BROADCASTING BOARD OF GOVERNORS
Inventory Challenges and Appeals
Under Section 3 of the FAIR Act, the Broadcasting Board of Governor's
(BBG) decision to include or exclude a particular activity on or
from the Commercial Activities Inventory is subject to administrative
challenge and appeal by “interested parties.” Section
3(b) of the FAIR Act defines an “interested party” as:
1. A private sector source that (a) is an actual or
prospective offeror for any contract, or
other form of agreement, to perform the activity; and (b) 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;
or
2. A representative of any business or professional
association that includes within its
membership private sector sources referred to in “1”
above; or
3. An officer or employee of an organization
within an executive agency that is an actual or prospective offeror
to perform the activity; or
4. 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.
Challenge to the Inventory
A challenge by an interested party should be submitted to the official
below in writing by mail, fax, or e-mail. Any party filing a challenge
must meet the statutory definition of interested party contained
in Public Law 105-270. The challenge must be made within 30 calendar
days after publication (January 23, 2004) of the notice of public
availability in the Federal Register. The challenge period closes
March 5, 2004. The challenge should identify the organization, location(s)
and describe the commercial activity codes, the reason codes, or
activities not included on the inventory and the basis for the challenge
in as much detail as possible. Challenges will be acknowledged within
5 business days of receipt. A response explaining the decision and
supporting references will be provided to the challenger within
28 calendar days of receipt, along with an explanation of the party’s
right to appeal. The interested party may appeal an adverse decision
within 10 business days after receiving notification of the decision.
In the event that an appeal is filed by an interested party, the
agency will decide the appeal and transmit to the interested party
written notification of the decision and rationale within 10 business
after receipt of the appeal.
Submit the Challenge To:
Daniel Garcia, Division Chief (Acting)
Management Analysis Division
U.S. International Broadcasting Bureau
330 Independence Ave. S.W. Room 1657-C
Washington, D.C. 20237
Phone: 202-619-3683
Fax: 202-260-1599
Electronic Mail: dgarcia@IBB.GOV
Appeals of a Challenge
Appeals must be submitted in writing by mail, fax, or e-mail directly
to the Director, Office of Administration, within 10 business days
of receiving an agency decision. The appeal should identify the
organization, location(s) and describe the commercial activity codes,
the reason codes, or activities not included on the inventory and
the basis for the appeal of the agency's response. A response from
the agency head’s lawful delegee, the Director of Administration,
with a discussion of the rationale for the decision, will be provided
to the party that filed the appeal within 10 business days of receipt
of the appeal.
Submit the Appeal To:
Carol F. Baker, Director
Office of Administration
U.S. International Broadcasting Bureau
330 Independence Ave. S.W. Room 1274
Washington, D.C. 20237
Fax: 202-401-2374
Electronic mail: cbaker@IBB.GOV
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