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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: February 11, 2000

FROM: Barry McVay, CPCM

SUBJECT: Agriculture; Additional Commercial Inventories Added as a Result of a Challenge Under the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270) ("FAIR Act")

SOURCE: Federal Register, February 11, 2000, Vol. 65, No. 29, page 6979

AGENCIES: Department of Agriculture, Office of the Chief Financial Officer

ACTION: Notice

SYNOPSIS: The Department of Agriculture is announcing that an additional 41 positions are added to the commercial inventories compiled in accordance with the FAIR Act as a result of a challenge.

FOR FURTHER INFORMATION CONTACT: George W. Aldaya, Departmental Administration (DA), Washington, DC 20250, 202-720-3937.

SUPPLEMENTAL INFORMATION: Section 2 of the FAIR Act requires that each agency submit a list of government activities it is performing which are not "inherently governmental functions", and that the Office of Management and Budget (OMB) publish an announcement of public availability of these lists, called "Commercial Activities Inventories," upon completion of its review of the agencies' inventory submissions. Then, interested parties have 30 days from today to challenge the omission or inclusion of an activity on an agency's the Commercial Activities Inventories list. Agencies that make changes to their inventories as a result of a challenge must make the change available to the public through the publication of a notice in the Federal Register.

On September 30, 1999, OMB announced it had completed the review of 52 agencies' and departments' inventory submissions and that the inventories were available to the public. Among the departments was the Department of Agriculture.

Based on a challenge to its Commercial Activities Inventories list, the Department of Agriculture is announcing that it is adding 41 positions to its list, all but 10 automatic data processing (ADP) related, and all but 12 located in the District of Columbia (three in Missouri; two each in Georgia, Iowa, and Colorado; and one each in Louisiana, Texas, and Ohio).

What makes this addition of positions significant is that it is the first known instance of an agency sustaining a challenge to its Commercial Activities Inventories list. Previously, every single challenge of every single department's or agency's list had been denied! Maybe this is a sign that the departments and agencies are about to start taking the FAIR Act more seriously.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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