[Code of Federal Regulations] [Title 41, Volume 3] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR102-75.35] [Page 139] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 102--FEDERAL MANAGEMENT REGULATION PART 102-75--REAL PROPERTY DISPOSAL--Table of Contents Sec. 102-75.35 What are Executive agencies' responsibilities concerning the disposal of surplus property? Executive agencies must obtain from GSA a determination that their excess real property is not needed for Federal use and is surplus to the needs of the Federal Government. After receiving this determination, Executive agencies, upon approval from GSA, must expeditiously make the surplus property available for acquisition by State and local governmental units and nonprofit institutions (see Sec. 102-75.55) or for sale by public advertising, negotiation, or other disposal action. Executive agencies must consider the availability of real property for public purposes on a case-by-case basis, based on highest and best use and estimated fair market value. See Sec. 101-47.202-2(b) of this title for the requirements for reporting excess real property. Where hazardous substance activity is identified, see Sec. 101-47.304-14 of this title for required information that the disposal agency must incorporate into Invitation for Bids/Offers to Purchase.