Though the proposed changes continue to implement the requirements of the Federal Activities Inventory Reform (FAIR) Act and require agencies to prepare annual inventory of commercial activities, the revised changes add new requirements. Now agencies must prepare an inventory of commercial performed activities that are not subject to the FAIR Act and an inventory of inherently governmental activities performed by civilian and military personnel that would make available for public review positions considered by agencies not subject to competition. Under the changes a government activity is presumed to be commercial and hence subject to A-76 competition unless an agency can demonstrate it meets the new definition of "inherently governmental activity." This should certainly expand the government activities that are subject to public-private competition.

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