DOL 2016 Inventories of Commercial and Inherently Governmental Activities

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 2016. 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 Tanisha Bynum-Frazier, Director, Office of Asset and Resource Management, at (202) 693-4546.

Explanation of Inventories Content and Codes

The FAIR Act requires federal agencies to catalogue the commercial activities performed by their employees. In addition, OMB Circular A-76 directs federal agencies to provide the public with information on inherently governmental functions performed by their employees. DOL's 2016 inventories consist of the 2016 FAIR Act Inventory of Commercial Activities and the 2016 Inherently Governmental Activities Inventory.

Interested parties should be aware that the FAIR Act 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 commercial services management may be made.

Both inventories use several codes: OMB function codes, reason codes and product service codes. Explanations of the codes are provided at OMB Website for FAIR Act Inventory guidance.

Challenges to the FAIR Act Inventory

The FAIR Act permits an interested party to challenge the inclusion or exclusion of an activity from DOL's FAIR Act Inventory. Under OMB Circular A-76, the application of reason codes may be challenged. Challenges must be filed within 30 working days of the publication of the Federal Register notice indicating the availability of DOL's FAIR Act Inventory. The last day for receipt of challenges on DOL's 2016 Inventory is October 30, 2017.

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-

• A private sector source that is an actual or prospective offeror for any 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;
• 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 that 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 #3 above.

What is a valid basis for a challenge?

The classification on the Inventory of a particular activity as inherently governmental or commercial and the application of reason codes are 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 October 30, 2017.

What information should I include in my challenge?

A challenge shall include the following:

• why you believe you qualify as an "interested party";
• identification of the activity being challenged;
• the FTE or FTEs that are at issue and their associated DOL agency, function code, city, and state;
• whether the function's classification as either "inherently governmental" or "commercial" is being challenged;
• why you believe the particular activity should be reclassified as "inherently governmental" or as "commercial";
• a sufficient description of an activity being challenged for its reason code so that the activity being challenged is identifiable; and
• 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 shall 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?

Appeals shall be in writing. Telephone calls, verbal inquiries, and voice mail will not be accepted. The challenge is to 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-2203
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.