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FAIR Act Inventory

List of Commercial and Inherently Governmental Activities

In accordance with the requirements of the FAIR Act of 1998 the Department of Justice commercial activities are listed in the attached inventory. At the direction of the Office of Management and Budget (OMB), we have also included the inherently governmental activities. All inherently governmental activities have an “I” in the status column. An interested party, as defined by the FAIR Act, may challenge the Department’s decision to list activities as commercial or inherently governmental, or the application of commercial reason codes. Commercial activities have been classified using criteria provided by the OMB.  Challenges addressing function codes, or for any other purpose will not be considered. All challenges must be received within 30 working days of the date the inventory was made publicly available (which is also the date the OMB notice appeared in the Federal Register). All challenges must be received by the due date at the following address:

William N. Taylor II
Senior Procurement Executive
U.S. Department of Justice
950 Pennsylvania Avenue NW, Room 1113
Washington, DC 20530

The information provided in our inventory is presented in the standard format requested by OMB guidance. It is important that the following reason codes for commercial activities be explained.

Reason Code 

A         The Commercial Activity is not appropriate for private sector performance pursuant to a written determination

B         The Commercial Activity is suitable for a streamlined or standard competition. Note: Section 733 of the Consolidated Appropriations Act, 2012 (P.L. 112-74) establishes a statutory moratorium on beginning or announcing a study or public-private competition regarding the conversion of contract performance of any function performed by federal employees.

C         The Commercial Activity is the subject of an in-progress streamlined of standard competition. Note: Section 733 of the Consolidated Appropriations Act, 2012 (P.L. 112-74) establishes a statutory moratorium on beginning or announcing a study or public-private competition regarding the conversion of contract performance of any function performed by federal employees.

D         The Commercial Activity is performed by government personnel as the result of a streamlined or standard competition (or a cost comparison, streamlined cost comparison, or direct conversion) within the past five years.

E          The Commercial Activity is pending an agency approved restructuring decision (e.g., closure, realignment).

F          The Commercial Activity is performed by government personnel due to a statutory prohibition against private sector performance.

OMB Agency/Bureau Codes and Organization Abbreviations

011-03 General Administration (Office Boards & Divisions)

The following organizations are included in General Administration:

  • Office of the Attorney General
  • Office of the Deputy Attorney General
  • Office of the Associate Attorney General
  • Office of Community Oriented Policing Services
  • Office of Information Policy
  • Office of Legal Policy
  • Office of Legislative Affairs
  • Office of Professional Responsibility
  • Office of Public Affairs
  • Office of the Inspector General
  • Office of the Pardon Attorney
  • Office of Tribal Justice
  • Office of Violence Against Women
  • Office of Access to Justice
  • Executive Office Immigration Review
  • Justice Management Division
  • National Security Division
  • Professional Responsibility Advisory Office
  • Special Counsel Office(s)

011-04 U.S. Parole Commission

011-05 Legal Activities (Office Boards & Divisions) and United States Marshals Service

The following organizations are included in Legal Activities and United States Marshals Service:

  • Antitrust Division
  • Civil Division
  • Civil Rights Division
  • Community Relations Service
  • Criminal Division
  • Environmental and Natural Resources Division
  • Executive Office for Organized Crime Drug EnforcementTask Force
  • Executive Office for United States Attorneys
  • Executive Office for United States Trustees
  • Foreign Claims Settlement Commission
  • Interpol - U.S. National Central Bureau
  • Office of Legal Counsel
  • Office of the Solicitor General
  • Tax Division
  • United States Marshals Service

011-10 Federal Bureau of Investigation

011-12 Drug Enforcement Administration

011-14 Alcohol, Tobacco, Firearms, and Explosives

011-20 Federal Prison System

The following organizations are included in the Federal Prison System:

  • Bureau of Prisons

  • Federal Prison Industries

011-21 Office of Justice Programs

The Office of Acquisition Management Justice Management Division, has the program responsibility for the A-76 Program. Inquiries about the Department of Justice program may be addressed to:

Department of Justice
Tara Jamison
Justice Management Division
145 N St. NE Room 8W.210
Washington, D.C. 20530

Phone: (202) 616-3754

DOJ Inventory of Commercial and Inherently Governmental Activities

Updated March 6, 2024