Common use of Discretionary Actions Clause in Contracts

Discretionary Actions. Agencies may at their discretion except the fol- lowing actions from competitive proce- dures of this section: (i) A promotion without current com- petition of an employee who was ap- pointed in the competitive from a civil service register, by direct hire, by non- competitive appointment or non- competitive conversion, or under com- petitive promotion procedures for an assignment intended to prepare the employee for the position being filled (the intent must be made a matter of record and career ladders must be doc- umented in the promotion plan); (ii) A promotion resulting from an employee’s position being classified at a higher grade because of additional duties and responsibilies; (iii) A temporary promotion, or de- tail to a higher grade position or a po- sition with known promotion poten- tial, of 120 days or less; (iv) Promotion to a grade previously held on a permanent basis in the com- petitive service (or in another merit system with which OPM has an inter- change agreement approved under § 6.7 of this chapter) from which an em- ployee was separated or demoted for other than performance or conduct rea- sons; (v) Promotion, reassignment, demo- tion, transfer, reinstatement, or detail to a position having promotion poten- tial no greater than the potential of a position an employee currently holds or previously held on a permanent basis in the competitive service (or in another merit system with which OPM has an interchange agreement ap- proved under § 6.7 of this chapter) and did not lose because of performance or conduct reasons; and (vi) Consideration of a candidate not given proper consideration in a com- petitive promotion action. (vii) Appointments of career SES ap- pointees with competitive service rein- statement eligibility to any position for which they qualify in the competi- tive service at any grade or salary level, including Senior-Level positions established under 5 CFR Part 319—Em- ployment in Senior-Level and Sci- entific and Professional positions.