Usually, government agencies can exchange/sale personal property without GSA’s permission, as long as the transactions follow 41 CFR 102-35.15, Deviations.
However, if an agency wants to make a transaction that 41 CFR 102-35.15 does not allow or restricts, they must ask us for a deviation. A common reason for a deviation request is for items on the “prohibited list” (41 CFR 102-39.20, Restrictions and Prohibitions).
Our Asset Management Policy Division can help you. They can discuss if your request is likely to be approved, look over your draft request, and offer advice to make sure your request is complete and clearly explained.
Exchange/Sale rules that cannot be changed
We can grant a deviation to any part of 41 CFR 102-35, Disposition of Personal Property unless a federal law prohibits it. For example, we cannot grant a deviation to the rules requiring:
- The property you trade or sell must be similar to the property you acquire.
- The property you trade or sell cannot be excess or surplus, and you must still need it.
We cannot grant exceptions to 41 CFR 102-39.3, Accounting Requirements.
Information required in your deviation request
Your deviation request must include:
- Details of the proposed transaction: What exactly are you exchanging/selling and acquiring? Include the type, amount, and estimated value of both properties.
- Business justification: Why is this a good deal for the government? (e.g., how much money will the government save or avoid spending?)
- Timing: When do you plan to do the transaction(s)?
- Specific rule: Which FMR rule (e.g., 41 CFR 102-39.2, Restrictions and Prohibitions) are you asking GSA to make an exception to?
GSA’s main decision factor
Once we confirm the proposed action meets all other rules, our main concern is whether the action is in the best interest of the Government.
Agency approval of the request
The deviation request must be approved by an official authorized by your agency to take such action. It should also be approved by, or discussed with, the appropriate official at your agency’s headquarters.
How to submit your deviation request
Email your deviation request to the Asset Management Policy Division at personalpropertypolicy@GSA.gov
Processing time
Our Associate Administrator for Government-wide Policy must approve all deviation requests. We aim to process complete requests within 30 working days. Complex or unusual situations will usually take longer.