§545 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The General Services Administrator must advertise and take public bids before selling or otherwise disposing of surplus federal property, unless the law allows a different way. The ad must let anyone compete based on the value and type of the property. Bids are opened where and when the ad says, and the sale is given quickly to the responsible bidder whose offer is best for the government (price and other factors). The government can reject all bids if that serves the public interest. The advertising rule does not apply to abandonments, destruction, donations, sales through a contract broker, or certain other kinds of disposal. The Administrator can negotiate sales without public advertising when needed, such as in a declared national emergency, for up to three months for a specific category, to protect health, safety, or national security, for urgent situations, when advertising would hurt an industry, when the property’s fair market value is $15,000 or less, when posted bids are not reasonable, when real property can’t be practically advertised, when selling to a state or local government, or if another law allows it. Realty brokers must publicize availability like in commercial deals. Personal property can be sold at a fixed price if publicized and priced at fair market value for categories the Administrator selects. For negotiated sales above set dollar limits (personal over $15,000; real over $100,000; certain leases and exchanges) an explanatory statement must be sent to Congress beforehand and kept in agency files. Reports must list negotiated disposals over $15,000 for real property or $5,000 for other property unless the explanatory statement was sent. Section 6101(b)–(d) of title 41 does not apply to these disposals.

Title 40, §545

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)(1)(A)Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes.

(B)This subsection does not apply to disposal or a contract for disposal of surplus property—

(i)under subsection (b) or (d); or

(ii)by abandonment, destruction, or donation or through a contract broker.

(2)The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved.

(3)Bids must be publicly disclosed at the time and place stated in the advertisement.

(4)An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so.

(b)Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if—

(1)necessary in the public interest—

(A)during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or

(B)for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;

(2)the public health, safety, or national security will be promoted by a particular disposal of personal property;

(3)public exigency will not allow delay incident to advertising certain personal property;

(4)the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;

(5)the estimated fair market value of the property involved does not exceed $15,000;

(6)after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition;

(7)with respect to real property, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;

(8)the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or

(9)otherwise authorized by law.

(c)Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the availability of the property for disposal.

(d)(1)The Administrator may make a negotiated sale of personal property at a fixed price, either directly or through the use of a disposal contractor, without regard to subsection (a). However, the sale must be publicized to an extent consistent with the value and nature of the property involved and the price established must reflect the estimated fair market value of the property. Sales under this subsection are limited to categories of personal property for which the Administrator determines that disposal under this subsection best serves the interests of the Government.

(2)Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price under this subsection may be offered first to an entity specified in subsection (b)(8) that has expressed an interest in the property.

(e)(1)(A)Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of—

(i)personal property that has an estimated fair market value in excess of $15,000;

(ii)real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)–(v) of this subparagraph;

(iii)real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year;

(iv)real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or

(v)real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property.

(B)An explanatory statement is not required for a disposal of personal property under subsection (d), or for a disposal of real or personal property authorized by any other law to be made without advertising.

(2)The explanatory statement shall be transmitted to the appropriate committees of Congress in advance of the disposal, and a copy of the statement shall be preserved in the files of the executive agency making the disposal.

(3)A report of the Administrator under section 126 of this title must include a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this subsection.

(f)section 6101(b)–(d) of title 41 does not apply to a disposal or contract for disposal made under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 54540:484(e).June 30, 1949, ch. 288, title II, § 203(e), 63 Stat. 386; July 12, 1952, ch. 703, § 1(i), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85–486, July 2, 1958, 72 Stat. 288; Pub. L. 100–612, §§ 3, 4, Nov. 5, 1988, 102 Stat. 3180. In subsection (e)(3), the words “A report” are substituted for “the annual report” for consistency in the revised title. See the revision note under section 126 of this title.

Editorial Notes

Amendments

2011—Subsec. (f). Pub. L. 111–350 substituted “section 6101(b)–(d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.

Statutory Notes and Related Subsidiaries

Disposal of Surplus Property to Local Governments and Nonprofit InstitutionsAct Oct. 3, 1944, ch. 479, § 13, 58 Stat. 770; Sept. 18, 1945, ch. 368, § 2, 59 Stat. 533;

May 3, 1946, ch. 248, § 5, 60 Stat. 169; 1947 Reorg. Plan No. 1, § 501, eff.

July 1, 1947, 12 F.R. 4535, 61 Stat. 952;

July 30, 1947, ch. 404, 61 Stat. 678;

June 10, 1948, ch. 433, §§ 1, 2, 62 Stat. 350;

June 29, 1948, ch. 727, 62 Stat. 1103;

June 30, 1949, ch. 288, title I, § 105, title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 381, 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583; amended Oct. 1, 1949, ch. 589, §§ 1, 5, 63 Stat. 701; Pub. L. 85–726, title XIV, § 1402(c), Aug. 23, 1958, 72 Stat. 807; Pub. L. 87–90,

July 20, 1961, 75 Stat. 211; Pub. L. 91–258, title I, § 52(b)(6),

May 21, 1970, 84 Stat. 235; Pub. L. 91–485, § 5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, § 2, Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, § 524(c), Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, § 7(b),

July 5, 1994, 108 Stat. 1379, provided that: “(a) to (c) [Repealed.

June 30, 1949, ch. 288, title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.] “(d) Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former 50 U.S.C. App. 1611 et seq.] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its

Construction

shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former 50 U.S.C. App. 1621] or this section, unless specifically authorized by Act of Congress. “(e), (f) [Repealed.

June 30, 1949, ch. 288, title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.] “(g) [Repealed. Pub. L. 103–272, § 7(b),

July 5, 1994, 108 Stat. 1379.]”

§545 Procedure for Disposal