U.S. General Services Administration
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).
Eligibility by Source | Eligibility by Entity Type | List of Eligible Entities | How to Request an Eligibility Determination | Limitations | Contacts
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 of supply and services in accordance with GSA Order OGP 4800.2I [PDF - 179 KB].
Entities must be found eligible by GSA’s Office of Acquisition Policy in accordance with applicable statutes, regulations, and GSA Order OGP 4800.2I. The GSA sources available to an entity depend on the entity type. The charts below identify the different types of entities and GSA sources as discussed in GSA Order OGP 4800.2I.
Please note:
- Non-profit status alone is not sufficient to grant eligibility. Generally, commercial non-profit organizations are not eligible.
- Federal grantees are not eligible to use GSA sources of supply and services.
I (a). What Types of Entities are Eligible (By Source)
Note 2: Firefighting Organizations may overlap with State or Local Instrumentalities.
I (b). What Types of Entities are Eligible (By Entity Type)
| Entity Type | Example | Sources3 | Reference4 |
|---|---|---|---|
| Federal Agency Exeuctive | 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 |
| Federal Government Corporation Wholly Owned | Millennium Challenge Corporation | a, b | Par 7.a.2 |
| Federal Government Corporation Mixed Ownership | Federal Deposit Insurance Corporation | a, b | Par 7.b.2 |
| District of Columbia | District of Columbia Public Schools | a, b | Par 7.b.3 |
| U.S. Territory | Government of Virgin Islands | a, b | Par 7.e.2 |
| Tribal Organization ISDEAA | Muscogee Creek Nation | a, b | Par 7.d.5 |
| Tribal Organization NAHASDA & TCSA | Cocopah Indian Housing and Development | a, b | Par 7.d.5 |
| State or Local Government | A City or State government in the United States | c, d, e, f | Par 7.d.6 |
| State or Local Instrumentality |
A public higher education organization A municipal water district A metro 9-1-1 district |
c, d, e | Par 7.d.6 |
| Firefighting Organization5 | U.S. Forest Service Authorized Entity | g | Par 7.d.4 |
| Contractor Cost Reimbursement | Time & Material or Labor Hour Contracts | a, b | Par 7.d.1, 7.d.2 |
| Contractor Fixed Price | Security Contracts | a, b | Par 7.d.3 |
| Other | National Institute for the Deaf | a, b | Par 7.d.7, 7.e.1, 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 = GSA Schedules - IT (70) and Security (84), d = Disaster Emergency Response, e = Counterdrug and Homeland Security Activities, f = Public Health Emergency Response, g = Fire Program Supplies
Note 5: Firefighting Organizations may overlap with State or Local Instrumentalities.
II. Who has Already Been Determined Eligible
The list of existing eligible entities [XLSX - 654 KB] identifies entities that have been determined eligible. This list is updated regularly. This is not a fully exhaustive list of eligible entities. Entities not included on the list may submit a request for an eligibility determination according to the procedures provided in Section III below.
III. How to Request an Eligibility Determination
Entities are encouraged to review the list of existing eligible entities before submitting a request. All entities requesting eligibility determinations must submit the following information to gsaeligibilitydetermination@gsa.gov.
- Identify the entity type from the chart in Section I (a) or Section I (b) above (e.g., State or Local Instrumentality, Tribal Organization ISDEAA).
- Identify the authority for the requesting entity (e.g., Statute creating the entity, Articles of Incorporation noting the entity's type). Include any specific citations to streamline the review (e.g., Section, Paragraph). Please note that Tax Certificates do not satisfy this requirement.
- Identify the sources of supply of interest, reference the chart in Section I (a) or Section I (b) above.
- Identify any additional information, limited to one page, to support the eligibility determination request.
- Provide copies of all supporting documentation, including referenced authorities.
- Provide a point of contact if additional information is required.
IV. What are the Eligibility Limitations
Eligibility determinations state what types of sources of supply are available to an entity along with any applicable limitations. Limitations include the following, but not limited to:
- Eligibility determinations cannot be transferred to a third party, such as a subcontractor.
- Eligibility determinations do not include purchases for resale unless specifically authorized.
- Eligibility determinations for a State or Local entity to use GSA sources do not mandate participation by a Schedule contractor, sales shall be voluntary to a State or Local entity.
- Administrative support services from GSA for certain programs (e.g., GSA Advantage, GSA SmartPay) that may be provided to entities deemed eligible are not governed by this letter. Accessibility is determined by the specific program.
- Eligibility to receive Federal Surplus Property is not covered by this page.
- All users of GSA’s sources must use GSA sources in accordance with the ordering guidance.
- The underlying authority providing use of GSA sources may establish a restriction, limitation, or condition surrounding the use of GSA sources (e.g., 25 U.S.C § 5324(k) requires an eligible tribal organization to be carrying out a contract, grant, or cooperative agreement under ISDEAA for purposes of being able to use GSA sources.) that an entity must comply with for purposes of using GSA Sources.
- Use of Government Sources by Contractors as prescribed by FAR part 51 is not covered by this page.
V. Who can I Contact with Eligibility Questions
- For General Eligibility Questions - GSA OAP, gsaeligibilitydetermination@gsa.gov
- For GSA SmartPay Questions - Varuna Singh, varuna.singh@gsa.gov