Common use of Following Claimants are Ineligible for Priority Consideration Clause in Contracts

Following Claimants are Ineligible for Priority Consideration. Any Claimant who is deemed ineligible based on subsections (a)-(g) below may utilize the dispute resolution procedures set forth in Section VIII of this Settlement Agreement. Ineligibility determinations based on subsections (h)-(i) are not subject to the dispute resolution procedures in Section VIII of this Settlement Agreement. a. Claimant is not currently employed by USMS; b. If eligibility is based on seeking a promotion via an MPA as defined in Section V(B)(4) below and the Claimant has already achieved the grade that they were seeking through the Covered MPA; c. If eligibility is based on seeking a lateral position via an MPA in IOD or XXX and the Claimant obtained a position in IOD or XXX since the date of the Covered MPA; d. Claimant was ineligible for the Covered MPA based on the Agency’s records at the time of the Covered MPA (e.g., failure to complete all required application paperwork, failure to meet Quality Ranking Factors/Selective Placement Factors, failure to meet area of consideration); e. Claimant withdrew from consideration prior to the selection for the Covered MPA; f. For Claimants whose eligibility is based on a Covered MPA issued in or before August 2017, Claimant had a score that was below the lowest score to qualify g. For Claimants whose eligibility is based on a Covered MPA issued after August 2017, Claimant did not make the BQ List for the Covered MPA; h. Claimant does not meet USMS’ Integrity Check Criteria (e.g., engaged in act of misconduct as determined by a USMS Proposing Official) at either the time of Priority Consideration, or the time of the Covered MPA. Claimants exercising Priority Consideration are subject to integrity checks by using the same method as that used in the merit promotion process (evaluation by the Proposing Official related to open investigation and/or pending discipline); and/or i. Any Claimant the Agency deems an Ineligible Claimant, who chooses not to pursue dispute resolution procedures as set forth in Section VIII below.

Following Claimants are Ineligible for Priority Consideration. Any Claimant who is deemed ineligible based on subsections (a)-(g) below may utilize the dispute resolution procedures set forth in Section VIII of this Settlement Agreement. Ineligibility determinations based on subsections (h)-(i) are not subject to the dispute resolution procedures in Section VIII of this Settlement Agreement. a. Claimant is not currently employed by USMS; b. If eligibility is based on seeking a promotion via an MPA as defined in Section V(B)(4) below and the Claimant has already achieved the grade that they were seeking through the Covered MPA; c. If eligibility is based on seeking a lateral position via an MPA in IOD or XXX and the Claimant obtained a position in IOD or XXX since the date of the Covered MPA; d. Claimant was ineligible for the Covered MPA based on the Agency’s records at the time of the Covered MPA (e.g., failure to complete all required application paperwork, failure to meet Quality Ranking Factors/Selective Placement Factors, failure to meet area of consideration); e. Claimant withdrew from consideration prior to the selection for the Covered MPA; f. For Claimants whose eligibility is based on a Covered MPA issued in or before August 2017, Claimant had a score that was below the lowest score to qualifyqualify for any Best Qualified (hereinafter, “BQ”) List during the same Career Board(s) as Claimant’s Covered MPA(s); g. For Claimants whose eligibility is based on a Covered MPA issued after August 2017, Claimant did not make the BQ List for the Covered MPA; h. Claimant does not meet USMS’ Integrity Check Criteria (e.g., engaged in act of misconduct as determined by a USMS Proposing Official) at either the time of Priority Consideration, or the time of the Covered MPA. Claimants exercising Priority Consideration are subject to integrity checks by using the same method as that used in the merit promotion process (evaluation by the Proposing Official related to open investigation and/or pending discipline); and/or i. Any Claimant the Agency deems an Ineligible Claimant, who chooses not to pursue dispute resolution procedures as set forth in Section VIII below.