Fair Act Inventory

Office of Management

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FEDERAL ACTIVITIES INVENTORY REFORM (FAIR) ACT OF 1998

The Federal Activities Inventory Reform (FAIR) Act of 1998 and Office of Management and Budget (OMB) Circular A-76 require agencies to prepare inventories of the commercial and inherently governmental activities performed by their Federal employees.  The inventory will include the number of FTE performing each activity, the place of performance and the first year the activity was included in the inventory.

OMB will review the inventories and consult with the agency regarding the content.  After OMB review and consultation, an agency shall send the inventory to Congress and post it on their public website unless the inventory information is classified or otherwise protected for national security reasons.  OMB will publish a notice of availability in the Federal Register with points of contact for each agency.

CHALLENGES TO THE LIST

An interested party may submit to an executive agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice of public availability has been published.  The term "interested party", means the following:

(1) 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 a private sector source.

(2) A representative of any business or professional association that includes within its membership private sector sources referred to in paragraph (1).

(3) An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity.

(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 paragraph (3).

A challenge to a list shall be submitted to the executive agency concerned within 30 days after the publication of the notice of the public availability of the list.  Within 28 days after an executive agency receives a challenge, an official designated by the head of the executive agency shall (1) decide the challenge; and (2) transmit to the party submitting the challenge a written notification of the decision together with a discussion of the rationale for the decision and an explanation of the party's right to appeal under subsection (e).

An interested party may appeal an adverse decision of the official to the head of the executive agency within 10 days after receiving a notification of the decision.  Within 10 days after the head of an executive agency receives an appeal of a decision, the head of the executive agency shall decide the appeal and transmit to the party submitting the appeal a written notification of the decision together with a discussion of the rationale for the decision.

This webpage provides references to the FAIR Act and the annual inventories that have been approved by OMB.