NASA Procedural Requirements

NPR 3335.1J Effective Date: June 29, 2023 Expiration Date: June 29, 2028

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

Responsible Office: Office of the Chief Human Capital Officer

Chapter 6. Special Consideration

6.1 Displaced Employee Programs

6.1.1 The reemployment priority list is a statutory placement program administered under 5 CFR 330, subpt. B, and NPR 3330.1, NASA Career Transition Assistance Plan (CTAP). Under this program, eligible employees separated by RIF or fully recovered from a compensable injury after more than one year receive priority consideration in their commuting area.

6.1.2 Placement requirements for displaced individuals eligible for the NASA CTAP and ICTAP are contained in NPR 3330.1.

6.2 Special Consideration for Repromotion

6.2.1 Agency employees who have been demoted without personal cause are entitled to special consideration for repromotion. Special consideration will be provided in the same commuting area where the employee was demoted starting on the effective date of the change to lower grade action.

6.2.2 Special consideration applies to positions at the employee's former grade, or any intervening grades that are to be filled under this plan. It does not apply to positions with promotion potential higher than the retained grade.

6.2.3 The entitlement to special consideration continues for two years, unless the employee declines a reasonable offer of a position as defined in 5 CFR pt. 536, or accepts an equivalent position and is promoted back to the level of the retained grade.

6.3 Requests for Reconsideration of a Referral Decision

6.3.1 An employee may request reconsideration of a referral decision by forwarding a written request to the OCHCO. Applicants who question a rating decision may request reconsideration of that decision within 15 calendar days of notification of non-referral. The request should include the reason(s) why the applicant believes the referral decision was not proper. The provisions in this section also apply to applicants external to the Agency who are eligible to apply to vacancy announcements issued under MP procedures.

6.3.2 Such requests will be assigned to an HR specialist who had no involvement in the original referral decision to conduct a review and provide a recommendation to the CHCO or designee.

6.3.3 Applicants will be provided a timely written response (usually within ten business days) as to the outcome of the determination along with an explanation of the reason(s) for the decision. If the job has not been filled, the review and determination should be expedited to avoid a potential missed consideration of a vacancy or promotion opportunity.

6.3.4 In the reconsideration process, the CHCO or designee's decision is final. Agency employees may use the Agency administrative or bargaining unit grievance system (as applicable) when they are not satisfied with the results of the reconsideration process under this plan.

6.4 Correction of Procedural Errors

6.4.1 If an error results in an applicant being improperly excluded from consideration on a certificate, the certificate will be amended, unless a selection has been made.

6.4.2 If a selection has already been made, the applicant who missed consideration due to an error is entitled to priority consideration for the next available similar vacancy filled under this plan. If no selection is made and the certificate is cancelled, the applicant is not entitled to receive priority consideration.

Note 1: Priority consideration means that an individual is referred to the selecting official for bona fide consideration for the next similar vacancy before other candidates are considered under competitive procedures. If selected, the placement action is an exception to the competitive procedures.

Note 2: A similar vacancy is defined as a vacancy at the same grade and in a similar (although not necessarily identical) occupational series to the position for which the error occurred, in the same geographic area, and under the same appointing office (i.e., Center HR office) as the position for which the employee was denied proper consideration.

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