[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR643.24]

[Page 92]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 643--REAL ESTATE--Table of Contents
 
                            Subpart B--Policy
 
Sec. 643.24  Policy--Competition.

    The use of real estate under the control of DA for private purposes 
will be granted only after reasonable efforts have been made to obtain 
competition for its use, through advertising. Advertising is any method 
of public announcement intended to aid directly or indirectly in 
obtaining offers on a competitive basis. Advertising may be accomplished 
by circulating and posting notices and by paid advertising in newspapers 
and trade journals. The purpose of seeking competition is to afford all 
qualified persons equal opportunity to bid for the use of the property, 
to secure for the Government the benefits which flow from competition, 
and to prevent criticism that favoritism has been shown by officers or 
employees of the Government in making public property available for 
private use. Although the lease of Government real estate to civilians 
employed by the military departments or officers or enlisted personnel 
of the Armed Forces is not prohibited by law, it is essential that 
extreme care be exercised to avoid favoritism or the appearance of 
favoritism. Generally leases to Federal Government personnel will be 
granted only after competitive bid under the sealed bid method. The 
provisions of this paragraph do not affect the authority contained in AR 
210-10 and 210-50 for furnishing quarters to civilian employees of DA. 
Also the provisions of this paragraph do not affect the use of Federal 
facilities by uniformed personnel as may be otherwise provided for. 
Other exceptions to the advertising policy are as follows:
    (a) Granting easements, leases and licenses to public agencies and 
public utilities.
    (b) Granting permits to other Federal agencies.
    (c) Leasing cable pairs.
    (d) Leases or licenses to utility companies having an exclusive 
franchise in the area, for space on Government-owned poles for attaching 
their electric transmission communication lines.
    (e) COE is authorized to grant a waiver of competition upon a 
determination that it will promote the national defense or will be in 
the public interest or upon a determination that competition is 
impracticable.

[[Page 93]]