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Background
SSA’s mission involves the responsibility
of administering over $600 billion in annual benefits to almost
60 million people. The Social Security and Supplemental Security
Income programs SSA administers combined represent the largest
government program – nearly one in six Americans receives
benefits from these programs. Much of SSA’s workforce is
dedicated to providing service to the public on a day-to-day basis.
Our public service employees regularly exercise discretion in applying
Government authority and make value judgments in decisions regarding
entitlement of individuals to monetary benefits from the Social
Security trust funds and general revenues appropriated by Congress.
These employees also evaluate evidence and take actions that serve
to protect the integrity of these funds (i.e., fraud investigations).
Most of these positions are considered to be inherently governmental
as they have the authority and responsibility to make a variety
of entitlement and payment decisions that commit the Government
to a course of action and are intimately related to the public
interest. These positions include activities such as:
- In over 1,300 local offices, taking claims for benefits, making
determinations of entitlement and benefit amount, processing
payment and post entitlement actions, interpreting complex laws
and administrative guidelines, etc.;
- In teleservice centers, responding to claims-related inquiries
from the public, processing payments and post-entitlement actions,
etc.;
- In processing centers, adjudicating claims, processing payments
and post-entitlement actions, posting earnings to individual
records, etc.;
- In hearings and appeals offices, holding hearings and making
determinations of entitlement.
Other SSA activities that are more likely to be classified as
commercial in nature include systems operations and programming
functions, mailroom operations, facilities, publications, security,
clerical and debt management functions, etc.
Fiscal Year 2007 Inventory
Process
SSA compiled its FY 2007 FAIR Act inventory based on the efforts
of an SSA-wide workgroup, whose representatives examined each component’s
activities and made an assessment of those that are commercial
in nature. About 10,417 SSA positions (16.5 percent of the Agency
total) are being reported in one of the commercial activity reason
codes. In an effort to ensure an accurate inventory and consistent
treatment of all activities, workgroup representatives reevaluated
many of the commercial positions included on prior inventories.
The Commissioner, SSA, performed a final review of the inventory
and approved those activities determined to be commercial in nature.
Consistent with Office of Management and Budget (OMB) guidance,
the inventory includes inherently governmental positions.
Challenge and Appeal Process
Under Section 3 of the FAIR Act, SSA’s decision to include
or exclude a particular activity on or from the inventory is subject
to administrative challenge and appeal by “interested parties” as
defined by Section 3 (b) of the Act. An interested party is defined
as:
- A private sector source that (A) is an actual or prospective
offeror for any contract or other form of agreement to perform
the activity; and (B) has a direct economic interest in performing
the activity that would be adversely affected by a determination
not to procure the performance of the activity from any private
source;
- A representative of any business or professional association
that includes within its membership private sector sources referred
to in 1. above;
- An officer or employee of an organization within an executive
agency that is an actual or prospective offeror to perform the
activity; or
- The head of any labor organization referred to in Section 7103
(a) (4) of title V, United States Code that includes within its
membership officers or employees of an organization referred
to in 3. above.
Submission of an Inventory Challenge. After publication
of OMB’s Federal Register notice stating that SSA’s
inventories are available, an interested party shall have 30 working
days to submit a written 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.
Inventory Challenge Decision. Within 28 working
days of receiving the inventory challenge, the inventory challenge
authority shall (a) validate the commercial or inherently governmental
categorization or reason code 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.
Inventory challenge authorities shall include an explanation of
the interested party’s right to file an appeal in any adverse
challenge decision.
Submission of an Appeal of an Inventory Challenge Decision. Upon
receipt of an inventory challenge decision an interested party
shall have 10 working days to submit a written appeal of this decision
to inventory appeal authorities.
Inventory Appeal Decision. Within 10 working
days of receipt of the appeal, inventory appeal authorities shall
issue and transmit a written inventory appeal decision to the interested
party. The inventory appeal decision shall include the rationale
for the decision.
Inventory Changes. When the inventory challenge
process results in a change to SSA’s inventory, the Agency
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.
Submit Challenges and Appeals to:
Social Security Administration
Competitive Sourcing Staff
Attn: Dennis Wilhite
2126 West High Rise Building
6401 Security Blvd.
Baltimore, MD 21235-6401 |
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