Under the provisions of the FAIR Act, each agency must annually provide the Office of Management and Budget (OMB) with a list of the commercial functions performed in that agency that are not inherently governmental. The definitions that lead to designations of "commercial" and "inherently governmental" are published by OMB and must be applied in all government agencies. 

The FAIR Act provides that each time the head of an executive agency considers contracting with a private sector source for the performance of an activity included on the FAIR Act inventory, the agency must use a competitive process. The agency also must ensure that when a cost comparison study is conducted, all costs are considered and the costs considered are realistic and fair. OMB has directed that in carrying out these requirements, agencies must rely on the guidance contained in OMB Circular A-76 and its Supplemental Handbook.

To see the Fish and Wildlife Service's FAIR Act inventory, please click here.

Competitive Sourcing

Competitive Sourcing is one of the five elements of the President's Management Agenda. Collectively, these five elements are designed to provide better service to the American citizen by improving how government works. Competitive Sourcing can be accomplished using OMB Circular A-76 methodologies but it is not synonymous with A-76. It is not about downsizing, streamlining, contracting out, or cost-cutting.

Competitive Sourcing is the process by which commercial-type activities that are currently performed by governmental agencies are evaluated, re-engineered for efficiency, and where appropriate are offered to the private sector for bidding on a competitive basis in order to ensure that customers, stakeholders, and citizens are provided services at the best possible value. Used judiciously, it can be one of the most effective tools for improving the Federal workforce. 

PDM Contact:   Janet Bruner (703) 358-2287;       Janet_Bruner@fws.gov