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Inventory Challenges and Appeals

DOI's inventory was prepared in good faith compliance with our understanding of the FAIR Act's new requirements and procedures. However, we recognize that interested parties may disagree with our judgments about categorization of the different activities. Therefore, we welcome any comments on our inventory. If you would like to submit a formal challenge to the inventory, please follow the instructions below.

Who is an interested party?

Section 3(b) of the FAIR Act defines an "interested party" as:

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 the first paragraph.
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 5 U.S.C. 7103(a)(4) that includes within its membership officers or employees of an organization referred to in the third paragraph.

Interested parties may challenge

1. The omission of an activity from, or the inclusion of a particular activity on the list for which a notice of public availability was published; and
2. The application of reason codes.

What documentation should I include with the challenge?

A challenge must be in writing and include:

1. The activity being challenged, the agency, agency component, agency organization and location.
2. The reasons for your belief that the activity should be reclassified as inherently governmental (and be deleted from the inventory) or as commercial (and be added to the inventory).
3. If you know of a precedent already set by another agency (such as when another agency has contracted for the activity or undergone a competition for this or a similar activity), include as much specific information as possible.

When may I submit a challenge?

An interested party may submit a challenge within 30 working days after OMB publishes a notice in the Federal Register stating that the Department's FAIR Act inventory is available.

To whom should I submit my challenge?

The challenge must be submitted to the designated bureau/office FAIR Challenge and Appeals Points of Contact.

What happens after I submit my challenge?

A decision on your challenge will be made within 28 working days after its receipt. You will receive a written explanation of the rationale for the decision and, if the decision is adverse, an explanation of your right to file an appeal. The decision will be made at the Assistant Director for Administration level, or by an office’s director. A copy of all decisions will also be sent to the Director, Center for Competitive Sourcing Excellence. If changes are made to our inventory as a result of your challenge, the revision will be sent to OMB and Congress, and a notice of the revision will be published in the Federal Register. There is no provision for challenges to revisions.

Who may appeal a challenge decision?

Only the interested party who originally filed the challenge may appeal a challenge decision.

When may I submit an appeal?

An appeal must be sent within 10 working days after receiving the written notification of the challenge decision.

To whom should I submit my appeal?

The original appeal should be sent to:

Paul Hoffman
Deputy Assistant Secretary for Performance, Accountability, and Human Resources
Office of the Assistant Secretary for Policy, Management, & Budget
US Department of the Interior
1849 C Street, NW
MS 5120
Washington DC 20240

In addition, send a second copy of your appeal to:

Rob Gordon
Deputy Director Center for Competition, Efficiency, and Analysis
1849 C Street NW / Mail Stop 2044
Washington, DC 20240

What happens after I submit my appeal?

A decision on your appeal will be made within 10 working days after its receipt. You will receive a written explanation of the rationale for the decision. The decision will be made by the Assistant Secretary - Policy, Management and Budget. If changes are made to our inventory as a result of your appeal, the revision will be sent to OMB and Congress, and a notice of the revision will be published in the Federal Register. There is no provision for challenges to revisions.