41 CFR § 102-38.40 - Negotiated sales conditions.

---
identifier: "/us/cfr/t41/s102-38.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "41 CFR § 102-38.40 - Negotiated sales conditions."
title_number: 41
title_name: "Public Contracts and Property Management"
section_number: "102-38.40"
section_name: "Negotiated sales conditions."
chapter_number: 102
chapter_name: "FEDERAL MANAGEMENT REGULATION"
subchapter_number: "B"
subchapter_name: "PERSONAL PROPERTY"
part_number: "102-38"
part_name: "38—SALE OF PERSONAL PROPERTY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "40 U.S.C. 121(c); 40 U.S.C. 541 through 548, 571, 573 and 574."
regulatory_source: "90 FR 58454, Dec. 16, 2025, unless otherwise noted."
cfr_part: "102-38"
---


# 102-38.40 Negotiated sales conditions.

You may negotiate sales of personal property when:

(a) The personal property has an estimated fair market value that does not exceed $15,000;

(b) The disposal will be to a state, territory, possession, political subdivision, or tax-supported agency, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation;

(c) Bid prices after advertising are not reasonable and re-advertising would serve no useful purpose;

(d) Public exigency does not permit any delay;

(e) The sale promotes public health, safety, or national security;

(f) The sale is in the public interest under a national emergency declared by the President or Congress. This authority may be used only with specific lot(s) of property or for categories determined by GSA for a designated period but not more than three months; or

(g) Selling the property competitively would have an adverse impact on the national economy, provided that the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation.