Personal Property Exchange/Sale Waiver Requests
Normally, agencies can use the Exchange/Sale authority without obtaining a waiver from GSA. However, if agencies want to conduct Exchange/Sale transactions for items on the "prohibited list" (Federal Management Regulation (FMR) 102-39.45(a)) or if the transactions will not comply with other provisions in the regulations, then waivers must be obtained from GSA.
Staff members of GSA's Asset Management Center are available to discuss the feasibility of waiver requests, review draft requests, and provide advice and assistance to ensure that requests are complete and well justified.
Exchange/Sale provisions that can/cannot be waived
All of the provisions can be waived except those mandated by statute, e.g., the requirements at FMR 102-39.50(a) that the property exchanged or sold is similar to the property acquired, and at FMR 102-39.50(b) that the property exchanged or sold is not excess or surplus.
Information that must be included in waiver requests
What, specifically, is the proposed transaction (including the type, amount and estimated value of the property to be replaced and the property to be acquired)?
What other disposal options, if any, were considered? (e.g., Would other federal agencies/states be interested in the property? What would be the public sale value?) Why is exchange/sale the preferred option?
What would be the justification i.e. benefits to the government, of the proposed Exchange/Sale transaction(s) (e.g., anticipated cost avoidance/savings)?
When would the proposed transaction(s) occur?
For which FMR provision(s), specifically, (e.g., FMR 102-39.45(a) - the "prohibited list") is a waiver requested?
GSA's primary consideration when evaluating waiver requests
After determining that the proposed action otherwise meets all applicable requirements, GSA's primary consideration is whether the action would serve the best interests of the government.
Requesting agency approval of waiver requests
An official authorized by the agency to take such action must approve the request. The request should also be approved by, or coordinated with, the appropriate official of any parent organization.
Submission of waiver requests
Formal waiver requests should be sent to the General Services Administration, Regulatory Secretariat, Office of Governmentwide Policy, 1275 First Street, NE, Washington, DC 20417.
To expedite processing, a copy of the formal request should be sent to the Division Director, Personal Property Policy Division, MTP, General Services Administration, 1275 First Street, NE, Washington, DC 20417.
GSA's Associate Administrator for Governmentwide Policy must approve waiver requests.
GSA attempts to process waiver requests within 30 working days from the date a complete waiver request is received.