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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 41 - Public Contracts and Property Management |
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Subtitle C - Federal Property Management Regulations System |
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Chapter 102 - Federal Management Regulation |
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SubChapter B - Personal Property |
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Part 102-38 - Sale of Personal Property |
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Subpart B - Sales Process |
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Negotiated Sales |
§ 102-38.105 - Under what conditions may we negotiate sales of personal property?
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§ 102-38.105 Under what conditions may we negotiate sales of personal property?
You may negotiate sales of personal property when -
(a) The personal property has an estimated fair market value that does not exceed $15,000;
(b) The disposal will be to a State, territory, possession, political subdivision thereof, or tax-supported agency therein, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation;
(c) Bid prices after advertising are not reasonable and re-advertising would serve no useful purpose;
(d) Public exigency does not permit any delay such as that caused by the time required to advertise a sale;
(e) The sale promotes public health, safety, or national security;
(f) The sale is in the public interest under a national emergency declared by the President or the Congress. This authority may be used only with specific lot(s) of property or for categories determined by the Administrator of General Services for a designated period but not in excess of three months;
(g) Selling the property competitively would have an adverse impact on the national economy, provided that the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation, e.g., sale of large quantities of an agricultural product that impact domestic markets; or
(h) Otherwise authorized by Title 40 of the U.S. Code or other law.