Vacancy Act Violation Letter-Department of Agriculture, March 18, 2002

B-289367: Mar 18, 2002

Additional Materials:


Robert J. Cramer
(202) 512-7227


Office of Public Affairs
(202) 512-4800

Pursuant to section 3349(b) of title 5 of the United States Code, we are reporting a violation of the Federal Vacancies Reform Act of 1998 (Vacancies Reform Act). We have found that the senior associate General Counsel of the Department of Agriculture has been serving and continues to serve as acting General Counsel for a period longer than allowed for such acting service under the Act. In addition, information we have received from the senior Associate General Counsel indicates that he was not entitled to serve as acting General Counsel under the provisions of the Vacancies Reform Act.

As required by the Vacancies Reform Act, the Department of Agriculture reported to us that James Michael Kelly has been serving as acting General Counsel since January 22, 2001. The position of General Counsel is a PAS position subject to the Act. In response to our inquiry concerning the status of Mr. Kelly's acting service, Mr. Kelly informed us that he was still serving as acting General Counsel up to the present time.

Nov 22, 2017

Nov 21, 2017

  • A-P-T Research, Inc.
    We deny the protest in part and dismiss the protest in part.

Nov 20, 2017

Nov 16, 2017

  • HBI-GF, JV
    We deny the protest.
  • Epsilon Systems Solutions, Inc.
    We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction.

Nov 15, 2017

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