Under the Federal
Activities Inventory Reform Act of 1998 (FAIR Act), federal agencies
must develop an annual inventory of all commercial activities performed by
federal employees, e.g., those activities that are not inherently governmental.
The Office of Management and Budget (OMB) reviews each agency's commercial
activities inventory and consults with the agency on inventory content. After
OMB has completed its review and consultation, the agency must make its
inventory available to the public.
OMB has reviewed and has published a notice of availability in the
Federal Register for DOL's FAIR Act Inventory for FY 2004. The inventory is
presented below for the public's review, in a format specified by OMB. If you
have any questions or need additional information, please do not hesitate to
contact Larry Clark, Director, Office of Competitive Sourcing, at (202)
693-4020.
Explanation of Inventory Content and Codes
The FAIR Act Inventory catalogues the commercial activities performed by
Department of Labor employees. In addition, OMB has directed federal agencies
to provide the public with information on inherently governmental functions
performed by DOL employees. DOLs 2004 FAIR Act Inventory lists both
commercial and inherently governmental functions together in the same format.
Interested parties should be aware that the Inventory is only a list of
DOL commercial activities. It does not reflect any management decisions about
what may or may not be subject to competition or contracted out by DOL at some
point in the future. The commercial activities on the inventory provide the
universe of activities upon which future decisions related to competitive
sourcing may be made.
The Inventory uses several codes-OMB function codes, status codes and
reason codes. Explanations of the codes are provided at the links below
For further information on the FAIR Act Inventory format and codes,
please visit the OMB Web site.
Challenges to the FAIR Act Inventory
The FAIR Act permits an interested party to challenge the inclusion or
exclusion of an activity from DOLs FAIR Act Inventory. Challenges must be
filed within 30 working days of the publication of the Federal Register notice
that DOLs FAIR Act Inventory was available. The last day for receipt of
challenges on DOLs 2004 Inventory is April 26, 2005.
Who may file a challenge?
The person or organization making the challenge must be an interested
party. An interested party is defined in the FAIR Act as-
1. A private sector source that is an actual or prospective offeror
for a contract, or other form of agreement, to perform the activity and that 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 a private sector source;
2. A representative of any business or professional association that
includes within its membership private sector sources referred to in #1
above;
3. An officer or employee of an organization within an executive
agency that is an actual or prospective offeror to perform that activity;
or
4. The head of any labor organization referred to in section
7103(a)(4) of title 5, United States Code, that includes within its membership
officers or employees of an organization referred to in #3 above.
What is a valid basis for a challenge?
Only the classification on the Inventory of a particular activity as
inherently governmental or commercial is subject to challenge. If you raise
other issues in your challenge, they will not be addressed in the decision.
I am an interested party. How do I file a challenge?
Your challenge must be in writing. Telephone calls, verbal inquiries,
and voice mail will not be accepted. The challenge must be sent by United
States mail, express delivery or similar service, or facsimile transmission to
DOL's Procurement Executive no later than April 26, 2005.
What information should I include in my challenge?
- You must explain why you believe you qualify as an "interested
party."
- You must identify the activity you are challenging. The easiest way
to do this is to provide details on the FTE or FTEs that are at issue-DOL
agency, function code, city, and state.
- You must indicate whether you are challenging the function's
classification as either "inherently governmental" or "commercial."
- You must explain why you believe the particular activity should be
reclassified as "inherently governmental" or as "commercial."
- You must include your name and the address where you would like DOL
to send the decision.
Where should I send my Inventory challenge?
You should send your challenge to-
Al Stewart
Procurement Executive
U.S. Department of Labor
Room
S-1524
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Fax No.
202-693-4019
To assist in processing, you should mark "FAIR Act Challenge" on the
envelope.
Decisions on Challenges
How soon can I expect a decision on my challenge?
A decision on a challenge will be made within 28 working days from the
date that DOL receives the challenge.
What will the challenge decision cover?
The decision will be in writing and will state whether the challenge is
upheld, rejected on procedural grounds, or denied; will explain the rationale
for the decision; and will provide an explanation of the challenger's appeal
rights, if the challenge is rejected or denied.
Appeals from Inventory Challenge Decisions
An interested party who is dissatisfied with the decision on an
inventory challenge may appeal the decision to the Assistant Secretary for
Administration and Management.
How do I appeal my unsuccessful challenge?
The appeal must be delivered, in writing, to the Assistant Secretary for
Administration and Management at the Department of Labor within ten working
days after you have received the challenge decision.
What do I need to include in my appeal?
The appeal package must include-
- An explanation of why you think the decision on your challenge is
incorrect;
- A copy of the written challenge that you sent to the Procurement
Executive; and
- A copy of the Procurement Executive's decision on your
challenge.
Where do I send my appeal?
Your appeal must be in writing. Telephone calls, verbal inquiries, and
voice mail will not be accepted. The challenge must be sent by United States
mail, express delivery or similar service, or facsimile transmission to the
Assistant Secretary for Administration and Management and the following address
or fax number-
Assistant Secretary for
Administration and
Management
U.S. Department of Labor
200 Constitution Avenue, N.W.
Room S-2003
Washington, D.C. 20210
Fax No. 202-693-4055
To assist in processing, please mark "FAIR Act Appeal" on the envelope.
The Assistant Secretary will issue a written decision on the appeal within 10
working days, explaining the determination and the rationale for the
decision.
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