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The ABCs of Real Estate Disposal . Office of Real Property Utilization & Disposal. Lisa Tangney The General Services Administration May 15 – 17, 2012. What Does Office of Real Property Utilization & Disposal Do?.
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The ABCs of Real Estate Disposal Office of Real Property Utilization & Disposal Lisa TangneyThe General Services AdministrationMay 15 – 17, 2012
What Does Office of Real Property Utilization & Disposal Do? • Acts as the Federal Government’s real estate broker – striving to be a one-stop agency for both our internal and external customers • Manages the use and disposal of surplus real property government-wide • Provides a network of market contacts in the public and private sectors It is our mission to assist you . . .
How can we help? • Lets Start with a Targeted Asset Review (TAR) • This is a real estate utilization study to assist land-holding agencies (LHA’s) with real property asset management, by: • Increasing an agency’s knowledge of individual assets. • Understanding the role of each asset in supporting agency mission objectives. • Examining current and future utilization alternatives. • Collecting and organizing title, environmental, historic, public lands and cultural information. • Identifying real estate and community issues affecting the property.
TAR’s (cont’d) • GSA makes recommendations based on the TAR and agency needs • The finished report is forwarded to the LHA for review and the LHA makes a decision on how to proceed. • Good news: Basic TAR’s are currently fully funded by GSA’s under authorities contained in GSA’s Appropriation.
TAR’s done: Now what? • If there is no mission need for the property and the decision is to dispose of it, then: 1) If the LHA has disposal authority: LHA may proceed on its own, or hire GSA to complete the disposal action. 2) If the LHA doesn’t have disposal authority then it must prepare a Report of Excess (ROE) to be forward GSA to dispose property.
Report of Excess • Starting with the information in the TAR, the LHA will prepare a Report of Excess (ROE) • The ROE will have: basic information on who is reporting the property excess, contact information, property location, size, legal description, disposal check list , plat maps, environmental base line survey, determination of historical eligibility, pictures etc. • The ROE is sent to GSA for review and acceptance OR
ROE Wizard • Go green with the new GSA “ROE Wizard” • The “Wizard” will guide you through the ROE process. • It prompts the user to be sure all the necessary documents are included . • It allows the user to request approvals and certifications electronically. • E-mails the finished document to the correct GSA office. • https://propertydisposal.gsa.gov
ROE Wizard Features • Agency (.gov, .mil) access from Home Page. • Edit, save and download SF 118 and checklists. • Upload unlimited documents. • E-mail routing to concurring and approving official(s). • Auto-submission to the correct GSA region. • Go green – no hardcopy needed.
Disposal Process: Excess Property • Step 1: GSA reviews and accepts the ROE. • Step 2: Excess property is screened for 30 days, to see if there is Federal need for the property. • If there is another Federal need: • Federal Agencies are required to pay Fair Market Value (FMV) or request a waiver of paying FMV from OMB/GSA. • If approved the transfer is completed by letter. • The transfer is complete – Case closed . • If there is no Federal interest the property is declared Surplus to the Government’s needs.
Disposal Process: Surplus property Step 3: Screening of Surplus property for Public Benefit Conveyance (PBC) • GSA notifies the Congressional Delegation, Governors Office, Local government that the property is surplus and available for a PBC. • Screening will include the list of PBC’s and sponsoring agency contacts. • Applicants have 20 days (60 days for Homeless) to respond with a letter of interest.
Public Benefit Conveyance (PBC) • The following is a list of PBC’s available to state and local governments and some non-profit groups with up to 100% discount: • Park and Recreation Port Facility / Public Airport • Public Health Wildlife/Conservation • Educational Negotiated Sale (FMV) • Correctional Homeless • Law Enforcement Special Legislation
Public Benefit Conveyance (PBC) cont’d • Sponsoring agency reviews and approves an application. • Title will be conveyed by Quit Claim deed. • Covenants limiting the use of the property to the sponsor’s program are incorporated in the deed. • Other covenants and notices frequently included are: CERCLA, Historic Preservation, Non discrimination, Lead Base Paint, and Asbestos, etc.
Public Benefit Conveyance (PBC) cont’d • Property is conveyed to the Grantee: Case closed • Compliance inspections will be made at regular intervals to insure the grantee’s compliance with the covenants restrictions. • If the Grantee violates the covenant(s) the property may be reverted back to Federal ownership. • If there is no PBC application received and approved GSA proceeds to Public Sale.
Public Sale • GSA develops a marketing plan • Prepares sales information/Invitation for Bid document • Appraises the property (contract appraiser). • Sale conducted by: • Sealed bid • Live auction • On line auction (www.gsaauctions.gov) • Combination of methods
Award Bid/ Close Sale • If GSA receives an acceptable offer: • Award the bid and prepare Quit Claim Deed. • Closing the sale: • Collect the balance owed on sale. • Proceeds from sale will be deposited in the Treasury Land and Water Conservation Fund or • If the LHA is authorized to retain proceeds, the cost of sale is deducted, and the balance of funds are given to the LHA.
Real Property Relocation Program • Relocate an agency from high value, but obsolete or underutilized facilities. • Allow for immediate disposal: • No excess/surplus screenings. • Disposal (GSA) pays for costs of relocation to the new facility, and reimburses itself from sale of old facility.
Relocation: program Benefits • Acquisition and moving expenses paid for by GSA. • Release high-value, underutilized properties. • Relocate agencies to more modern, efficient sites. • Market and sell vacated property quickly. • Direct to sale; NO Federal or PBC screening. • Return proceeds to the Federal Government.
Criteria • LHA must have an active mission-related function that can be relocated in the same commuting area. • Current property is considered economically excess, not functionally excess. • Government return on investment in relocation costs should exceed a 2:1 ratio. • Thirty year discounted cash flow analysis must show a cost savings as a result of the relocation.
Other Real Estate ServicesAvailable services include: • Appraisals • Site Acquisition • Tars • Relocation • Training-3 Day PZ Course • Land use studies • Historic Compliance • Environmental Solutions • Land Surveys & Title Search • Exchanges • Retention/Disposal Studies • Report of Excess Assistance • Property preparation for sale (clean-up, signage, etc. )
Who Pays for the Services? • Disposal has funds available to pay for certain studies, which result in a disposal action (i.e. TARs). • Disposal pays for relocation and reimburses itself out of sales proceeds. • Other services available on a reimbursable basis (e.g., environmental studies, appraisals, etc.) through an RWA. • LHA is only charged the actual contract cost and staff time.
Real Estate Disposal Authorities Overview: • Federal Property & Administrative Services Act of 1949 • CFR- title 41- Public Contracts & Property Management • Stewart B. McKinney Homeless Assistance Act • Economy Act • Federal Management Requirements • Executive Order 13327 Federal Real Property Assets
How is a Service Requested? • Contact any GSA Utilization & Disposal Office. • Provide information about the property. • The Realty Specialist will conduct a needs assessment and propose studies tailored to your current needs.
Office of Real Property Utilization & Disposal Contacts: • Zone 1: John Kelly – Boston, MA john.kelly@gsa.gov or (617) 565-5700 • Zone 4: Rob Miller – Atlanta, GA rob.miller @gsa.gov (404) 331-5133 • Zone 7: Melvin Freeman – Fort Worth, TX melvin.freeman@gsa.gov or (817) 978-2331 • Zone 9: Clark Vanepps – San Francisco, CA clark.vanepps@gsa.gov or (415) 522-3420 • Zone 11: Tim Sheckler – Washington, DC tim.sheckler@gsa.gov or (202) 708-5867
. Resources • https://propertydisposal.gsa.gov • https://rc.gsa.gov • www.gsaauctions.gov www.realestatesales.gov (online auction)