41 C.F.R. Subpart I—Screening of Federal Real Property
Title 41 - Public Contracts and Property Management
If agencies report excess real and related personal property to GSA, GSA conducts a “Federal screening” for the property. Federal screening consists of developing a “Notice of Availability” and circulating the “Notice” among all Federal landholding agencies for a maximum of 30 days. The “Notice of Availability” describes the physical characteristics of the property; it also provides information on location, hazards or restrictions, contact information, and a date by which an interested Federal agency must respond in writing to indicate a definite or potential need for the property. Generally, agencies have 30 days to express written interest in the property. However, sometimes GSA has cause to conduct an expedited screening of the real property and the time allotted for responding is less than 30 days. The Notice of Availability always contains a “respond by” date. Look for the contact information provided in the Notice of Availability. Most likely, an agency will be directed to contact one of GSA's regional offices. An authorized official of the landholding agency must sign the written response to the Notice of Availability. An “authorized official” is one who is responsible for acquisition and/or disposal decisions (e.g., head of the agency or official designee). The landholding agency has 60 days (from the expiration date of the “Notice of Availability”) to submit a formal transfer request for the property. Absent a formal request for transfer within the prescribed 60 days, GSA may, at its discretion, pursue other disposal options. If the written response to the “Notice of Availability” indicates a potential need, then the agency has an additional 30 days (from the expiration date of the “Notice of Availability”) to determine whether or not its has a definite requirement for the property, and then 60 days to submit a transfer request. GSA will attempt to facilitate an equitable solution between the agencies involved. However, the Administrator has final decision making authority in determining which requirement aligns with the Federal Government's best interests. No. GSA may waive the Federal screening for excess real property when it determines that doing so is in the best interest of the Federal Government. Below is a sample list of some of the factors GSA may consider when making the decision to waive Federal screening. This list is a representative sample and is not all-inclusive: (a) There is a known Federal need; (b) The property is located within the boundaries of tribal lands; (c) The property has known disposal limitations precluding further Federal use (e.g., title and/or utilization restrictions; reported excess specifically for participation in the Relocation Program; reported excess for transfer to the current operating contractor who will continue production according to the terms of the disposal documents; directed for disposal by law or special legislation); (d) The property will be transferred to a “potentially responsible party” (PRP) that stored, released, or disposed of hazardous substances at the Government-owned facility; (e) The property is an easement; (f) The excess property is actually a leasehold interest where there are Government-owned improvements with substantial value and cannot be easily removed; (g) Government-owned improvements on Government-owned land, where the land is neither excess nor expected to become excess; or (h) Screening for public benefit uses, except for the McKinney-Vento homeless screening, for specific property disposal considerations (see §102–75.351). Generally, no. GSA believes the timeframes are sufficient for agencies to make a decision and respond. Requests for extensions must be strongly justified and approved by the appropriate GSA Regional Administrator. For example, agencies may request an extension of time to submit their formal transfer request if they are not promptly provided GSA's estimate of FMV after submission of the initial expression of interest. Agencies requesting extensions must also submit an agreement accepting responsibility for providing and funding protection and maintenance for the requested property during the period of the extension until the property is transferred to the requesting agency or the requesting agency notifies GSA that it is no longer interested in the property. This assumption of protection and maintenance responsibility also applies to extensions associated with a requesting agency's request for an exception from the 100 percent reimbursement requirement (see §102–75.205). Agencies must use GSA Form 1334, Request for Transfer of Excess Real and Related Personal Property. Yes. GSA is required by law to obtain full fair market value (as determined by the Administrator) for all real property (see §102–75.190), except when a transfer without reimbursement has been authorized (see §102–75.205). GSA, upon receipt of a valid expression of interest, will promptly provide each interested landholding agency with an estimate of fair market value for the property. GSA may transfer property without reimbursement, if directed to do so by law or special legislation and for the following purposes: (a) Migratory Bird Management under Pub. L. 80–537, as amended by Pub. L. 92–432. (b) Wildlife Conservation under Pub. L. 80–537. (c) Federal Correctional facilities. (d) Joint Surveillance System. GSA can redesignate surplus property as excess property, if the agency requests the property for use in direct support of its mission and GSA is satisfied that this transfer would be in the best interests of the Federal Government. GSA transfers the property via letter assigning “custody and accountability” for the property to the requesting agency. Title to the property is held in the name of the United States; however, the requesting agency becomes the landholding agency and is responsible for providing and funding protection and maintenance for the property. (a) The requesting agency must assume protection and maintenance responsibilities for the property within 30 days of the date of the letter assigning custody and accountability for the property. (b) After notifying the requesting agency, GSA may, at its discretion, pursue other disposal options.
Title 41: Public Contracts and Property Management
PART 102–75—REAL PROPERTY DISPOSAL
Subpart I—Screening of Federal Real Property
§ 102-75.1220 How do landholding agencies find out if excess Federal real property is available?
§ 102-75.1225 What details are provided in the “Notice of Availability”?
§ 102-75.1230 How long does an agency have to indicate its interest in the property?
§ 102-75.1235 Where should an agency send its written response to the “Notice of Availability”?
§ 102-75.1240 Who, from the interested landholding agency, should submit the written response to GSA's “Notice of Availability”?
§ 102-75.1245 What happens after the landholding agency properly responds to a “Notice of Availability”?
§ 102-75.1250 What if the agency is not quite sure it wants the property and needs more time to decide?
§ 102-75.1255 What happens when more than one agency has a valid interest in the property?
§ 102-75.1260 Does GSA conduct Federal screening on every property reported as excess real property?
§ 102-75.1265 Are extensions granted to the Federal screening and response timeframes?
§ 102-75.1270 How does an agency request a transfer of Federal real property?
§ 102-75.1275 Does a requesting agency have to pay for excess real property?
§ 102-75.1280 What happens if the property has already been declared surplus and an agency discovers a need for it?
§ 102-75.1285 How does GSA transfer excess real property to the requesting agency?
§ 102-75.1290 What happens if the landholding agency requesting the property does not promptly accept custody and accountability?
