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B-165868 1 (1971-06-30)

handle is hein.gao/gaobadaix0001 and id is 1 raw text is: 



              COMPTROLLER GENERAL, OF THE UNITED STATES
                        WASHINGTON. D.C. 20548



B-165868
                                         JUN  30  1971



Deer Mr. Murphy:

     Further reference  is made to your request of December 1, 1970,
for additional information concerning the possible  exchange of
Miller Field, Staten Island, New York,  for the Willard Hotel, Wash-
ington, D. C., by the General  Services Administration, which was
the subject of our letters to you  of July 21 and September 29, 1970.

     You request our report on all  aspects of plans for disposal of
Miller Field.  In particular, you  question GUA'a reliance on unuaual
circumstances as justifying  negotiation of the exchange and by-
passing the screening of other  Federal agencies for possible interest
in use of the property.   In this connection, you state your under-
standing that while GSA  is considering the request of the Depart.
ment of Health,  Education and Welfare for 25 acres to turn over to
the City of New York  for a high school, it is not granting the
same consideration to the  Post Office Department's request for 10
acres for a new Post Office.  You  also state your understanding
that other  Federal agencies have expressed interest in the property,
In this regard, you ask  to be advised whether there are priorities
among the Federal  agencies established by law and what discretion
GSA has in the matter.   Finally, you want to know if there is any
law under which the  local cammunity would be entitled to express its
needs and desires through  hearings and consultations or to stop the
proposed  exchange.

     We previously advised you  that under section 203(a) of the
Federal Property and Administrative  Services Act of 1949 (the Act),
as amended, 4o U.S.C.  484(a), the Administrator of GSA is granted
supervision and direction  over disposition of surplus property.
Section 203(c) of  the Act, 4o u.s.c. 484(c) j provides authority to
dispose of  surplus property by sale, exchange, lease, permit or
transfer,  for cash, credit, or other property, and upon such terms
and conditions as the Administrator  deens proper.  Disposals and
contracts for disposal  of surplus real property may be negotiated
pursuant to  section 203(e) (3) (G) of the Act, 0 U.s. c. 484 (e) (3)
(g)) if the  character or condition of the property or unusual
circumatances make it  impractical to advertise publicly for
- ipet-itive-bids -and-the-fair-market-value-of-the-property and other_

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