# Presentation: 549571

## Department of Veterans Affairs

- FAIR Act (P.L. 105-270) Administrative Challenge Process

- An Interested Party may submit an administrative challenge to the inclusion or exclusion of an activity within **30** calendar** **days after public notification.  Public access to the VA Inventory of Commercial Activities will be made available on the Internet (VA Home Page).  Instructions will be provided on how to access the Department’s commercial activity data and how to file an administrative challenge.

*008B Commercial Activities Program Officer reviews inquiry *

- The deciding VA official must review the initial challenge and transmit a  written notification of decision within** 28 calendar **days of receiving the challenge

- _Note_:
- If a FAIR Act challenge is sent to VA Secretary, Administrations, Staff Offices, Key Officials, or VA field elements, the correspondence control unit should forward inquiry to 008B.

- Department’s FAIR Act Challenge Official,
- Deputy Assistant Secretary for Planning & Evaluation (008B),
- receives administrative challenge from Interested Party

- Interested Party’s inquiry is entered into the Department’s tracking system

- VA organizational element identified in Challenge prepares a draft response for 008B and manages document in accordance with internal correspondence control procedures

- Based on appropriate input and concurrence from VA organizations,  Agency Challenge Official sends written notification of decision to Interested Party along with description of Appeal Rights

- VA notifies OMB and Congress **IF** there are any changes to VA inventory as result of interested party’s successful challenge

*008B Commercial*
*Activities Program Officer*
*reviews draft response*

- Departmental Inquiry

- Review / concurrence process

- Organizational Inquiry

- Attachment 2

## Department of Veterans Affairs

- FAIR Act (P.L. 105-270) Administrative Appeal Process

- An Interested Party may submit an administrative appeal within **10 working** days after receiving a written notice of an adverse VA decision on the inclusion or exclusion of an activity in the Department’s Inventory of Commercial Activities.   The Interested Party will have to adhere to the VA administrative appeal process which was outlined in the written notice provided by the VA Challenge Official.

*008B Commercial Activities Program Officer reviews the administrative appeal *

- Within **10 working** days of receipt of interested party’s appeal, VA official must decide the appeal and transmit a written notification along with the rationale for the decision

- _Note_:
- If a FAIR Act appeal is sent to VA Secretary, Administrations, Staff Offices, Key Officials, or VA field elements, the correspondence control unit should forward inquiry to 008.

- Department’s FAIR Act Appeal Official,
- Assistant Secretary for Planning & Analysis (008),
- receives administrative appeal from Interested Party

- Interested Party’s appeal is entered into the Department’s tracking system

- VA organizational element identified in the Appeal prepares a draft response for 008 and manages document in accordance with internal correspondence control procedures

- Based on appropriate input and concurrence from VA organizations, the Department’s Appeal Official sends a written notification of appeal decision to the Interested Party

- VA notifies OMB and Congress **IF** there are any changes to VA inventory as result of interested party’s successful appeal

*008B Commercial*
*Activities Program Officer*
*reviews draft response*

- Departmental Issue

- Review / concurrence process

- Organizational Issue

- Attachment 3