Common use of Application of Competitive Procedures Clause in Contracts

Application of Competitive Procedures. A. Competitive procedures apply to the following actions: (1) Permanent promotion to a higher-graded position or to a position with a higher full performance level than previously held on a permanent basis in the competitive service. (2) Temporary promotions for more than 120 calendar days or details for more than 120 calendar days to a higher-graded position or to a position with greater promotion potential than previously held on a permanent basis in the competitive service. (3) Selection for training which is part of an authorized training agreement required before an employee may be considered for promotion. (4) Reassignment, transfer or change to a lower-graded position with promotion potential greater than any position held on a permanent basis in the competitive service. (5) Reinstatement to a permanent or temporary position at a higher grade with a higher full performance level than any position previously held on a permanent basis in the competitive service. (6) Promotions due to the addition of substantive, new and higher-graded duties when the new position is not a clear successor to the old position or there are other employees serving in similar or identical positions within the organizational unit to whom the new duties could have been assigned. B. Competitive procedures do not apply to the following actions: (1) Upgrading of a position resulting from the correction of an initial classification error. (2) A promotion resulting from an employee’s position being classified at a higher grade (with no further promotion potential) because of additional duties and responsibilities, commonly referred to as accretion of duties. The noncompetitive upgrade requires the employee to continue to perform the same basic function in the new position that is a clear successor to and absorbs the duties of the old position. In addition, there are no other employees within the organizational unit to whom the additional duties and responsibilities could have been assigned. (3) Actions taken under Reduction in Force. (4) Promotions without current competition when the employee competed earlier for an assignment intended to prepare the employee for the position being filled, and the intent was made a matter of record and made known to all potential candidates. These are commonly referred to as career ladder promotions. (5) Re-promotion, permanent or temporary, to a grade previously held on a permanent basis in the competitive service. (6) Promotion, reassignment, transfer, change to lower grade or reinstatement of an employee from a position with known promotion potential to another position having no higher promotion potential than any other position previously held on a permanent basis in the competitive service. (7) Promotion to a position with a representative pay rate equal to or lower than that of any position previously held on a permanent basis in the competitive service. (8) Details to higher-graded positions or temporary promotions not to exceed 120 calendar days. (9) Details made in 120 calendar day increments up to one year to unclassified duties. (10) Details made in 120 calendar day increments to the same grade or lower-graded positions (11) Time-limited promotions made permanent when such a possibility was publicized in the original competition notice. (12) Selection of a candidate not given proper consideration in a previous competitive promotion action.

Application of Competitive Procedures. A. a. Competitive procedures apply to the following actions: (1) Permanent Temporary promotion of more than one hundred twenty (120) days. (2) Selection for detail for more than one hundred twenty (120) days to either a higher-higher graded position or to a position with a higher full performance level than previously held on a permanent basis in the competitive service. (2) Temporary promotions for more than 120 calendar days or details for more than 120 calendar days to a higher-graded position or to a position with greater known promotion potential than previously held on a permanent basis in the competitive servicepotential. (3) Selection for training which is part of an authorized training agreement required before an employee may be considered for promotion. (4) Reassignment, transfer Reassignment or change demotion to a lower-graded position with promotion more potential greater than any the employee's current position held on a permanent basis in the competitive service(except as permitted by RIF regulations). (5) Reinstatement Transfer from another agency to a permanent higher graded position or temporary a position at with more promotion potential than a higher grade with a higher full performance level than any position previously held on a permanent basis in the competitive service. (6) Promotions due Reinstatement to a permanent or temporary position at a higher grade than a position previously held under a non-temporary appointment in the addition of substantive, new and higher-graded duties when the new position is not competitive service or to one having potential for advancement to a clear successor to the old position or there are other employees serving in similar or identical positions within the organizational unit to whom the new duties could have been assignedhigher grade. B. (7) Selection of a person from the Reemployment Priority List for a position at a higher grade than that from which separated; or (8) All permanent promotions to positions unless made under one of the exceptions or exclusions in paragraph b of this section. b. Competitive procedures do not apply to the following actionsto: (1) Upgrading A promotion resulting from the upgrading of a position resulting from without significant change in the duties and responsibilities due to the issuance of a new classification standard or the correction of an initial classification error. (2) A promotion resulting from an employee’s position being classified at a higher grade (with no further promotion potential) because of additional duties and responsibilities, commonly referred to as accretion of duties. The noncompetitive upgrade requires the employee to continue to perform the same basic function in the new position that is a clear successor to and absorbs the duties of the old position. In addition, there are no other employees within the organizational unit to whom the additional duties and responsibilities could have been assignedchange permitted by RIF regulations. (3) Actions taken under Reduction in ForcePromotion resulting from upgrading of a position due to the accretion of duties. (4) Promotions without current Career promotions when competition when the employee competed was held at an earlier for an assignment intended to prepare the employee for the position being filleddate (e.g., and the intent was made a matter of record and made known to all potential candidates. These are commonly referred to as apprentice, trainee, understudy, developmental, or career ladder promotionspositions). (5) Temporary promotions of one hundred twenty (120) days or less. (6) Details of not more than one hundred twenty (120) days to higher graded positions or to positions with known promotion potential. (7) Re-promotion of an employee who was demoted without personal cause and not at his or her request. (8) Selection of a permanent government employee from OPM delegation of authority registers for higher graded positions or positions with known promotion potential. (9) Promotion, reassignment, demotion, transfer, reinstatement, or detail of an employee to any position and/or grade level which he or she currently holds or formerly held on a permanent basis. (10) Promotion of an employee, which because of pay setting policies, results in a technical promotion only. (11) Transfer of a current Federal employee or reinstatement of a former Federal employee to a position that is no higher than a position previously held on a permanent basis under a career or career conditional appointment, provided the employee was not demoted or separated from that previous position for cause or for performance deficiencies. (12) Position change (either reassignment, demotion, or promotion) of any permanent employee from a position having known promotion potential to a position having no higher potential; or (13) Selection of an individual accorded priority consideration. c. The Activity may take the following actions in lieu of merit promotion in compliance with rules, regulations and this MLA: (1) Selections from the Priority Placement Program. (2) Selections from OPM delegation of authority register. (3) Reinstatement to the same or lower grade level previously held on a permanent basis. (4) Reassignments, promotion, permanent demotion or temporary, transfer to another Federal agency to a grade previously position with no higher potential than a position held on a permanent basis in the competitive service;. (5) Selections from the Reemployment Priority List at the same or lower grade level with no higher grade potential than the position from which separated. (6) PromotionSelections under special non-competitive appointment authorities (e.g., reassignmentVeterans Readjustment Appointment, transferhandicapped applicants, change to lower grade or reinstatement of an employee from a position with known promotion potential to another position having no higher promotion potential than any other position previously held on a permanent basis in the competitive servicecooperative education placements, 30 percent disabled veterans). (7) Promotion to a position with a representative pay rate equal to or lower than that of any position previously held on a permanent basis in the competitive service. (8) Details to higher-graded positions or temporary promotions not to exceed 120 calendar days. (9) Details made in 120 calendar day increments up to one year to unclassified duties. (10) Details made in 120 calendar day increments to the same grade or lower-graded positions (11) Time-limited promotions made permanent when such a possibility was publicized in the original competition notice. (12) Selection of a candidate not given proper consideration in a previous competitive promotion action.