The 2003+2004 SBA Federal Activities Inventory is available for download as an Adobe PDF file. The format for the provided data is in accordance with guidance from the Office of Management and Budget (OMB).

SBA 2004 Fair Act Inventory of Commercial and Inherently Governmental Activities
SBA 2003 Fair Act Inventory of Commercial and Inherently Governmental Activities

OMB provides a standard set of activity/function codes for agencies to use in categorizing their activities. The Year 2004 SBA inventory uses the set of codes OMB published in the Year 2003 Fair Act Inventory Commercial Activities Inventory Function Codes, dated March 3, 2003.

Interested parties may challenge the agency's classification of a particular activity in the Fair Act Inventory. They may subsequently appeal the agency's decision on the challenge.

If you wish to submit an official challenge to the contents of the SBA Fair Act Inventory or to appeal deniel of your challenge, please review the information provided below and send the challenge in writing to the designated SBA Federal Activities Inventory Reform Act (FAIR Act) Point-of-Contact:

Mr. Robert Moffitt
U.S. Small Business Administration
409 3^rd Street, SW
Suite 5200
Washington, DC 20416
202-205-6610 (Phone)
202-205-6997 (Fax)

1. The challenge must be in writing. Telephone calls, verbal inquiries, voice mail and electronic mail are not acceptable and will be rejected. The challenge must be sent by U. S. mail, express delivery or similar service, or facsimile transmission to the designated SBA official (see above). To assist in processing, challengers may mark "FAIR Challenge" on the envelope. The challenge must be submitted to the designated SBA FAIR Act Point-of-Contact within 30 working days of the OMB's Federal Register notice stating that the SBA's inventory is being made available to the public. The person or organization making the challenge must be an interested party. Interested parties are defined in the FAIR Act of 1998 as:
1. A private-sector source that -
1. is an actual or prospective offeror for a 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.
0. A representative of any business or professional association that includes within its membership private-sector sources referred to in a. above.
1. An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform that activity.
2. The head of any labor organization referred to in section 7103(a)(4) of title 5, U. S. Code, that includes within its membership officers or employees of an organization referred to in c. above.
2. The challenger must explain in the challenge letter why the challenger qualifies as an "interested party". The challenger must identify the activity being challenged as specifically as possible; that is, they must give a sufficient description of the activity being challenged so SBA can identify it. For example, the challenger may reference the inventory entry for activities included on the inventory.
3. The challenger must state whether they are challenging the SBA's decision to include the activity on the SBA Fair Act Activities Inventory as a commercial activity or the decision to include the activity as an "inherently governmental activity."
4. The challenger must set forth their reasons why the particular activity should be reclassified aseither commercial or inherently governmental in accordance with Revised OMB Circular A-76, dated May 29, 2003

1. A decision on a challenge will be made within 28 working days from the date that the SBA's FAIR Act Inventory Point-of-Contact actually receives the challenge. The decision will be in writing and will -
1. Identify the activity being challenged; State whether the challenge is rejected on procedural grounds, or upheld or denied; Explain the rationale for the decision; and
2. Provide an explanation of the challenger's appeal rights.
2. The decision to reject, uphold, or deny a challenge will be made by an individual designated by the Administrator.
3. Decisions will be transmitted to challengers by U. S. mail or facsimile transmission.
   

1. Appeals must be in writing. Telephone calls, verbal inquiries, voice mail, and electronic mail are not acceptable and will be rejected. The appeal must be sent by U.S. mail, express delivery or similar service, or facsimile transmission to the designated SBA FAIR Act Point-of-Contact (see above). To assist in processing, challengers may mark "FAIR Appeal" on the envelope. Appeals must be submitted to the designated office within 10 working days after the challenger receives the decision denying or rejecting the challenge. Decisions on appeals will be in writing and will include the determination and the rationale for the decision.The specific procedures for submitting an appeal to a decision on a challenge that is rejected or denied will be provided to the challenger in the decision letter.
2. Decisions on appeals will be provided within 10 working days of receipt of the appeal by SBA's Fair Act Inventory Point-of-contact.

1. FAIR Act: Federal Activities Inventory Reform Act of 1998 (Public Law 105-270).
2. OMB Fair Act Guidance: Various links to OMB's resources, inventories, and Agency guidance on the FAIR Act, P.L. 105-70 process.
3. OMB Circular A-76: Office of Management and Budget (OMB) Circular A-76, "Performance of Commercial Activities" (Revised) establishes federal policy regarding the performance of commercial activities and implements the statutory requirements of the Federal Activities Inventory Reform Act of 1998, Public Law 105-270.