general services administration richard butterworth senior assistant general counsel...
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General Services AdministrationRichard Butterworth
Senior Assistant General Counsel [email protected]
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General Services Administration
• Federal AcquisitionService
• Public Buildings Service– Acquisition– Construction– Leasing– Real Property Disposal
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Property Act Disposal Process
ExcessFederal Transfer
Public UseConveyance
NegotiatedSale
PublicSale
AGENCYREPORTS
PROPERTYEXCESS TO
GSA FORDISPOSITION
DETERMINED SURPLUS IF NOT TRANSFERREDTO ANOTHER
FEDERAL AGENCY
PROPERTY AVAILABLE
FOR CERTAIN PUBLIC
USESUP TO 100%DISCOUNT
TO ELIGIBLEPUBLIC BODIES
FOR OTHERPUBLIC USES FAIR MARKET
VALUE REQUIRED
OFFERED TO PUBLIC AND
PRIVATE PARTIES VIAAUCTION ORSEALED BID
FAIR MARKET VALUE
REQUIRED
HOMELESSAIRPORT
CORRECTIONALEDUCATIONAL
HIGHWAYHISTORIC
SELF-HELP HOUSINGPARK & RECREATIONPORTPUBLIC HEALTHPOLICE / FIREWILDLIFE CONSERVATION
USES:
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Excess Screening and Federal Transfers
• 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
DETERMINED SURPLUS IF
NOT TRANSFERREDTO ANOTHER
FEDERAL AGENCY
Federal Transfer
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St. Elizabeth’s HospitalWashington, DC
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Surplus Screening
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:
PROPERTY AVAILABLE
FOR CERTAIN PUBLIC USES
UP TO 100%DISCOUNT
Public Use Conveyance
* HOMELESS AIRPORT
CORRECTIONSEDUCATION
HISTORIC MONUMENT
SELF-HELP HOUSINGPARK & RECREATION
PORTPUBLIC HEALTH
• Homeless Assistance given priority under the McKinney-Vento Homeless Assistance Act
EMERGENCY MANAGEMENTWILDLIFE CONSERVATION
HIGHWAYNEGOTIATED SALE FOR PUBLIC
PURPOSE
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DOE Wayne Interim Storage Superfund Site Wayne, NJ
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Negotiated Sales
• 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
TO ELIGIBLEPUBLIC BODIES
FOR OTHERPUBLIC USES
FAIR MARKET VALUE
REQUIRED
Negotiated Sale
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Volunteer Army Ammunition PlantChattanooga, TN
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Volunteer Army Ammunition PlantChattanooga, TN
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Volunteer Army Ammunition PlantChattanooga, TN
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Competitive Public Sales
• Sale methods: Sealed Bid, Public Outcry, and Online
• Fair Market Value Required
• GSA’s Public Auction Site: http://www.realestatesales.gov
Public Sale
OFFERED TO PUBLIC AND
PRIVATE PARTIES VIAAUCTION ORSEALED BID
FAIR MARKET VALUE
REQUIRED
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www.RealEstateSales.gov
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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
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Marine Corps Air Station El ToroIrvine, CA
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For More Information…
Visit our Home Page:
https://propertydisposal.gsa.gov
Visit our Online Auction Site:
http://www.realestatesales.gov