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ABOUT THE WHITE HOUSE
August 15, 2003
M-03-20
MEMORANDUM FOR THE
HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM: |
Joshua B. Bolten
Director |
![Joshua B. Bolten](https://webarchive.library.unt.edu/eot2008/20090123010714im_/http://www.whitehouse.gov/assets/omb/images/bolten_signature.jpg) |
SUBJECT: |
Technical Correction to OMB Circular
No. A-76, "Performance of Commercial Activities" |
This memorandum is intended
to advise you of a technical correction to paragraph D.2. of Attachment
A of Office of Management and Budget (OMB) Circular No. A-76. This provision
addresses the submission of challenges by interested parties to inventories
of the commercial and inherently governmental activities performed by agency
personnel.
Paragraph D.2. of Attachment A states, among other things, that an inventory
challenge shall be limited to "(a) the reclassification of an activity
as inherently governmental or commercial, or (b) the application of reason
codes." With respect to clause (a), OMB intends to permit interested
parties to challenge the inclusion of an activity on, or exclusion of an
activity from, an agency inventory, regardless of whether the activity's
classification as commercial or inherently governmental has changed from
the prior year or has remained the same. Accordingly, as was the case under
the Circular in effect prior to the May 29th revisions, challenges may address
classifications or reclassifications of activities as either commercial
or inherently governmental.
The attached technical correction to Paragraph D.2. is meant to avoid confusion
and ensure OMB's intent is clear regarding the ability of an interested
party to challenge the inclusion or exclusion of an activity. No other changes
are made to Paragraph D.2 by this memorandum.
Questions regarding this technical clarification may be addressed to Mathew
Blum of the Office of Federal Procurement Policy at (202) 395-4953.
Attachment
Attachment
Technical Correction to OMB Circular No. A-76
(Revised, May 29, 2003)
1. Paragraph D.2. of Attachment A to Circular No. A-76 is revised to
read as follows:
"2. Submission of an Inventory Challenge. After publication of
OMB’s Federal Register notice stating that an agency’s inventories
are available, an interested party shall have 30 working days to submit
a written inventory challenge. The inventory challenge shall be limited
to (a) the classification of an activity as inherently governmental
or commercial, or (b) the application of reason codes. Function codes
shall not be subject to the inventory challenge process. A written inventory
challenge shall be submitted to agency inventory challenge authorities
and shall specify the agency, agency component, agency organization,
function(s), and location(s) for the activities being challenged."