COMMONLY USED TERMS
Activity
Challenge and Appeals Procedures
Commercial Activities
Commercial Source
FAIR Act
Function Code and Function Description
Inherently Governmental
Interested Party
OMB Circular A-76

Where can I find the FAIR Act on the web?
A link to the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270) can be found on the "About" page of this web site under the FAIR Related Links section.

Where can I find OMB guidance on FAIR Act implementation on the web?
A link to the OMB Guidance on FAIR Act Implementation can be found on the "About" page of this web site under the FAIR Related Links section.

WEBSITE USAGE
How do I query FAIRNET?
To run a FAIRNET query, you should: (1) choose which DoD Component(s)'s submission you want to query; (2) select the specific state(s) or country(s) you are interested in; (3) select the function codes for the manpower; and (4) when querying the FAIR Act (commercial) inventory, select the OMB criteria code for the manpower classification. The query results will include all data that fall into the three or four categories picked by the user.

What is the difference between number of records and number of positions?
The number of positions presents the total number of civilian personnel authorizations that correspond to your query definition. The total number of records equals the number of lines of text shown in detail on your screen. One record can contain information about more than one position.

How do I print the query?
Query results can be printed in Internet Explorer by selecting "Page Setup" under the File menu located on the toolbar. Select "Legal" under Paper Size and "Landscape" under orientation, then Print. In Netscape, select "Print" from the File menu. Select the button labeled "Properties." In the Layout tab, select "Landscape," then click the Advanced button. Select "Legal" from the Paper Size dropdown list. Select OK, then Print.

Who can I call if I have questions about the use of this website?
Call the FAIRNET hotline at 703-824-2692. This hotline provides answers to many questions about how to use the website. If you still need additional assistance, please leave your name, number and a detailed message. Someone will get back to you within one business day.

CHALLENGE PROCESS
What if I have a question about this data?
Individual questions regarding the data contained within the DoD FAIR Act submission should be posed to the Component in question. Information on who to contact in each of the Components can be found under "Inquiries and Challenges".

What constitutes a challenge?
An official challenge is a statement in writing to a specific Component that questions the decision: (1) to include a function in the DoD FAIR Act inventory as a commercial activity; (2) to exclude a function from the DoD FAIR Act inventory as an inherently governmental function; or (3) regarding a specific OMB reason code designation.

Who qualifies as an "interested party"?
Interested parties include: (1) officers or employees of the function; (2) the head of a labor organization that includes within its membership officers or employees of the function; (3) an actual or prospective offeror for any contract to perform the function; (4) representatives of any business or professional association that includes within its membership actual or prospective offerors; and (5) officers or employees of an organization within an executive agency that is an actual or prospective offeror. Military personnel are not considered interested parties.

Where do I submit my formal challenge?
Formal challenges need to be submitted in writing directly to the Component responsible for the function in question. A listing of those addresses can be found under "Inquiries and Challenges".

What is the difference in procedures?
The Office of the Secretary of Defense issued Guidelines and Model Procedures for implementation of the Challenge and Appeal Process. Each Component then developed their own unique procedures based on these guidelines. You must follow the guidelines and procedures for the specific DoD Component in question.

How long do I have to submit a formal challenge?
Challenges must be SUBMITTED to the Component in question within 30 working days after the OMB notice appeared in the Federal Register stating that the DoD inventory was available to the public.

Can I submit more than one challenge?
Yes. There are no restrictions regarding the number of different challenges an individual can submit.

When will I find out the results of my challenge?
A decision on a challenge will be made within 28 working days from the date that the Component in question receives the challenge.

Can I appeal a decision?
Yes. Appeals must be received by the designated office within 10 working days after the challenger received the decision (or is presumed to have received the decision) denying or rejecting the challenge. Decisions on appeals will be conveyed in writing and will state the determination and the rationale for it. Exact procedures for submitting appeals will accompany the results of every challenge.

Commonly Used Terms
Activity - for the purposes of this year's FAIR Act submission, activity is synonymous with function code and description.

Challenge and Appeals Procedures - each DoD Component has developed procedures for submission of challenges and appeals to the DoD FAIR Act submission. These procedures are identified by Component in the "Inquiries and Challenges" page of this web site.

Commercial Activities - an activity (or function), which is operated by a Federal executive agency and which provides a product or service that could be obtained from a private source.

Commercial Source - a business or other non-Federal entity located in the United States, its territories and possessions, the District of Columbia, or the Commonwealth of Puerto Rico, which provides a commercial product or service.

FAIR Act - Federal Activities Inventory Reform Act of 1998, Public Law 105-270, 112 Stat. 2382.

Function Code and Function Description - A standardized set of function codes (including function code names), with descriptions, used to describe the activities performed by an agency.

Inherently Governmental - A function that is so intimately related to the public interest as to require performance by Federal Government employees. Consistent with the definitions provided in section 5 of the FAIR Act and OMB Circular A-76 (Revised), these functions include activities that require the exercise of substantial discretion in applying government authority and/or in making decisions for the government.

Interested Party - The FAIR Act defines "interested parties" for purposes of challenging the contents of an agency's commercial activities inventory under the FAIR Act as:

1. 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.
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 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 #3 above.

OMB Circular A-76 - Office of Management and Budget (OMB) Circular A-76, "Performance of Commercial Activities" (Revised) established Federal policy regarding the performance of commercial activities and implements the statutory requirements of the FAIR Act. OMB issued its guidance on implementation of the FAIR Act in Transmittal Memorandum #20 on June 24, 1999. More information is available on Transmittal Memorandum #20, OMB Circular A-76, and the FAIR Act, by visiting the OMB web site at www.whitehouse.gov/omb/circulars/index-procure.html.