Does the site selection process require a competitive procurement?
There is no legal requirement that GSA obtain competition in selecting sites for public buildings, nor is GSA required to solicit proposals for the sale of sites by public advertisement. In particular, 40 U.S.C. ? 3304 (formerly Section 5 of the Public Buildings Act of 1959, 40 U.S.C. ? 604) provides in pertinent part: “(b) Acquisition of Land or Interest in Land for Use as Sites. The Administrator may acquire land or an interest in land the Administrator considers necessary for use as sites, or additions to sites, for public buildings authorized to be constructed or altered under this chapter.” “(d) Solicitation of Proposals for Sale, Donation, or Exchange of Real Property. When the Administrator is to acquire a site under subsection (b), the Administrator, if the Administrator considers it necessary, by public advertisement may solicit proposals for the sale, donation, or exchange of real property to the Federal Government to be used as the site. In selecting a site under subsection
