H. R. 2068—24
(2) TITLE.—Title to excess property obtained under this sub-
section vests in the grantee. The grantee shall account for
and dispose of the property in accordance with procedures
governing accountability for personal property acquired under
grant agreements.
(c) EXCEPTION FOR CERTAIN PROPERTY FURNISHED BY SECRETARY
OF AGRICULTURE.—
(1) DEFINITION.—In this subsection, the term ‘‘State’’ means
a State of the United States, Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, the Federated States
of Micronesia, the Marshall Islands, Palau, the Virgin Islands,
and the District of Columbia.
(2) IN
GENERAL.—Under regulations and restrictions the
Administrator may prescribe, subsection (a) does not apply
to property furnished by the Secretary of Agriculture to—
(A) a state or county extension service engaged in
cooperative agricultural extension work under the Smith-
Lever Act (7 U.S.C. 341 et seq.);
(B) a state experiment station engaged in cooperative
agricultural research work under the Hatch Act of 1887
(7 U.S.C. 361a et seq.); or
(C) an institution engaged in cooperative agricultural
research or extension work under section 1433, 1434, 1444,
or 1445 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196,
3221, or 3222), or the Act of October 10, 1962 (16 U.S.C.
582a et seq.), if the Federal Government retains title.
(d) OTHER EXCEPTIONS.—Under regulations and restrictions the
Administrator may prescribe, subsection (a) does not apply to—
(1) property furnished under section 608 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2358), to the extent that the
Administrator determines that the property is not needed for
donation under section 549 of this title;
(2) scientific equipment furnished under section 11(e) of the
National Science Foundation Act of 1950 (42 U.S.C. 1870(e));
(3) property furnished under section 203 of the Department
of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connec-
tion with the Cooperative Forest Fire Control Program, if the
Government retains title; or
(4) property furnished in connection with a grant to a tribe,
as defined in section 3(c) of the Indian Financing Act of 1974
(25 U.S.C. 1452(c)).
§ 526. Temporary assignment of excess real property
(a) ASSIGNMENT OF SPACE.—The Administrator of General Serv-
ices may temporarily assign or reassign space in excess real prop-
erty to a federal agency, for use as office or storage space or
for a related purpose, if the Administrator determines that assign-
ment or reassignment is more advantageous than permanent
transfer. The Administrator shall determine the duration of the
assignment or reassignment.
(b) REIMBURSEMENT FOR MAINTENANCE.—If there is no appropria-
tion available to the Administrator for the expense of maintaining
the space, the Administrator may obtain appropriate reimbursement
from the federal agency.
H. R. 2068—25
§ 527. Abandonment, destruction, or donation of property
The Administrator of General Services may authorize the
abandonment or destruction of property, or the donation of property
to a public body, if—
(1) the property has no commercial value; or
(2) the estimated cost of continued care and handling exceeds
the estimated proceeds from sale.
§ 528. Utilization of excess furniture
A department or agency of the Federal Government may not
use amounts provided by law to purchase furniture if the Adminis-
trator of General Services determines that requirements can reason-
ably be met by transferring excess furniture, including rehabilitated
furniture, from other departments or agencies pursuant to this
subtitle.
§ 529. Annual executive agency reports on excess personal
property
(a) IN GENERAL.—During the calendar quarter following the close
of each fiscal year, each executive agency shall submit to the
Administrator of General Services a report on personal property—
(1) obtained as—
(A) excess property; or
(B) personal property determined to be no longer required
for the purpose of the appropriation used to make the
purchase; and
(2) furnished within the United States to a recipient other
than a federal agency.
(b) REQUIRED INFORMATION.—The report must set out the cat-
egories of equipment and show—
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.
SUBCHAPTER III—DISPOSING OF PROPERTY
§ 541. Supervision and direction
Except as otherwise provided in this subchapter, the Adminis-
trator of General Services shall supervise and direct the disposition
of surplus property in accordance with this subtitle.
§ 542. Care and handling
The disposal of surplus property, and the care and handling
of the property pending disposition, may be performed by the Gen-
eral Services Administration or, when the Administrator of General
Services decides, by the executive agency in possession of the prop-
erty or by any other executive agency that agrees.
§ 543. Method of disposition
An executive agency designated or authorized by the Adminis-
trator of General Services to dispose of surplus property may do
so by sale, exchange, lease, permit, or transfer, for cash, credit,
or other property, with or without warranty, on terms and condi-
tions that the Administrator considers proper. The agency may
execute documents to transfer title or other interest in the property
and may take other action it considers necessary or proper to
dispose of the property under this chapter.
H. R. 2068—26
§ 544. Validity of transfer instruments
A deed, bill of sale, lease, or other instrument executed by or
on behalf of an executive agency purporting to transfer title or
other interest in surplus property under this chapter is conclusive
evidence of compliance with the provisions of this chapter con-
cerning title or other interest of a bona fide grantee or transferee
for value and without notice of lack of compliance.
§ 545. Procedure for disposal
(a) PUBLIC ADVERTISING FOR BIDS.—
(1) REQUIREMENT.—
(A) IN GENERAL.—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 regu-
lations the Administrator prescribes.
(B) EXCEPTIONS.—This subsection does not apply to dis-
posal 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) TIME, METHOD, AND TERMS.—The time, method, and terms
and conditions of advertisement must permit full and free com-
petition consistent with the value and nature of the property
involved.
(3) PUBLIC DISCLOSURE.—Bids must be publicly disclosed at
the time and place stated in the advertisement.
(4) AWARDS.—An award shall be made with reasonable
promptness by notice to the responsible bidder whose bid, con-
forming 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) NEGOTIATED DISPOSAL.—Under regulations the Administrator
prescribes, disposals and contracts for disposal may be negotiated
without regard to subsection (a), but subject to obtaining competi-
tion 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;
H. R. 2068—27
(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) DISPOSAL THROUGH CONTRACT BROKERS.—Disposals and con-
tracts 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 trans-
actions under regulations the Administrator prescribes. The regula-
tions must require that brokers give wide public notice of the
availability of the property for disposal.
(d) NEGOTIATED SALE AT FIXED PRICE.—
(1) AUTHORIZATION.—The Administrator may make a nego-
tiated 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) FIRST
OFFER.—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) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—
(1) REQUIREMENT.—
(A) IN GENERAL.—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 prop-
erty disposed of by exchange, regardless of value, or