10.07 - Merit Assignment Plan

10.07.01
PURPOSE
The purpose of this subchapter is to: (l) implement federal merit promotion and placement laws and regulations at the National Institute of Standards and Technology (NIST); (2) establish policies and procedures for considering and selecting qualified candidates for promotion and placement to positions based on qualifications after fair and open competition which ensure that all qualified candidates receive equal opportunity; (3) and describe the responsibilities of the Human Resources Management Division (HRMD), selecting officials, employees, and applicants.

10.07.02
SCOPE
The NIST Merit Assignment Plan (hereinafter referred to as the Plan) applies to competitive staffing actions involving status applicants. In some cases the provisions of a collective bargaining agreement supersede this Plan. This Plan does not apply to non-status (with the exception of preference eligibles or veterans who have been separated from the armed forces under honorable conditions after 3 years or more continuous active military service) or excepted service, SES, ST-3104, or Schedule C applicants or non-competitive actions.

10.07.03
POLICY
It is NIST policy that all employees and applicants for employment should receive fair and equitable treatment in all aspects of human resources management without regard to political or labor organization affiliation or non-affiliation, race, color, religion, national origin, sex, marital status, age, sexual orientation, non-disqualifying disability, and with proper regard for their privacy and constitutional rights. This Plan does not guarantee promotion but is intended to ensure that qualified available applicants receive fair and equitable consideration for positions filled under competitive procedures. Management may fill a vacancy by promotion, change to lower pay band/grade, noncompetitive conversion, reassignment, transfer, reinstatement, or other appropriate authorities. Applicants may be considered concurrently or consecutively from any recruitment source. Subject to laws and regulations, management makes the final decision on selections and has the right to select or not select from among the best-qualified candidates. Employees who are absent for legitimate reason and wish to be considered for other positions should provide their supervisors with an application package and a list of the types of positions for which they wish to be considered during their absence.

10.07.04
AUTHORITY
Pertinent parts of Chapter 35 of Title 5, U.S. Code, Chapter 335, 5 Code of Federal Regulations, (CFR) dealing with Promotion and Internal Placement; Federal Register Notice, Volume 62, No. 203, dated October 21, 1997; and pertinent Personnel Management Board (PMB) decisions.

10.07.05
DEFINITIONS
a. Best Qualified - A designator for those qualified applicants who rank the highest when compared with other qualified applicants.

b. Crediting Plan - A plan consisting of questions and weights that are used to determine the relative standing of qualified applicants by providing the basis on which they are rated and ranked.

c. Quick Hire - An automated Application System.

d. Quick Hire - Questions asked of the applicant in order to determine the relative standing of qualified applicants by providing the basis on which they are rated and ranked.

e. Detail - The temporary assignment of an employee to a different position or set of duties for a specified period of time with no change in pay.

f. Job Elements - Knowledge, skills, abilities, or other characteristics essential for performance in a Federal Wage System position.

g. Known Promotion Potential (KPP) - The highest grade or pay band of a position [also called the Full Performance Level (FPL) for a position].

h. Merit Program Certificate - The document used to refer the names of the best-qualified competitive status applicants to a selecting official and for documenting selection or non-selection.

i. Merit Assignment Vacancy Announcement - The document used to publicize vacancies under this program and to inform potential applicants about the position being filled, its qualification requirements, the information required to be submitted, and the procedures to follow to receive consideration, i.e., individuals with disabilities may request accommodation.

j. Non-Status Applicants - Applicants who are not currently employed in the federal service or do not have reinstatement rights based on former federal service.

k. Pay Band - A level of classification within a career path under the NIST Alternative Personnel Management System (AMPS) classification program. (Replace grades under GS classification system.)

l. Priority Consideration - The referral of an individual to a selecting official in advance of other qualified applicants for selection consideration. Eligibility for priority consideration is based on provisions of law, regulation, court order, or settlement.

m. Promotion -

(1) Promotion for NIST Alternative Personnel Management System Employees Only - The change of an employee to: (a) a higher payband in the same career path; or (b) a payband in another career path in combination with an increase in pay. The minimum pay increase upon promotion is six percent or the cap of the pay band.

(2) Promotion for Federal Wage System (FWS) Employees Only - The change of an employee, while continuously employed, to a higher FWS grade in the same type of prevailing wage schedule.

(3) Accretion of Duties Promotion - The noncompetitive promotion beyond the career ladder/KPP to a higher payband in the same career path or higher FWS grade because the position has been reclassified due to additional higher-level duties and responsibilities.

(4) Career Promotion - The noncompetitive promotion of an employee when competition was held at an earlier stage.

n. Quality Ranking Factor (QRF) - A job-related knowledge, skill, and/or ability, which is desirable or expected to significantly enhance performance in a position. (Selective factors are essential/mandatory. QRF’s are not mandatory.) Quality ranking factors are the basis for the development of the crediting plan. In the crediting plan, they are weighted to permit further qualitative distinctions among qualified applicants. QRF’s are the basis for determining an applicant’s rank in comparison to other qualified applicants.

o. Ranking - An applicants score, in comparison to other qualified applicants, as a result of the evaluation of an applicant’s possession of desirable knowledge, skills, and abilities described in the vacancy announcement under Quality Ranking Factors, and any veteran’s preference.

p. Rating - A numerical score indicating the degree to which an applicant possesses the job-related knowledge, skills and abilities, outlined by quality ranking factors or job elements of the position.

q. Reassignment/Transfer (Competitive) - The change of an employee: (1) to a position with greater known promotion/grade/pay potential with or without an increase in pay; (2) to a position in the same payband in the same career path with an increase in pay; or (3) to a position in any payband in another career path with an increase in pay of less than six percent.

r. Reassignment/Transfer (Non-Competitive) - The change of an employee: (1) to a position with no greater known promotion/grade/pay potential and no increase in pay; or (2) to a position in the same payband in the same career path with no increase in pay, except for ZP supervisory differential.

s. Screen-Out Element - The critical overall element hat establishes the minimum qualifications required for an FWS position. Applicants who do not meet the lowest acceptable requirement in the screen-out element are rated not qualified.

t. Selective Factor - A job-related knowledge, skill, and/or ability that is required for satisfactory performance in a particular position. A selective factor, sometimes referred to as a selective placement factor, is in addition to the basic OPM qualification standard for a position and is therefore part of the minimum qualification requirements that applicants for the position must meet to be minimally qualified.

u. Specialized Experience - Experience that has equipped the applicant with the particular knowledge, skills, and abilities to perform successfully the duties of the position and is typically in or related to the work of the position to be filled.

v. Status Applicants - Those applicants who are currently employed in the federal service or who have reinstatement rights based on former federal service.

10.07.06
MERIT ASSIGNMENT PLAN COVERAGE
The competitive procedures of this Plan apply to the following actions:

a. All types of promotion actions except those listed in Section 10.07.07;

b. Selection for training which is required for promotion or part of an authorized training agreement or promotion plan;

c. Reassignment, demotion, transfer, or reinstatement to a position with an increase in pay, more promotion potential, or a higher pay band than previously held on a permanent basis in the competitive service;

d. Temporary promotion for over 120 days; and

e. Details over 120 days to a position at a higher pay band or with greater promotion potential.

10.07.07
EXCEPTIONS TO COMPETITION
The competitive procedures of this Plan do not apply to the following actions:

a. A promotion resulting from upgrading a position, without a significant change in the duties and responsibilities due to the issuance of a new classification standard;

b. A position change permitted by a reduction-in-force;

c. The upgrading of an employee's position due to accretion of additional higher grade duties and responsibilities where the successor position absorbs the old position;

d. A career promotion when at an earlier stage an employee was selected under competitive procedures for a position below the full performance level;

e. Non-competitive conversion of a student appointment;

f. A promotion from a trainee position when the employee was selected for the target position under competitive procedures;

g. Temporary promotion or detail to a higher pay band/grade for 120 calendar days or less (all details to higher pay band positions and temporary promotions held during the preceding 12-month period are counted when computing the 120-day period);

h. Promotion, reassignment, demotion, transfer, reinstatement, or detail to a position having promotion potential no greater than the potential of the position the employee currently holds or previously held on a permanent basis in the competitive service and did not lose for performance or conduct reasons;

i. Promotion of a candidate not given proper consideration in a competitive promotion action;

j. An increase in pay due to supervisory differential; and

k. Selection under direct hire, agency-based staffing, or delegated examining authorities. External recruitment procedures are used for these staffing mechanisms.

10.07.08
RESPONSIBILITIES
a. The Human Resources Management Division is responsible for establishing, implementing, and administering this Plan. Responsibilities including:

(1) Advising and training supervisors and employees about the requirements, objectives, and other aspects of this program;

(2) Establishing and maintaining necessary Merit Assignment Plan files to permit reconstruction of actions and to answer inquiries (the files for applications under the Quick Hire System will be Quick Hire System files);

(3) Assisting in the development of the vacancy announcement including the description of specialized experience, selective factor(s), screen-out element(s), job element(s), and crediting plan(s); and Quick Hire questions;

(4) Evaluating the qualifications of applicants, and advising panel members of their responsibilities;

(5) Preparing the Merit Program certificates;

(6) Approving requests for merit certificate extensions;

(7) Making the official position offer;

(8) Advise on the area of consideration/who may apply; and

(9) Insuring that priority placement programs are applied.

b. Managers and selection officials are responsible for staffing positions in accordance with applicable federal laws and regulations including:

(1) Developing position descriptions, information for vacancy announcements, specialized experience, selective factor(s), Quick Hire questions, screen-out element, job element(s), and crediting plan(s);

(2) Determining the area of consideration who may apply that will produce an adequate number of best qualified and diverse applicants;

(3) Making a selection from among the best-qualified applicants.

c. Applicants are responsible for:

(1) Complying with requirements stated in the Vacancy Announcement.

(2) Ensuring that their applications are submitted to HRMD no later than the closing date.

10.07.09
AREAS OF CONSIDERATION/WHO MAY APPLY
a. The area of consideration (reflected in the vacancy announcement in the "Who May Apply" section) is that area within which an agency conducts a search and considers applicants. Areas of consideration apply only to actions for which competition is required.

b. The selecting official determines the area of consideration from among the options listed below. The area of consideration must be sufficiently broad to ensure the availability of an adequate number of best-qualified and diverse applicants for the selecting official's consideration.

c. Areas of consideration are:

(1) Current status employees of a NIST division (Gaithersburg and/or Boulder);

(2) Current status employees of a NIST Operating Unit (Gaithersburg and/or Boulder);

(3) Current status employees of NIST (Gaithersburg and/or Boulder);

(4) Current status employees of Department of Commerce in the local commuting area;

(5) Advises on the area of consideration/who may apply;

(6) Current status employees of Department of Commerce, nationwide;

(7) All sources of status applicants in the local commuting area; and

(8) All sources of status applicants, nationwide.

10.07.10
VACANCY ANNOUNCEMENTS
The minimum open period for any Merit Assignment vacancy announcement is five business days.

10.07.11
MINIMUM QUALIFICATION REQUIREMENTS
a. The Qualification Standards for General Schedule Positions, published by OPM, are used to determine basic eligibility of applicants. The qualification standard of the lowest grade in the pay band is used to determine basic eligibility for NIST Alternative Personnel Management System positions. The job elements used to qualify for Federal Wage System positions are contained in the OPM Handbook X-118C, "Job Qualification System for Trades and Labor Occupations." Both documents are available in the Human Resources Management Division, Gaithersburg, and in the MASC Human Resources Division, Boulder.

b. A description of specialized experience is stated in the vacancy announcement.

c. Selective Factors, if used, are part of the minimum qualification requirements and must be listed in the vacancy announcement.

d. Applicants must meet all minimum qualification standards outlined in the OPM Qualifications Standard and any selective factors by the closing date of the vacancy announcement.

10.07.12
RATING AND RANKING
a. Quality Ranking Factors/Questions shown in the vacancy announcement are used to identify the best-qualified group of applicants.

b. All qualified applicants are rated and ranked against the quality ranking factors/questions. However, if there are ten or fewer qualified applicants per pay band or grade level, a simplified ranking procedure, shown in paragraph c. below, may be used to determine the best-qualified group.

c. When using a simplified ranking procedure (for ten or fewer qualified applicants), those applications showing evidence of the most important quality ranking factor/question will be considered best qualified and referred to the selecting official. Those that do not show evidence of that quality ranking factor/question will not be referred.

10.07.13
REFERRAL OF APPLICANTS
a. Priority consideration/referral will be given to individuals eligible for special placement programs (e.g., Career Transition Assistance Program (CTAP), Interagency Career Transition Assistance Program (ICTAP), and the Reemployment Priority List (RPL)).

b. All qualified applicants who are above the cut-off score based on the rating and ranking process are placed on the Merit Program Certificate that is issued to the selecting official. Additionally, a list of qualified candidates who do not need to compete is also issued to the selecting official if applicable.

c. Selecting officials may request additional applications or re-post the vacancy when the number of referred applicants on the Merit Program Certificate is less than three or when the selecting official can justify in writing why the referred applicants are not suitable for selection to the position.

d. The Merit Program Certificate is issued to the selecting official for 60 days and may be extended for an additional 30 days. A written request for extension from the selecting official is submitted to the Human Resources Management Specialist.

10.07.14
SELECTION
a. The selecting official may select any of the referred candidates on the Merit Program Certificate or on the Non-Competing List.

b. Performance appraisals and incentive awards must be given due weight in the selection process by the selecting official prior to making the selection decision (e.g., during interviews or when conducting reference checks).

c. Selecting officials may interview any number of the applicants referred. Interviews may be conducted by telephone where face-to-face interviews are not possible.

d. The selecting official is not required to fill a vacancy by selection from a Merit Program Certificate. Other appropriate sources may be used such as reemployment priority lists, Career Transition Assistance Programs, Direct Hire, Agency Based Authority, noncompetitive reassignment, reinstatement, transfer, appointing authorities for disabled individuals, Veterans Readjustment Act, Delegated Examining Authority, and others.

e. The selecting official's decision to select an applicant is subject to all other approvals required by law, regulation, or policy.

f. The selecting official shall indicate the tentative selection decision and other actions as required on the Merit Program Certificate, and return to HRMD. No final offer of employment may be made until the HRMD staff determines that all required approvals and clearances have been obtained. The Human Resources Management Specialist will make the final job offer and notify the selecting official of the selectee’s decision and confirm the effective date of the action.

g. The HRMD arranges the Entrance-on-Duty (EOD) date. If the selectee is a current NIST employee, the selectee is released at the beginning of the first pay period after selected, which allows a minimum of two-weeks notice. Under unusual circumstances, the release period may be extended by mutual agreement. If the selectee is selected from another agency, the HRMD arranges a release date in accordance with acceptable federal practice.

10.07.15
DOCUMENTATION AND RECORDS
Applicants have the right to review records used to evaluate them under this Plan in accordance with applicable Privacy Act and Freedom of Information Act regulations. Records are maintained for two years or until after an OPM audit, whichever is sooner.

10.07.16
RECONSIDERATION
Applicants may request, in writing to the Human Resources Officer, reconsideration of the qualifications, rating, and ranking determinations made by the Human Resources Management Division staff (the Human Resources Officer is not involved in initial qualifications, rating, and ranking determinations). A request must explain why the original determination was improper and what factors were not considered, and should provide any other pertinent information which would enable the Human Resources Officer to reevaluate the decision. Applicants determined to have “lost consideration” receive priority referral for the next vacancy in the same career path, series, pay band for which qualified and area of consideration/who may apply. They have priority consideration over all other applicants, including preference eligibles and RPL, CTAP, and ICTAP eligibles.

10.07.17
INFORMATION TO EMPLOYEES
a. At Gaithersburg, copies of the Merit Assignment Plan are available in the Human Resources Management Division and, at Boulder, in the MASC Human Resources Division. Employees are informed via the vacancy announcement supplemental information where they may obtain copies of this Plan.

b. Training on this Plan is offered periodically.

10.07.18
CAREER LADDERS/KNOWN PROMOTION POTENTIAL (KPP)
a. Career ladders/known promotion potential (KPP) are the successive grades/pay bands through which an employee may advance to the full performance level within an occupation or group of like occupations. A career ladder/KPP is established based on a classification decision that sufficient work exists for all employees in that occupation at the full performance level to support the payband or FWS grade. A career ladder/KPP provides progressively more responsible experience and noncompetitive promotion potential up to the designated full performance level. Incumbents may be promoted non-competitively when they demonstrate the ability and readiness to perform at the next higher payband or grade in the career ladder and when legal requirements are met.

b. The NIST designated career ladders/KPP include:

(1) All Scientific and Engineering (ZP) positions to Pay Band III;

(2) All S&E Technician (ZT) positions to Pay Band II;

(3) All Administrative (ZA) positions to Pay Band III

(4) Support (ZS). Career ladder/KPP of each position is determined individually and stated on the vacancy announcement.

(5) Wage Grade Positions. Career ladder/KPP of each position is determined individually and stated on the vacancy announcement.

(6) Exceptions to the above career ladders require written documentation as to the reasons for the limitation.

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5/2008