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B-188246 1 (1978-05-17)

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B-188246


             DATE: May 17, 1978
General Services Administration--
Request for Adaance Decision


DIGEST:

     Letter from military department to General
     Services Administration (GSA) stating that
     certain Govesnment-owned property may be con-
     sidered erass  if sale can be arranged does
     not prohibit military department from leasing
     property pursuant to 10 U.S.C. 5 2667 because
     letter did not constitute final determination
     that property was excess and GSA knew depart-
     ment was considering leasing property and
     voiced no objection.

     The General Services Administration (GSA) requests
 sa opinion regarding the validity and enforceability
 of a lease which the Air Force has enternd into with
 Martin-Maricotta Aluminum, In:. (MMA). The issze pre-
 sented is whether a letter, dAted November 16, 1973,
 from the Air 7orce's Chief of Industrial Resources to
 GSA's Assistant Commissioner for Real Property can be
 accorded the legal effect of divesting the Secretary
 of the Air Force of his authority under 10 U.S.C. S
 2667 (1976) (Lease Act) to lease certain property.

     The letter reads in psetinent part as follows:


Refercnce is made to recent meetings be-
tween GSA, Air Force and Martin Marietta
Aluminum regarding the recent lease-sale
appraisal of Government-owned facilities
at Torrance, California.
       *     *     *     *    *

0If the contractor is willing to pay the
asking price or will seriously negotiate
for purchase at an acceptable price, this
letter may be used as the report of excess
for the negotiated sale of the property to


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