- OFO Sub-Offices
- FAIR Act Inventory
- Service Contract Inventory
- Indirect Cost Division
- Protection of Human Subjects in Research
The Office of Finance and Operations (OFO) is made up of the offices listed below. For guidance and resource information see the linked pages that follow each office.
View the OFO organizational chart
Guidance documents represent the Department of Education's (Department) current thinking on a topic. They do not create or confer any rights for or on any person and do not impose any requirements beyond those required under applicable law and regulations. Guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract.
Non-guidance information, The OMB Uniform Guidance (2 C.F.R 200) and the Education Department Administrative Regulations (EDGAR), are available at the following link: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – October 29, 2015.
Responsible for the overall direction and administration of the Department's administrative management functions.
OSDBU serves as an educator and advocate for small business engagement with ED.
Responsible for the development and implementation of operational policies and procedures related to management and administrative functions.
OFM is responsible for processing, reconciling, evaluating, and reporting all agency financial transactions.
DAS-OAGA leads ED toward effective and efficient Acquisition Management, including oversight, workforce development, and policy development.
Provides leadership to promote efficient and effective federal workforce management.
OSFL oversees the Department’s physical, personnel, classified information security programs.
OBSS is responsible for all IT activities that affect the Office of Finance and Operations (OFO) systems, services, or applications.
OHA provides independent forums for the resolution of disputes involving ED and recipients of federal education funds.
U.S. Department of Education FAIR Act Inventory
The Federal Activities Inventory Reform Act of 1998 (FAIR Act), Public Law 105-270, signed into law on October 19, 1998, directs Federal agencies to submit an annual inventory of commercial activities which are not inherently governmental, but which are being performed by Federal employees. The U.S. Department of Education (ED) is providing the following information in accordance with the FAIR Act and guidance from the Office of Management and Budget (OMB).
Background
Below are links to download the U.S. Department of Education's (ED) Activities Inventory. The inventory was prepared in accordance with the Office of Management and Budget (OMB) Circular A-76 and the OMB Memo M-12-09 dated March 26, 2012, and other OMB guidance. The inventories include the number of ED Full-time Equivalent (FTE) employees performing functions that could be considered commercial in nature as well as functions that are inherently governmental for that year. After review by OMB, the Department is hereby making the inventory available to the public.
2016 Activities Inventory
The inventory is available in MS Excel format.
- Summary 2016 Fair Act Inventory [MS Excel, 33K]
- 2016 Fair Act Inventory [MS Excel, 84K]
2017 Activities Inventory
The inventory is available in MS Excel format.
- Summary 2017 Fair Act Inventory [MS Excel, 32K]
- 2017 Fair Act Inventory [MS Excel, 87K]
2023 Activities Inventory
The inventory is available in MS Excel format.
- 2023 FAIR Act Inventory and Summary [MS Excel, 146KB]
Inventory Challenges and Appeals
Under Section 3 of the FAIR Act, ED's 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:
- 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.
- A representative of any business or professional association that includes within its membership private sector sources referred to in 1. above.
- An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity.
- 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.
After publication of OMB's Federal Register notice stating that ED's inventories are available, an interested party shall have 30 working days to submit a written inventory challenge. The inventory challenge shall be limited to (a) the reclassification of an activity as inherently governmental or commercial, or (b) the application of reason codes. Function codes shall not be subject to the inventory challenge process. A written inventory challenge shall be submitted to agency inventory challenge authorities and shall specify the agency, agency component, agency organization, function(s), and location(s) for the activities being challenged.
Within 28 working days of receiving the inventory challenge, ED inventory challenge authorities shall (a) validate the commercial or inherently governmental categorization or reason code designation of the activity, in a written inventory challenge decision; and (b) transmit the inventory challenge decision, including the rationale for the decision, to the interested party. ED inventory challenge authorities shall include an explanation of the interested party's right to file an appeal in any adverse challenge decision.
Upon receipt of an adverse inventory challenge decision, an interested party shall have 10 working days to submit a written appeal of this decision to ED inventory appeal authorities.
Within 10 working days of receipt of the appeal, ED inventory appeal authorities shall issue and transmit a written inventory appeal decision to the interested party. This inventory appeal decision shall include the rationale for the decision.
When the inventory challenge process results in a change to ED's inventory, ED shall (a) transmit a copy of the change to OMB and Congress; (b) make these changes available to the public; and (c) publish a notice of public availability in the Federal Register.
Submit Challenges and Appeals to:
U.S. Department of Education
Office of Finance and Operations
ATTN.: Strategic Acquisition Management Initiatives (SAMI)
400 Maryland Avenue, SW - Room 5B243
Washington, DC 20202
Questions Regarding ED's Inventory
For further information regarding the inventory, ED requests that questions or comments be submitted in writing. E-mail questions to the Acquisition Career Manager/Workforce mailbox: ACMW@ed.gov.
Links to FAIR Guidance
OMB FAIR Act Users Guide OMB developed this guide to assist the public in reviewing and understanding the commercial activities inventories developed by agencies under the FAIR Act. Includes the list of Activity/Function codes and explanations of Reason Codes.
FAIR Act of 1998 The Federal Activities Inventory Reform Act of 1998 (Public Law 105-270), provides a process for identifying the functions of the Federal Government that are not inherently governmental functions, and for other purposes.
Reason Codes for Commercial Activities Inventory
U.S. Department of Education Contract Information Contains currently available Forecast of Contract Opportunities, FedBizOpps Link to Notices and other information for organizations wishing to do business with ED.
Service Contract Inventory
Section 743 of Division C of the FY 2010 Consolidated Appropriations Act, P.L. 111-117, requires civilian agencies to prepare an annual inventory of their service contracts. A service contract inventory is a tool for assisting an agency in better understanding how contracted services are being used to support mission and operations and whether the contractors’ skills are being utilized in an appropriate manner. The effective development and analysis of a service contract inventory as part of human capital planning can help an agency determine if its mix of federal employees and contractors for a given program is effectively balanced or if re-balancing may be required.
If you have any questions, please contact Jennifer Sokolower 202-987-0077.
ED service contract inventory data is included in the government-wide inventory that can be filtered to display only ED data.
FY 2018 Service Contract Inventory Analysis Report and FY 2019 Plan (PDF, 300KB)
FY 2019 Service Contract Inventory Analysis Report and FY 2020 Plan (PDF, 333KB)
FY 2020 Service Contract Inventory Analysis Report and FY 2021 Plan (PDF, 394KB)
FY 2021 Service Contract Inventory Analysis Report and FY 2022 Plan (PDF, 359KB)
FY 2022 Service Contract Inventory Analysis Report and FY 2023 Plan (PDF, 379 KB)
Find in-depth information about the Office of Finance and Operation's Indirect Cost Division and get answers to FAQs about this division.
Find general information about indirect costs here.
Find out about the division's mission and responsibilities.
Read the application of principals.
Get in-depth information about cost rate negotiations.
Read an excerpt from the U.S. DEPARTMENT OF LABOR Guide for Indirect Cost Rate Determination, Cost Principles and Procedures for Nonprofits
View the chart on Subaward, Subcontract, Professional Service Agreements, and Flow-through (pass-through) Indirect Cost Rate Determinations.
Protection of Human Subjects in Research
General Information
- Information About the Protection of Human Subjects in Research Supported by the Department -- Landing Page
- Information About the Requirements at the Application/Proposal Stage and After Award
- Where to Address Questions About the Protection of Human Subjects in Research
- Reporting Incidents to the U.S. Department of Education
Regulations Governing the Protection of Human Subjects in Research
34 CFR Part 97, Protection of Human Subjects
Includes Subpart A (Basic Policy) and Subpart D (Additional Protections for Children).
- Research Activities Which May Be Reviewed Through Expedited Review Procedures
The Department of Education's regulations authorize expedited review procedures for certain kinds of research appearing on the list established by the Secretary of Health and Human Services. - Report on: Expedited Review of Social and Behavioral Research Activities
Issued by the interagency National Science and Technology Council's Social and Behavioral Research Working Group of the Human Subjects Research Subcommittee, Committee on Science. - 34 CFR Part 98, the Protection of Pupil Rights Amendment (PPRA)
PPRA is designed to protect the rights of parents and students in programs that receive funding from the Department. - 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA)
FERPA is designed to protect the privacy of a student's education records at all public elementary and secondary schools and virtually all public and private postsecondary institutions.
Guidance and Educational Materials
- Covid-19 and Educational Research: FAQs [PDF, 270KB]
- Training: Dept. of Education: Implementing the Common Rule for the Protection of Human Subjects in Research (34 CFR 97)
- The Belmont Report
Basic reference document. The Department of Education's Regulations for the Protection of Human Subjects embody the principles of the "Ethical Principles and Guidelines for the Protection of Human Subjects of Research," known as the Belmont Report, which was issued in 1979 by the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research.
Assurance Information and Other
- Human Subjects Research Narrative instructions. - also in MS Word format (26K)
- ED Guidance on "Engagement" of Institutions in Research - also in MS Word format (26K)
- HHS Office for Human Research Protections Procedures for Registering Instutional Review Boards
- HHS Office for Human Research Protections Procedures for Filing Federal-Wide Assurances
- List of Approved Assurances on file with Office for Human Research Protections and Registered Institutional Review Boards
- Assurance Identification/Certification/Declaration of Exemption (Formerly Form 310) (RTF format)
- ED Form 424 Application for Federal Education Assistance (link to the Grant Application Forms page)
Includes grant application instructions regarding human subjects research.
The Office of Finance and Operations (OFO) is made up of the offices listed below. For guidance and resource information see the linked pages that follow each office.
View the OFO organizational chart
Guidance documents represent the Department of Education's (Department) current thinking on a topic. They do not create or confer any rights for or on any person and do not impose any requirements beyond those required under applicable law and regulations. Guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract.
Non-guidance information, The OMB Uniform Guidance (2 C.F.R 200) and the Education Department Administrative Regulations (EDGAR), are available at the following link: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – October 29, 2015.
Responsible for the overall direction and administration of the Department's administrative management functions.
OSDBU serves as an educator and advocate for small business engagement with ED.
Responsible for the development and implementation of operational policies and procedures related to management and administrative functions.
OFM is responsible for processing, reconciling, evaluating, and reporting all agency financial transactions.
DAS-OAGA leads ED toward effective and efficient Acquisition Management, including oversight, workforce development, and policy development.
Provides leadership to promote efficient and effective federal workforce management.
OSFL oversees the Department’s physical, personnel, classified information security programs.
OBSS is responsible for all IT activities that affect the Office of Finance and Operations (OFO) systems, services, or applications.
OHA provides independent forums for the resolution of disputes involving ED and recipients of federal education funds.
U.S. Department of Education FAIR Act Inventory
The Federal Activities Inventory Reform Act of 1998 (FAIR Act), Public Law 105-270, signed into law on October 19, 1998, directs Federal agencies to submit an annual inventory of commercial activities which are not inherently governmental, but which are being performed by Federal employees. The U.S. Department of Education (ED) is providing the following information in accordance with the FAIR Act and guidance from the Office of Management and Budget (OMB).
Background
Below are links to download the U.S. Department of Education's (ED) Activities Inventory. The inventory was prepared in accordance with the Office of Management and Budget (OMB) Circular A-76 and the OMB Memo M-12-09 dated March 26, 2012, and other OMB guidance. The inventories include the number of ED Full-time Equivalent (FTE) employees performing functions that could be considered commercial in nature as well as functions that are inherently governmental for that year. After review by OMB, the Department is hereby making the inventory available to the public.
2016 Activities Inventory
The inventory is available in MS Excel format.
- Summary 2016 Fair Act Inventory [MS Excel, 33K]
- 2016 Fair Act Inventory [MS Excel, 84K]
2017 Activities Inventory
The inventory is available in MS Excel format.
- Summary 2017 Fair Act Inventory [MS Excel, 32K]
- 2017 Fair Act Inventory [MS Excel, 87K]
2023 Activities Inventory
The inventory is available in MS Excel format.
- 2023 FAIR Act Inventory and Summary [MS Excel, 146KB]
Inventory Challenges and Appeals
Under Section 3 of the FAIR Act, ED's 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:
- 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.
- A representative of any business or professional association that includes within its membership private sector sources referred to in 1. above.
- An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity.
- 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.
After publication of OMB's Federal Register notice stating that ED's inventories are available, an interested party shall have 30 working days to submit a written inventory challenge. The inventory challenge shall be limited to (a) the reclassification of an activity as inherently governmental or commercial, or (b) the application of reason codes. Function codes shall not be subject to the inventory challenge process. A written inventory challenge shall be submitted to agency inventory challenge authorities and shall specify the agency, agency component, agency organization, function(s), and location(s) for the activities being challenged.
Within 28 working days of receiving the inventory challenge, ED inventory challenge authorities shall (a) validate the commercial or inherently governmental categorization or reason code designation of the activity, in a written inventory challenge decision; and (b) transmit the inventory challenge decision, including the rationale for the decision, to the interested party. ED inventory challenge authorities shall include an explanation of the interested party's right to file an appeal in any adverse challenge decision.
Upon receipt of an adverse inventory challenge decision, an interested party shall have 10 working days to submit a written appeal of this decision to ED inventory appeal authorities.
Within 10 working days of receipt of the appeal, ED inventory appeal authorities shall issue and transmit a written inventory appeal decision to the interested party. This inventory appeal decision shall include the rationale for the decision.
When the inventory challenge process results in a change to ED's inventory, ED shall (a) transmit a copy of the change to OMB and Congress; (b) make these changes available to the public; and (c) publish a notice of public availability in the Federal Register.
Submit Challenges and Appeals to:
U.S. Department of Education
Office of Finance and Operations
ATTN.: Strategic Acquisition Management Initiatives (SAMI)
400 Maryland Avenue, SW - Room 5B243
Washington, DC 20202
Questions Regarding ED's Inventory
For further information regarding the inventory, ED requests that questions or comments be submitted in writing. E-mail questions to the Acquisition Career Manager/Workforce mailbox: ACMW@ed.gov.
Links to FAIR Guidance
OMB FAIR Act Users Guide OMB developed this guide to assist the public in reviewing and understanding the commercial activities inventories developed by agencies under the FAIR Act. Includes the list of Activity/Function codes and explanations of Reason Codes.
FAIR Act of 1998 The Federal Activities Inventory Reform Act of 1998 (Public Law 105-270), provides a process for identifying the functions of the Federal Government that are not inherently governmental functions, and for other purposes.
Reason Codes for Commercial Activities Inventory
U.S. Department of Education Contract Information Contains currently available Forecast of Contract Opportunities, FedBizOpps Link to Notices and other information for organizations wishing to do business with ED.
Service Contract Inventory
Section 743 of Division C of the FY 2010 Consolidated Appropriations Act, P.L. 111-117, requires civilian agencies to prepare an annual inventory of their service contracts. A service contract inventory is a tool for assisting an agency in better understanding how contracted services are being used to support mission and operations and whether the contractors’ skills are being utilized in an appropriate manner. The effective development and analysis of a service contract inventory as part of human capital planning can help an agency determine if its mix of federal employees and contractors for a given program is effectively balanced or if re-balancing may be required.
If you have any questions, please contact Jennifer Sokolower 202-987-0077.
ED service contract inventory data is included in the government-wide inventory that can be filtered to display only ED data.
FY 2018 Service Contract Inventory Analysis Report and FY 2019 Plan (PDF, 300KB)
FY 2019 Service Contract Inventory Analysis Report and FY 2020 Plan (PDF, 333KB)
FY 2020 Service Contract Inventory Analysis Report and FY 2021 Plan (PDF, 394KB)
FY 2021 Service Contract Inventory Analysis Report and FY 2022 Plan (PDF, 359KB)
FY 2022 Service Contract Inventory Analysis Report and FY 2023 Plan (PDF, 379 KB)
Find in-depth information about the Office of Finance and Operation's Indirect Cost Division and get answers to FAQs about this division.
Find general information about indirect costs here.
Find out about the division's mission and responsibilities.
Read the application of principals.
Get in-depth information about cost rate negotiations.
Read an excerpt from the U.S. DEPARTMENT OF LABOR Guide for Indirect Cost Rate Determination, Cost Principles and Procedures for Nonprofits
View the chart on Subaward, Subcontract, Professional Service Agreements, and Flow-through (pass-through) Indirect Cost Rate Determinations.
Protection of Human Subjects in Research
General Information
- Information About the Protection of Human Subjects in Research Supported by the Department -- Landing Page
- Information About the Requirements at the Application/Proposal Stage and After Award
- Where to Address Questions About the Protection of Human Subjects in Research
- Reporting Incidents to the U.S. Department of Education
Regulations Governing the Protection of Human Subjects in Research
34 CFR Part 97, Protection of Human Subjects
Includes Subpart A (Basic Policy) and Subpart D (Additional Protections for Children).
- Research Activities Which May Be Reviewed Through Expedited Review Procedures
The Department of Education's regulations authorize expedited review procedures for certain kinds of research appearing on the list established by the Secretary of Health and Human Services. - Report on: Expedited Review of Social and Behavioral Research Activities
Issued by the interagency National Science and Technology Council's Social and Behavioral Research Working Group of the Human Subjects Research Subcommittee, Committee on Science. - 34 CFR Part 98, the Protection of Pupil Rights Amendment (PPRA)
PPRA is designed to protect the rights of parents and students in programs that receive funding from the Department. - 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA)
FERPA is designed to protect the privacy of a student's education records at all public elementary and secondary schools and virtually all public and private postsecondary institutions.
Guidance and Educational Materials
- Covid-19 and Educational Research: FAQs [PDF, 270KB]
- Training: Dept. of Education: Implementing the Common Rule for the Protection of Human Subjects in Research (34 CFR 97)
- The Belmont Report
Basic reference document. The Department of Education's Regulations for the Protection of Human Subjects embody the principles of the "Ethical Principles and Guidelines for the Protection of Human Subjects of Research," known as the Belmont Report, which was issued in 1979 by the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research.
Assurance Information and Other
- Human Subjects Research Narrative instructions. - also in MS Word format (26K)
- ED Guidance on "Engagement" of Institutions in Research - also in MS Word format (26K)
- HHS Office for Human Research Protections Procedures for Registering Instutional Review Boards
- HHS Office for Human Research Protections Procedures for Filing Federal-Wide Assurances
- List of Approved Assurances on file with Office for Human Research Protections and Registered Institutional Review Boards
- Assurance Identification/Certification/Declaration of Exemption (Formerly Form 310) (RTF format)
- ED Form 424 Application for Federal Education Assistance (link to the Grant Application Forms page)
Includes grant application instructions regarding human subjects research.
OFO works to transform the Department of Education (ED or Department) into a high-performance, customer-focused organization by providing services to our customers to help them better manage their people, processes, and overall strategy.
Our Locations
400 Maryland Ave., SW
Room 214-32 LBJ
Washington, DC 20202
