Subject: Merit Promotion and Placement (Updated with Change 1)

Responsible Office: Office of the Chief Human Capital Officer

Chapter 3. Competitive Procedures

3.1 When Competitive Procedures Are Required

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. The option to make these promotions permanent without additional competition will be 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. The option to extend a detail without further competition will be 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 RIF regulations.

e. Transfer to a position at a higher grade or with more promotion potential than a position previously held on a permanent basis in the competitive service.

f. Reinstatement to a permanent or temporary position at a higher grade or with more promotion potential than a position previously held on a permanent basis in the competitive service if the individual has not been separated from the competitive service for at least 52 weeks.

3.1.2 Competitive procedures may be used to select term employees who meet conversion requirements in accordance with NPR 3300.1, Employment, Appointment Authorities, and Details.

3.2 When Competitive Procedures Are Not Required

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) based on 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, Classification, Position Management, and Promotions.

b. A position change permitted by RIF 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:

(1) When 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 will be clear evidence of competition, e.g., a remark on the notification of personnel action.

(2) After a Pathways Program participant is noncompetitively converted under Pathways Program, 5 CFR pt. 362, up to the established full-performance grade level of the position to which the employee was converted.

(3) 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, or detail to a position having promotion potential no greater than the promotion potential of the position the employee currently holds or previously held. For additional information see, Agency Promotion Programs, 5 CFR § 335.103 (3) (v).

h. Reinstatement to any position in the competitive service for which an individual is qualified at a higher grade level or with more promotion potential than a career or career-conditional position previously held by the individual, provided the individual has been separated for at least 52 weeks before applying for reinstatement and received a rating of record of at least fully successful (or equivalent) as their most recent rating of record while serving on a career or career-conditional appointment. (Reference 5 CFR § 335.103 (c) (3) (viii)).

i. Selection of an applicant who is eligible for a non-competitive appointing authority based on service as a former Peace Corps/AmeriCorps Volunteers in Service to America (VISTA) volunteer. Such appointments are subject to clearing Interagency Career Transition Assistance Plan (ICTAP). For additional information see, Career and Career-Conditional Employment, 5 CFR pt. 315.

j. 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 as required by NPR 3300.1.

k. Appointment of a 30 percent or more disabled veteran.

l. Appointment of an individual with disabilities covered by 5 CFR § 213.3102 (u).

m. Selection of a candidate from a reemployment priority list or a special or priority consideration list in accordance with applicable regulations and this directive.

n. Selection of a candidate under Direct Hire Authority.

Note: Although non-competitive transfer and reinstatement actions do not require competitive procedures, a vacancy announcement is required to clear ICTAP candidates and provide an opportunity to VEOA eligibles prior to appointment.

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