The Federal Activities Inventory Reform Act of 1998 (FAIR Act), Public Law 105-270, signed into law on October 19, 1998, directs Federal agencies to submit an annual inventory of commercial activities which are not inherently governmental, but which are being performed by Federal employees. The US Department of Education (ED) is providing the following information in accordance with the FAIR Act and guidance from the Office of Management and Budget (OMB).
Background - 2005 Activities Inventory - Inventory Challenges and Appeals
Questions Regarding ED's 2005 Inventory - Links to FAIR Guidance
Below is a link to download the US Department of Education's (ED) 2005 Activities Inventory. The inventory was prepared in accordance with the FAIR Act, OMB Circular A-76, Revised May 29, 2003, and other OMB guidance. This year's inventory includes the number of ED Full-time Equivalent (FTE) employees performing functions that could be considered commercial in nature as well as functions that are inherently governmental. After review by OMB, the Department is hereby making the inventory available to the public.
Several years ago, the Department undertook an aggressive effort to contract out its major activities. Contractors now perform the following activities:
As a result of its effort to outsource, ED's FTE staff dropped from approximately 7,500 in 1980 to its current level of around 4,663. ED is the smallest Federal department.
The inventory is available in MS Excel format.
MS Excel (188K) - US Department of Education 2005 Activities Inventory
MS Excel (18K) - Fiscal Year 2005 Inventory Summary
Under Section 3 of the FAIR Act, ED's decision to include or exclude a particular activity on or from the Commercial Activities Inventory is subject to administrative challenge and appeal by "interested parties." Section 3(b) of the FAIR Act defines an "interested party" as:
After publication of OMBs Federal Register notice stating that EDs 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 reclassification 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.
Within 28 working days of receiving the inventory challenge, ED inventory challenge authorities shall (a) validate the commercial or inherently governmental categorization or reason code designation of the activity, in a written inventory challenge decision; and (b) transmit the inventory challenge decision, including the rationale for the decision, to the interested party. ED inventory challenge authorities shall include an explanation of the interested partys right to file an appeal in any adverse challenge decision.
Upon receipt of an adverse inventory challenge decision, an interested party shall have 10 working days to submit a written appeal of this decision to ED inventory appeal authorities.
Within 10 working days of receipt of the appeal, ED inventory appeal authorities shall issue and transmit a written inventory appeal decision to the interested party. This inventory appeal decision shall include the rationale for the decision.
When the inventory challenge process results in a change to ED's inventory, ED shall (a) transmit a copy of the change to OMB and Congress; (b) make these changes available to the public; and (c) publish a notice of public availability in the Federal Register.
US Department of Education
Office of the Chief Financial Officer
ATTN.: Gary Weaver, PCP, RM. 7158
400 Maryland Ave., SW
Washington, DC 20202-4200
OMB FAIR Act Users Guide OMB developed this guide to assist the public in reviewing and understanding the commercial activities inventories developed by agencies under the FAIR Act. Includes the list of Activity/Function codes and explanations of Reason Codes.
FAIR Act of 1998 The Federal Activities Inventory Reform Act of 1998 (Public Law 105-270), provides a process for identifying the functions of the Federal Government that are not inherently governmental functions, and for other purposes.
US Department of Education Contract Information Contains currently available RFP's, Forecast of Contract Opportunities, FedBizOpps Notices and other information for organizations wishing to do business with ED.
Last Modified: 08/31/2007
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