Senior Assistant General Counsel

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Presentation transcript:

Senior Assistant General Counsel General Services Administration Richard Butterworth Senior Assistant General Counsel richard.butterworth@gsa.gov

General Services Administration Federal Acquisition Service Public Buildings Service Acquisition Construction Leasing Real Property Disposal

Property Act Disposal Process Federal Transfer Public Use Conveyance Negotiated Sale Public Sale Excess PROPERTY AVAILABLE FOR CERTAIN PUBLIC USES UP TO 100% DISCOUNT OFFERED TO PUBLIC AND PRIVATE PARTIES VIA AUCTION OR SEALED BID FAIR MARKET VALUE REQUIRED AGENCY REPORTS PROPERTY EXCESS TO GSA FOR DISPOSITION DETERMINED SURPLUS IF NOT TRANSFERRED TO ANOTHER FEDERAL AGENCY TO ELIGIBLE PUBLIC BODIES FOR OTHER PUBLIC USES FAIR MARKET VALUE REQUIRED USES: HOMELESS AIRPORT CORRECTIONAL EDUCATIONAL HIGHWAY HISTORIC SELF-HELP HOUSING PARK & RECREATION PORT PUBLIC HEALTH POLICE / FIRE WILDLIFE CONSERVATION

Excess Screening and Federal Transfers DETERMINED SURPLUS IF NOT TRANSFERRED TO ANOTHER FEDERAL AGENCY GSA screens excess properties to determine other Federal needs Federal landholding agencies have 30 days to express interest in acquiring property Fair Market Value required unless OMB supports a waiver of payment GSA facilitates federal transfer or declares the property surplus

St. Elizabeth’s Hospital Washington, DC \

Public Use Conveyance Surplus Screening PROPERTY AVAILABLE FOR CERTAIN PUBLIC USES UP TO 100% DISCOUNT Under existing Federal law, States and Local Government bodies and certain Non-profit Institutions may acquire surplus real property at discounts of up to 100% for various types of public use. These uses include: * HOMELESS AIRPORT CORRECTIONS EDUCATION HISTORIC MONUMENT SELF-HELP HOUSING PARK & RECREATION PORT PUBLIC HEALTH EMERGENCY MANAGEMENT WILDLIFE CONSERVATION HIGHWAY NEGOTIATED SALE FOR PUBLIC PURPOSE Homeless Assistance given priority under the McKinney-Vento Homeless Assistance Act

DOE Wayne Interim Storage Superfund Site Wayne, NJ

Negotiated Sale Negotiated Sales TO ELIGIBLE PUBLIC BODIES FOR OTHER PUBLIC USES FAIR MARKET VALUE REQUIRED Property screened for acquisition by state and local governments for a public purpose Economic development considered a public purpose Negotiated sales can also be used for unique circumstance Explanatory Statement required if property value is greater than $100,000 Three-Year Excess Profits Clause, but no other restrictions on use and no sponsoring agency

Volunteer Army Ammunition Plant Chattanooga, TN

Volunteer Army Ammunition Plant Chattanooga, TN

Volunteer Army Ammunition Plant Chattanooga, TN

Competitive Public Sales OFFERED TO PUBLIC AND PRIVATE PARTIES VIA AUCTION OR SEALED BID FAIR MARKET VALUE REQUIRED Sale methods: Sealed Bid, Public Outcry, and Online Fair Market Value Required GSA’s Public Auction Site: http://www.realestatesales.gov

www.RealEstateSales.gov

GSA Role in BRAC GSA delegates its Property Act Authority to DoD for BRAC disposals Differences in BRAC: Economic Development Conveyances Different requirements for homeless assistance accommodation Designated Local Redevelopment Authorities (LRAs) 330 Indemnification GSA supports the military services, as needed, in BRAC disposals with assistance in federal transfers, Public Benefit Conveyances, and sales

Marine Corps Air Station El Toro Irvine, CA

For More Information… Visit our Home Page: https://propertydisposal.gsa.gov Visit our Online Auction Site: http://www.realestatesales.gov