Eligibility Criteria for Individuals to Temporarily Fill Vacant Positions Under the Federal Vacancies Reform Act of 1998

GAO-01-468R: Feb 23, 2001

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This correspondence describes the criteria that must be met before an individual is appointed to temporarily fill a vacant executive position that requires presidential appointment and Senate confirmation (PAS). GAO found that eligibility can be based on (1) service as a first assistant to the former holder of the position, (2) service in another PAS position, (3) service as a senior agency official, and (4) service in a term limited PAS position for which the president has nominated the individual to another term without a break in service. Documentation ensuring that the eligibility requirements have been met can include (1) copies of the statute, regulation, or other documentation that designates the individual's position as first assistant to the vacant position; (2) copies of documents showing that the official is a PAS official; and (3) a presidential directive that the official whose term was expiring should continue to serve in that position in an acting capacity.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

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