TITLE 32 - NATIONAL DEFENSE

SUBTITLE A - DEPARTMENT OF DEFENSE

CHAPTER V - DEPARTMENT OF THE ARMY

SUBCHAPTER J - REAL PROPERTY

PART 643 - REAL ESTATE

subpart b - POLICY

643.24 - PolicyCompetition.

The use of real estate under the control of DA for private purposes will be granted only after reasonable efforts have been made to obtain competition for its use, through advertising. Advertising is any method of public announcement intended to aid directly or indirectly in obtaining offers on a competitive basis. Advertising may be accomplished by circulating and posting notices and by paid advertising in newspapers and trade journals. The purpose of seeking competition is to afford all qualified persons equal opportunity to bid for the use of the property, to secure for the Government the benefits which flow from competition, and to prevent criticism that favoritism has been shown by officers or employees of the Government in making public property available for private use. Although the lease of Government real estate to civilians employed by the military departments or officers or enlisted personnel of the Armed Forces is not prohibited by law, it is essential that extreme care be exercised to avoid favoritism or the appearance of favoritism. Generally leases to Federal Government personnel will be granted only after competitive bid under the sealed bid method. The provisions of this paragraph do not affect the authority contained in AR 21010 and 21050 for furnishing quarters to civilian employees of DA.

Also the provisions of this paragraph do not affect the use of Federal facilities by uniformed personnel as may be otherwise provided for.

Other exceptions to the advertising policy are as follows: (a) Granting easements, leases and licenses to public agencies and public utilities.

  (b) Granting permits to other Federal agencies.

  (c) Leasing cable pairs.

  (d) Leases or licenses to utility companies having an exclusive franchise in the area, for space on Government-owned poles for attaching their electric transmission communication lines.

  (e) COE is authorized to grant a waiver of competition upon a determination that it will promote the national defense or will be in the public interest or upon a determination that competition is impracticable.