Fair Act Overview
The HHS inventory must be submitted to OMB by June 30 of each year, which requires the NIH inventory to be submitted to HHS early May for review and consolidation with other agencies in HHS.
The NIH Office of Management Assessment (OMA) coordinates the update of the FAIR Act Inventory and works through FAIR Act coordinators located in each Institute and Center (IC) to gather information. In addition, OMA has created an automated system, Commercial Activities Tracking System – Inventory (CATS-I) to review and manage the inventory.
The NIH Inventory process is as follows:
OMA holds a kickoff meeting with the FAIR Act Coordinators to discuss timeframes, provide guidance and documentation, clarify changes from previous year, and assist new contacts.
IC FAIR Act Coordinators use CATS-I to review and edit their inventory.
OMA assists with questions and concerns.
Each IC Executive Officer certifies their inventory.
OMA reviews each IC’s inventory and works with IC contacts if adjustments are needed.
OMA prepares the final report to HHS.
OMA submits the inventory to HHS.
HHS may work with OMA to finalize the submission.
The FAIR Act Challenge and Appeals Process:
Section 3 of the FAIR Act established a two-tiered administrative challenge and possible appeals process that permits interested parties to challenge the inclusion or the omission of an activity form the FAIR Act Commercial Activities Inventory.
HHS will post the draft inventory on the internet to allow for challenges and appeals by interested parties prior to final approval of the inventory.
Section 3(b) of the FAIR Act defines "interested party" as:
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.
A representative of any business or professional association that includes within its membership private sector sources referred to in “a.” above.
An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity.
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.