United
States Patent and Trademark Office
Federal Activities Inventory Process (FAIR)
Challenges
and Appeals Process
The Office of Management
and Budget defines the Challenges and Appeals process in Attachment 1, Section
G.3 of OMB Circular No. A-76 (Revised), Transmittal Memorandum No. 22 dated
August 31, 2000, as follows:
An interested party may
submit to an executive agency an initial challenge to the inclusion or exclusion
of an activity within 30 working days after publication of OMB's Federal Register
notice stating that the inventory is available. The challenge must set forth
the activity being challenged with as much specificity as possible, and the
reasons for the interested party's belief that the particular activity should
be reclassified as inherently Governmental (and therefore be deleted from
the inventory) or as commercial (and therefore be added to the inventory)
in accordance with OFPP Policy Letter 92-1 on inherently Governmental functions
(see Appendix 5) or as established by precedent (such as when other agencies
have contracted for the activity or undergone competitions for this or similar
activities).
The agency head may delegate
the responsibility to designate the appropriate official(s) to receive and
decide the initial challenges. As mandated by the FAIR Act, the deciding official
must decide the initial challenge and transmit to the interested party a written
notification of the decision within 28 working days of receiving the challenge.
The notification must include a discussion of the rationale for the decision
and, if the decision is adverse, an explanation of the party's right to file
an appeal.
An interested party
may appeal an adverse decision to an initial challenge within 10 working days
after receiving the written notification of the decision Within 10 working
days of receipt of the appeal, the official must decide the appeal and transmit
to the interested party a written notification of the decision together with
a discussion of the rationale for the decision. The agency must also transmit
to OMB and the Congress a copy of any changes to the inventory that result
from this process, make the changes available to the public and publish a
notice of public availability in the Federal Register.
Challenges
should be sent to: |
Ms. Frances Michalkewicz
Director, Office of Corporate Planning
U.S. Patent and Trademark Office
Crystal Park 1, Suite 807
2011 Crystal Drive
Arlington, VA 22202-3513 |
Appeals
should be sent to: |
Mr. Clarence C. Crawford
Chief Financial Officer and Chief Administrative Officer
U.S. Patent and Trademark Office
Crystal Park 2, Suite 909
2121 Crystal Drive
Arlington, VA 22202-3513 |
|