Normally, agencies can use the exchange/sale authority without obtaining a deviation from GSA, presuming the planned transactions are in accordance with Federal Management Regulation (FMR) 102-39. However, if agencies want to conduct transactions which are prohibited or restricted under FMR 102-39, then a deviation must be requested and approved. For example, a commonly requested deviation includes transactions involving items on the “prohibited list” at FMR 102-39.60(a). Staff members of GSA’s Personal Property Management Policy Division are available to discuss the feasibility of deviation requests, review draft requests, and provide advice and assistance to ensure that requests are complete and well justified.
Exchange/Sale provisions that cannot be granted a deviation
All provisions of FMR 102-39 can be granted a deviation except those mandated by statute. For example, the requirements at FMR 102-39.65(a) that the property exchanged or sold is similar to the property acquired, and at FMR 102-39.65(b) that the property exchanged or sold is not excess or surplus and that you have a continuing need for the property. Additionally, it was determined in consultation with OMB that GSA does not have the authority to issue deviations to FMR 102-39.80 due to concerns with appropriations law constraints.
Information that must be included in deviation requests
- What, specifically, is the proposed transaction (including the type, amount, and estimated value of the property to be replaced and the property to be acquired)?
- What would be the business-case justification (i.e., benefits to the Government) of the proposed exchange/sale transaction(s) (e.g., anticipated cost avoidance/savings)?
- When would the proposed transaction(s) occur?
- For which FMR provision(s), specifically, (e.g., FMR 102-39.60(a) - the “prohibited list”) is a deviation requested?
GSA’s primary consideration when evaluating deviation requests
After determining that the proposed action otherwise meets all applicable requirements, GSA’s primary consideration is whether the action would serve the best interests of the Government.
Requesting agency approval of deviation requests
An official authorized by the agency to take such action must approve the request. The request should also be approved by, or coordinated with, the appropriate official at the agency headquarters level.
Submission of deviation requests
Deviation requests should be emailed to William Garrett, Director of the Personal Property Management Policy Division, General Services Administration, at william.garrett@gsa.gov.
GSA’s Associate Administrator for Government-wide Policy must approve deviation requests. GSA attempts to process deviation requests within 30 working days from the date a complete deviation request package is received. Scenarios involving complex transactions or unusual situations will usually take longer.
U.S. General Services Administration