Effective Date: June 20, 2016
Expiration Date: December 20, 2022
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3.1.1 Competitive procedures and the use of a MP announcement are required for the following actions:
a. Temporary promotions over 120 days. In computing the 120 days, prior service under all noncompetitive details to higher-graded positions or noncompetitive temporary promotions during the preceding 12 months is included. Centers may include the option to make these promotions permanent without additional competition when it is clearly stated in the announcement.
b. Details of more than 120 days to a higher-graded position or to a position with greater promotion potential. Centers may use the option of extending a detail without further competition when it is clearly stated in the announcement.
Note: For temporary promotions and details for more than 120 days, competitive procedures are not required when the individual has previously held the higher grade on a permanent basis or was selected and appointed to a permanent position with promotion potential to the higher grade.
c. Training that is required for promotion.
d. Reassignment or change to a lower grade to a position with more promotion potential than a non-temporary position previously held (except when permitted by reduction-in-force regulations).
e. Competitive procedures may be used to select term employees who meet conversion requirements in accordance with NPR 3300.1.
3.2.1 Competitive procedures are not required for the following actions:
a. Promotion resulting from reclassification of a position (without significant change in duties and responsibilities) on the basis of one of the following:
(1) The issuance of a new classification standard.
(2) The correction of a classification error.
(3) A classification action resulting in an accretion of duties or impact of the person on the job in accordance with NPD 3511.1.
b. A position change permitted by reduction-in-force regulations.
c. Any action, including a promotion, directed by an individual or organization with authority that supersedes this plan. These include, but are not limited to, actions as a result of discrimination complaint decisions, court decisions, settlement of judicial or administrative cases, or arbitrators' decisions.
d. A career promotion, when:
(1) Competition was held at an earlier stage, and the promotion is to a grade at or below the full performance level of the position in which the employee competed. In such cases, there must be clear evidence of competition, e.g., a remark on the notification of personnel action.
(2) Promotion of a Pathways Program participant and following the noncompetitive conversion of a Pathways appointment to the full-performance grade level of the position for which the employee initially competed.
(3) Promotion of a veterans' recruitment appointee, a 30 percent or more disabled veteran, or a Schedule A appointee covered by 5 CFR § 213.3102 (u) to the established full-performance level of the position to which they were appointed.
e. Temporary promotions for periods of 120 days or less.
f. Details for 120 days or less to a higher-graded position or position with promotion potential.
g. Promotion, transfer, reassignment, demotion, reinstatement, or detail to a position having promotion potential no greater than the promotion potential of the position the employee currently holds or previously held. (Reference 5 CFR § 335.103 (3) (v)).
Note: Although reinstatement and transfer actions do not require competitive procedures, a vacancy announcement is required to clear ICTAP candidates
prior to appointment.
h. Selection of an applicant who is eligible for a non-competitive appointing authority based on service as a former Peace Corps/AmeriCorps VISTA volunteer. Such appointments are subject to clearing ICTAP. (Reference 5 CFR 315).
i. Selection of a term employee appointed under 5 U.S.C. 9806 who is eligible for non-competitive conversion to a career or career-conditional appointment. (Reference NPR 3300.1).
j. Appointment of a 30 percent or more disabled veteran.
k. Appointment of an individual with disabilities covered by 5 § CFR 213.3102 (u).
l. Selection of a candidate from a reemployment priority list or a special or priority consideration list in accordance with applicable regulations and this directive.
m. Selection of a candidate under Direct Hire Authority.
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