BBG and FAIR Act
The Broadcasting Board of Governors (BBG) is a federal agency with management oversight for all civilian U.S. international broadcasting operations of the United States Government.
The Broadcasting Board of Governors submits an annual inventory of both inherently governmental and commercial activities to the Office of Management and Budget (OMB) in accordance with the Federal Activities Inventory Reform (FAIR) Act of 1998 (P.L 105-270) and OMB Circular A-76 policy.
Review and Publication: In accordance with Section 2 of the FAIR Act, OMB will review the Agency’s inherently and commercial activities inventory and consult with the BBG regarding its content. After this review is completed, OMB will publish a notice in the Federal Register stating that the inventory is available to the public. Once the notice is published, the BBG will transmit a copy of the detailed Inherently and Commercial Activities Inventory to Congress and make the materials available to the public through the Agency’s website: FY 2012 FAIR ACT.
Challenges and Appeals: Under Section 3 of the FAIR Act, the BBG’s decision to include or exclude an activity from the FAIR Act Activities Inventory is subject to administrative challenge and appeal by ‘interested parties.’ Section 3(b) of the FAIR Act defines ‘interested parties’ as:
- A private sector source that (1) is an actual or prospective offeror for any contract, or other form of agreement, to perform the activity; and (2) 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; or
- A representative of any business or professional association that includes within its membership private sector sources referred to in “a” above; or
- 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 5, United States Code, that includes within its membership officers or employees of an organization referred to in “c”
Challenge to the Inventory:
A challenge by an interested party should be submitted to the official named below, in writing by mail, fax, or email. Any party filing a challenge must meet the statutory definition of interested party contained in Public Law 105-270.
The challenge must be made within 30 calendar days after publication of OMB’s Federal Register Notice indicating that BBG’s inventory is available in BBG’s web site.
The challenge should identify the organization, location(s) and describe the commercial activity codes, the reason codes, or activities not included on the inventory and the basis for the challenge in as much detail as possible.
A response explaining the decision and supporting references will be provided to the challenger within 28 calendar days of receipt, along with an explanation of the party’s right to appeal. The interested party may appeal and adverse decision within 10 business days after receiving notification of the decision.
Submit the Challenge to:
Christopher A. Luer
IBB- Administration and Secretariat Operations Division
U.S. International Broadcasting Bureau
330 Independence Aver. SW
Room 1274
Washington, DC 20237
Phone: 202-203-4664
Fax: 202-203-4611
email: cluer@bbg.gov
Appeals of a Challenge:
If an interested party appeals an unsuccessful challenge, the appeal must be delivered, in writing, to the BBG’s designated official named below within 10 working days of receiving an Agency’s decision. The appeals package must include a copy of the Challenge document, and a copy of BBG’s decision.
Within 10 working days of receipt of the appeal, the BBG authorized officials will transmit the Agency’s inventory appeal decision, including the rationale for the decision.
Submit the Appeal to:
Doris Garay-Nellius
Chief, Administration and Secretariat Operations Division
U.S. International Broadcasting
330 Independence Ave., SW
Room 1274
Washington, DC 20237
Phone: 202-203-4595
FAX 202-203-4611
email: dnellius@bbg.gov
