6.335.1 IRS Merit Promotion Plan and Internal Placement

Manual Transmittal

March 20, 2013

Purpose

(1) This transmits revised IRM 6.335.1, Promotion and Internal Placement.

Background

This IRM is part of the Servicewide effort to provide IRS Human Resource practitioners with the most current policies and procedures from the Human Capital Office, Employment, Talent and Security Division.

IRM 6.335.1, Merit Promotion Plan, dated December 29, 2009 has been revised to include current Servicewide policy and procedures. The following guidance has been superseded:

  1. Interim Guidance HCO-06-1110-002, Accelerated Training and Promotion Program, dated November 9, 2010.

  2. Policy 20, Priority Consideration, dated December 24, 2001.

  3. Policy 64, Restricted Area of Consideration for NBU Permanent Continuing Position Vacancy Announcement.

  4. Alert 335-32, Interim Procedures for Tracking Temporary Actions to Same or Lower Grade, dated June 4, 2010.

  5. Alert 335-39, LB&I Approval of Temporary Promotions for Specific Large Case Audits in Increments Longer than One Year, dated July 26, 2011.

  6. Alert 335-40, Calculating Limits on Temporary Promotions, dated November 23, 2011 (previously dated July 21, 2011).

  7. Alert 335-42, Quality Groups and Internal Non-Bargaining Unit (NBU) Positions Announced in an Automated Hiring System.

Material Changes

(1) IRM 6.335.1 provides Servicewide policy, standards, requirements, and guidance relating to the administration of promotion and internal placement within the IRS. This IRM must be read and interpreted in accordance with pertinent law, Governmentwide regulations, Treasury Human Resources Directives, and applicable case law. All previous official Servicewide policy guidance, requirements, and authorities formerly contained in memoranda, guides, processing guidance, and other documents are incorporated into this IRM, if current and applicable.

(2) For employees in bargaining units covered by negotiated agreements, appropriate negotiated agreement provisions relating to subjects in this Chapter should also be reviewed. For bargaining unit employees, should any of these instructions conflict with a provision of a negotiated agreement, the agreement will prevail.

(3) IRM 6.335.1.4, Definitions, was revised to include additional definitions.

(4) IRM 6.335.1.9, Career Promotions, was revised to include additional explanatory information.

(5) IRM 6.335.1.10.1, Calculating Limits on Non-Competitive Temporary Promotions, was added.

(6) IRM 6.335.1.10.6, LB&I Approval of Temporary Promotions for Specific Large Case Audits in Increments Longer than One Year, was added.

(7) IRM 6.335.1.12.14, Determining Highly and Best Qualified, was revised for additional clarification.

(8) IRM 6.335.1.12.14.1, Use of Quality Groups For Internal Non-Bargaining Unit (NBU) Non-Managerial Positions Announced in CareerConnector (CC), was added.

(9) IRM 6.335.1.12.16, Temporary Reassignment Actions, was added.

(10) IRM 6.335.1.12.16.1(2) Temporary Reassignment Actions, was reworded.

(11) IRM 6.335.1.17, Release of Evaluative Information to Employees, Unions and Others, was reworded.

(12) IRM 6.335.1.21.1, Accelerated Training and Promotion Program, was added.

(13) Exhibit 1-2, Acknowledgement of Temporary Promotion, was added.

(14) Exhibit 1-10, Calculating Limits for Temporary Promotions, was added.

(15) Exhibit 1-11, Acknowledgement of Temporary Reassignment, was added

(16) Editorial changes were made throughout as needed.

Effect on Other Documents

Interim Guidance HCO-06-1110-002, Accelerated Training and Promotion Program, dated November 9, 2010; Policy 20, Priority Consideration, dated December 24, 2001; Alert 335-32, Interim Procedures for Tracking Temporary Actions to Same or Lower Grade, dated June 4, 2010; Alert 335-39, LB&I Approval of Temporary Promotions for Specific Large Case Audits in Increments Longer than One Year, dated July 26, 2011; Alert 335-40, Calculating Limits on Temporary Promotions, dated November 23, 2011 (previously dated July 21, 2011); and IRM 6.335.1, Merit Promotion Plan, dated December 29, 2009, are superseded.

Audience

All Operating Divisions and Functions

Effective Date

(03-20-2013)

Becky Barber
Director, Employment, Talent and Security Division

Overview of IRM 6.335.1

  1. This IRM constitutes the Merit Promotion Plan (Plan) of the IRS. In accordance with 5 CFR § 335.103, the Plan ensures a systematic means of selection for promotion and internal placement actions according to merit. Such actions must be taken in accordance with this Plan and all other applicable statutory, regulatory, and contractual requirements.

Purpose

  1. The Plan ensures that promotions and other actions (whether competitive or noncompetitive) are based on merit, and that all employees are provided with the opportunity to develop their capabilities to the fullest.

  2. Merit system principles were established by the Civil Service Reform Act of 1978 (CSRA) and codified at 5 USC § 2301(b). All actions - whether identification, qualification, evaluation, or selection of candidates - will be made on a fair and equitable basis, without regard to any non-merit reason such as race, color, religion, age, gender, national origin, political affiliation, disability, sexual orientation, marital or family status, personal favoritism, membership or non-membership in an employee organization or activity, or the holding of office in an employee organization, and shall be based solely upon job related evaluation procedures.

  3. The Service provides reasonable accommodations to applicants with disabilities. Applicants requiring reasonable accommodation must notify their servicing Human Capital Office (HCO), Employment, Talent and Security Division (ETS), Employment Office (EO). Decisions on granting reasonable accommodation will be made on a case-by-case basis.

Scope and Authority

  1. This Plan applies to all positions within the IRS.

  2. The authority for this Plan is derived from 5 USC § 3301, 5 USC § 3302, and 5 CFR Part 335, Subpart A. The Plan is consistent with 5 CFR Part 430, Performance Management, the CSRA; and the Uniform Guidelines on Employee Selection Procedures, 29 CFR Part 1607, and the negotiated agreement for bargaining unit employees.

  3. The Department of Treasury (Treasury) has delegated to bureau heads the authority to establish and approve promotion and placement programs for their respective bureaus.

Definitions

  1. Agency - Any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.

  2. Application - Form or method used by employees to indicate interest in promotion, change to lower grade, or reassignment to a particular position or category of positions anywhere in the IRS.

  3. Appointing Office - Organizational segment with the delegated authority to effect personnel actions. Appointing offices are the servicing EOs for the Business Operating Divisions (BODs) or equivalent.

  4. Area of Consideration - The area designated by the Plan in which it can reasonably be expected to locate enough highly qualified candidates to fill vacancies in the positions covered by the Plan.

  5. Bargaining Unit Position - Position in a unit for which a union has been certified as exclusive representative.

  6. Behavioral Indicators - Crediting plan used to assess a candidate’s potential for successful job performance. These indicators are the measurable aspect of behaviors that predict a potential level of success for the competency.

  7. Best Qualified (BQ) Candidates - Highly qualified candidates who rank at the top when compared with other highly qualified candidates and who are referred to the selecting official for consideration and selection.

  8. Bonafide Consideration - A Priority Consideration (PC) eligible is referred to the selecting official alone on a certificate, or with other PC eligibles. The certificate containing the PC eligible's name will be referred before applicants with lesser priority in the order of consideration outlined in IRM 6.335.12.5.

  9. Career Promotions - The promotion of an employee without competition when:

    1. Competition was held at an earlier stage, i.e., the employee was selected from the Office of Personnel Management (OPM) register (or under other competitive promotion procedures), and the fact that the initial selection could lead to promotion was made known to all potential candidates (career ladder promotions); or

    2. Employee’s position is reclassified to a higher grade because of the accretion of additional duties and responsibilities.

  10. Change to Lower Grade (also called "Demotion" and "Reduction in Grade" ) - Personnel action that moves an employee, while serving continuously in the same agency, to: (1) a position at a lower grade when both the old and new positions are under the General Schedule or under the same type graded wage schedule, or (2) to a position with a lower rate of basic pay when both the old and the new positions are under the same type ungraded wage schedule or in a different pay-method category.

  11. Commuting Area - The geographic locality that constitutes one area for employment purposes. It includes any population center and the surrounding localities within which people live and can reasonably be expected to travel back and forth daily to their usual place of employment. The Consolidated Commuting Area document contains specific authorized commuting area definitions and may be found at: http://hco.web.irs.gov/pdf/commuteareas.pdf.

  12. Competency - A measurable pattern of knowledge, skills, abilities, behaviors, and other characteristics that an individual needs in order to perform work roles or occupational functions successfully. See Delegated Examining Operations Handbook (DEOH) Appendix F for examples at: https://www.opm.gov/deu/Handbook_2007/DEO_Handbook.pdf .

  13. Competitive Service - All civilian positions in the Federal Government that are not specifically excepted from the civil service laws by or pursuant to statute, by the President, or by the OPM under Rule VI, and that are not in the Senior Executive Service.

  14. Conversion - The change of an employee from one type of appointment to another.

  15. Crediting Plan - Criteria or standards against which the eligible candidates are compared and ranked for determining the highly and/or best qualified (BQ).

  16. Demotion - The change of an employee to a lower grade when both the old and the new positions are under the General Schedule, under the same type of graded Wage Schedule, or to a position with a lower rate of pay when both the old and new positions are under the same type of ungraded Wage Schedule or in different pay systems (i.e., IR, GM).

  17. Detail - Temporary assignments of an employee to a different position for a specified period with the employee returning to regular duties at the end of the detail. This includes positions at the same, higher, or lower grades.

  18. Eligible Candidates - Those applicants who meet the minimum qualification standards for the position and other regulatory requirements such as time in grade (TIG), as well as applicable selective placement factors, by the closing date of the announcement or by a date specified on the announcement.

  19. Evaluation Criteria - Standards of job-related knowledge, skills, abilities and other personal characteristics (e.g., behavioral indicators, etc.), and/or competencies which are indicative of successful performance in the position to be filled. Criteria are used as standards against which the eligible candidates are compared and ranked for determining the highly and/or best qualified (BQ).

  20. Evaluation Methods - The means of measuring a candidate against the evaluation criteria. Mandatory methods, which must be considered for all candidates, are performance appraisals and relevant incentive awards. Optional methods include tests, interviews and relevant training.

  21. Excepted Service - Unclassified service, unclassified Civil Service or positions outside the competitive service and the senior executive service. Excepted service positions have been excepted from the requirements of the competitive service by law, Executive order, or OPM regulation. (5 USC. 2103 and 5 CFR part 213).

  22. Exceptions - Promotions that do not require competitive procedures and are therefore excepted from competitive procedures of this Plan.

  23. Highly Qualified (HQ) Candidates - Eligible candidates who have been determined to possess the knowledge, skills, abilities and other personal characteristics described by the evaluation criteria as necessary to perform the position in a highly successful manner.

  24. Job Analysis/Job Profiling - A critical process necessary to determine the minimum knowledge, skills, abilities, and other personal characteristics required of the position to be filled to be used to identify the candidates who can be expected to perform in a fully successful manner, and to determine the applicability of appropriate evaluation methods.

  25. Knowledge, Skills, Abilities and Other Characteristics (KSAOs) - The attributes and other characteristics (i.e., professional certification) required for successful performance in a job that are generally demonstrated through qualifying experience, education, or training.

  26. Non-Status Employee - A current employee who is serving on an excepted, term, or temporary appointment that does not confer competitive status or reinstatement eligibility.

  27. Personal Competitive Status - Competitive status that was gained through employment in a career/career-conditional appointment in the competitive service that confers reinstatement eligibility.

  28. Post of Duty (POD) - The geographic location of an office or an organization.

  29. Promotion - The change of an employee to a higher grade when both the old and the new positions are under the General Schedule, or under the same type graded wage schedule; or to a position with a higher rate of pay when both the old and the new positions are under the same type of ungraded wage schedule or are in different pay systems (i.e. IR, GM).

  30. Promotion Plan - Program designed to ensure a job-related, valid, and systematic means of selection for promotion based on merit.

  31. Qualification Standards - A description of the knowledge, skills, abilities and experience requirements needed to meet basic eligibility requirements.

  32. Ranking Official/Panel - Person(s) charged with the responsibility of determining the HQ and BQ candidates as described by the evaluation criteria when an automated ranking system is not utilized.

  33. Reassignment - The change of an employee from one position to another, without promotion or demotion, within the Department of Treasury.

  34. Reinstatement Eligibility - Once a person has attained competitive status in a career or career-conditional appointment, they are entitled to reinstatement into the competitive service. If separated from a competitive service appointment as a career-conditional employee (completing less than three substantially continuous, creditable years of federal service), the individual has until three years from the date of his/her separation to be reinstated. If he/she has veterans' preference or if he/she separated from a competitive service appointment as a Career employee (completing three substantially continuous, creditable years of Federal service), he/she can be reinstated at any time.

  35. Remain in POD – When a vacancy is announced as Remain in POD, the applicant selected remains in his/her current POD for his/her permanent position of record.

  36. Seasonal Employment – Employees who work a seasonal work schedule and are on career/career-conditional, excepted, term or temporary appointments. Seasonal employees who work a seasonal work schedule are placed in non-pay status or recalled to duty as the workload dictates and in accordance with their seasonal work agreement. Seasonal employees who are career/career-conditional are entitled to full consideration as part of the minimum area for promotion as well as reassignment purposes.

  37. Selecting Official – Manager with the delegated authority to make a selection.

  38. Selective Placement Factors - KSAOs that go beyond minimum qualification standards but are prescribed as necessary for meeting basic eligibility. These factors must be essential to successful performance in the position to be filled and cannot be readily attained after promotion. The selective placement factors must be documented and justified by the KSAOs contained in the position description (PD), critical job elements, and other job related processes.

  39. Status Employee - A current or prior employee who has attained competitive status through a current or prior appointment to a career or career-conditional appointment in the federal service. Status pertains to a person, not a position.

  40. Term Appointment – Appointment to a position that will last more than one year, but not more than four years where the need for an employee’s services is not permanent. Reasons for making a term appointment include, but are not limited to: project work, extraordinary workload, scheduled abolishment, reorganization, etc. (5 CFR Part 316, Subpart C).

  41. Time After Competitive Appointment (TACA) Restriction – The provision that three months must elapse after an employee’s latest nontemporary competitive appointment before he or she may be:

    1. Promoted or reassigned, or transferred to a different line of work or to a different geographical area; or

    2. Transferred to or reinstated to a higher grade or different line of work in the competitive service (5 CFR Part 330.501). See IRM 6.330.1, Recruitment, Selection and Placement, for more information.

  42. Time-limited Promotion - Promotion made under specific and written conditions with a not-to-exceed date to meet a need of a short-term nature. Upon expiration of the short-term need, the employee so promoted normally reverts to the former position. Time-limited promotions include both "temporary" and "term" promotions.

  43. Veterans Employment Opportunities Act (VEOA) - The VEOA provides that agencies must allow eligible veterans to apply for positions announced under merit promotion procedures when the agency is recruiting from outside its own workforce. "Agency" in this context means the parent agency, i.e., Treasury, not IRS. See IRM 6.307.1, Veterans Employment Programs and Restoration to Duty, for further guidance.

Responsibilities

  1. The IRS Human Capital Officer (IRS HCO) is responsible for ensuring that:

    1. A Merit Promotion Plan is developed and implemented for the IRS;

    2. The Plan is evaluated and updated periodically; and

    3. The Plan is carried out in principle and in practice throughout the IRS.

  2. Business Operating Division (BOD) Commissioners (or equivalent) are responsible for the administration of the Plan within their respective jurisdictions.

  3. Director, Employment, Talent and Security (ETS) is responsible for:

    1. Implementing the Plan;

    2. Developing operating procedures and implementation guidance, coordinating with the IRS HCO as necessary;

    3. Providing technical assistance and advice necessary for operating the Plan;

    4. Providing timely and efficient service to operating officials in determining qualifications and referring applicants for promotion consideration;

    5. Ensuring that all employees entitled to consideration for promotion receive full and fair consideration;

    6. Ensuring procedural and documentation requirements are observed in all promotion actions. This includes the development of job-related criteria and application of appropriate evaluation methods; and

    7. Providing employees with information on the basic principles and procedures of the Plan, the career opportunities available, and the means by which they can be considered for promotion.

  4. Managers are responsible for:

    1. Complying with the spirit as well as the requirements of the Plan;

    2. Evaluating employees fairly, objectively and in a timely manner;

    3. Sharing evaluations that will be used in promotion actions with employees;

    4. Developing job-related evaluation criteria and determining appropriate evaluation methods in conjunction with ETS prior to announcing the position; and

    5. Ensuring that all employees have access to Plan procedures and are fully informed of career opportunities and related matters.

  5. Employees are responsible for:

    1. Familiarizing themselves with the provisions of the Plan;

    2. Supplying ETS with current, timely, and accurate information about their qualifications and job interests; and

    3. Submitting complete and timely application packages.

Plan Coverage

  1. Except as noted in the following paragraphs (Exclusions), the provisions of this Plan apply to all Competitive Service positions, as well as the Excepted Service positions of Attorney and Law Clerk in the IRS. Attorney and Law Clerk positions within the Office of Chief Counsel are not covered under this Plan. See IRM 6.213.1, Employment in the Excepted Service, for further guidance on Attorney positions.

  2. The provisions of the negotiated agreement will take precedence in filling bargaining unit positions where those requirements conflict with the Plan. If the provisions in the Plan are mandated by higher regulation, or the negotiated agreement is silent, the provisions herein will govern.

  3. Competitive procedures apply to the following actions:

    1. Filling a position by promotion above the highest grade held by the employee on a permanent basis;

    2. Filling a position by time-limited promotion when it becomes known the promotion will exceed 120 days;

    3. Reassignment or demotion to a position with increased promotion potential above the highest grade held by the employee on a permanent basis as required by Reduction in Force procedures (RIF);

    4. Detail of more than 120 days to a higher graded position or to a position with higher promotion potential. Competitive promotion procedures must be used if the detailed employee will have spent more than 120 days (prior service on details to higher graded positions and noncompetitive time-limited promotions included) in a higher graded position or positions with increased promotion potential during the preceding 12 months;

    5. Detail of a non-SES employee to an SES position for more than 240 days unless the employee is eligible for a non-competitive career SES appointment;

    6. Transfer (unless based upon selection from OPM Register) to a higher graded position or to one with increased promotion potential beyond the highest grade previously held on a permanent basis;

    7. Reinstatement (unless based upon selection from OPM register) to a higher graded position or to one with increased promotion potential beyond the highest grade previously held on a permanent basis;

    8. Selections for training required primarily to prepare an employee for advancement, and required for promotion (e.g., when eligibility for promotion depends on whether the employee has completed training); and

    9. Conversion of a term appointee to a permanent appointment, to a position in the same line of work if the appointee received a term appointment under competitive procedures.

Plan Exceptions

  1. The following actions must be made as exceptions to the competitive procedures of this Plan:

    1. An action taken to provide restoration entitlements to individuals with statutory placement or re-employment rights (such as an IRS employee or former IRS employee who is returning to duty after sustaining compensable work-related injuries or illness from Worker’s Compensation or returning from military service);

    2. An action taken as a remedy for failure to receive proper consideration in a competitive promotion action (priority consideration);

    3. A promotion resulting from the upgrading of a position without significant changes in duties and responsibilities due to the issuance of a new classification standard or the correction of a classification error. In such cases, the incumbent must be promoted with the upgrading of the position unless a decision is made to remove the incumbent from the position;

    4. A position change required by RIF regulations which is technically termed a promotion because the agency gives an employee the benefit of a slightly higher pay rate or because the minimum rate of the new position exceeded the rate received in the old position;

    5. A re-promotion, reassignment, developmental or training action required under the IRS Priority Placement Program (IRSPPP) for employees entitled to Grade/Pay Retention. Consideration is to be based on downgrading actions that took place on or after January 1, 1977; and

    6. A promotion resulting from the selection of a Federal employee from a competitive examination register. Such an employee is no longer to be evaluated according to promotion procedures.

  2. The Service has determined that the following actions will also be made as exceptions to the competitive procedures of this Plan:

    1. Career promotions, as defined in IRM 6.335.1.9;

    2. Promotion, reassignment, demotion, transfer, reinstatement or detail to a position having no greater promotion potential than that currently or previously held by the employee on a permanent basis in the competitive service from which an employee was not separated or demoted for performance or conduct reasons;

    3. Position change within the Department of Treasury or transfer outside the Department from a position having known promotion potential to a position having the same promotion potential as the highest grade held by the employee on a permanent basis;

    4. Detail of 120 days or less to a higher-graded position or to a position with higher promotion potential when the employee has not spent more than 120 days (prior service on details to higher graded positions, with higher promotion potential, and time limited promotions included) in a higher graded position or positions with higher promotion potential during the preceding 12 months;

    5. Temporary promotion of 120 days or less during the preceding 12 months. See Time-Limited Promotions for special guidance on the use of 180 day temporary promotions;

    6. Temporary promotion of a Criminal Investigator, for any length of time less than two years, to a higher-graded position involving potentially dangerous undercover penetration activities; and

    7. Non-competitive conversion of an employee appointed under a program that confers the authority to non-competitively reassign or promote to a competitive position as specified in IRM 6.335.1.8.

  3. Candidates outside the competitive service ("non-status" candidates without current competitive status or reinstatement eligibility to the competitive service) are excluded from consideration for competitive positions under internal merit promotion procedures and must be considered under OPM or IRS DEU competitive examining procedures. Conversion of Term appointees to permanent career or career-conditional appointments who have met the conditions described in IRM 6.335.1.11 are excepted from this requirement. The following are exceptions to these requirements:

    1. Conversion of Term appointees to permanent career or career-conditional under RRA ’98 who have met the conditions described in IRM 6.335.1.11; and

    2. VEOA applicants when recruiting outside the Department of the Treasury.

    See IRM 6.335.1.8, Special Program Coverage, for programs covered under merit promotion that have special program procedures (i.e., Schedule A Employment of People with Disabilities and VRA Appointments).

Special Program Coverage

  1. The following programs, while subject to the merit principles outlined in this Plan, have special procedures, which are covered under other documents. When these special program procedures and the Plan procedures conflict, the special procedures should be followed unless mandated by higher regulation.

    1. Management Selection Program (See IRM 6.335.1.22);

    2. Employment of People with Disabilities (5 CFR § 213.3102 (u)) and Office of Personnel Management Federal Plan for Employment of People with Disabilities. However, people with disabilities who are employed under Schedule A, 5 CFR § 213.3102(u), who apply (on a voluntary basis or in response to a vacancy announcement) must be considered for promotion in accordance with this Plan (See IRM 6.213.1, Employment in the Excepted Service);

    3. Schedule B positions (when the appointing authority does not specify a time limit on the length of the appointment) (5 CFR § 213.3201);

    4. Internal Revenue Service Priority Placement Program (IRSPPP). (IRM 6.330.1, Recruitment, Selection and Placement);

    5. Competitive Selection Procedures for Undercover Training and Assignments for Criminal Investigators;

    6. Special appointing authorities for veterans such as the Veteran’s Recruitment Appointment (See IRM 6.307.1, Veterans Employment Programs and Restoration to Duty);

    7. Computer Audit Specialist Training; and

    8. Merit staffing and classification of SES positions.

Career Promotions

  1. Career promotion is the promotion of an employee without competition when competition was held at an earlier stage. For example: An employee was selected from an OPM register or under competitive promotion procedures and the fact that the initial selection could lead to promotion was made known to all potential candidates as described below:

    1. Career ladder position - Successive career promotions of employees until reaching the full performance level may be made if all employees in the particular occupation of the organization are given grade building experience and are promoted as they meet all basic eligibility requirements. They must also demonstrate ability to perform at the next higher level. Also, there must be sufficient work at the full performance level for all employees in the group. Promotions above the full performance level must be made under competitive promotion procedures.

    2. Apprentice Position - Career promotion of an apprentice in a recognized trade or craft through the various phases of his/her apprentice program may be made, up to and including assignment to a working level position.

    3. Trainee Position - Career promotion of an employee in a trainee position may be made upon satisfactory completion of the training period. Career promotions may be made from the types of trainee positions shown in the examples below.

      • Example: Agency-established training positions if the training program is well defined, of a definite duration and involves performance of assigned tasks under close guidance and instruction with promotion scheduled upon satisfactory completion of the training period.

      • Example: Positions under OPM approved training agreements or executive development agreements (covering non-SES positions) if the agreement specifically provides for promotion and other requirements for career promotion are met.

      • Example: Positions filled by detail for the purpose of training or evaluating an employee for a higher grade position or to a position with increased promotion potential, if selection for the detail was made under competitive Plan procedures and the fact that the detail could lead to promotion without further competition was made known to all candidates.

    4. Positions filled at a grade below the established or anticipated grade, provided all potential candidates were made aware of the promotion potential to the higher grade.

  2. A career promotion also applies when the employee’s position is reclassified to a higher grade because of the accretion of additional duties and responsibilities. Such situations should be documented to clearly identify the basis for the job change (e.g. impact of the incumbent, change in the method of performing the work, etc.) When an additional position is created, or when the new position is not a clear successor to the former position, a career promotion may not be made. Likewise, a career promotion may not be made to a supervisory position on the basis of the addition of supervisory duties to a non-supervisory position (See IRM 6.511.1.8.12, Position Management and Classification Policy and Operational Guidance - Accretion of Higher-Graded Duties (Operational Guidance), for additional exclusions.

  3. Employees eligible for a career promotion who are certified by their immediate supervisor as capable of satisfactorily performing at the next higher level will be promoted on the first pay period after certification takes place and the action has been approved by the servicing EO.

    1. No employee shall receive a career ladder promotion unless his or her current rating of record under Part 430 of this chapter, is "Fully Successful" (level 3) or higher.

    2. No employee may receive a career ladder promotion who has a rating below "Fully Successful" on a critical element that is also critical to performance at the next higher grade of the career ladder.

Time-limited Promotions

  1. Time-limited promotion is generally the most appropriate means of meeting a situation requiring the temporary services of an employee in a higher graded position (except when the service is for a brief period and a detail is used). Appointing an employee to an established position gives better recognition to management needs and the employee’s new responsibilities and compensates the employee for the higher graded work performed. Therefore, managers will refrain from rotating assignments of employees to avoid compensation of a particular employee at the higher level. This would not, however, preclude the use of details to higher graded positions without a time-limited promotion, for the purpose of providing a developmental opportunity or for such reasons as workload considerations and/or budget limitations for a brief period of time.

  2. A time-limited promotion is not appropriate primarily for training or evaluating an employee in a higher graded position. It may not be used, for example, to give an employee a trial period before permanent promotion, or to train an employee in higher graded duties.

  3. Competitive promotion procedures apply in making all time-limited promotions permanent unless the time-limited promotion was made initially under competitive procedures and the fact that it might lead to a permanent position was made known to all potential candidates.

  4. Competitive promotion procedures must be used when a time limited promotion will exceed 120 days by the original action or upon extension, except for the following exceptions:

    1. When the time-limited promotion is for the purpose of assigning a Criminal Investigator to perform undercover operations. In the rare situation where a lower-graded Criminal Investigator must be assigned to a higher graded undercover assignment of less than two years in duration (i.e., that Investigator’s characteristics are the best available match for the assignment in question), a temporary promotion may be a possible consideration. In such circumstances, where adherence to the standard merit requirements might place the Investigator in potential danger or identify the assignment, temporary promotions up to two years may be approved by the Division Commissioner, Criminal Investigation; and

    2. IRS has an approved exception from OPM for noncompetitive time-limited promotions for up to 180 days for all grade/band levels within the GS-300 and GS-500 occupational groups and the GS-962 series within recognized organizations during specific pre-determined peak tax filing seasons. This authority does not apply to details. Requests for modifications to the peak filing season list must be forwarded by the Division’s Human Resources Director to Human Capital Office (HCO), ETS, Policy and Programs Office. The request must provide justification of the business need, the specific operational area and the specific peak season period. For a complete list of specific peak filing seasons see the HCO Recruitment & Staffing website at: http://hco.web.irs.gov/recruitstaff/internalplac/noncompact/index.html .

      • All 180-day noncompetitive time-limited promotions must begin and end during the specified timeframe indicated on the peak filing season list. Areas outside of the specified Division and identified timeframe are not approved for the 180-day noncompetitive time-limited promotion.

      • All time served under the 180 day noncompetitive time-limited promotion authority does not have to be consecutive, nor does it have to be in the same position or in the same recognized organization. In addition, the full 180 days does not need to be served within the recognized peak season. If time is served on a noncompetitive temporary promotion outside the recognized peak season, the remaining time can be served within the recognized peak season for a total of 180 days. However, the remaining time served must begin and end during the recognized peak season. Time served outside the peak season is limited to 120 days. See examples below:

        Example: An employee served on a 120 day noncompetitive temporary promotion outside of the peak season and is now needed during the recognized peak season of January through June. The employee can be temporarily promoted for the remaining 60 days during the January through June peak season which would total 180 days. The remaining 60 days served must begin and end during January through June. The employee received a temporary promotion effective January 15, 2012, NTE March 10, 2012.

        Example: If the peak season lasts from January through September, four months can be served from January through May and two months could be served from July through September for a total of six months.

      • Any additions to the above occupational groups and series of bargaining unit positions must be submitted to HCO, ETS, Policy and Programs Office for approval by OPM and discussion with NTEU. Additionally, prior service during the preceding twelve months under noncompetitive time-limited promotions and noncompetitive details to higher-graded positions or positions with higher promotion potential counts toward the 180-day total.

  5. A time-limited promotion for a pay band covered position should be advertised in accordance with current guidance. See IRM 6.335.1.22.

  6. A time-limited promotion ends on a specified date unless extended to meet additional temporary needs. However, it may be ended at any time, at the discretion of management. Neither adverse action nor reduction in force procedures apply when a time-limited promotion is ended and the employee is returned to his/her permanent position or placed without time limit, in a different position, in a grade no lower than their permanent position.

  7. A temporarily promoted employee may not be reassigned or demoted to a position with a higher grade or with promotion potential higher than her/his permanent position without the use of competitive procedures. The termination of the time limited promotion must be documented by a formal personnel action.

Calculating Limits on Non-Competitive Temporary Promotions

  1. On May 26, 2011 the Department of Treasury issued guidance on calculating limits for non-competitive temporary promotions. Treasury bureaus could use either the effective date or NTE date of the new non-competitive temporary promotion PAR to calculate the 12 month period between non-competitive temporary promotions. Beginning July 21, 2011 IRS changed from using the effective date to using the NTE date when determining if an employee is eligible for a 120 or 180 day non-competitive temporary promotion. This change in procedure alleviated multiple personnel actions being initiated by management and processed by HR staff and provided a greater benefit to the employee being temporarily promoted.

  2. Employment Offices should subtract one year from the NTE date of the current proposed non-competitive temporary promotion. Prior non-competitive temporary promotions and noncompetitive details to higher graded positions or positions with higher promotion potential, during the preceding 12 months must be subtracted when computing the time available. See Exhibit 6.335.1-11 for an example of how to calculate the 12 month period between non-competitive temporary promotions.

Temporary Promotion Not to Exceed (NTE) One Year

  1. Competitive time-limited promotions and all subsequent extensions (up to the maximum of five years) will be made in one year increments. The announcement will indicate that it is temporary NTE one year. At the end of the one year (or whenever deemed appropriate), the change to lower grade or extension personnel action will be processed. If the employee was serving on a second time limited promotion, known as a stacked promotion (See IRM 6.335.1.10.8), the employee can be returned to complete remaining time associated with the first temporary promotion at management's discretion. See Exhibit 6.335.1-1, Actions Required When Processing Time-Limited Promotions.

Extension of Temporary Promotion in One Year Increments

  1. Time-limited promotions can be extended in one year increments when the original temporary promotion was announced under competitive procedures as NTE one year with the possibility of extension.

  2. The vacancy announcement must contain a statement that the possibility exists for extending the time-limited promotion in increments of one year, up to not more than five years, and/or may be made permanent without further competition when it is expected that the position may be extended or made permanent.

  3. If the vacancy announcement does not contain the required language, the position must be re-announced in order for the time-limited promotion to be extended or made permanent.

Request for Temporary Promotion in Increments Over One Year

  1. Competitive time-limited promotions (and extensions) can be made in increments longer than one year at the onset of the temporary promotion with an approved business case.

  2. Business case approval will be made on a case-by-case basis by the BOD's embedded Human Resource (HR) Director. The business case must certify that the employment need is temporary and meets the regulatory requirements for a temporary time-limited promotion.

  3. Justification must include the following:

    1. The anticipated length of the assignment;

    2. Reasons for the extended need beyond one year, alternatives considered;

    3. Difficulties in filling the temporary position; and

    4. Proposed language to be included in the vacancy announcement.

  4. Examples of valid business cases could include:

    1. Filling behind an employee on extended assignment or leave of absence (i.e., maternity leave, on-the-job injury, military leave, etc.);

    2. Reorganizations where positions will be phased out or eliminated;

    3. Long-term assignment (e.g., a large case, special task force or reengineering ) to fill a business related need; and

    4. Other special circumstances.

Request for Extension of Temporary Promotion in Increments Over One Year

  1. If the initial temporary promotion was announced as NTE one year, may be extended, and there is a need to extend the temporary promotion, management must submit a business case (See IRM 6.335.1.10.4) to their embedded HR Director for approval within four weeks prior to the NTE date of the current temporary promotion. Business case approval is not required for an extension of a temporary promotion for one additional year.

  2. When the business case is approved, the embedded HR Office will notify (usually by e-mail) the appropriate servicing EO within three to five business days. The BOD or embedded HR Office will then submit a request for personnel action to the servicing EO to extend the temporary promotion; the length of the extension and business case approval must be noted in the remarks. The business case, along with the approval, will be filed in the promotion file.

    • Example: An employee is currently on a temporary promotion NTE one year that was announced as may be extended. The temporary promotion was processed with an effective date of September 12, 2012, NTE September 11, 2013. Management submits a business case in March 2012 to extend the temporary promotion for three additional years. The business case is approved and the extension is processed September 12, 2012, NTE September 11, 2015.

    Extensions can only be authorized if the vacancy announcement included a statement for an extension provided the total time period of the temporary promotion does not exceed five years.

    • Example: Management decided that the temporary need could be met in two years; however, management wanted the flexibility of extending for two additional years if work was warranted. A statement was included in the vacancy announcement that the temporary promotion was NTE two years with the possibility of an extension for two additional years. The temporary promotion would be processed with an effective date of September 12, 2012, NTE September 11, 2014. If needed, an extension would be processed with an effective date of September 9, 2014, NTE September 8, 2016.

  3. The servicing EO will review the request for personnel action for compliance and document the justification in the comments section of the PAR.

Large Business and International (LB&I) Approval of Temporary Promotions for Specific Large Case Audits

  1. On July 26, 2011, the Director ETS approved LB&I’s request to process temporary promotions in increments longer than one year and up to five years.

  2. The blanket approval is applicable only to LB&I GS-14 positions identified in Exhibit 6.335.1-10, LB&I Approved GS-14 Large Case Audit Position for LB&I Temporary Assignments NTE Five Years.

  3. Upon receipt of the power recruit to post the GS-14 temporary NTE, may be extended for up to five years (will not become permanent), the servicing Employment Office will review the listing (Exhibit 6.335.1-10), to verify if the GS-14 position falls under the blanket approval. Once a determination is made that the GS-14 position is a covered position, the following steps will be taken:

    1. Verify the position using the list in Exhibit 6.335.1-10. Once verified the servicing Employment Office will;

    2. Include a statement on the vacancy announcement that the position is being filled on a temporary basis and include the NTE (e.g. NTE two years, five years, etc.); and can be terminated at any time.

  4. The servicing EO will add in tracking on the PAR document "LB&I Blanket Approval, IRM 6.335.1.10.6(6)." The personnel action will be processed for the anticipated full period of time.

    Example: A temporary need exists to fill a position for two years, and the selection is effective on September 12, 2012. The NTE date would be September 11, 2014.

  5. Processing temporary promotions for multiple years should not impact pay determinations. Follow current guidance found in IRM 6.531.1, Pay Under the General Schedule, and 5 CFR Part 531 when setting pay.

  6. Request for business case approval for any positions that fall outside of the LB&I blanket approval, should follow the process outlined in IRM 6.335.1.10.4, Request for Temporary Promotion in Increments Over One Year. Business case approval will be made on a case-by-case basis by the BOD’s Embedded HR Director.

  7. The servicing EO will complete the Acknowledgement of Time-Limited Promotion Letter. See Exhibit 6.335.1-2.

Request for Time-Limited Promotion Over Five Years

  1. Requests for time-limited promotion beyond five years must be approved by OPM. Requests will be submitted to the official delegated authority to approve extensions beyond one year (See IRM 1.2.45, Delegation of Authorities for Human Resource Management Activities). Following review and approval by the appropriate IRS official, requests must be forwarded to HCO, ETS, Policy and Programs Office for submission to OPM. Information concerning the duties of the position, the temporary nature of the job, competitive procedures employed, and the need for extension beyond five years must be included in the request. Consideration will also be given to whether a permanent promotion is more appropriate.

  2. The five year limit applies to the total continuous time an employee is temporarily promoted without further competition. If an employee is promoted temporarily and later competes and is selected for another time-limited promotion, a new five year period begins at the start of the second time-limited promotion. Also, if an employee is noncompetitively promoted for 120 days, and the promotion is extended after competition has been held, the first 120 days counts toward the five year limit

Stacked Temporary Promotions

  1. Under certain circumstances, management may have a need to temporarily assign an employee already serving under a time-limited promotion to another position at a higher grade. An employee may be competitively or non-competitively temporarily promoted to a second temporary position. This secondary action is known as a stacked or sequential promotion.

  2. At the end of the stacked time-limited promotion, if management determines the employee’s services are still required under the initial time-limited promotion; the employee may be returned to the initial time-limited promotion. However, if at the end of the stacked time-limited promotion, management determines the employee’s services are no longer required under the initial time-limited promotion, the employee shall be returned to his/her permanent position of record.

  3. Once the employee is returned to his/her permanent position of record, the employee must re-compete for another time-limited promotion. See Exhibit 6.335.1-1 Actions Required When Processing Time-Limited Promotions and Extensions.

Acknowledgement of Time-Limited Promotions

  1. The 5 CFR § 335.102(f)(1) requires that employees selected for a time-limited promotion be provided advance notice. The personnel action must be fully documented to show that the employee has full knowledge of the action taken and the conditions of the promotion. If advance notice is not possible, appropriate notice must be provided as soon as possible after the promotion is made. The notice must include the following:

    1. The conditions of the promotion;

    2. The type of promotion and limit;

    3. The employee may be returned at any time to the position from which temporarily promoted, or to a different position of equivalent grade and pay; and

    4. The return is not subject to any adverse action procedures.

  2. Once notified of the selection for a time-limited promotion, including a stacked promotion, the servicing EO must complete an Acknowledgement of Time-Limited Promotion (See Exhibit 6.335.1-2, Acknowledgement of Time-Limited Promotion). The acknowledgement must be forwarded to the gaining manager to share with the employee and retained in the Employee Performance File (EPF); the servicing EO must maintain a copy in the promotion file.

Conversion of Term Appointees to Permanent Appointment

  1. Term appointees can be converted to a permanent career or career-conditional appointment under the provisions of this Plan based on the authority granted to IRS under RRA 98, and codified at 5 USC § 9510 (a)(1). The permanent appointment may be made only to a position in the same line of work as the position to which the employee received a term appointment under competitive procedures. The same line of work determination is based on the employee’s actual duties and responsibilities. The duties performed must be similar in nature and require substantially the same qualifications, including KSAOs/competencies so that the employee could be interchanged between the positions without significant training or undue interruption to the work.

  2. This authority (see (1) above) is applicable to any competitive term appointment made by the Service that meets the following conditions:

    1. The vacancy announcement from which the term appointment was made stated that there was a potential for conversion to a permanent appointment as stated in IRM 6.335.1.11(3). The term employee’s personnel action will be annotated to reflect that the position was announced with the potential for conversion to a permanent appointment in the same line of work;

    2. The term appointment was made under competitive procedures prescribed for permanent appointment (e.g., OPM/DEU registers);

    3. The employee completed two years of current continuous service or any combination of term appointments in the competitive service;

    4. The employee’s performance under the term appointment must be rated at the fully successful level or higher; and

    5. The term employee must be selected from an internal IRS merit promotion certificate. The term employee must be considered equally with all other IRS employees based on the qualifications and KSAOs/competencies required for the permanent position.

  3. The vacancy announcement from which the term appointment was made must have contained the following information:

    1. A statement indicating that there is potential for conversion to a permanent appointment;

    2. The permanent appointment may be made only to a position in the same line of work as the position for which the employee received a term appointment under competitive procedures;

    3. The employee must have completed two years of current continuous service or any combination of term appointments in the competitive service at the time of conversion; and

    4. The employee’s performance under the term appointment must be rated at the fully successful level or higher.

  4. There is no requirement that the term employee be selected for conversion to a permanent appointment and there is no provision for automatic conversion to permanent appointment. However, new term employees hired under this authority will be informed of the potential for conversion and the requirements.

  5. IRM 6.335.1.12.3.2 describes the requirements when posting an internal vacancy announcement open to IRS employees on term appointments with potential for conversion to permanent appointment.

Merit Promotion Plan

  1. This guidance outlines the Merit Promotion Plan procedures to be used in filling positions within the IRS. For bargaining unit positions, appropriate negotiated agreement provisions relating to subjects in this Chapter should also be reviewed. Should any of these instructions conflict with a provision of a negotiated agreement, the agreement will prevail.

Area of Consideration

  1. The area of consideration for NBU positions is servicewide unless the position is announced as a training opportunity such as Frontline-Leaders-Readiness-Program (FLRP), collateral duty, management cadre, or other solicitation for participants.

  2. Positions that are not "true vacancies" offering permanent placement into a continuing position are not subject to the Servicewide area of consideration. Examples of positions that are not considered true vacancies are: training opportunities such as FLRP, collateral duties such as an on-the-job instructor (OJI), and management cadre.

Office of Chief Counsel (Counsel) and Treasury Inspector General for Tax Administration (TIGTA) Applicants

  1. Counsel and TIGTA applicants can apply under a status announcement when IRS is recruiting outside the Department of the Treasury.

Counsel and TIGTA Applicants Who are Career or Career-Conditional
  1. Counsel and TIGTA applicants can apply under a status announcement when IRS is recruiting outside the Department of the Treasury.

Counsel and TIGTA Applicants on Excepted Service Appointments With Prior Competitive Status
  1. Counsel and TIGTA employees who are currently on excepted service appointments may also apply for vacancies if they have prior service on a competitive appointment which confers personal competitive status, or reinstatement eligibility.

    Example: John Doe is currently on an excepted service attorney position in the Office of Chief Counsel. Prior to his appointment as an attorney, he was on a career appointment as a GS-987-14 Tax Law Specialist for a period of four years. John has reinstatement eligibility indefinitely.

  2. Once an employee has achieved career status, the person (not the position) retains competitive status indefinitely. If the employee did not complete the time required to achieve career tenure, the reinstatement eligibility is retained for a period of only three years unless extended by other circumstances such as military service. Since Counsel and TIGTA applicants are not IRS employees, the following procedures apply:

    1. Ensure that the vacancy announcement or other public notice (such as the opening instructions of the COL) includes the statement "open to Office of Chief Counsel and TIGTA employees on career/career-conditional appointments or with personal competitive status." (Do not include TIGTA in the statement if the position is in the bargaining unit.);

    2. Include a statement in the internal vacancy announcement requiring Counsel/TIGTA applicants to submit a copy of their SF-50, as proof of current competitive status;

    3. Review applicant’s SF-50 for prior competitive status (reinstatement eligibility) and determine basic qualifications;

    4. Disqualify TIGTA applicants from any BU positions;

    5. For purposes of rating and ranking, make no distinctions between IRS employees and Counsel/TIGTA employees;

    6. Bargaining Unit positions: Issue separate BQ lists for status IRS applicants and Counsel applicants. Give "first consideration" to status IRS applicants before considering the Counsel applicants. The top four BQ Counsel names are referred plus one additional name for each vacancy in accordance with the National Agreement;

    7. Non-bargaining unit positions: Management has the option to use separate BQ lists for status IRS applicants and Counsel/TIGTA applicants or a single BQ list with both status IRS and Counsel/TIGTA applicants .Separate BQ lists may be referred in any order or both at the same time; and

    8. Before selecting a Counsel or TIGTA applicant with prior competitive status, the RPL and ICTAP must be cleared. The ICTAP vacancy, which is posted on USAJOBS, must allow Veterans Employment Opportunities Act of 1998 (VEOA) eligibles to apply. ICTAP applicants have priority over VEOA eligibles.

Counsel and TIGTA Applicants on Excepted Service Appointments Without Prior Competitive Status
  1. Counsel or TIGTA applicants currently on excepted service appointments who do not have prior competitive status are not eligible to be considered for IRS internal vacancies and may apply only for positions posted for open competitive examination by OPM or IRS Delegated Examining Unit (DEU).

Non-Status IRS Employees

  1. Non-status IRS employees may be included in the merit promotion internal vacancy announcement area of consideration by management to increase their applicant pool.

Non-Status IRS Employees With Prior Competitive Status
  1. If management decides to include in the merit promotion internal vacancy announcement area of consideration, "non-status IRS employees with prior competitive status (reinstatement eligibility)" to increase their applicant pool, current IRS employees on excepted service or temporary appointments with reinstatement eligibility may apply and be considered. The following procedures apply:

    1. Include the statement in the internal vacancy announcement that the area of consideration is "open to non-status IRS employees with prior competitive status." Require applicants to submit a copy of their SF-50 as proof of prior competitive status.

    2. Review applicant’s SF-50 for prior competitive status and determine basic qualifications.

    3. For purposes of rating and ranking, no distinctions will be made between IRS career/career-conditional employees and non-status IRS employees (with prior competitive status).

    4. Bargaining Unit positions: Issue separate BQ lists for status IRS applicants and nonstatus IRS applicants. Give "first consideration" to status IRS applicants before considering the non-status IRS applicants.

    5. Non-bargaining unit positions: Management has the option to use separate BQ lists for status IRS applicants and non-status IRS applicants or a single BQ list with both status and non-status IRS applicants. Separate BQ lists may be referred in any order or at the same time.

    6. Prior to selecting a non-status IRS applicant, RPL and ICTAP must be cleared. The ICTAP vacancy, which is posted on USAJOBS, must allow Veterans Equal Opportunity Authority (VEOA) eligibles to apply. ICTAP applicants have priority over a VEOA eligible.

Non-Status IRS Employees on Term Appointments
  1. Term appointees can be converted to a permanent appointment based on the authority granted to IRS under RRA 98 and codified at 5 USC § 9501(a)(1). The permanent appointment may be made only to a position in the same line of work and the vacancy announcement from which the term appointment was made must have stated that there was potential for conversion to a permanent appointment. The following procedures apply.

    1. Include a statement in the internal vacancy announcement that the area of consideration is "open to IRS employees on term appointments with potential for conversion to a permanent appointment in the same line of work." See IRM 6.335.1.11(3) for information to include in the vacancy announcement.

    2. Verify that the applicant's term appointment meets the requirements in IRM 6.335.1.11. Determine basic qualifications.

    3. For purposes of rating and ranking, no distinctions will be made between IRS career/career-conditional employees and non-status IRS term applicants.

    4. Bargaining Unit positions: Issue separate BQ lists for status IRS applicants and nonstatus IRS term applicants. Give "first consideration" to status IRS applicants before considering non-status IRS term applicants.

    5. Non-bargaining Unit positions: Management has the option to use separate BQ lists for status IRS applicants and non-status IRS term applicants or a single BQ list with both status and non-status IRS term applicants. Separate BQ lists may be referred in any order or at the same time.

    6. Prior to selecting a non-status IRS term applicant, RPL and ICTAP must be cleared. The ICTAP vacancy, which is posted on USAJOBS, must allow VEOA eligibles to apply. ICTAP applicants have priority over VEOA eligibles.

    7. There is no requirement to select a term applicant. Term applicants selected will be converted to a career or career-conditional appointment.

    8. Applicants serving on Term appointments that were not announced with the statement that there is potential for conversion are not eligible for permanent conversion. These applicants may apply only for positions posted for open competitive examination by OPM or IRS Delegated Examining Unit (DEU).

Non-Status IRS Employees Without Prior Competitive Status
  1. Current IRS employees serving on excepted service, temporary, or other appointment not conferring competitive status, and who do not have prior competitive status are not entitled to compete for internal merit promotion positions. They may apply only for positions posted for open competitive examination by OPM or IRS DEU.

Alternate Sources of Candidates

  1. The decision whether to restrict consideration to Service employees, or to consider, concurrently, persons from outside the Service, or to select from other appropriate sources (e.g. reinstatement eligibles, transfers, persons with disabilities, Veteran’s appointments or those within reach on an OPM/DEU certificate) will be based on the nature of the position to be filled, the likely number of highly qualified candidates available, and the need for fresh ideas and new approaches.

  2. When considering candidates referred from an OPM/DEU register, it will be noted that these candidates have met prescribed qualification standards and have been evaluated by OPM/DEU and determined to be qualified for the position to be filled. Candidates on the OPM/DEU certificate who are within reach for selection will be referred to the selecting official. The selecting official will select from the BQ OPM/DEU or IRS candidates. IRS employees and OPM/DEU register eligibles will be referred on separate lists to the selecting official. The internal list of IRS employees will be referred to the selecting official prior to the external listing when the position is bargaining unit in order to meet the first consideration requirement of the negotiated agreement.

  3. When considering alternative sources of candidates, the provisions of IRM 6.335.1.6, Plan Coverage, and IRM 6.335.1.7, Plan Exceptions, must be followed to determine whether competition is required. To the extent possible, the same evaluation methods will be applied to both IRS employees and outside candidates.

Order of Consideration

  1. The following indicates the order of consideration when filling IRS positions in accordance with governing law and regulation:

    1. Individuals with statutory placement or re-employment rights (such as an IRS employee or former IRS employee who is returning to duty after sustaining compensable work-related injuries or illness or returning from military service);

    2. Employees with placement rights established pursuant to a decision or settlement agreement directed or approved by a third-party adjudicatory agency, such as the Merit Systems Protection Board or Equal Employment Opportunity Commission;

    3. IRS employees with placement rights as established by the CTAP;

    4. Employees with placement rights established by the IRSPPP: Participants will be referred to the selecting official prior to taking any other action to fill a vacancy. Referrals and actions taken with IRSPPP participants will be documented in accordance with (IRM 6.330.1); and

    5. Employees granted Priority Consideration (PC) in accordance with 5 CFR Part 300.

      • Employees entitled to PC based on an IRS or OPM finding of discrimination when the employee was considered for promotion or employment, but it is not determined that the employee was the person who would have been hired or promoted. PC will be granted to an employee for any existing vacancy of the same type and grade for which initial consideration was given. An employee entitled to PC in this situation is entitled to PC prior to a candidate entitled to priority consideration for other reasons. If non-selected, the record will be documented to record the reasons for the non-selection; and

      • Employees entitled to PC due to a regulatory or procedural violation from a previous merit promotion action must be referred to the selecting official prior to filling the position by a promotion action or by any other type of personnel action, except as noted in a through d above.

    6. Employees with placement rights as established by the Reassignment Priority Program (RPP);

    7. Employees who are eligible for a hardship assignment;

    8. Competitive/Non-Competitive movement;

    9. RPL registrants;

    10. ICTAP;

    11. VEOA eligibles; and

    12. External Competitive/Non-Competitive movement.

Vacancy Announcement

  1. Vacancy announcements will be used for notifying employees of a promotion, or other opportunity. Announcements should be adequately publicized and should remain open for 10 workdays (or a minimum of five workdays to accommodate unusual situations such as the need to clear special program priorities only) so that all eligible employees have an opportunity to apply for the position.

  2. Vacancy announcements must be concise, clearly written, with sufficient information for the employee to understand the area of consideration, the duties of the position, the qualifications required (including selective placement factors), the evaluation methods to be used and what the employee must do to be considered. If the information cannot be outlined in detail within the announcement, the announcement must inform the employees where it can be obtained.

  3. At a minimum, the vacancy announcement must contain the following information:

    1. Announcement number;

    2. Opening and closing dates;

    3. Anticipated number of vacancies;

    4. Area of consideration;

    5. Title, series and grade of the position; work schedule, and if seasonal –length of season;

    6. Organizational and geographic location (post of duty (POD)) of the position;

    7. Qualifications required for each grade level, including any selective placement factors;

    8. Meeting the requirements for one or more of the SAA provisions will qualify an applicant at the GS-7 level. See IRM 6.338.1.9, Qualification Requirements, Superior Academic Achievement (SAA);

    9. Statement indicating whether official transcripts, photocopies of transcripts or other evidence of qualifying education should be submitted at the time of application when qualifications can be based in whole or in part on the combination of education and experience;

    10. Description of the duties;

    11. Evaluation criteria to be used for qualifications (e.g., KSAOs/Competencies, Specialized experience statements). Specialized experience statements should not state that qualifying experience is "equivalent to the next lower grade." Specialized experience statements should provide applicants with information on what types of experience are qualifying for the position and can be determined from a job analysis or the KSAOs/competencies and duties from the PD of the next lower grade of the position to be filled.

      • Example: Specialized statements for a GS-303-07 Incentive Pay Coordinator position using the PD for the next lower grade (GS-303-06 PD# 95453) could read: Knowledge of analysis techniques and methods to gather data, evaluate information, interpret guidance, draw conclusions, and coordinate projects. Examples of qualifying specialized experience include, but are not limited to: Identifies potential and actual problems in the program such as inconsistent data findings in system-generated reports, and provides recommendations and/or feedback to management for resolution. Researches a variety of issues, gathers statistics and information, and reports findings for full scope of the program. Monitors various incentive pay program reports to ensure consistency and accuracy. Revises quality and quantity targets based upon computer-generated statistical data.

    12. Evaluation method to be used for ranking (i.e., performance appraisals, awards, etc.);

    13. Promotion potential, if applicable;

    14. Application procedures: Information pertaining to the method of application will be specified in the vacancy announcement or within a fax vault document;

    15. Whether moving expenses will be paid, if applicable;

    16. Any other required information (e.g., shift work, frequent travel, drug testing required, physical requirements, pay retention eligibility if position is under a formal development plan etc.);

    17. The following Equal Employment Opportunity (EEO) statement: IRS is an equal opportunity employer. Selection for this position will be based solely on merit without regard to race, color, religion, age, gender, national origin, political affiliation, disability, sexual orientation, marital or family status or other differences. IRS provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the point of contact on the announcement. Decisions on granting reasonable accommodation will be made on a case-by-case basis (For positions announced under an automated hiring system (i.e., CareerConnector) the EEO statement is included.);

    18. For supervisory and managerial positions, a statement that the employee must serve a probationary period, unless exempt; if applicable, must specify the pay band by which the position is covered;

    19. Statement that employees rated below fully successful in a particular performance aspect will be determined ineligible for competitive promotion to a vacant position that requires the same or similar performance aspect;

    20. Statement that pay retention may be offered for a position covered under a formal development program, if applicable (See IRM 6.335.1.21 for additional information);

    21. When management desires to advertise a position as temporary, may become permanent without further competition, the following remark should be used on the vacancy announcement: "At the time of selection, this position may be filled on either a permanent or temporary basis. If filled on a temporary basis, it may be extended or made permanent without further competition" ; Note: upon permanent conversion, the Reassignment Preference Program (RPP) must be cleared. RPP must be cleared by posting a separate announcement for five workdays; and

    22. When announcing a term position with potential for conversion to a permanent position, include the information specified in IRM 6.335.1.11(3); and

    23. Statement that Superior Academic Achievement (SAA) provision can be used to qualify for a GS-7 if applicable to the position being posted.

    • SAA is creditable in any degree and can be met through one of the following methods:

      1. Class standing; or

      2. Grade point average (GPA); or

      3. Election to membership in a national scholastic honor society.

  4. Management has the flexibility to advertise vacancies in a career ladder position under the same announcement, separate announcements, or by grade level.

    1. Applicants will not be required to submit more than one application per vacancy announcement.

    2. If the announcement includes information that requires the candidates to specify the lowest grade they will accept, management need not rank for the grade levels for which the applicant opted not to be considered.

    3. Selecting officials have the flexibility to make a selection(s) from any of the grade levels advertised in the announcement.

  5. Open continuous announcements will be used primarily for types of positions that have recurring and frequent vacancies. The announcement will contain language that notifies the applicants of the specific cutoff dates for submission of applications. This type of announcement allows applicants to submit their applications at any time; however, they will not be eligible for referral unless the application is received on or prior to the cutoff date specified in the announcement. Applicants are added to the register if they are determined to be highly qualified.

  6. Rosters will be utilized when it is anticipated that a significant number of vacancies will occur within a certain period of time (no longer than one year). Announcements for rosters have specific closing dates and will specify the final date upon which a selection will be made from the roster. Candidates must be eligible by the closing date of the roster announcement or by a date specified on the announcement. Rosters are considered "established" for the purposes of selection once the Highly Qualified determination has been made by the ranking panel/official or ranking has been completed by an automated hiring system.

Application for Vacancy Announcement Consideration

  1. Forms required for vacancy announcement consideration are, at a minimum:

    1. Application form(s) for consideration as specified in the vacancy announcement;

    2. Current performance appraisal for merit promotion purposes, see Alert 335-36, Performance Appraisals Used in an Automated Hiring System (CareerConnector), for questions on performance appraisals for merit promotion and answers to a variety of performance appraisal situations raised during the implementation of the National Agreement II (NA II) and the automated hiring system (CareerConnector); and

    3. Other forms can be specified in the announcement if required to assess a candidate’s potential for the position to be filled.

  2. Employees will complete and ensure that an accurate record of work experience, incentive awards and training are contained on the required application forms. This information will be used to determine qualifications and rank the employee’s potential to perform the position to be filled. Applicants will be notified of their qualifications eligibility determination. This notification will contain the reason for an ineligible determination.

  3. In order to be considered for any vacancy announcement, employees will ensure that all required forms indicated on the vacancy announcement are received (or postmarked) by the servicing EO by the closing date of the announcement (unless otherwise specified in the announcement). For positions announced through an automated system, required forms should be received no later than 11:59 p.m. Eastern Time on the closing date of the announcement (unless otherwise specified in the announcement). A separate application package must be submitted for each vacancy announcement.

  4. The immediate manager ensures that a method is in place to ensure that employees who are temporarily absent from duty (i.e., leave, training, furlough, etc.) are informed of vacancies announced within their area of consideration.

  5. Managers can submit names of employees for vacancies and must inform the referred employee of this referral. Managerial referrals must be submitted by the closing date or dates specified in the announcement in order to be considered; however, employees whose names have been submitted as managerial referrals must coordinate receipt of complete application forms with the servicing EOs. Solicitation of managerial referrals must never be used alone, but only as a supplement to other methods previously mentioned.

  6. Servicing EOs are responsible for referring for consideration the name(s) of employees:

    1. Who are absent due to compensable injury or in military service [in accordance with 5 CFR § 353.106(c)];

    2. Granted reemployment rights under a letter of authority from OPM or through legislation;

    3. On Intergovernmental Personnel Act mobility agreements in accordance with applicable law; or

    4. Serving in public international organizations in accordance with applicable law.

Priority Consideration

  1. Priority Consideration (PC) is the process by which competitive procedures are temporarily suspended for the purpose of correcting or minimizing any injustice resulting from a violation of federal merit promotion procedures. To be entitled to PC, a non-selected employee must have been adversely impacted by the violation of competitive procedures. See EEO requirement in IRM 6.335.1.12.8(5).

  2. Once identified, every attempt will be made to correct the violation as quickly as possible. PC can only be granted as a remedy for violations of the merit promotion regulation or procedures, as outlined in this Plan or under the portion of the negotiated agreement outlining merit promotion procedures.

  3. When a PC is prescribed as an appropriate remedy for a violation of competitive procedures, it must be ordered by the Division Commissioner or the equivalent. The Division Commissioner or the equivalent may re-delegate the approval authority for PC to any executive or senior manager who is a direct report to the Division Commissioner or who is a direct report to an executive. Servicing EOs have the responsibility for administering priority consideration and ensuring it is properly applied in accordance with regulations and procedures.

  4. Below are examples of situations in which PC is an appropriate remedy when regulatory or procedural violations have occurred. Other situations involving procedural or regulatory violations may also warrant PC as a remedy. These examples are not all-inclusive:

    1. Employees in the BQ group not selected because of the selection of an unqualified employee or an employee who was not best qualified;

    2. An employee placed in the BQ group was not selected and subsequently, the selecting official determines that incorrect information or procedures caused a substantial negative impact on the employee’s consideration;

    3. Employees originally identified as qualified or highly qualified were improperly excluded from the BQ group; and

    4. Employees were not initially considered, but had they been considered he/she would have been in the BQ group.

  5. Priority Consideration is also an appropriate remedy in EEO discrimination cases when it is found through formal EEO complaint procedures that discrimination resulted in the improper consideration of the employee. Since it is the practice of the Service to correct identified promotion problems without waiting for the resolution of the EEO complaint, every attempt will be taken to correct the promotion violation as quickly as possible. Absent a finding of discrimination, PC under promotion procedures can only be granted as a remedy if a merit promotion violation has occurred that fully warrants the granting of such a remedy under the guidelines specified in this document.

  6. When PC is ordered, it will apply to the specific position for which the employee was not given proper consideration, if that position is vacant. However, if the position is encumbered, the employee who was not given proper consideration in the original promotion action and who has not already been promoted is entitled to PC for the first appropriate vacancy that becomes available.

  7. An appropriate vacancy is one for which the employee meets basic qualifications and is a reasonable candidate. An appropriate vacancy is linked to the actual vacancy for which the employee was not given proper consideration and should include the same:

    1. Business Operating Division (i.e., Wage & Investment);

    2. POD;

    3. Title, series and grade;

    4. Work schedule;

    5. Type - Temporary or permanent;

    6. Specialization; and

    7. Same full working level.

  8. A Remain in POD vacancy is an appropriate vacancy only if the employee with the PC is from another Remain in POD vacancy.

    • Example: Jane Doe received a PC for a GS-343-13 Remain in POD vacancy while in Chicago; eighteen months later Jane relocated to Washington D.C. A vacancy for a GS-343-13 position was announced "Remain in POD." Jane can use her PC for this vacancy.

    See IRM 6.330.1, Recruitment, Selection and Placement, Exhibit 6.330.1-3, Comparison Chart on Clearing Special Priority Programs, for additional information.

  9. An appropriate vacancy is generally in the same area of consideration as the position for which the employee was not given proper consideration. In those circumstances where no appropriate vacancy is anticipated in the original area of consideration within two years from the date priority consideration is granted, the employee’s priority consideration will be extended to include similar vacancies within the original area of consideration, provided the employee meets basic eligibility requirements. The employee entitled to PC will usually be consulted as to their job preferences and must always be informed in advance that PC is being given. If possible, the employee’s wishes will be accommodated, but management makes the final decision. The employee will receive PC only in the Division that had the vacancy. In unusual cases, at the discretion of management, PC may be allowed for a position in a different Division with concurrence of the other Division Commissioner. It is recommended that agreements that cross business unit lines be documented with the names of the manager’s involved.

  10. PC is granted once for each time proper consideration was missed.

  11. Employees eligible for PC for a position that was previously located in an organization that no longer exists as a result of reorganization must be considered for vacancies in the business unit where these positions were realigned. If the position was realigned to more than one business unit, employees are entitled to priority consideration in the business unit that announces the first vacancy. Employees eligible for PC for a position that was later reclassified to a different series within their division are entitled to priority consideration for the reclassified position.

  12. PC granted, as a result of a legal settlement agreement, must adhere to the conditions identified in this IRM.

  13. Candidates entitled to PC do not compete with nor will they be considered with, any candidates who are not also entitled to the same level of PC. Candidates entitled to PC must be given consideration in accordance with the order of consideration described in IRM 6.335.1.12.5.

  14. The selecting official must provide written and signed certification that the employee was given full and fair consideration for the vacant position as if he or she had been considered on a regular BQ list. Priority Consideration is intended to assure that the applicant receives bona fide consideration, which entails the PC applicant being referred alone or with other PC applicants on a certificate prior to lesser priorities in the order of consideration outlined in IRM 6.335.1.12.5.

  15. Since PC represents granting an exception to normal merit promotion competitive procedures, it can be authorized only under the conditions that have been described above. It cannot be granted to provide relief to an employee because of poor personnel practices or to settle disputes (such as grievance issues) not in violation of EEOC regulation or merit promotion requirements.

Processing a Request for Priority Consideration as a Result of a Grievance
  1. If PC is recommended as an appropriate remedy for a grievance, the servicing Labor Relations Office (LRO) will coordinate the specifics of the grievance with the servicing EO with the vacancy to ensure that the PC is warranted in compliance with applicable regulatory and contractual guidelines.

    1. If it is determined by the servicing EO with the vacancy that a merit promotion regulatory or procedural violation has not occurred, the HCO, ETS, Chief Employment Branch (CEB) or designee will notify the servicing LRO in writing of their findings that PC is not warranted as a remedy for the grievance. The LRO will notify the deciding official;

    2. If it is determined by the servicing EO with the vacancy that a merit promotion regulatory or procedural violation occurred, the HCO, ETS, CEB or designee will notify the servicing LRO in writing of their findings and recommend that PC is an appropriate remedy for the grievance; and

    3. The HCO, ETS, EO with the vacancy will annotate the grievant’s ranking information and the rank order listing of candidates with the grievant’s revised ranked score and initial and date each document. Changes made in an automated system should be annotated in the tracking history to indicate the reason the scores were revised.

  2. If the deciding official agrees to PC as a remedy based on the servicing EO’s findings, the EO with the vacancy will prepare a memorandum requesting the PC on behalf of the deciding official. This memorandum, signed by the HCO, ETS, CEB, will be forwarded through the servicing LRO to the appropriate PC approving authority for the BOD with the vacancy. The PC approving authority will make the final determination on whether PC will be granted. If assistance is needed in determining the appropriate PC approving authority, the servicing EO will contact the BOD's Embedded HR Office. The memorandum should include the following information:

    1. Grievant information to include name, title, series, grade, division and POD.

    2. Vacancy information for which the PC is requested to include the announcement number, title, series, grade, specialization, type - temporary or permanent, work schedule, tour of duty, division and POD.

    3. If an employee lost consideration for a position announced as a career ladder, include the full career ladder of the position and the grade level(s) for which the employee qualifies.

      Example: The employee lost consideration for an Internal Revenue Agent GS-512-7/9/11 vacancy announcement. The employee qualified at the GS- 512-7/9 levels. The memo will state for grade: GS-512-7/9/11 qualifies at GS-512-7/9 level. The employee will only be referred for the grade level qualified at the time PC was granted. See Exhibit 6.335.1-4, Sample PC Request to the PC Approving Authority.

    4. A brief summary of the regulatory or procedural violation and/or issue that impacted the grievant’s standing on the BQ list.

    5. Supporting documents to include copies of the vacancy announcement, appraisal, original and revised ranking information, rank order list of candidates, and promotion certificate.

  3. The PC approving authority will sign and date the memorandum and check whether the request was approved or disapproved. A copy of the signed memorandum will be provided to the servicing LRO and the EO with the vacancy.

  4. The servicing LRO will prepare a grievance response on behalf of the deciding official notifying the grievant(s) or their representative of the decision. The response should include the following:

    1. Vacancy information for which the PC is requested to include the announcement number, title, series, grade, specialization, type - temporary or permanent, work schedule, tour of duty, division and POD;

    2. A brief summary of the regulatory or procedural violation and/or issue that impacted the grievant’s standing on the BQ list;

    3. Results of findings and recommendation that PC is an appropriate remedy;

    4. Statement citing the provision that entitles the employee to PC (e.g., National Agreement Article 13 Section 11 or IRM 6.335.1.12.7) and approval from the PC approving authority granting the remedy requested; and

    5. Statement that the servicing EO with the vacancy will prepare a Priority Consideration Memorandum within 30 days of the response confirming the grievant’s PC entitlement.

  5. The EO with the vacancy will prepare a memorandum notifying the employee of PC entitlement and provide a copy simultaneously to the servicing Labor Relations Office. (See Exhibit 6.335.1-5, Sample Notification to Employee of PC Entitlement).

  6. The EO with the vacancy will forward the documentation granting PC to the servicing EO of the PC eligible.

  7. The EO of the PC eligible will file the documentation in the employee’s PC file and enter the employee’s name on the National Special Programs Database.

Processing a Priority Consideration Request Absent a Grievance
  1. Whenever a servicing EO discovers a regulatory or procedural violation that justifies ordering PC, the EO with the vacancy is obligated to take appropriate corrective action as quickly as possible.

  2. If upon reconstruction of the BQ it is determined that an employee selected would not have made BQ, corrective action will be taken as appropriate as outlined in IRM 6.335.1.19 Corrective Action.

  3. If an employee has filed a grievance and upon reconstruction of the BQ it is determined that another employee, who has not filed a grievance would have also made BQ, the EO with the vacancy will follow the process outlined in (5) a through h below.

  4. There is no limitation on when a PC request can be submitted to the appropriate PC approving authority for non-bargaining unit employees who lost proper consideration.

  5. EOs with the vacancy will follow the steps below when submitting a PC request to the appropriate PC approving authority recommending that PC be granted on the employee’s behalf. This process is used when the EO with the vacancy discovers a possible violation that justifies ordering PC and a grievance has not been filed.

    1. The EO with the vacancy that discovered the possible merit promotion violation will examine all appropriate information to determine if a merit promotion violation occurred and if the employee was harmed. If the servicing EO finds no evidence that a merit promotion violation has occurred, then no further action will be taken.

    2. If the EO with the vacancy determines upon reconstruction that the employee should have been referred on the BQ list, then the servicing will revise the employee's ranking information and the rank order listing of candidates with the employee's revised rank score and initial and date each document. Changes made in an automated system should be annotated in tracking history to indicate the reason the scores were revised.

    3. The EO with the vacancy will prepare a memorandum to the appropriate PC approving authority in the business unit with the vacancy outlining their findings and recommendations to grant PC. The Employment Branch Chief will review and sign the memorandum. The memorandum will include the information listed above in IRM 6.335.1.12.8.1(2). See Exhibit 6.335.1-6, Sample PC Request to PC Approving Official Absent a Grievance.

    4. The EO with the vacancy will route the memorandum to the appropriate PC approving authority in the business unit with the vacancy for a determination on whether the PC will be granted. If assistance is needed in determining the appropriate PC authority, the servicing EO will contact the BOD's Embedded HR Office.

    5. The PC approving authority will sign and date the memorandum and check whether the request was approved or disapproved. A copy of the signed memorandum will be provided to the servicing EO with the vacancy.

    6. The EO with the vacancy will prepare a memorandum notifying the employee of PC, and provide a copy simultaneously to the manager and servicing LRO. See Exhibit 6.335.1-5, Sample Notification to Employee of PC Entitlement.

    7. The EO with the vacancy will forward the documents granting PC to the EO of the PC eligible.

    8. The EO of the PC eligible will file the documents in the employee’s PC file and enter the employee’s name on the National Special Priority Programs Database.

Referral of Priority Consideration Eligibles
  1. The EO with the vacancy is responsible for the following:

    1. Review the National Special Priority Programs Database to determine if there are any PC eligibles in the order prescribed in IRM 6.335.12.5. The database must be checked for PC eligibles prior to announcing a vacancy absent higher priority referrals, prior to issuance of a BQ certificate and prior to making a "temporary may become permanent position" permanent. When PC eligibles are referred, they must be given bonafide consideration which means they must be referred alone before other candidates are considered. See IRM 6.330.1, Recruitment, Selection and Placement, Exhibit 6.330.1-3, Comparison Chart on Clearing Special Priority Programs, for additional information.

    2. When an appropriate vacancy is identified on the database, contact the servicing EO of the PC eligible to request a copy of the employee’s paperwork which will include the following: memorandum notifying the employee of PC entitlement, decision document that authorized PC, employee’s current performance appraisal, and employee’s current application, as needed.

    3. Refer the names of all PC eligibles for the appropriate vacancy on the PC certificate for consideration by the selecting official at one time along with the required paperwork.

    4. Keep the servicing EO of the PC eligible informed of the status of the referral. Fax to the servicing EO of the PC eligible a copy of the PC certificate, signed by the selecting official, indicating selection or nonselection. If the PC eligible is selected, the selecting official will notify the employee that he/she is being selected and discuss report dates. If the employee was not selected, fax supporting documentation to the servicing EO of the PC eligible.

  2. The servicing EO of the PC eligible is responsible for the following:

    1. If the employee is not selected, prior to notifying the employee, review the supporting documentation in order to ensure that non-selection was based on merit reasons related to the performance requirements of the position being filled.

    2. If non-selection was not based on merit reasons, contact the servicing EO with the vacancy to discuss the reason(s) for non-selection. If necessary, the certificate will be returned to the selecting official through the servicing EO with the vacancy for further action.

    3. If non-selection was based on merit reasons, notify the employee that he/she had been referred for consideration, but had not been selected, citing the reasons for non- selection that were provided by the selecting official. The selecting official must provide written reasons for nonselection. Reasons for non-selection need to be clearly related to the ability of the candidate to successfully perform in the position. See examples in IRM 6.335.1.12.8.3 (3). Also notify the employee that he/she is referred only one time under the PC program and will no longer be referred for a vacancy. Advise the employee that his/her name will be removed from the active National Special Priority Programs database.

    4. Employees were not initially considered, but had they been considered he/she would have been in the BQ group.

    5. If the employee has questions concerning the reasons for non-selection, refer the employee to the selecting official.

    6. When an employee has been referred for consideration and either selected or not selected, the servicing EO of the PC eligible is responsible for the prompt removal of the employee’s name from the Active Priority Consideration database and moving it into the archive files.

  3. The following are examples of when non-selection of a PC eligible can be justified. This list is not all inclusive:

    1. A PC eligible has demonstrated a less than successful performance in his/her current position and the duties and responsibilities of that position are similar or related to the work of the position to be filled. Selecting officials will use all available information (i.e., performance appraisal, application, interviews, if conducted) to evaluate each candidate against the duties and responsibilities of the position to be filled. Case law supports non-selection of PC eligibles where the candidate has demonstrated job-related deficiencies and management can show a legitimate reason to justify the non-selection. The following statement can be used to support a non-selection of a PC eligible with a less than successful performance: "The PC eligible is not qualified based on current performance of less than successful in a position related to the position being filled;"

    2. Reasonable accommodations cannot be provided for the employee; or

    3. A PC eligible was not qualified for the position and was referred in error. The PC eligible should not be removed from the Special Priority Programs Database.

  4. The servicing EO of the PC eligible is responsible for maintaining the employee’s PC file. PC Certificates and all other supporting documentation must be kept in the employee’s PC file for future reference. The PC file will contain the following documentation as appropriate for each vacancy announcement for which consideration was denied:

    1. Vacancy announcement;

    2. Memorandum notifying employee of PC eligibility;

    3. Decision document that authorized PC (i.e., memo from PC approving authority, grievance settlement, FLRA decision);

    4. Documentation that indicates employee was not ranked properly i.e., employee’s revised ranking information, revised rank order list of candidates);

    5. Employee’s current appraisal;

    6. Employee’s current application, as needed;

    7. Promotion certificate for which the employee was referred and selected/non-selected;

    8. Management’s written reasons for non-selection; and

    9. Declination if employee declined consideration.

Determining Basic Eligibility

  1. Candidates must meet all minimum eligibility (e.g., TIG, time after competitive appointment restriction, etc.) and qualification requirements before they may be promoted. Minimum qualification standards used for filling positions according to this Plan are standards established or approved by OPM and may be found in OPM Operating Manual, Qualification Standards for General Schedule Positions, Job Qualification System for Trades and Labor Occupations (Handbook X-118C) and IRM 6.338.1, Qualification Requirements. The EOs are responsible for the application of these standards and the determination of a candidate’s basic eligibility for specific positions. The qualification standard used in filling the position must be documented in the promotion records. Documentation of each candidate’s qualification determinations must also be maintained in the promotion records. For additional information on time after competitive promotion, see IRM 6.330.1, Recruitment, Selection, and Placement, or 5 CFR Part 330 Subpart E.

  2. Employees rated below fully successful in a particular performance aspect will be determined ineligible for competitive promotion to a vacant position that requires the same or similar performance aspect. This does not apply to employees rated below fully successful in a particular performance aspect applying for bargaining unit vacant positions that require the same or similar performance aspect.

  3. Candidates may also meet qualification requirements under the specific provisions of an appropriately approved training agreement, which makes it possible to substitute the successful completion of intensive and accelerated training for a portion of the normal qualification requirements. Documentation related to these requirements must be maintained in the promotion records.

  4. Selective placement factors will be applied in the same manner as minimum qualification requirements. However, they cannot be used merely because they would be desirable.

    1. EOs are responsible for maintaining the documentation of the validity and job-relatedness of the selective placement factors for individual positions (see OPM Operating Manual, Qualification Standards for General Schedule Positions, Section II. General Policies and Instructions). However, the development of the documentation is a joint responsibility between the BOD and HCO, ETS, EO.

    2. Documentation for Servicewide Selective Placement Factors is maintained by HCO, Talent, Acquisition, and Evaluation (TAE). See IRM 6.338.1, Qualification Requirements, for a full description of selective placement factors and positions with Servicewide selective placement factors.

  5. Candidates will be evaluated without regard to race, color, religion, age, gender, national origin, political affiliation, disability, sexual orientation, marital or family status (except as may be required to comply with restrictions on employment of relatives in IRM 6.300.1, Employment (General), or other differences.

  6. Written tests may not be used to determine basic eligibility unless specifically required by OPM standards.

  7. Crediting leave without pay (LWOP) for meeting length and quality of experience requirements will be determined in accordance with IRM 6.338.1, Qualification Requirements.

Identifying Highly Qualified And Best Qualified

  1. Developing the Evaluation Process: A comprehensive job analysis must be used in developing the specific evaluation criteria that will provide the basis for the evaluative process. Vacancies must be analyzed to determine what knowledge, skills, abilities and other personal characteristics (KSAOs), or competencies are needed and at what level they are required for successful and highly successful job performance. The result of the job analysis is the development of specific evaluation criteria and standardized instructions for their use.

  2. Evaluation methods must also be developed that will effectively measure the stated criteria. Methods must be valid, objective, reliable and job-related in accordance with the requirements described in the Scope and Authority portion of this Plan.

Evaluation Criteria

  1. Evaluation criteria are stated requirements of knowledge, skills, abilities, other personal characteristics (KSAOs), or competencies necessary for successful performance in the position to be filled. Evaluation criteria are developed jointly between the BOD and HCO, ETS, EO and must be established and documented prior to the beginning of the competitive process. Criteria cannot be changed during the course of the promotion action. Evaluation criteria will be documented in the promotion file. Documentation pertaining to Servicewide evaluation criteria will be maintained by HCO, TAE.

  2. Current PDs as well as knowledge of the specific duties of the positions will be used as a base from which the evaluative criteria can be established. Criteria must also be measurable (i.e., there must be a method available to provide the required information). These criteria may be unweighted or weighted, but it must be ensured that the relative weight of each is proportionate to its relative importance in the performance of the job. If numeric scoring is used, cut-off scores for highly qualified will be established in advance.

  3. A crediting plan will be developed for each criterion identified through the job analysis/job profiling (unless the criteria and plan were developed nationally). Scores for each criterion will be given equal weight unless a determination is made during the job analysis that weighting of specific criterion is necessary.

  4. For career ladder positions, rating and ranking criteria must be developed for each grade level up to the target grade of the position. For example, when ranking the Human Resources Specialist (Recruitment), GS 201-5/7/9/11 position, rating and ranking criteria must be developed at all four grade levels.

  5. A complete record of all pertinent information used in the development of criteria, the actual information obtained, and the conclusions supported by this information must be maintained either in the promotion file or a notation must appear in the promotion file that would indicate where such information is maintained.

Evaluation Methods

  1. Non-bargaining unit evaluation methods are the sources of information considered by a ranking official/ panel, or during an automated ranking process, according to pre-established criteria for a specific vacancy, to determine the BQ candidates. The selecting official in conjunction with the servicing EO must examine the evaluation criteria, determine the appropriate methods to be used to secure needed information and include them on the vacancy announcement. If appropriate methods are not available, new methods may need to be developed, or consideration given to combining pertinent available methods in a manner that furnishes the best combination of necessary information to evaluate the candidates against the criteria. The major consideration in selecting and using any evaluation method is its effectiveness in measuring the degree to which a candidate possesses the KSAOs/competencies that would enable the applicant to perform in a fully successful manner in the position within a reasonable time frame. Methods used must also be documented in the promotion file.

  2. The following evaluation methods are required:

    1. Performance Appraisals - Must be current and must have been shared with the employee. Refer to IRM 6.430.1 Introduction to Performance Management, and the National Agreement for guidance on time limits of performance appraisals for merit promotion. Only those appraisal factors that are relevant to the position to be filled will be considered. If relevant promotion information is not included in the annual appraisal, a special potential appraisal, or other appropriate appraisal that contains information relevant to the vacancy can be requested;

    2. Incentive Awards - Due weight must be given in the promotion process to all relevant awards received by a candidate that demonstrates ingenuity, industry, skill, resourcefulness or any other ability that may have an impact on the qualifications for the position to be filled. All non-Federally sponsored awards that are restricted on the basis of age or sex may not be considered in the merit process;

    3. Training - Pertinent training and self-development activities that are clearly related to the employee’s potential for successful performance in the position to be filled. Education may be considered only to the extent that it is clearly job related or it clearly provides evidence of learning ability for the position to be filled. A standard approach will be developed so that similar activities will be considered alike when rating the evaluation criteria; and

    4. Experience - The objective in evaluating experience is to determine how well the experience has prepared the candidate for higher level work. The type and quality of experience will be considered only in relation to the evaluation criteria. Length of service or experience may be used only when there is a clear and positive relationship with the potential quality of performance. A standard approach will be developed so that similar experience will be considered alike when rating the evaluation criteria.

  3. The following methods may be used at the Selecting Official’s option in addition to the mandatory methods listed above:

    1. Interviews - When an interview is being used as part of the promotion ranking process, it must be indicated either as a required method or as an option in the vacancy announcement. Interview records used in the ranking process must be retained in the promotion file. If used as part of the ranking process, any written record of an interview will be provided to the employee, if requested, in the same manner as the other ranking documentation;

    2. Potential Appraisals - Potential appraisals require the supervisor to make informed judgments about the KSAOs/competencies that a candidate has not clearly had to demonstrate on his/her current job. Potential appraisals may be necessary to assess job-relatedness requirements when the candidate’s current performance appraisal is not clearly relevant to the promotion process (i.e., a situation where the duties and required skills and abilities of the present job and the vacancy do not match). The evaluation criteria must be considered when the rater is responding to the factors and the questions on the appropriate potential appraisal form. The potential appraisal will address all of the evaluation criteria (e.g., KSAOs) necessary to perform in the vacant position in a highly successful manner) and all of the evaluation criteria for which the appropriate KSAOs/competencies have not been clearly reflected in the candidate’s appraisal of past performance. When completing a potential appraisal for a different job, information may be needed to assist the supervisor in making informed judgments on a particular candidate. A candidate’s potential may be demonstrated through successful performance on the job or in training courses, inventiveness on the job, special details and assignments, temporary promotions, or in other ways that may be generalized to show that the candidate possesses the necessary KSAOs/competencies to perform in the vacancy in a successful manner. Potential appraisals must be discussed with and provided to the employee by the supervisor or other rating official. If a potential appraisal is prepared at the time of the employee’s annual appraisal, it must be clearly identified as a potential appraisal so that it is not used as a basis of evaluating performance on the present job; and

    3. Written Tests - Written tests will not be used in promotion, transfer, reassignment or other personnel actions unless specifically authorized. Additional guidance on the use of written tests for promotion and other internal placement actions may be found in OPM's Operating Manual, Qualification Standards, General Policies and Instructions, available online at: http://www.opm.gov/qualifications/policy/index.asp.

Ranking Officials, Evaluation Panels, and Automated Ranking Process

  1. Ranking of applicants may be conducted by an automated system, or a ranking official/panel.

  2. Ranking completed in the automated system will include the applicant’s current performance appraisal, related awards, and responses to questions based on the KSAOs and/or competencies and applicable crediting plan of the position to be filled to determine the applicant’s overall ranking score.

  3. When a manual ranking process is used, the use of a ranking official or panel is mandatory in identifying highly qualified (HQ) and best qualified (BQ) candidates. Ranking officials and panel members must be at or above the grade level of the position to be filled. It is recommended but not required that ranking panels be used for all professional and technical occupations. Ranking officials are generally used for clerical and paraprofessional occupations. Ranking officials and panel members must be non-bargaining unit. If there are insufficient NBU panel members, then a NBU official should be used.

  4. A ranking official must be someone other than the selecting official and must have an in-depth knowledge of the requirements and functions of the position to be filled.

  5. Panels must consist of at least three voting members, including at least one member who has direct working knowledge of the position to be filled. A representative of the servicing EO should also participate as a non-voting member to ensure that control and documentation of panel actions meet validity and job-relatedness requirements. Ranking officials/panels will be designated by the selecting official unless specified by other National Program requirements. Women and/or minorities should be included as ranking panel members, whenever feasible. Although not recommended, selecting officials can serve as a ranking panel member but not as a ranking official. There should not be only one evaluation panel for all jobs in one function; panels should be established for specific lines of work.

  6. Ranking officials and panel members should be carefully selected and trained in their responsibilities and in the merit promotion process so that evaluations by different raters will be comparable and consistent. Ranking officials and panel members should be rotated periodically to provide all officials with an opportunity to develop expertise in promotion operations. Ranking officials and panel members should be instructed by the HCO, ETS, EO to avoid discriminatory non-merit considerations (See 5 CFR § 335.103, Requirement 1).

Determining Highly and Best Qualified

  1. The application of the evaluation methods measuring the applicants against the evaluation criteria during the ranking process should provide a meaningful distinction between the candidates and allow for the identification of the highly qualified (HQ) and best qualified (BQ).

  2. All candidates found to be basically eligible to compete for the position will be referred for ranking to be evaluated against the evaluation criteria using the mandatory methods and other job-related methods designated by the selecting official.

  3. Ranking panels/officials are not permitted to make changes to supervisory appraisals in the process of evaluating candidates. The ranking panels/officials will reflect and record the rating of potential for each candidate against all evaluation criterion for the position to be filled. Information from as many methods as possible is to be used by the ranking panel/official to assign individual criterion rating scores for each of the candidates. Scores on the criteria will be combined to form an overall score for each candidate. Candidates attaining the score previously identified in the crediting plan will be identified as HQ. Those applicants meeting the established level will be designated ″HQ″ and will be identified by the ranking panel/official, on the appropriate form.

  4. When a promotion package has 10 or fewer candidates for a non-bargaining unit vacancy, a simplified ranking process may be used. The simplified ranking will be conducted by the servicing EO with approval from business unit management. This abbreviated process eliminates the need for ratings to be assigned and allows for candidates to be grouped by quality level for selection.

  5. The simplified ranking process meets the requirement that applicants determined "BQ" be evaluated based on job-related criteria that has been applied fairly and consistently in all cases. (See Exhibits 6.335.1-7, 6.335.1-8, and 6.335.1-9 for additional information). At a minimum, the following must take place:

    1. Screen all candidates to ensure that they meet basic qualification requirements -including any selective factors that apply to a particular job;

    2. Identify job-related criteria to distinguish well-qualified candidates from those who meet only minimum qualification requirements; and

    3. Select only from the well-qualified group.

  6. The promotion file will be documented to show how the evaluation procedures were followed, how the methods were interpreted/used and the procedure for combining the results of the individual criterion ratings to arrive at the total score for each candidate.

  7. If the number of HQ candidates is five or fewer, all may be certified as BQ. If the number of HQ candidates exceeds five, the BQ will be the top three to five ranked HQ candidates. Up to 10 candidates may be certified if meaningful distinctions cannot be made from among a smaller number of HQ candidates. However, if additional applicants have tied scores with the 10th candidate—all may be referred. If the application methods repeatedly fail to indicate meaningful distinctions between candidates, the methods and criteria will be reevaluated to determine if modifications are necessary.

  8. BQ candidates will be referred to the selecting official in alphabetical order. Three to five BQ candidates may be certified for a single vacancy plus one additional candidate for each additional vacancy. However, candidates will not be arbitrarily eliminated from the best-qualified list when meaningful distinctions do not exist.

  9. BQ referrals for positions announced at multiple grade levels may be referred either:

    1. On one certificate with the appropriate number of best-qualified candidates referred to the selecting official; or

    2. Referred on separate certificates for each grade level.

  10. Candidates who have been determined to not meet the "HQ" cut-off can be referred for selection. However, they may be referred only if there are no highly qualified candidates even after the area of consideration has been expanded and there are no HQ candidates from outside of IRS.

  11. Qualified candidates who have applied for reassignment, transfer and reinstatement to the position to be filled and who are not required to compete for the position, can be listed separately and referred to the selecting official for consideration.

Use of Quality Groups For Internal Non-Bargaining Unit (NBU) Non-Managerial Positions Announced in CareerConnector (CC)
  1. With the implementation of CC for internal NBU positions, quality groups were established for use in filling non-bargaining unit positions. The quality group referral method places applicants in quality groups (Best Qualified, Highly Qualified, Qualified) based on their responses to on-line questions. The quality group method allows management the opportunity to consider a larger pool of Best Qualified (BQ) applicants with the option to consider candidates from the next lower quality group if needed.

  2. The use of the quality group referral method is an alternative to the traditional referral method used for NBU vacancies as outlined in IRM 6.335.1.12.14. The traditional method limits the number of BQ candidates referred based on the number of vacancies and whether meaningful distinctions exist among candidates.

  3. Management has the option to use either referral method based on their preference and hiring needs. The referral method used must be included in the CC vacancy announcement.

  4. Quality Groups: Cut off scores for three quality groups, Best Qualified (BQ), Highly Qualified (HQ), and Qualified (Q) are pre-established in CC.

    The following guidance will be used when referring candidates using the quality group method except management positions announced in CC. Prior to announcing a vacancy, the HR Specialist should consult with the Hiring Manager to discuss the referral method (i.e., quality group method or traditional method) that would best meet their hiring needs. For management positions follow the guidance in the Policy for Management Selection 2.0 (MSP 2.0). :

    1. Candidates will be assigned to one of three quality groups based on their responses to the online questions. Each group represents a quality level (BQ, HQ, or Q).

    2. Candidates will be referred in alphabetical order within each quality group.

    3. Candidates will be referred to the selecting official in quality group order with the BQ quality group considered first.

    4. The selecting official has the discretion to request the next lower level quality group of candidates after the higher level quality group has received proper consideration and/or if there are an insufficient number of applicants available for consideration.

    5. If there are three or less candidates on the BQ quality group certificate, both BQ and HQ quality group certificates may be referred automatically to the selecting official due to an insufficient pool of BQ candidates.

    6. If there are four or more candidates on the BQ quality group certificate, the selecting official has the discretion to request the next lower quality group of eligibles after the higher quality group has received proper consideration. If the selecting official chooses not to select or chooses not to make all selections from the higher level quality group of candidates and requests to consider the next lower level quality group of candidates, he/she must document the merit based reason(s), e.g., candidates lack specific type of experience or insufficient pool of candidates. The documentation can be accomplished in the comment field of the online certificate or by sending an email to the servicing HR Specialist.

      • The Servicing Employment Office (SEO) must ensure receipt of supporting documentation from the selecting official before issuing the next lower level quality group certificate. The SEO is responsible for reviewing the documentation and must ensure that the reason submitted is merit based. Documentation that does not appear to be merit based must be questioned and/or elevated through the appropriate channels.

      • The SEO will upload the supporting documentation in the appropriate Manage Case File option in CC if the documentation is not generated or processed through CC.

    7. Each quality group will be referred on a separate certificate and will not be merged with other quality groups.

    8. After final selection/nonselection is made, the selecting official must return the certificate(s) for the higher and lower quality groups to the SEO.

    9. If it is determined by the business unit that they have not received sufficient candidates or received too many candidates in the BQ quality group, the SEO should elevate this concern to Talent Acquisition and Evaluation for reevaluation of the crediting plan and/or pre-established cut off scores for future announcements.

    10. For current vacancy announcements changes can not be made in the referral method, pre-established cut off score or crediting plan. This would be a violation of merit systems principles.

Language for "Certificate Notification to the Selecting Official" Template
  1. The following language should be included in your communication to the selecting official when forwarding the Certificate of Eligibles. You should add this language in the "User Enter" area of the "Certificate Notification to the Selecting Official" template:

    "Each quality group represents a quality level (i.e., Best Qualified, Highly Qualified, and Qualified). Applicants must be considered in quality group order, with Best Qualified considered first. If there are 4 or more candidates remaining in the higher quality group and you decide to request the next lower quality level group of candidates, your decision must be documented with a merit based reason. The documentation can be noted in the comment field of the on-line certificate or by email to your servicing HR Specialist. Your servicing HR Specialist will review your justification and, if warranted, will issue you the certificate for the next lower quality group of candidates."

Quality Groups and Interviews
  1. It is not mandatory to interview all applicants within a quality group, unless there is a mandatory interview required by the position. If the selecting official decides to limit the number of interviews within a quality group, the criteria used to select applicants for an interview must be job related, i.e., candidates interviewed had specific job related experience in the private or public sector. The selecting official must document the merit based criteria used to select interviewees. The SEO must upload the supporting documentation in the appropriate Manage Case File option in CC.

Selection

  1. The selecting official has the right to select or not select from among a group of appropriately certified candidates. Management also has the right to select from other appropriate sources (i.e. reinstatement, transfer, veterans' appointment, those within reach on an appropriate external certificate, etc.) or concurrent selection from several appropriate sources.

  2. The selecting official may select any candidate referred as BQ as well as those referred as non-competitive candidates (i.e. reinstatements, transfer, reassignment, etc.). Selection interviews may be conducted, at the selecting official’s discretion. Additional guidance on selecting a candidate being considered for a lateral reassignment is contained in the section below, Lateral Reassignments (See IRM 6.335.1.12.16).

  3. If a BQ candidate is selected and does not accept the position, the declination must be documented in the promotion file. The selecting official then has several options:

    1. Choose from among the other best-qualified candidates appearing on the same referral certificate;

    2. Move another highly qualified candidate into the best-qualified group and then make a selection; or

    3. Elect to fill the position by other means.

  4. Additional positions of the same kind (i.e. the vacancy announcement information would be the same) may be filled within 60 calendar days of the initial selection.

  5. Promotion files will be documented if actions occur within the life of the promotion action that may lead employees to believe that pre-selection, favoritism or other merit violations are affecting competitive selections (i.e. last-minute additions to the selection referral, reappraisals of candidates, long delays in making selections, etc.).

Lateral Reassignments

  1. Generally, the application and consideration procedures in the promotion system will be allowed to function as freely as possible. Employees may continue to file voluntary applications for positions of their choice. Unless the area of consideration was restricted in the vacancy announcement, employees will continue to receive full consideration for lateral reassignments by the selecting office.

  2. However, to promote fairness for all concerned parties, an action involving an employee selected for a lateral reassignment will be effected only if the employee is considered to be the best person for the position and after the impact on the losing office has been determined, or in cases of real hardship.

  3. The determination as to whether or not an employee is the best person for the position does not necessarily have to result from a structured competitive process; however, non-competitive actions must be based on a review of the employee’s abilities and the management needs involved. Lateral reassignments will not be effected to avoid recruiting or training local people, just because the employee involved wants to move there, or for other reasons that are not either cost effective or directly mission related.

  4. In terms of deciding the best person for the job, selecting officials will be encouraged to give preference to their local candidates, particularly when filling positions at and below the full working level. Selecting officials are strongly encouraged to exhaust the supply of local, well-qualified employees eligible for promotion before making lateral reassignments.

  5. After the "best person" test has been met, appropriate officials must also look at the impact of the selection on the losing BOD, and reach an agreement as to where the greater need exists. After the selecting office has determined that an employee is the best person for the position, that BOD will contact the losing BOD to discuss the situation, and reach an agreement based on a mutual consideration of each other’s needs.

  6. No BOD may have a policy prohibiting the release of employees for lateral reassignment. All lateral reassignments will be in compliance with existing regulations and the release of employees for lateral reassignment will be made within a reasonable timeframe as well as mutually agreeable to both the gaining and losing office.

  7. In the case of competitive reassignments, an employee determined to be among the BQ through the competitive process meets the "best person" test. Competitive reassignments between two BODs (or equivalent) will be granted unless there are extenuating circumstances that would negatively impact the overall operation of the organization and that cannot be relieved by an extended reporting date. Competitive reassignments within a BOD can be denied with the concurrence of the lowest supervisory level in the BOD with supervisory responsibility over both the gaining and losing organizations.

  8. Release disputes between BODs will be raised for resolution to the Division Commissioners (or equivalent). If the Division Commissioners (or equivalent) cannot agree, then the Deputy Commissioner will have final authority.

  9. No lateral reassignment may be finalized until the above process is completed, and the losing office has agreed to the release. An employee should not be notified of his/her selection until all required coordination has taken place. The release date should be coordinated between the two BODs.

  10. However, there are two situations when the losing office should not object to an employee’s release. These are:

    1. When it is not feasible for the selection office to recruit or train local people;

    2. When the employee involved has been selected for a position, which clearly enhances his/her career opportunities. Examples of this would be when an employee is moving into another occupation which has greater promotional opportunities and/or provides valuable developmental opportunities for the future; or when an employee is moving into a more responsible position.

  11. The appropriate management officials will determine whether or not moving expenses will be paid. However, moving expenses will not be paid when the lateral reassignment is effected at the employee’s request based on hardship circumstances, except in very unusual situations personally approved by the Division Commissioner (or equivalent). Division Commissioner (or equivalent) should establish appropriate controls to comply with these instructions. Information pertaining to moving expenses is contained in IRM 1.32.1, Financial Policies and Procedures, Official IRS Local Travel Guide.

Temporary Reassignment Actions
  1. Under Federal Register 73 FR 66148, November 7, 2008, "Changes in Pay Administration Rules for General Schedule Employees," an agency may reassign an employee to another position for a specific period of time, but the agency will l use the Nature of Action (NOA) code 721 for the reassignment. OPM staffing regulations make no distinction between permanent and temporary reassignments, however, certain OPM regulations recognize this distinction.

  2. Only two situations warrant processing a competitive or non-competitive temporary reassignment.

    Note:

    If the employee does not qualify for the position the action will be processed as a detail.

    1. Special Rate Reassignments:

      A reassignment will be processed when an employee temporarily moves from a non-special rate position to a special rate (SR) position at the same grade, and the special rate is higher than the employee's rate of basic pay, e.g., employee is temporarily reassigned from a GS-335-7 to a GS-2210-7 (special rate).

    2. Long -Term Rotational Reassignments:

      • A reassignment will be processed when an employee temporarily moves from a bargaining unit position to a different bargaining unit position based on a negotiated LOU rotational agreement (e.g., GS-512, 526, and 1169 employees covered under the SB/SE Rotational Positions Agreement). Depending on the locality pay areas involved, this may or may not result in a change to the employee's rate of basic pay. The employee will be placed in the correct BU awards pool.

      • A reassignment will be processed when an employee temporarily moves from a bargaining unit position to a non-bargaining unit position based on a Recruiter Rotational Assignment NTE Three Years (e.g., employee moves from a GS-512-13 bargaining unit position to a GS-512-13 non-bargaining recruiter rotational reassignment NTE three years). Depending on the locality pay areas involved, this may or may not result in a change to the employee's rate of basic pay. Any union dues being withheld will be stopped and the employee will be placed in the NBU awards pool.

        Note:

        If the employee does not qualify for the position the action will be processed as a detail.

  3. Complete the acknowledgement of Temporary Reassignment notice, for both competitive and non-competitive actions, and send a copy to the gaining manager to share with the employee (Exhibit 1-12). The manager should retain a copy in the Employee Performance File. The servicing EO must maintain a copy of the acknowledgement and the finalized PAR in the vacancy announcement file.

Release of Employee After Selection

  1. Release of an employee for promotion, reassignment or change to lower grade will normally not be delayed beyond the end of the first full pay period after selection, or after the position is vacant if selection is made in advance.

  2. Exceptions to this provision may be made in circumstances when an employee’s release date within the prescribed time limits would unduly hamper operations, or greatly inconvenience the employee involved. Such exceptions can be made only by mutual concurrence of the gaining and losing BODs.

  3. An employee’s promotion will under no circumstances be delayed beyond two full pay periods after selection unless the employee agrees to the delay or the promotion is contingent upon an established training date. It is not required that the promotion effective date and the reporting date be the same. If they are not the same, applicable detail requirements apply.

Documentation

  1. Documentation of a promotion action must be sufficient for a reviewer to reconstruct the action in its entirety, including reasons for determining qualified, HQ, and BQ. Complete promotion files must be maintained for two years from the date final selection is made and the selecting official signs the appropriate selection form. There is no need to duplicate information available in the Plan, the negotiated agreement or in other Personnel records; however, it must be annotated in the file where this information can be located.

  2. The promotion folder (electronic or manual) must contain, at a minimum, the following information:

    1. Identification of the position and the plan under which it was filled;

    2. Area of consideration;

    3. Documentation that special programs were cleared;

    4. Justification from management if the area of consideration is restricted;

    5. Qualification standard for each grade level and selective placement factors (including the validity documentation requirements for selective placement factors);

    6. Copy of Recruit Action;

    7. Copy of PD;

    8. Copy of the vacancy announcement;

    9. Evaluation methods (e.g. performance appraisals, applications, etc.); evaluation criteria (e.g. KSAOs, behavioral indicators, etc.) -including documentation of job analysis data and other data necessary to document the validity and job relatedness of the promotion procedures; or in the case of nationally developed criteria, a notation as to where this information may be found;

    10. System for ranking candidates and how it was applied to each eligible candidate (e.g. crediting plan);

    11. Names of all candidates that applied for consideration;

    12. Basic eligibility determinations on all candidates (e.g. a completed qualification determination record, a complete application, etc.);

    13. Names of all eligible candidates;

    14. Names of all highly-qualified candidates;

    15. Names of those referred to the selecting official;

    16. Name(s) of the individual(s) selected;

    17. Copy of selection certificate;

    18. Any other information that may be needed to explain actions taken in qualification, evaluation and selection processes (i.e. cancellation notice);

    19. Copy of certification for IR 340/343 positions, if applicable; and

    20. Copy of completed personnel action.

  3. The personnel action of the selected candidate must indicate whether the promotion was made under competitive procedures, as a career promotion or as an exception to competitive promotion procedures and that, at the time of promotion, the employee met all qualification requirements and other legal and regulatory requirements.

  4. Promotion records may be used for the following purposes:

    1. Personnel management evaluation reviews by the bureau, agency itself, or OPM;

    2. To serve as evidence that promotions are being made on a fair and valid basis and in accordance with prescribed regulations;

    3. For use as information or evidence in resolving employee questions or grievances;

    4. If necessary, to show compliance with Uniform Guidelines on Employee Selection Procedures; and

    5. To help in other placement and personnel activities.

Program Review

  1. This Plan should be reviewed annually by servicing EOs to ensure that:

    1. The Plan is as effective as possible and useful to employees and management;

    2. Promotion actions are taken promptly and properly and that employee complaints are also handled promptly and properly;

    3. Promotions are used effectively to encourage competent employees, to consider and apply for positions that expand or open careers to them and make the best use of their skills; and

    4. Employees and supervisors have a full understanding of the Merit Promotion Programs.

  2. In reviewing the Plan, employees, management and the union should be given an opportunity to present their views in order to ensure a thorough evaluation of the Program.

Employee Relations

  1. Copies of the Plan will be made available upon request to all employees

Employee Questions and Complaints

  1. Questions or complaints from employees about the Plan will be referred to as follows:

    1. Immediate supervisor;

    2. Servicing HCO, ETS, EO;

    3. EEO Counselor, if employee is raising discrimination issues; and

    4. HCO, ETS, Policy and Programs Office for resolution of questions that cannot be addressed by servicing HCO, ETS, EO.

  2. Employees with complaints that cannot be resolved by the above contacts can file a grievance under applicable procedures. However, failure to be selected for promotion when proper promotion procedures are used (that is non-selection from a properly constituted best-qualified list), is not a basis for grievance or for review under any other procedure.

Information Requests with Servicewide Impact

  1. Guidance for information requests with Servicewide impact can be found in IRM 6.300.1.

Information About Specific Promotion Actions

  1. The immediate supervisor, if requested, will counsel an employee on his/her non-selection and discuss methods of enhancing the employee’s future prospects for promotion.

  2. Employees who are considered for a position and not selected must be notified of the results of the promotion action within 15 work days from the selection date.

  3. The following information about specific promotion actions will be available to employees at their request:

    1. Whether the employee was found basically eligible for the position and what the minimum qualification requirements were;

    2. Whether the employee was highly qualified and BQ and what evaluation criteria was used for making such distinctions among applicants;

    3. Who was selected for promotion; and

    4. Any evaluative material used or generated by an automated system or ranking panel/official concerning the requesting employee. Requests for evaluative material prepared by the ranking panel/official should be made through the employee’s manager.

Release of Evaluative Information to Employees, Unions and Others

  1. When a request for information is received, the request must be independently evaluated by the responsible official per the provisions of the CSRA (5 USC § 7114), the appropriate negotiated agreement, regulation, and other appropriate law (i.e., Freedom of Information, Privacy Act, etc.).

  2. Crediting plans (i.e., evaluation criteria used in the promotion action) will not be released to individual employees. Interview questions and scores that are used as part of the assessment process are part of the crediting plan. Under rare circumstances, crediting plans can be released to a union official in accordance with the procedures in ALERT # 335-28.

    1. Requests received by EOs from IRS EEO investigators, counselors, and Treasury EEO officials for unsanitized evaluative information must be forwarded directly to the HCO ETS Policy and Programs Office.

    2. Requests from other third parties for unsanitized evaluative information must be forwarded directly to the Policy and Programs (P&P) mailbox at: hco.ets.policy.programs@irs.gov. The list of potential third party sources below is not intended to be all inclusive.

  3. Once a crediting plan has been released, a new crediting plan must be developed prior to use in another competitive action.

  4. Guidance on the release of evaluative data in a promotion file to employees, the Union and/or the public is contained in the IRM 11.3, Disclosure of Official Information Handbook.

Procedures for Obtaining Approval for Release of a Crediting Plan

  1. Upon receipt of a request to release a crediting plan, the servicing EO will:

    1. Consult with the appropriate servicing LRO regarding whether the information is necessary (e.g., for resolving a grievance) and whether an alternative might meet the information need.

    2. Explore alternatives to meet the requester’s information needs that would not compromise the crediting plan.

  2. If the efforts described in paragraph (1) do not resolve the request, the servicing EO will prepare a written request with all appropriate information. As a minimum, the request must include:

    1. The name and contact information of the requester;

    2. An explanation of why the request is being made (e.g., grievance, EEO inquiry);

    3. The particularized need for release of the crediting plan;

    4. The date by which release is required;

    5. An explanation of who would view, handle and hear the information contained in the crediting plan; and

    6. An explanation of what safety and security procedures would be in place to secure the crediting plan and to minimize the possibility of its being compromised.

  3. The HCO, ETS, Policy and Programs Office must review and approve all requests for the release of crediting plans from the servicing EOs. No action should be taken to release a crediting plan or the material it contains unless and until written approval is received from the HCO, ETS, Policy and Programs Office. In the very rare event such a release is determined to be necessary, prior written approval will be provided. In the event that such approval is requested, the servicing HCO, ETS, EO should obtain a copy of the grievance, if applicable, and prepare a transmittal for the HCO, ETS, Policy and Programs Office explaining the following:

    1. Efforts made to meet the information need without release of the crediting plan;

    2. Why those options do not meet the need;

    3. A point of contact from your office;

    4. The specifics of any grievance under consideration; and

    5. Whether the plan is in active use or scheduled to become obsolete.

  4. Crediting plans will not be duplicated and used to record ranking scores or narrative. If that process was utilized, then the release of ranking results would compromise the crediting plan.

  5. Interview questions and scores that are used as part of the assessment process are part of the crediting plan.

    1. If the interview is scored in any way, used to put the applicants in any type of rank order, or are technical in nature but not scored, the interview questions will be protected and their release will be covered by these procedures. These questions are typically considered to require technical knowledge in order to be answered satisfactorily, are developed through a structured standardized process with the use of subject matter experts, and contain criteria against which answers/responses are judged.

    2. In accordance with established procedures at the discretion of the selecting official, general interview responses and questions may be shared, along with individual ranking information, with employees upon written request through their manager. Interview questions that do not meet the definition that is described in paragraph 5a above, and are not technical in nature, are considered general interview questions.

  6. If selection interview feedback is requested related to that described in paragraph 5a above, this feedback should be provided to the employee as counseling by the immediate supervisor, selecting official or designee, as appropriate. This feedback may not include providing actual copies of interview questions, interviewer’s notes, or any specific information that might compromise these structured interview tools. This counseling:

    1. Should occur within a reasonable period of time after the employee requests it;

    2. Does not require a justification for non-selection;

    3. May take place via telephone or indirect method; and

    4. The Union has no right to representation.

Security of Personnel Records

  1. All personnel records associated with a promotion action, including a grievance and/or appeal, will be maintained according to the security standards contained in IRM 1.4.6, Resource Guide for Managers. Security standards may never be lower than those contained in IRM 1.4.6.

Correction Action

  1. Failure to comply with laws, policies, regulations and applicable promotion procedures governing competitive actions requires immediate correction of the violation involved. Corrective action may involve the employee who was erroneously promoted, the employee(s) who was (were) not promoted or considered because of the violation, or the officials who caused or sanctioned the violation. It may also involve correcting program deficiencies. The nature and extent of actions to be taken in any case have to be determined on the basis of all the facts in the case. Due regard must be given to the circumstances surrounding the violation, to the equitable and legal rights of the parties concerned, and to the interests of the Government.

Types of Violation

  1. Procedural - A procedural violation occurs when an internal competitive action does not conform to the requirements of this Plan. It may include:

    1. Failure to consider an employee entitled to consideration;

    2. Selection of an employee not in the best-qualified group; and

    3. Failure to give the prescribed weight to an evaluation criterion.

  2. Regulatory - A regulatory violation occurs when the selected employee did not meet legal requirements or regulatory requirements at the time of promotion. It may include:

    1. Failure to meet eligibility (i.e. TIG) requirements; and

    2. Failure to meet OPM qualification requirements.

  3. Program - A program violation occurs when agency promotion guidelines do not conform to regulatory requirements or to other high level guidelines. It may include:

    1. Use of inappropriate methods; and

    2. Establishment of inappropriate minimum areas of consideration.

Actions Involving Erroneously Promoted Employees

  1. The general rule is that an erroneously promoted employee may be retained in the position only if the promotion action can be corrected to conform essentially to all OPM and agency requirements as of the date the action was taken. However, corrective action decisions must be tempered by all the facts surrounding the violation. Under some conditions, it may be permissible to retain the employee in the position even when the general rule does not apply. These conditions include:

    1. Procedural Violation - The employee may be retained in the position only if: reconstruction of the internal competitive action shows that the employee could have been selected had the proper procedures been followed at the time the action was taken; or OPM gives approval. Requests for such approval must be made through HCO, ETS, Policy and Programs Office;

    2. Regulatory Violation - The employee may be retained in the position only if: the employee now meets the necessary qualification or regulatory requirements; and OPM gives approval. Requests for such approval must be made through the HCO, ETS, Policy and Programs Office; and

    3. Program Violation -The employee generally may be retained in the position if there was no accompanying procedural or regulatory violation. Appropriate program corrections will be made.

  2. Corrective Action - If an employee is not retained in the position, he/she must be returned to his/her former position or placed in another position for which he/she is qualified. If the latter position is in a higher grade or level than the position he/she held prior to the erroneous promotion, the position change is made under competitive promotion procedures as though the employee was still serving at the grade or level from which erroneously promoted.

  3. Retention of Erroneously Selected Employee - A determination for retaining an employee in his/her position will be dependent on the nature, extent, and seriousness of the violations involved in the particular situation. It will take into account factors such as:

    1. How close the employee was to meeting qualification or regulatory requirements at the time of promotion if a regulatory violation is involved;

    2. How close the employee was to being in the best-qualified group if a procedural violation is involved;

    3. How much time has elapsed since promotion; and

    4. Whether identification can be made of employees who were or should have been in the group certified to the selecting official and whether they have been promoted or have left the agency.

Action Involving Non-selected Employees

  1. If the corrective action was to require that the position be vacated, an employee, who was not promoted or given proper consideration because of the violation, will be considered for promotion to the vacated position before candidates under a new promotion or other placement action are considered.

  2. If the corrective action did not include vacating the position, an employee who was not promoted or given proper consideration because of the violation is to be given PC for the next appropriate vacancy before candidates under a new competitive or other placement action are considered. An employee may be selected on the basis of this consideration as an exception to the competitive promotion procedures of this Plan.

Action Involving Responsible Officials

  1. Violations of the Plan can have a serious impact on personnel management that goes beyond the particular cases involved. Proper competitive actions are essential to ensure that the best people are being selected for Service positions and employees are receiving fair consideration. An official who permits a violation to occur shall be informed of the violation and told what will be done to avoid repetition. Whether and what type of action should be taken against the official will depend on such factors as the severity of the violation, the motivation for the violation and whether the violation was repetitive. Action may include withdrawal of authority to make selections or promotions and/or disciplinary action up to and including separation from the Service. At a minimum, repetitive violations will be considered when completing the official’s performance appraisal

Retroactive Promotion and Other Corrective Actions

  1. Other corrective actions, including retroactive promotion, are appropriate when an employee has been found to have undergone an unjustified or unwarranted personnel action as defined in 5 CFR Part 550 and Comptroller General decisions. Additional information pertaining to corrective actions and retroactive promotions can be found in IRM 6.550.1, Pay Administration.

Wage Grade Positions

  1. The OPM Job Element Qualification System and this Plan should be used in filling Wage Grade positions, both supervisory and non-supervisory, under competitive procedures. In those instances where there are variances between the requirements of the two systems, the Job Element Qualification System will prevail

Training and Development Programs

  1. Guidance pertaining to formal development plans affording pay retention can be located in IRM 6.536.1, Grade and Pay Retention.

Accelerated Training and Promotion

  1. This program is designed to provide the framework for implementing a formal competitive Accelerated Training and Promotion Program for any position that allows individuals to successfully acquire the required competencies within a compressed timeframe. The purpose of establishing an accelerated training and promotion program is to attract and develop high potential individuals earlier and fast track their progression to the journey level. This will ensure that the IRS continues to meet the current and future succession planning needs and mission of the Service.

  2. 5 CFR § 410.307(a)(2), Training for Promotion or Placement in Other Positions, provides agencies the authority to establish training programs that provide intensive and directly job-related training to substitute for all or part of the experience (but not education, licensing, certification, or other specific credential), required by OPM qualification standards. Such training programs may be established to provide individuals with the opportunity to acquire the experience and knowledge, skills, and abilities necessary to qualify for another position (including at a higher grade) at an accelerated rate. This program may include permanent positions in the competitive and excepted service.

  3. The IRS relies heavily upon the recruitment and retention of highly skilled individuals in various positions to ensure the timely and successful accomplishment of its mission. Each BOD is responsible for identifying positions, developing an Accelerated Training and Promotion Program and developing Accelerated Career Learning Plans (ACLPs) for these positions. The ACLP is a key requirement to support accelerated promotions through identification of required benchmarks, technical competencies and leadership competencies individuals must successfully accomplish at each grade level and complete before advancement to the next higher grade level.

Implementation of Accelerated Training and Promotion Programs

  1. BODs may establish a formal competitive accelerated training and promotion program for any position that allows individuals to successfully acquire the required competencies within a compressed timeframe. Prior to announcing vacancies, BODs must work closely with the HCO, ETS, Talent, Acquisition and Evaluation Office (TAE) to identify Subject Matter Experts (SMEs) in the development of technical competencies and benchmarks for the position. The pre-established program must include structured activities, experiences and training that are designed to prepare individuals for higher-graded duties in the occupation/career field within at least six months. All individuals selected under this program must be placed on an ACLP within 30 days following selection.

Accelerated Career Learning Plans

  1. An ACLP is the key component for successful completion of an accelerated training and promotion program. The ACLP is a defined action plan that outline the steps for reaching position career goals. An ACLP has various elements designed to help individuals determine where they are within their plan, include benchmarks, and levels of accomplishment that must be met at each grade level in order to progress to the next higher grade level at an accelerated rate. Individuals may not receive more than two promotions in any 52-week period solely on the basis of one or more training agreements. (5 CFR § 300.603(b)(6)).

ACLP Requirements

  1. ACLPs must be established and discussed with each individual within 30 days of his/her selection into an accelerated training and promotion program. An ACLP of at least 24 months duration shall be developed for each individual selected for an accelerated training and promotion program. This plan serves as a structured program of activities (aligned to levels of difficulty and grade level progression) for the individual’s training and development. It is structured to develop the competencies of the occupation or functional discipline in which the individual is placed. The format for an ACLP is not specified, but should include (at a minimum) the following:

    1. Individual’s information, including current position (position title, series, grade, and career ladder);

    2. Individual’s supervisor information;

    3. Target position title, series, grade, and career ladder;

    4. The ACLP requires at least two levels of managerial approval and must be signed by selected individuals (e.g. manager, territory manager, and selected individual);

    5. Standard Position Description (SPD) Number of the targeted position;

    6. The targeted position in which the individual will be placed upon completion of all requirements is outlined within the ACLP. Responsibilities of the targeted position are extracted from the Major Duties of the SPD;

    7. Qualifications of the targeted position extracted from the Knowledge required of the SPD and the Office of Personnel Management (OPM) Qualification Handbook;

    8. Target competencies and learning/developmental objectives in support of each competency;

    9. Specified training activities—course title, technical and/or leadership competencies/learning objectives addressed for each grade level, source, costs, training dates, and number of training hours—encompassing at least 80 hours per year of formal classroom training that addresses the core competencies required of the targeted position;

    10. Identification of On-the-Job Instructors (OJIs) for directed learning assignments;

    11. Identification of mentors to work with management and the individuals;

    12. At least one rotational or developmental assignment, of at least three months (or based on management needs) duration in the occupation or functional discipline with management and/or technical responsibilities consistent with the targeted position. This assignment is full-time and outside the individual’s immediate office; and

    13. Assignments in the ACLP are mandatory and each individual’s development may be personalized by assignment. However, optional tasks in addition to the "mandatory" tasks may be added for each grade level.

  2. In developing the ACLP, consideration should be given to training and developmental activities that build knowledge and skills across multiple competencies. BODs are encouraged to develop a methodology for evaluating progress, validating readiness and movement to each progressive grade level. This methodology will also be used, along with the individual’s performance evaluation, to justify removing individuals from the program who are not performing satisfactorily and/or fail to meet the requirements.

Performance Plans

  1. In addition to an ACLP, each individual will be placed on a performance plan establishing performance elements and standards that are directly related to acquiring and demonstrating the various leadership, technical, and/or general competencies of the targeted position, as well as elements and standards established for the duties assigned. An individual must be performing at a fully successful level and must successfully complete all required assignments and benchmarks identified within the ACLP at their current grade level, and must demonstrate their potential to perform at the next higher grade, in order to be promoted at an accelerated rate.

  2. Managers and coaches/OJIs will evaluate assignment completion against the competencies and benchmarks identified in the individual’s ACLP through the completion of bi-monthly "ACLP Candidate Progress Record" review forms contained in the ACLP Development Plan. Managers will use these forms to complete mid-year and annual appraisals and approve completion of all assignments. These forms will also be used to justify a determination that an individual is not performing satisfactorily, fails to complete the required assignments, or does not demonstrate the potential to perform at the next higher grade.

Accelerated Promotions

  1. In accordance with 5 CFR § 300.603(b)(6), an individual may not receive more than two promotions in any 52-week period solely based on one or more accelerated training and promotion program agreements.

  2. Individuals participating in an accelerated training and promotion program are not required to meet the one-year time-in-grade restrictions for promotion to the next higher grade level. However, individuals will not be eligible for promotion until all ACLP requirements are successfully met, management has certified their potential to perform at the next higher grade level, and the minimum appraisal period of 60 days has elapsed.

  3. Selected individuals are eligible for accelerated promotions that follow the normal line of progression up to the full working level of the position in which the individuals were hired, and as identified in OPM’s Qualification Standards.

  4. Selected individuals are eligible for accelerated promotions under this program upon successful completion of all training objectives and benchmarks within the allotted timeframes (no more than two promotions within a 52-week period). All accelerated promotions are contingent upon:

    1. Documentation for successful completion of the training programs and fulfillment of the training objectives/benchmarks for each grade level; and

    2. The manager’s/supervisor’s certification that the individual has demonstrated the ability to apply the subject matter of the training, and potential to perform assignments at a higher grade level of difficulty, and/or with greater independence and responsibility. The final evaluation must address and document the individual’s readiness for the higher grade level. Second level management approval is required.

  5. Promotions cannot be made retroactive; therefore, it is essential that the manager/ supervisor promptly initiates promotion actions. The manager/supervisor must ensure promotion documentation is timely, specific, and complete.

  6. In addition to the documentation requirements above, the following notation must appear on the Personnel Action Request (PAR) documenting selections into the accelerated training and promotion program: "Employee qualified for this position under an approved accelerated training and promotion program. Employee is promoted under an approved accelerated training and promotion program. "

  7. Management has certified (see attached certification) that employee has successfully met all developmental/training assignments and required benchmarks for his/her current grade level and has successfully demonstrated potential to perform at the (insert next higher grade level in the normal line of progression for current position) grade level in accordance with 5 CFR § 410.307(a)(2).

  8. The above notation will be required for all promotions under this program.

  9. Individuals must meet the OPM Qualification Standards and follow normal competitive merit staffing procedures for promotions beyond the journey level of their position.

  10. Pay retention benefits may apply upon initial placement into the program (5 CFR § 536.301).

Responsibilities/Implementation

  1. Administering the Program: HCO is responsible for issuing guidance for the development, implementation and approval of an accelerated training and promotion program. The ETS Division is responsible for developing policy guidance impacting recruitment and selections under this program. The Leadership, Education and Delivery Service (LEADS) Division is responsible for working closely with Embedded HR Offices without an Embedded Learning and Education (L&E) Office to develop and implement an accelerated training and promotion program.

  2. Embedded Human Resources Offices: Embedded Human Resources (EHR) Offices are responsible for implementing an accelerated training and promotion program within their BOD. EHRs are responsible for working closely with their respective Embedded L&E Office to develop and implement an accelerated training and promotion program prior to announcing vacancies. To accomplish this, EHRs are responsible for:

    1. Working with managers to identify key positions that meet program requirements;

    2. Working closely with their Embedded L&E Office and managers in the development of all ACLPs;

    3. Ensuring that all ACLPs are consistent, fair, and administered in an equitable manner;

    4. Ensuring that all ACLPs are timely completed, reviewed, and approved by Embedded L&E or the HCO LEADS Office, where appropriate;

    5. Working with managers to monitor the timely promotions of all individuals selected into the program;

    6. Working with managers to develop and implement an exit strategy for addressing unsuccessful performance and taking action when removing individuals from the program due to unsuccessful performance; and

    7. Reporting program accomplishments under the Annual Federal Equal Opportunity Recruitment Program (FEORP) when requested.

  3. Managers/Supervisors: Managers/supervisors are responsible for:

    1. Providing newly selected individuals with a copy of their performance plans within the first 30 days of their effective date of selection;

    2. Discussing program requirements with selected individuals;

    3. Ensuring newly selected individuals review and sign the Accelerated Training and Promotion Agreement within the first 30 days of their effective date of selection;

    4. Maintaining a copy of the signed Accelerated Training and Promotion Agreement in Employee Performance Files;

    5. Working closely with newly selected individuals to determine additional developmental/training assignments and required benchmarks for successful completion within required timeframes and prior to advancement to the next higher grade level within the first 30 days of their effective date of selection;

    6. Partnering with EHR and Embedded L&E Offices or the HCO LEADS Office where appropriate, to ensure the timely approval of each individual’s ACLP by Embedded L&E or the HCO LEADS Office, where appropriate, within the first 30 days of their effective date of selection;

    7. Providing newly selected individuals with a copy of their approved ACLPs within the first 30 days of their effective date of selection;

    8. Assigning OJIs to work with newly selected individuals;

    9. Monitoring individuals on the timely accomplishments of all developmental/ training assignments and required benchmarks identified in their ACLPs;

    10. Identifying additional developmental/training assignments and required benchmarks for individuals where warranted;

    11. Timely evaluating individuals on their levels of performance for each accelerated promotion grade level. If warranted, individuals are eligible for performance awards, as well as other monetary and honorary awards;

    12. Ensuring timely second level review/approval of all evaluations and ACLPs;

    13. Monitoring and timely promoting individuals to the next higher grade level upon successful completion of all developmental/training assignments and required benchmarks;

    14. Certifying that individuals have successfully met all developmental/training assignments and benchmarks at their current grade level and have demonstrated the potential to perform at the next higher grade level by including the following remark on the individual’s PAR:

      "Employee is promoted under an approved accelerated training and promotion program. Management has certified (see attached certification) that employee has successfully met all developmental/training assignments and required benchmarks for his/her current grade level and has successfully demonstrated potential to perform at the (insert next higher grade level in the normal line of progression for current position) grade level. Employee has met OPM qualification requirements for promotion to the next higher grade."

    15. Proactive on-going counseling of individuals who are not performing at a fully successful level and

    16. Working closely with their EHR and HCO servicing LR/ER Field Operations Office to develop an exit strategy for exiting individuals from the program due to slow progression or unsuccessful performance. Termination or exit from the program at current or lower grade level should be addressed in the exit strategy and determined on a case-by-case basis.

  4. Participating Individuals: Individuals competitively (internally and externally) selected into the accelerated training and promotion program are responsible for:

    1. Reviewing/discussing performance plans with their manager within 30 days of the effective date of their selection;

    2. Reviewing and signing the Accelerated Training and Promotion Agreement with management within the first 30 days of their effective date of selection;

    3. Adhering to program requirements and signing their ACLPs within 30 days of the effective date of their selection; and

    4. Working closely with their manager to identify developmental/ training assignments and required benchmarks within 30 days of the effective date of their selection.

    5. Requesting additional guidance, when required, to ensure successful performance.

  5. Servicing Employment Offices and Non-competitive Actions Group: Servicing Employment Offices and Non-competitive Actions Group (as appropriate) are responsible for:

    1. Ensuring that ACLP announcements clearly define the requirements of this program, advancement through to the journey level, how candidates will be selected and how unsuccessful program performance will be treated;

    2. Working closely with TAE to ensure templates for the automated hiring system are created before announcing vacancies under this program;

    3. Ensuring individuals selected into this program are not receiving more than two promotions in any 52-week period based solely on one or more training agreements;

    4. Ensuring the receipt of the manager’s certification that individuals under this program are performing at a fully successful level, have successfully accomplished all developmental/training assignments and required benchmarks at their current grade level, and have successfully demonstrated their potential to perform at the next higher grade level; and

    5. Ensuring the above certifications are timely filed in participants’ Official Personnel Folders along with the appropriate remarks on the Notification of Personnel Actions.

Extension of the Program

  1. The initial appointment/selection into the accelerated training and promotion program is up to five years; however, under rare and unusual circumstances, the EHR Director may approve an extension of up to one additional year to cover additional training or work experience to meet program requirements. All extensions must be fully documented along with any required changes to the individual’s ACLP. This documentation must be available upon request.

Program Exit Strategy

  1. The Service recognizes that there may be some individuals selected into the accelerated training and promotion program who may not be able to demonstrate that they are capable of learning the knowledge, skills and abilities of a position at an accelerated rate.

  2. If an individual does not satisfactorily complete the accelerated training and promotion program requirements as outlined in their ACLP for any reason, the individual must be removed from the program. For those individuals who were selected into this program from an internal competitive announcement, the BODs should make a reasonable effort to reassign the individual to the same position outside of the accelerated training and promotion program, or return the individual to their former or like position, who, within the last year, was promoted and subsequently demoted for inability to perform at the higher level. BODs should make a reasonable effort to reassign that individual to their previous grade and same or similar position. If an equivalent position is not available, the individual will be reassigned to a position at their current grade.

  3. Those individuals who were selected into this program from an external competitive announcement or an announcement open to status eligibles and who are on their initial appointment with the IRS or who have completed their initial probationary period may also be reassigned to the same position outside of the accelerated training and promotion program. Those individuals who are performing below a fully successful level will be terminated. Management is responsible for ensuring that individuals are aware of this requirement immediately upon selection into the program. Management is also responsible for working with the servicing Workforce Relations Office to accomplish this movement or removal action.

Management Selection Program

  1. This guidance outlines the competitive process used in the selection of all temporary or permanent managers (except Executives) Servicewide. The Management Selection Program (MSP) encompasses the current management/leadership competencies and provides a simplified application, ranking and selection process.

Leadership and Technical Competencies

  1. MSP requires evaluation of each candidate against the leadership and technical competencies for the position being filled.

    1. Leadership competencies are corporately defined as the core responsibilities (Leadership, Customer Satisfaction, Employee Satisfaction, Business Results) currently being used to evaluate managerial employees throughout the Service.

    2. Technical competencies are specific for each position and are identified through a job analysis (job profiling) of the duties and responsibilities of the position by subject matter expert(s) in conjunction with employment representatives.

  2. Behavioral indicators are determined from job analysis. These behavioral indicators serve as the crediting plan to evaluate candidate potential in the ranking process and are unique to each position within each Division or function. The job analysis must be conducted prior to the issuance of the managerial vacancy announcement.

  3. The selecting official must specify the weight given in the ranking process for leadership and technical competencies, as well as the assigned weight for each technical competency prior to announcing a managerial position under MSP.

    1. Leadership competencies/core responsibilities must account for at least 50% and technical competencies must account for no more than 50% of the total ranking score.

    2. Weights among the leadership/core responsibilities are equally allocated. However, weights among the technical competencies do not have to be equally distributed.

MSP Vacancy Announcement

  1. In addition to the vacancy announcement requirements outlined in IRM 6.335.1.12.4, all managerial announcements must identify the technical competencies for the position to be filled or clearly identify where candidates can locate the specific technical competencies.

Applicant Paperwork
  1. Candidates apply for managerial positions by submitting the following paperwork to the EO specified in the vacancy announcement:

    1. Management Selection Program Vacancy Application, Form 13290 or resume containing all required information as stated on the vacancy announcement;

    2. Two-page (maximum) narrative describing technical competencies;

    3. Current Performance Appraisal;

    4. Current Evaluation of Managerial Potential (EMP), Form 13236 for the announced managerial level (Note: The EMP is not required if the position applied for is the same level as the applicant’s current managerial level and rated at least fully successful; and

    5. Forms 13290 and 13236 can be found at: http://hco.web.irs.gov/apps/msp/Index.htm , the Management Selection Program website.

Ranking Process
  1. Qualified candidates will be ranked based on their potential in both leadership/core responsibilities and technical competencies. Ranking for both leadership/core responsibilities and technical competencies will be computed as described below and recorded on the Management Selection Program Ranking Form 13272, which can be found at: http://hco.web.irs.gov/apps/msp/Index.htm.

  2. The EMP ratings will constitute the potential scores for each leadership/core responsibility based on the following conversion – "Ready Now" = 5 points; "Ready 1-2 years" = 3 points and; "Ready 3-5 years" = 1 point. For more information about EMP, See IRM 6.335.22.3.

    1. Candidates applying for the same level of management as their current permanent position and have been rated at least fully successful will not be required to submit an EMP and their leadership/core responsibility potential score will be 5 points each (i.e., Ready Now).

    2. The sum of the leadership/core responsibilities’ potential scores is multiplied by 5 to achieve a maximum raw score of 100.

    3. The raw score is then multiplied by the percentage weight assigned by the selecting official to the leadership/core responsibilities (this percentage must be at least 50%). This is the final score for Part I Core Responsibilities Potential Rating.

  3. Technical competency potential ratings will be assigned by a ranking panel/official based on a review of the candidate’s application paperwork against each of the behavioral indicators in the crediting plan for the position to be filled. Ranking panels/officials will consist of subject matter experts (other than the selecting official) who are at or above the grade of the position to be filled, are not competing for the position, or expected to be future contender(s). The selecting official may not participate as a ranking panel member or official.

  4. Technical competency potential ratings will be assigned on a scale of 1- 5 (1 = minimally acceptable, 3 = fully acceptable, 5 = exceeds). Potential ratings of 2 and 4 may be assigned if the applicant exceeds the lower level but does not meet the higher level.

    1. Ranking officials should assign a potential rating and provide a narrative for each technical competency. In the case of a ranking panel, a consensus rating and narrative should be provided for each technical competency;

    2. Each technical competency will be individually weighted. The technical competency weight, divided by 5 (maximum score) will be multiplied against the official/panel consensus potential rating score to achieve the total technical competency score. There will be a total competency score for each technical competency;

    3. Add the total competency scores for each technical competency together and multiply the sum by the overall technical competency percentage, which may not exceed 50%. This is the final score for Part II, Technical Competency Potential Rating. Form 13272 will be used by ranking panels to perform necessary calculations.

  5. The final score in Part I, Core Responsibilities Potential Rating and Part II, Technical Competency Potential Rating will be combined to produce a final ranking score.

Highly Qualified
  1. The highly qualified (HQ) cut-off score will be established in advance of the candidate ranking. HQ candidates are those candidates that have been determined to possess the competencies necessary to perform the position to be filled in a highly successful manner. The predetermined score of 70 has been designated as the recommended HQ cut-off score; however, HQ scores can be lowered to facilitate maximum candidate referral.

Best Qualified
  1. The HQ candidates with the highest scores will be placed on the BQ (BQ) list. This determination will be based on a natural break in scores; however, no more than 10 candidates will be identified as BQ.

    1. In most cases, the top 3-5 candidates will be referred to the selecting official as BQ (based on natural breaks). Up to 10 candidates can be referred as BQ if no meaningful distinction can be made from among a smaller number of candidates;

    2. In cases where the natural break occurs after the 10th HQ candidate, only the top 10 candidates will be referred as BQ with two exceptions:

    • Tied scores – All candidates with the same score as the 10th ranked HQ candidate will be referred as BQ; and

    • Multiple vacancies – One additional candidate may be referred for each additional vacancy.

Selection
  1. All BQ candidates will be referred to the selecting official. Selection interviews may be conducted, at the selecting official’s discretion. The selecting official does not have to interview all BQ candidates. If the selecting official decides to limit the number of interviews, the criteria used to select applicants for an interview must be job related i.e., candidates interviewed had specific job related experience in the private or public sector. The selecting official must document the merit based criteria used to select interviewees. The SEO must upload the supporting documentation in the appropriate Manage Case File option in the automated hiring system (i.e., CareerConnector).

  2. Non-selection counseling must be provided to all BQ candidates and upon request, to other candidates. Counseling can include copies of the candidate’s own application and ranking information; however, under no circumstances will a candidate be provided with any crediting plan (behavioral indicator) information.

Exceptions to the MSP Process
  1. There are a few situations where an employee can be noncompetitively placed into a management position; however, noncompetitive movement is not authorized when moving from a:

    1. Non-managerial position into a managerial position;

    2. Frontline Manager (FM) position into a higher level FM position;

    3. FM position into a Department Manager (DM) or Senior Manager (SM) position;

    4. DM position into a SM position; and

    5. Non-paybanded position into a paybanded managerial position.

  2. Noncompetitive movement is authorized within specific managerial levels such as moving a current SM into another SM position; a current DM into another DM position; or a current FM into a same or lower FM position.

    1. The documented waiver (IRM 6.335.1.22.2.4 (5)) is not required under these circumstances;

    2. Employee must meet qualification and eligibility requirements; and

    3. Special priority programs must be cleared prior to movement.

  3. Noncompetitive movement is authorized when moving former managers (private and public) who demonstrate the leadership competencies required for the level of management into which placement is being made when such action is warranted and supported by sound business rationale.

    1. This exception to competition is rare and must be approved and documented. See (5) below for waiver information;

    2. Employee must meet qualification and eligibility requirements. Employee must be currently a GS-15 or have permanently held a GS-15 position to be considered for a SM position; employee must be currently a GS-13 or have permanently held a GS-13 position to be considered for a DM position; and

    3. Special priority programs must be cleared prior to movement.

  4. Noncompetitive movement is authorized when moving a former IRS payband manager back to the payband competitively held. A former SM employee converted to a GS-14 or GS-15 may be noncompetitively returned to a SM position; a former DM employee who converted to a GS-11, GS-12 or GS-13 position may be noncompetitively returned to a DM position.

    1. This exception to competition must be approved and documented. See (5) for waiver information;

    2. Employee must meet qualification and eligibility requirements; and

    3. Special priority programs must be cleared prior to movement.

  5. Exceptions to competition as described in (3) and (4) above must be documented.

    1. Exceptions are on a case by case basis;

    2. Division level or equivalent embedded Human Resources Directors must approve documented business rationale; and

    3. When this noncompetitive exception is used, the former manager (private or public) will not be entitled to a salary increase when entering the payband.

Evaluation of Managerial Potential (EMP)

  1. Under the MSP, the Evaluation of Managerial Potential (EMP) is completed at the end of each appraisal period to identify leadership competencies for development and to determine potential in the competitive process. Recently many managers completed the four stages of the Leadership Succession Review (LSR) assessment which also identifies leadership competencies for development. Until further notice, managers who have completed all four stages of the LSR will not be required to complete the EMP annually as part of the appraisal process. Managers who have not completed all four stages of the LSR assessment will continue to complete the EMP as part of the annual appraisal process.

  2. The EMP form is used in the competitive process for management positions.

    1. The EMP ratings become the leadership potential scores and are combined with the technical competency scores during the ranking process.

    2. All employees (excluding Senior Managers and Executives) who are interested in applying for managerial positions must submit their EMP at the time of application.

    3. Once completed, the EMP will be valid for the duration of the employee’s performance cycle.

    4. The EMP leadership potential will be consistent with LSR assessment ratings if completed.

Completing the EMP Form
  1. he EMP is completed by the employee’s manager (rater) and approved at the next higher level (approving authority). Once approved, the EMP can be shared and discussed with the employee.

    1. Employees have the option of providing a two-page narrative addressing the core responsibilities. This narrative will be used by the rater and approving official in determining the employee’s managerial potential rating. Employee narratives will be used for discussion purposes only, be removed after approval of the potential ratings, and placed in the Employee Performance File to support the ratings assigned; and

    2. For individuals applying for managerial positions two levels above their current level, an additional EMP must be completed.

  2. he EMP is not required for employees interested in positions at the same managerial level as their current permanent position.

Ratings
  1. Ratings will reflect potential for the next managerial level rather than actual performance. The rater and approving official will consider all relevant past and present experience and demonstrated performance in assessing the employee’s potential for the next managerial level.

  2. Ready Now.

    1. A "Ready Now" rating for all four core responsibilities will be based on either an "Outstanding" current summary rating or demonstrated outstanding potential;

    2. No narrative is required to support a potential rating of "Ready Now" for all four core responsibilities for employees with an "Outstanding" current summary rating;

    3. A current summary rating of either "Outstanding" or "Exceeded" does not guarantee a "Ready Now" potential evaluation; and

    4. A narrative not to exceed one page is required to support a potential evaluation of "Ready Now" for all four core responsibilities for employees with a current summary rating below "Outstanding." The narrative must accompany the EMP as an attachment.

  3. Ready in 1-2 Years.

    1. A "Ready in 1-2 years" evaluation will be based on either an "Exceeded" or above current summary rating or demonstrated above average potential; and

    2. A narrative is not required to assign "Ready in 1-2 years" rating for one or more responsibilities.

  4. Ready in 3-5 years.

    1. A narrative is not required to assign "Ready in 3-5 years" rating for one or more responsibilities.

  5. For definitions and guidance on assignment of potential ratings for each managerial level, see Instructions for Part II of the Evaluation of Managerial Potential Form which can be found in the Management Selection Program website at: http://hco.web.irs.gov/apps/msp/Index.htm .

Actions Required When Processing Time-Limited Promotions and Extensions

Type of Action Action Required
Non-competitive time-limited promotion NTE 120 days – no anticipated extension. Non-competitive 120 day (180 days) time-limited promotion is terminated on or before the NTE date.
Non competitive time-limited promotion NTE 120 days (180 days) – management may choose to extend the promotion up to at least one year. Competition is required to extend the time-limited promotion beyond 120 days (180 days).
Competitive time-limited promotion NTE one year – management may choose to extend the promotion for an additional year. Can extend if original vacancy announcement included a statement that the time-limited promotion may be extended without further competition.

If original vacancy announcement did not include a statement, competition will be necessary to extend the temporary promotion for an additional year.
Competitive time-limited promotion NTE one year – employee is subsequently temporarily promoted into another higher level position. If qualified, employee can be promoted into another position, (competitively or noncompetitively) subject to 120 day /180 day limit at a higher level.
Stacked (sequential) time-limited promotion ends – employee is still needed on the initial time-limited promotion and the initial NTE date has not expired Employee can be returned to the interrupted time-limited promotion with the appropriate NTE date as long as there is no break in service.
Stacked (sequential) time-limited promotion ends – employee is still needed on the initial time-limited promotion and the NTE date has expired. Can be returned to the interrupted time-limited promotion with the appropriate NTE date as long as there is no break in service and the initial vacancy announcement indicated that the position may be extended.

Acknowledgement of Time-Limited Promotion

ACKNOWLEDGMENT OF TIME-LIMITED PROMOTION
Employee Name: ________________ SSN: ____________


You have been selected for a time-limited promotion to the position of:
Title: __________________________ Promotion Certificate # (if applicable)________
Check the appropriate box.
□ Non-competitive Temporary Promotion
□ Temporary Promotion NTE one year
□ Temporary Promotion NTE one year, may be extended
□ Temporary Promotion NTE one year may be extended, may be made permanent
□ Temporary Promotion NTE more than one year up to five years
□ Extension of Temporary Promotion NTE more than one year up to five years
□ Stacked Temporary Promotion
• Series, Grade, Step: ____________________________
• Organization: _______________________________
• Underlying Base Rate: $______
• Rate of Basic Pay (Includes Locality/Special Rate): $_______
• Effective Date: ______ Not To Exceed Date: _______
Conditions:
1) This time-limited promotion can be terminated at any time at management's discretion. When the temporary promotion is terminated, you will be returned to your position of record, or to a different position of equivalent grade and pay, depending on the circumstances in effect at the time of your change to lower grade. Your return is not appealable under adverse action or reduction in force procedures. You will be informed of the reason for the termination of the time-limited promotion.
2) This time-limited promotion will have no adverse impact on your ability to compete for permanent promotion.
3) This temporary action is necessary to fill an immediate workload need.
4) Upon the return to lower grade, your salary will be set in accordance with pay regulations, and, at a minimum, will include any applicable pay increases you would have received had the time-limited promotion not occurred.
5) A time-limited promotion does not convey permanent status at the temporary higher grade/band. There is no guarantee that this temporary promotion will be made permanent. You will not have appeal rights upon termination of this time-limited promotion.
6) This temporary promotion does not entitle you to noncompetitive re-promotion to the grade to which temporarily promoted. You will receive credit for experience and time-in-grade for the position to which temporarily promoted.
7) In the event of a reduction-in-force your retention/placement rights will be based on your permanent position, not your temporary promotion.
8) Your higher pay will cease upon termination of this time-limited promotion. If through administrative/payroll error it does not, you will be responsible for repaying the entire overpayment.
Highest Previous Rate (HPR):
1) For time-limited promotions within GS (i.e., GS to GS), held for more than one year, the rate earned may be considered, HPR, and used to set pay upon return to your home (or equivalent) position, however, HPR may not be considered if you are likely to be re-promoted within six months either temporarily or permanently.
2) For time-limited promotions to, from, and within the IRS Payband System, HPR is not applicable upon termination of time-limited promotions.
Time-limited Promotions within GS (i.e., GS to GS):
This time-limited promotion begins a new waiting period for a within grade increase(s) (WGI). You will be eligible for a WGI in the temporary grade when the required waiting period has been completed. Upon termination of this time-limited promotion, you will be returned to your permanent GS grade and step. If applicable, your pay and date of last equivalent increase (DLEI) will be adjusted to reflect any WGI(s) you would have received had this time-limited promotion not occurred.
Time-limited Promotion from Permanent GS position to IR Payband position (Competitive and Non-Competitive):
Your pay will be established using IR pay setting rules. You may be eligible to receive a Performance Based Increase (PBI), if you occupy the IRS payband position on the effective date of the PBI. Upon termination of this time-limited promotion, you will be returned to your permanent GS grade and step. If applicable, your pay and DLEI will be adjusted to reflect any WGI(s) you would have received had this time-limited promotion not occurred.
Time-limited Promotion from Permanent IR Payband Position to Higher IR Payband Position:
Your pay will be established using IR pay setting rules. You may be eligible to receive a PBI, if you occupy the higher IR payband position on the effective date of the PBI. Upon termination of this time-limited promotion to the higher IR payband position, you will be returned to your permanent IR payband position and salary. Your pay will be adjusted to reflect any PBI(s) you would have received had this time-limited promotion not occurred.
Time-limited Promotion from Permanent IR Payband Position to GS Position:
Your pay will be established using GS pay setting rules and you are eligible to earn WGI(s). Upon termination of this time-limited promotion you will be returned to your permanent IR payband position and salary. Your pay will be adjusted to reflect any PBI(s) you would have received had this time-limited promotion not occurred.
Stacked Temporary Promotion:
A stacked promotion occurs when an employee, on a temporary promotion receives a second temporary promotion to a higher grade/band. You will be promoted directly from the first temporary promotion to the stacked temporary promotion provided qualifications and time and grade (if applicable) are met. Pay will be set based on the salary of your first temporary promotion.
1) If at the end of the stacked promotion management determines your services are still needed on the first temporary promotion and the NTE date has not expired or the initial vacancy announcement indicated that the position may be extended, you can be returned to the first temporary promotion.
2) If you are returned to the first temporary promotion without a break your pay will be set in the lower grade/band as if the stacked promotion had not occurred. You will be afforded any pay increases(s) (e.g., WGI, PBI) you would have received in the lower grade/band had the stacked promotion not occurred. If applicable HPR will be afforded in accordance with IRM 6.531.1, Pay Under the General Schedule.

Sample Priority Consideration Request to Priority Consideration Approving Authority

MEMORANDUM FOR (appropriate Priority Consideration (PC) approving authority in the Business Operating Division)
FROM: Chief, Employment Branch
Employment Operations X
THRU: Chief, Labor Relations Branch
Operations X
SUBJECT: Request for Priority Consideration - John Doe
Provide the grievant information to include name, title, series, grade, division and location of the employee who is requesting Priority Consideration (PC). Also provide the vacancy announcement information to include the vacancy number, title, series, specialization, temporary or permanent, division, POD, work schedule and tour of duty.
On June 18, 2002, John Doe, Secretary, GS-318-07, W&I, Compliance Services, ACS Remote, in Boondock, NY, applied for:

Vacancy Announcement #:
Title, series, and grade:
Business Division:
Post of Duty:
Work schedule and tour of duty:
Type - Permanent or Temporary:

WI-345900
Secretary, GS-318-08
W&I, Field Assistance
Boondock, NY
Full time, 7:00 a.m.-3:30 p.m.
Permanent

Note:

If position is announced as a career ladder include the full career ladder and the grade(s) qualified .

Provide a complete statement on the fact(s) that entitle(s) the employee to a PC.
During the ranking process an administrative error resulted in Mr. Doe not receiving proper credit for two awards, reducing his overall score by two points. This error prevented Mr. Doe from being referred for selection as a Best Qualified (BQ) applicant.
State the provision that entitles the employee to PC.
(For BU position cite the provisions of the contract that entitle the employee to PC, see example below) In accordance with National Agreement, Article 13 Section 11, "employees erroneously omitted from BQ list shall receive PC in accordance with regulatory requirement."
(For NBU position cite the provisions of the IRM that entitles the employee to PC, see example below) In accordance with IRM 6.335.1.12.8, PC is an appropriate remedy when regulatory or procedural violations have occurred. Employee identified as qualified or highly qualified was improperly excluded from the BQ list.
Therefore, we are seeking your approval to grant PC in this case. If you have any questions or need additional information, please contact ____________, Human Resources Specialist, at XXX-XXX-XXXX.
Approval Yes ________ No ________
________________________________
Signature and Date of PC approving authority
cc: (Name of servicing LRO and Employee's manager)

Sample Notification to Employee of Priority Consideration Entitlement

MEMORANDUM FOR EMPLOYEE— (employee’s name)
FROM: Chief, Employment Branch
Employment Operations X
SUBJECT: Priority Consideration – (employee’s name)
This is notification that you are being granted Priority Consideration (PC) as a result of (provide reason) for merit promotion (announcement number). You will receive PC for the next appropriate position as follows:

Title, series, and grade:
Business Division:
Post of Duty:
Work schedule and tour of duty:
Type - Permanent or Temporary:

Secretary, GS-318-08
W&I, Field Assistance
Boondock, NY
Full time, 7:00 a.m.-3:30 p.m.
Permanent
If you have any questions, please contact (HR Specialist) at XXX-XXX-XXXX.
Chief, Employment Branch
Employment Operations X

Sample Priority Consideration Request to Priority Consideration Approving Authority Absent a Grievance

MEMORANDUM FOR (appropriate Priority Consideration (PC) approving authority in business unit)
FROM: Chief, Employment Branch
Employment Operations X
SUBJECT: Request for Priority Consideration - John Doe)
Provide the name, title, series, grade, division and location of the employee for which a priority consideration (PC) is requested based on the Employment Office’s findings of a procedural or regulatory violation. Also provide the vacancy information that is the basis of the PC to include the vacancy number, title, series, specialization, temporary or permanent, division, POD, work schedule and tour of duty.
On June 18, 2002, John Doe, Secretary, GS-318-07, W&I, Compliance Services, ACS Remote, in Boondock, NY, applied for:

Vacancy Announcement #:
Title, series, and grade:
Business Division:
Post of Duty:
Work schedule and tour of duty:
Type - Permanent or Temporary:

WI-345900
Secretary, GS-318-08
W&I, Field Assistance
Boondock, NY
Full time, 7:00 a.m.-3:30 p.m.
Permanent

Note:

If position is announced as a career ladder include the full career ladder and the grade(s) qualified .

Provide a complete statement of the fact(s) that entitle(s) the employee to a PC.
The Employment Office found an administrative error that resulted in Mr. Doe not receiving proper credit for two awards, reducing his overall score by two points. This error prevented Mr. Doe from being referred for selection as a Best Qualified (BQ) applicant.
State the provision that entitles the employee to PC .
(For BU position cite the provisions of the contract that entitle the employee to PC, see example below.) In accordance with National Agreement, Article 13 Section 11, "employees erroneously omitted from BQ list shall receive PC in accordance with regulatory requirement."
(For NBU position cite the provisions of the IRM that entitle the employee to PC, see example below) In accordance with IRM 6.335.1.12.8, Priority Consideration is an appropriate remedy when regulatory or procedural violations have occurred. Employee identified as qualified or highly qualified was improperly excluded from the BQ list.
Therefore, we are seeking your approval to grant PC in this case. If you have any questions or need additional information, please contact ______________Human Resources Specialist , at XXX-XXX-XXXX.
Approval Yes ________ No ________
________________________________
Signature and Date of PC approving authority

Instructions for Simplified Rating and Ranking Process

Instructions for Simplified Rating and Ranking 10 or Fewer Qualified Candidates for Non-Bargaining Unit Positions
When a promotion package has 10 or fewer qualified candidates for a non-bargaining unit vacancy, the selecting official can approve the use of a simplified rating and ranking process. Simplified ranking eliminates the need for ratings to be assigned and allows for candidates to be grouped by quality level. The below procedures will be followed consistent with current guidelines and can also be used for applicants outside the IRS who have applied as transfers, reinstatements, etc., when it has been determined that ranking is appropriate.
The enclosed package contains all applicants that were found to meet basic qualifications. Your responsibility as either the servicing HR Specialist or the Ranking Official is to distinguish well qualified candidates from those who meet minimum qualification requirements. A well qualified candidate means one who possesses the knowledge, skills and abilities that clearly exceed the minimum qualification requirements in accordance with the rating and ranking process developed for the position to be filled.
Only candidates who meet all KSAOs/competencies will be considered well qualified and referred for selection. It is possible all candidates will be determined eligible for referral.
• The enclosed rating and ranking sheet for each candidate lists the KSAOs/competencies and you must determine if the candidate meets the KSA/competency by indicating YES or NO. A YES indicates the candidate meets the rating of 3 on a 5 point scale or the rating of 2 on a 4 point scale when compared to the enclosed ranking criteria.
• Document what forms were used to make the determination (e.g. Form 9686, Form 6850, KSA, etc.).
• Document if the candidate meets all KSAOs/competencies for well qualified.
• Provide a brief statement as to why the candidate did or did not meet the KSAOs/competencies.
Example: Candidate met a 3 on a 5 point scale for all KSAOs/competencies listed.
Example: Candidate did not provide documentation relating to experience in automation skills.
• Sign and date each ranking sheet.
• Sign and date the vacancy register as the ranking official.
If ranking was conducted by an HR Specialist, forward package for SME review and confirmation. SME will indicate as to whether they agree or disagree with the ratings and provide remarks if not in agreement per IRM 6.335.1.12.14(5).
If ranking was conducted by SME/Ranking Official, return package to your Servicing Employment Office for review and issuance of certificate to:
Internal Revenue Service
Attn: (HR Specialist name)
(Street address)
(City, State, ZIP)
If you have any questions or concerns, please contact (HR Specialist name) at (Phone number).

Instructions for SME Review of Simplified Rating and Ranking Process

Instructions for SME Review and Confirmation of Simplified Rating and Ranking for Non-Bargaining (NBU) Positions Conducted by the Servicing Employment Office
When a promotion package has 10 or fewer qualified applicants for a NBU vacancy, the selecting official can approve the use of a simplified rating and ranking process. Simplified rating and ranking eliminates the need for ratings to be assigned and allows candidates to be grouped by quality level. The below procedures will be followed consistent with current guidelines and can also be used for applicants outside the IRS who have applied as transfers, reinstatements, etc., when it has been determined that ranking is appropriate.
The enclosed package contains all applicants that were found to meet basic qualifications. Your servicing HR Specialist has conducted the simplified rating and ranking process as approved by the selecting official to determine if each candidate meets the well qualified criteria. A well qualified candidate means one who possesses the knowledge, skills, abilities, and other characteristics (KSAOs) that clearly exceed the minimum qualification requirements in accordance with the rating and ranking process developed for the position to be filled. This would translate to a 3 on a 5 point scale or a 2 on a 4 point scale when compared to the enclosed ranking criteria for this position.
Only candidates who meet all KSAOs/competencies will be considered well qualified and referred for selection. It is possible all candidates will be determined eligible for referral.
Please review and confirm the determination made by the HR Staffing Representative per IRM 6.335.1.12.14(5).
• Review each applicant’s paperwork.
• Indicate whether you agree or disagree with the determination made by the HR Staffing Representative.
•If you disagree with the original determination, provide a brief statement as to why you disagree.
Example: Candidate did not provide documentation relating to experience in automation skills.
•Sign and date each ranking sheet.
If you have any questions or concerns, please contact (HR specialist name) at (Phone number).
Please return the ranking package to your servicing Employment Office at the address listed below:
Internal Revenue Service
Attn: (HR Specialist name)
(Street address)
(City, State, ZIP)

Simplified Rating and Ranking Sheet

SIMPLIFIED RATING AND RANKING SHEET
(Used only when 10 or fewer qualified candidates for NBU vacancy)
Candidate’s Name : _______________________________
Announcement No: _______________________________
Position Applied For: ________________
(Title, Series, Grade)
_______________
(Post of Duty)
WELL-QUALIFIED DETERMINATIONS
KSAOs/ Competencies Met/Not Met
Yes or No
Documents Used in
Determination
KSAO/Competency (From the crediting plan) "Yes" indicates the candidate
meets the rating of 3 on a 5
point scale or 2 on a 4 point
scale for the
KSAO/Competency
Check all documents that apply
1. Appraisal ( ) Application/Resume ( )
KSAO ( ) Other* ( )
*Other Document
2 Appraisal ( ) Application/Resume ( )
KSAO ( ) Other* ( )
*Other Document
3. Appraisal ( ) Application/Resume ( )
KSAO ( ) Other* ( )
*Other Document
4. Appraisal ( ) Application/Resume ( )
KSAO ( ) Other* ( )
*Other Document
5. Appraisal ( ) Application/Resume ( )
KSAO ( ) Other* ( )
*Other Document
6. Appraisal ( ) Application/Resume ( )
KSAO ( ) Other* ( )
*Other Document
Does applicant meet all KSAOs/competencies for well-qualified? Yes _____ No _____
Remarks:
________________________________
HR Staffing Representative or Ranking Official or Subject Matter Expert
_____________
Date

Note:

If HR Representative conducted ranking, the following fields must be completed:

Subject Matter Expert: Agree ___ Disagree ___
Remarks:
_______________________________
Subject Matter Expert (Print Name and Sign)
__________
Date

LB&I Approved GS-14 Large Case Audit Positions for LB&I Temporary Assignments NTE Five Years

LB&I APPROVED GS-14 LARGE CASE AUDIT POSITIONS FOR LB&I TEMPORARY ASSIGNMENTS NTE FIVE YEARS
PD# PP SER GR TITLE
92200 GS 0512 14 Internal Revenue Agent ( Senior CEP Team Coordinator)
93757 GS 0512 14 Internal Revenue Agent (Qualified Intermediary or Shelter Promoter Compliance Specialist)
94505 GS 0512 14 Internal Revenue Agent (Computer Audit Specialist)
94721 GS 0512 14 Lead Internal Revenue Agent (Senior Financial Products and Transactions Specialist)
94722 GS 0512 14 Lead Internal Revenue Agent (Computer Audit Specialist
94734 GS 0512 14 Internal Revenue Agent (Senior International Examiner)
95175 GS 0801 14 General Engineer (Technical Advisor Specialist - Domestic)
95272 GS 0512 14 Internal Revenue Agent (Senior Employment Tax Specialist)
95915 GS 0512 14 Lead Internal Revenue Agent (Team Leader)
96217 GS 0512 14 Internal Revenue Agent (Senior Flow Through Specialist)
96242 GS 0512 14 Internal Revenue Agent (Senior Business Valuation Specialist)
96247 GS 0512 14 Internal Revenue Agent (Senior Financial Products Specialist)
96628 GS 0512 14 Internal Revenue Agent (International Issue Specialist)
97508 GS 0512 14 Internal Revenue Agent (Technical Specialist)

Calculating Limits on Temporary Promotions

GUIDANCE:

To calculate time available for a non-competitive temporary promotion subtract one year from the NTE date of the current proposed temporary promotion. Note that prior non-competitive temporary promotions and details to higher graded positions during the preceding 12 months must be subtracted when computing the time available (ref 5 CFR § 335.103 (c)(3)(III)).

Example: Management wants to give Daisy a new 120-day non-competitive temporary promotion effective 8/28/2011. Previously, Daisy received a 120-day noncompetitive temporary promotion effective 09/26/2010, NTE 01/15/2011. * This temporary promotion was terminated on 01/16/2011 and Daisy was returned to her permanent position of record. The following chart shows how the 12 month period would be calculated in this case:


STEP ACTION
1 Calculate the 120 day NTE date from the PAR effective date of 08/28/2011. 120 days from 08/28/2011 is 12/17/2011. *
2 Review previous year (12/17/2010 to 12/17/2011) to determine if Daisy held any non-competitive temporary promotions. Daisy was non-competitively temporarily promoted from 12/17/2010 to 01/15/2011 (30 days)
3 Subtract the total number of days already spent on a noncompetitive temporary promotion from the 120 day maximum allowed. 120 days - 30 days = 90 days
4 The difference is the maximum number of days Daisy may be non-competitively temporarily promoted under the current PAR. 90 days from 08/28/2011 = NTE 11/19/2011 *

Note:

*It is IRS practice that temporary promotions end on the last day of a pay period. Therefore, the full 120 days allowable was not used to calculate the NTE date.

Acknowledgement of Temporary Reassignment

Acknowledgement of Temporary Reassignment
Employee Name: ___________________ SEID: __________________
Initial Reassignment Extension:
__________________
Effective Date:
_______________NTE Date: ________________
Vacancy Announcement Number (if applicable):
________________
Title, Series, Grade of Temporary Reassignment:
_______________
Basic Salary: $
__________Locality Adjustment: $ ______________
Division/Organization:
__________________
Title, Series, Grade of Home Position:
_________________________
You understand the following:
1. This temporary reassignment can be terminated at any time at management’s discretion prior to the NTE date. When the time-limited reassignment is terminated, you will be returned to your home position or to an different position of equivalent grade and pay with no higher promotion potential.
2. At management’s discretion may be extended up to the maximum allowable period.
3. Your return is not subject to adverse action or reduction-in-force procedures.
:4. You will be informed of the reason for termination of time-limited reassignment by management.
5. This temporary reassignment will have no adverse impact on your ability to compete for other competitive opportunities.
6. This temporary reassignment is necessary to fill an immediate workload need.
7. A temporary reassignment does not convey permanent status in the temporary position. There is no guarantee that this temporary reassignment will be made permanent. You will not have appeal rights upon termination of this temporary reassignment.
8. In the event of a reduction-in-force your retention/placement rights will be based on your permanent position, not your temporary reassignment.
9. If the vacancy announcement included a statement that the position may be extended or made permanent without further competition, your manager must submit a Personnel Action Request to extend the action or remove the temporary limitation
10. Upon return to your same or like position, your salary will be set in accordance with established pay regulations.
Contact Information: ______________

HR Specialist: __________________
Telephone Number: ______________