FAIR Act Annual Inventory Reporting

Enclosure (1) to COMDTINST 5224.3

(b)

A reason code (Appendix B) will be assigned to each position to explain the

basis for the function status.

Personnel Allowance List (PAL). Fields have been added to the PAL to maintain data

on the functional codes and reason codes assigned to each position. Changes made to

the PAL, i.e., new or moved positions, may include the information required in this

field. The annual inventory report will be developed by program managers from the

commercial activity fields of the PAL.

Public Information. The content of the commercial activities functional inventory and

all supporting documentation is public information. Each year, the Coast Guard must

submit to OMB through DOT a list of all activities that are not inherently

governmental and are performed by Federal employees. OMB will review the list and

consult with the Coast Guard through DOT regarding the content. Upon completion

of the review and consultation, Coast Guard must transmit a copy of the list to

Congress and make the list available to the public.

FAIR Act Annual Inventory Reporting. By 30 June of each year, the FAIR Act

requires each agency to submit to OMB a report that contains an inventory of the

agency's commercial activities. These reports must identify those commercial

activities that are exempt from cost comparison requirements in accordance with the

Supplement, and must describe the status of activities that are subject to cost

comparison. To the maximum extent possible, the data required for the report will be

extracted from the latest edition of the PAL. In accordance with the law, the

following data elements will be included in the inventory: organizational unit, state,

location, civilian FTE or full time permanent (FTP), activity function code, reason

code, year the activity first appeared on FAIR Act Commercial Activities Inventory

(initial value will be 1999), name of federal employee responsible for the activity or

contact person from whom additional information about the activity may be obtained,

year of cost comparison or conversion (if applicable), CIV/FTE or FTP savings (if

applicable), estimated annualized cost comparison dollar savings (if applicable), and

date of completed Post-MEO Performance Review (if applicable). Inventory data

submitted to G-CPM must report military and civilian personnel performing a

function; however, the FAIR Act Inventory will only list federal civilian employees

performing commercial activity functions. G-CPM will coordinate submission of the

FAIR Act inventory with the program managers when annual inventory guidance is

received from Office of the Secretary of Transportation (OST).

a. Challenges to the List. In accordance with Section 2 of the FAIR Act, OMB will

review Coast Guard's inventory of commercial activities and consult with the

Coast Guard regarding its content. Under Section 3 of the FAIR Act, an agency's

decision to include or exclude a particular activity from the inventory is subject to

administrative challenge and appeal by an "interested party." Interested party is

defined as:

(1)

A private sector source that is an actual or prospective offeror for any

contract, or other form of agreement to perform the activity, and 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 paragraph (1)

above.