United
States Patent and Trademark Office
Federal Activities Inventory Process (FAIR)
Challenges
and Appeals Process
The Office of Management
and Budget defines the Challenges and Appeals process in Attachment 1, Section
G.3 of OMB Circular No. A-76 (Revised), Transmittal Memorandum No. 22 dated
August 31, 2000, as follows:
An interested party
may submit to an executive agency an initial challenge to the inclusion
or exclusion of an activity within 30 working days after publication of
OMB’s Federal Register notice stating that the inventory is available. The
challenge must set forth the activity being challenged with as much specificity
as possible, and the reasons for the interested party's belief that the
particular activity should be reclassified as inherently Governmental (and
therefore be deleted from the inventory) or as commercial (and therefore
be added to the inventory) in accordance with OFPP Policy Letter 92-1 on
inherently Governmental functions (see Appendix 5) or as established by
precedent (such as when other agencies have contracted for the activity
or undergone competitions for this or similar activities).
The agency head may
delegate the responsibility to designate the appropriate official(s) to
receive and decide the initial challenges. As mandated by the FAIR Act,
the deciding official must decide the initial challenge and transmit to
the interested party a written notification of the decision within 28 working
days of receiving the challenge. The notification must include a discussion
of the rationale for the decision and, if the decision is adverse, an explanation
of the party's right to file an appeal.
An interested
party may appeal an adverse decision to an initial challenge within 10 working
days after receiving the written notification of the decision Within 10
working days of receipt of the appeal, the official must decide the appeal
and transmit to the interested party a written notification of the decision
together with a discussion of the rationale for the decision. The agency
must also transmit to OMB and the Congress a copy of any changes to the
inventory that result from this process, make the changes available to the
public and publish a notice of public availability in the Federal Register.
Challenges
should be sent to: |
Director, Office of
Corporate Planning
U.S. Patent and Trademark Office
Crystal Park 1, Suite 807
2011 Crystal Drive
Arlington, VA 22202-3513 |
Appeals
should be sent to: |
Mr. Clarence C. Crawford
Chief Financial Officer and Chief Administrative Officer
U.S. Patent and Trademark Office
Crystal Park 2, Suite 909
2121 Crystal Drive
Arlington, VA 22202-3513 |
|