delaware River Basin Commission a, b Par 7.b.1
Wholly owned Government Corporations Millennium Challenge Corporation a, b Par 7.a.2
Mixed-ownership Government Corporations Federal Deposit Insurance Corporation a, b Par 7.b.2
District of Columbia District of Columbia Public Schools a, b Par 7.b.3
Territorial Government Government of the U.S. Virgin Islands a, b Par 7.e.2
Tribal Organization under ISDEAA Muscogee Creek Nation a, b Par 7.d.5
Tribal Organization under NAHASDA Cocopah Indian Housing and Development a, b Par 7.d.5
Tribally controlled school under TCSA See definition at 25 U.S.C. 2511 a, b Par 7.d.5
Urban Indian organization See definition at 25 U.S.C. 1603 a, b Par 7.d.5
State or Local Government

Alabama Department of Commerce

City of Memphis, Tennessee

c, d, e Par 7.d.6
State or Local Instrumentality

A public higher education organization

A municipal water district

A metro 9-1-1 district

A public local educational agency5

c, d, e Par 7.d.6
Tribal Government Hopi Tribe of Arizona c, d, e Par 7.d.6
Other organizations National Institute for the Deaf a, b Par 7.d.7, 7.d.8, 7.e.1, 7.e.3, 7.e.4
Qualified Nonprofit Agencies for the Blind & Qualified Nonprofit Agencies for other Severely Disabled See definitions at 41 U.S.C. 8501(6) & (7) a, b Par 7.b

Note 3: a = GSA Schedules - All, b = GSA Multi-Agency Contracts - All, c = Cooperative Purchasing Program, d = Disaster Purchasing Program, e = Public Health Emergencies Program
Note 4: GSA Order OGP 4800.2I [PDF - 179 KB]
Note 5: The term does not include private / charter schools

II. Who has Already Been Determined Eligible

  • The list of existing eligible entities [XLSX - 1 MB] identifies entities that have been determined eligible by GSA's OAP. This list is divided into four separate tabs: State & Local, Educational, Tribal, and Other.
    • This list of eligible entities is updated regularly.
    • This is not a fully exhaustive list of eligible entities.
    • For ease of use and simplicity purposes, the list identifies the primary entity and not each and every component that comprises the primary entity. For example, the list identifies the name of cities in lieu of identifying each and every office/department that comprises a city’s government, such as the mayor's office and accounting department.
    • The list must be read with the understanding that though an entity may be listed, an entity still must meet/comply with any and all applicable limitations/conditions surrounding eligibility as well as the use of GSA source (see Section IV).
    • For purposes of distinguishing between entities with the same or similar name, additional text may have been added to an entity's name (e.g., the name of a local educational agency may have "(located in [name of State])" added to reflect the state the entity is located in).

III. How to Request an Eligibility Determination

Entities are encouraged to review the list of existing eligible entities provided in Section II above before submitting a request. Entities requesting eligibility determinations must submit the following information to gsaeligibilitydetermination@gsa.gov.

  1. Identify the entity type that best describes your organization from the chart in Section I (a) or Section I (b) above (e.g., State or Local Instrumentality, Tribal Organization under ISDEAA).
  2. Identify the specific authority(ies) that best supports your organization’s eligibility (e.g., State or Local Statute/Code creating the entity). Include any specific citations or attachments to streamline the review (e.g., Section, Paragraph or Articles of Incorporations). Please note that Tax Certificates do not satisfy this requirement.
  3. Identify the specific GSA source(s), reference the chart in Section I (a) or Section I (b) above.
  4. Discuss any additional information that supports the request.
  5. Submit copies of or hyperlinks to any supporting documentation (e.g., Articles of Incorporation or most recent Audited Financial Statements), including referenced authorities.
  6. Provide a point of contact, including their address and contact information.

IV. What are the Limitations/Conditions Surrounding Eligibility and Use of GSA Sources?

Limitations/Conditions include the following, but not limited to:

  • Eligibility does not guarantee product or service availability.
  • Eligibility cannot be transferred to a third party, such as a subcontractor.
  • Eligibility does not include purchases for resale unless specifically authorized.
  • A GSA source may have additional requirements that must also be met.
  • Use of GSA sources generally does not mandate participation by a GSA vendor, as sales to Non-Federal entities are, unless otherwise stated, voluntary.
  • All users of GSA’s sources must use GSA sources in accordance with the ordering guidance.
  • The underlying authority providing use of a GSA source may establish a restriction, limitation, or condition that must be met for purposes of being eligible to use or using the GSA source. For example, 25 U.S.C § 5324(k) requires that for a tribal organization to be eligible they must have an active ISDEAA contract, grant, or cooperative agreement and that the use of the GSA source is used for the purposes of carrying out the ISDEAA contract, grant, or cooperative agreement. If the tribal organization does not meet either of these conditions they cannot use the GSA source under this authority. However, this does not preclude the tribal organization from seeking to use another authority that may be available.

V. What is not covered by the OAP eligibility process?

  • The use of Government sources by contractors as prescribed by FAR part 51.
  • The ability to obtain Federal surplus property.
  • Fixed-price contractors (and subcontractors) ability to purchase security equipment under 41 CFR 101-26.507.
  • The purchase of items available under the Wildland Fire Protection program
  • The purchase of items available under the U.S. Department of Defense’s 1122 program.
  • Administrative support services from GSA for certain programs (e.g., GSA Advantage!, GSA SmartPay) that may be provided to entities deemed eligible. Accessibility of such services is determined by the specific program.

VI. Who can I Contact?

Last Reviewed: 2021-06-25