Ability.  A present  competence to perform an observable behavior or a behavior which results in an observable product.
 

Appointing Authority (Official). The person delegated the authority to authorize personnel' actions. In IHS, this authority is given to the Personnel Officers, and delegated to others under their line authority.
 

Area of Consideration.  the area, organization, or group of organizations in which an intensive search is made for eligible candidates to fill vacancies covered by this merit promotion plan.
 

Best Qualified Candidates.  Those qualified candidates who rank at the top when compared with other eligible candidates for promotion and who are referred to the selecting official for consideration as those most likely to perform the job in a superior manner.
 

Career Ladder Position.  A position where the grade progression from entry level to the full performance level is identified and documented on position descriptions and vacancy announcements.
 

Change-to-Lower Grade.  The change of an employee to a lower grade when both the old and the new positions are under the GS, or under the same wage grade schedule, or to a position with a lower rate of basic pay when both are old and the new positions are under the same type upgraded wage schedule or in different pay-method categories.
 

Crediting Plan.  A set of criteria used to predict performance on the job of candidates rated eligible for the job; sometimes called ranking schedule.
 

Detail.  The temporary assignment of an employee to a different position or to unclassified duties for a specified period with the employee retaining his/her position of record and returning to his/her regular duties at the end of the temporary assignment.
 

Job Analysis.  The process of identifying the knowledge, skills, abilities (KSAs), and other characteristics essential to a position in order to provide a job-related basis for evaluation and selection for that position.
 

Knowledge.  A body of information applied directly to the performance of a function.
 

Minimum Area of Consideration. The smallest geographic or organizational area from which it is reasonably expected that enough high quality candidates will be located to fill a particular vacancy covered by this plan and within which a vacancy must be announced.
 

Minimum Qualification Standards. For positions in the competitive service, and for positions in the excepted service when Preston Standards have not been developed, the qualification standards prescribed by the OPM in its Qualification Standards Operating Manual and Handbook X-118C,or OPM approved single agency standards are to be used to determine minimum qualifications. These standards may be supplemented by appropriate selective factors, as approved by the SPO or OPM, as appropriate.
 

Outside Applicants. Any applicant other than current permanent HHS employees who:
 

Have reinstatement or transfer eligibility through previous or current Federal civil service employment.
 

Have Indian preference entitlement.
 

Have eligibility for some other excepted service appointment, such as Veterans Readjustment Appointment (VRA) , handicapped, etc.
 

Performance Appraisal. Evaluation of an employee's performance on various aspects of work performed in the present position.
 

Preston/Excepted Service Qualification Standards. Preston Standards are Excepted Service Qualification Standards that are established for use when Indian applicants apply for jobs in the IHS. In 1984, a U.S. Court of Appeals decision was made which affects hiring practices for American Indians and Alaska Natives (AI/AN) in the IHS. This court decision is referred to as the Preston Case and the standards that are developed in connection with the case are called "Preston Standards."
 

Priority Promotion Consideration. Referral before other candidates are sought through the promotion plan process of an employee or applicant who failed, as a result of a procedural error or violation, to receive proper consideration in a competitive promotion action. An employee or applicant is entitled to be referred to the next vacancy for which he/she is qualified that is at the same grade and under the same promotion plan as the position for which proper consideration was not given; and, in the same geographic location (commuting area) or in another location the employee or applicant has indicated a willingness to accept.
 

Promotion. A promotion is the change of an employee to a position at a higher grade level within the same job classification system and pay schedule or to a position with a higher rate of basic pay in a different job classification system and pay schedule.
 

Qualified Candidates. Candidates who meet the legal and regulatory requirements including citizenship, time-after-competitive-appointment, time-in-grade (if applicable), other eligibility requirements e.g., Public Law (P.L.)101-630, suitability, and meet and/or exceed minimum qualification standards, including any selective factors established for the position to be filled.
 

Ranking. Ranking is the process of applying the KSA ranking schedule to the applications and arranging qualified candidates in order based on the results of this process.
 

Rating. Rating is the process of reviewing the backgrounds of candidates to determine if they meet the minimum qualifications for the position.
 

Realignment. The movement of an employee with his to her position within the HHS/IHS.  A realignment action is not the filling of a vacancy.
 

Reassignment. The change of an employee from one position to another within the Department without promotion or change to lower grade. 
 

Selecting Official. The official who makes the management decision regarding the choice of a person to fill a position by any type of personnel action.
 

Selective Factors. These factors are KSAs which are essential for satisfactory performance on the job and represent an addition to the basic qualification standard for a position.
 

Skill. A present, observable competence to perform a learned psychomotor act (able to be seen, heard, or otherwise perceived by a person, other than the person performing the action.)
 

Subject Matter Expert. An employee at the same grade level or higher, than the job being rated, who has bona-fide knowledge of what it takes to do the job. This normally includes first line and other supervisors who have a current and thorough knowledge of the job requirements, and employees who are performing or have performed the same or very similar duties.
 

Transfer. The change of an employee, without a break in service of one full workday, from a position in one department/agency to a position in another department/agency.
 

Vacancy. A vacancy is an unencumbered position which management plans to fill.
 

SERVICING PERSONNEL OFFICES.  The SPO will:
 

Oversee the promotion plan and ensure fair and equitable application to all affected employees and positions.  The SPOs operate the plan for employees and positions under their appointing authority except that the Headquarters, Division of Human Resources (DHR) will also operate the plan for positions for which also operate the plan for positions for which selection authority is exercised by a Headquarters official even though an Area Personnel Office may have appointing authority over the position.
 

Provide technical assistance and guidance to management officials, supervisors, and employees on all promotion matters.
 

Assist management in locating qualified candidates.  Refer the best qualified candidates.  Refer the best qualified candidates to the selecting official within the framework of Indian Preference.
 

Assist subject matter experts in the job analysis and development of KSA crediting plans.
 

Keep candidates and supervisors informed of the status of pending actions.
 

Ensure that those who are assigned merit promotion administration responsibilities are properly trained to assume such responsibilities.
 

Consult with the selecting official when determining the area of consideration and whether to convene an ad hoc promotion panel.
 

Determine whether selective factors are appropriate and consistent.
 

Assure that Indian preference and merit principles and requirements have been applied before effecting an action to fill a position and take corrective action where appropriate when violations of these principles occur.
 

Evaluate all candidates to determine eligibility.
 

Maintain promotion records as shown in 7-2.13.
 

DIVISION OF HUMAN RESOURCES.  In addition to the responsibilities described in 7-2.2A above, the DHR will:
 

Develop, and when necessary, revise the IHS-wide merit promotion plan.
 

Provide technical assistance to SPOs on the administration of the merit promotion plan.
 

Oversee the evaluation of the administration of the merit promotion program in IHS.
 

MANAGERS, SUPERVISORS, AND/OR SELECTING OFFICIALS  Managers, supervisors, and/or selecting officials at all levels will:
 

Analyze staffing needs, keep the SPO informed of immediate and long-range human capital needs, assist SPO staff in identifying recruitment sources likely to yield high quality candidates, and initiate requests for personnel action in sufficient time for all required processing.
 

Provide appropriate performance counseling to employees and ensure that a timely performance appraisal is on file for each employee supervised.
 

Work with the SPO in developing and documenting selective factors and specific evaluation criteria for individual vacancies according to the nature of the position.
 

Participate with the SPO in determining area of consideration and whether to convene an ad hoc promotion panel.
 

Consider all appropriate information about employees certified to them for consideration before making selections in accordance with the requirements of this plan.
 

Apply the principles and requirements of this merit promotion plan, including the principles of equal employment opportunity and Indian preference, when filling a position; and be held accountable for actions that violate law, regulations, or applicable promotion plans.
 

EQUAL EMPLOYMENT OPPORTUNITY OFFICIALS.  Equal Employment Opportunity (EEO) officials must:
 

Become familiar with the provisions of the Merit Promotion and Excepted Service Examining Plans so that they may advise EEO counselors on the applicable procedures and provide employees and applicants with accurate information when concerns are raised.
 

Be consistent with Indian preference laws and regulations, assisting managers and the SPO in locating candidates from under-represented groups, as identified in the IHS EEO Affirmative Employment Plan and Federal Equal Opportunity Recruitment Program.
 

Bring to the SPOs' attention any questions raised by employees/applicants concerning the administration of the merit promotion plan.
 

Support the principle of EEO that prohibits employment discrimination based on age, race, color, religion, sex, national origin, disability, or sexual orientation.
 

EMPLOYEES.  Employees will:
 

Demonstrate that they have the KSAs and personal qualifications necessary to qualify for positions for which they desire consideration.
 

Submit the required completed forms within the time frames indicated on the vacancy announcements. Those claiming Indian preference must provide proof as shown in 7-2.6A(3).
 

Perform the duties of their current positions in a manner which shows that they are ready to be considered for advancement to more difficult work and greater responsibility.
 

When temporarily absent, on detail, on leave, at training courses, in military service, or on regular purpose Intergovernmental Personnel Act assignments, provide the SPO with a current application to ensure consideration for specific vacancies announced during their absence for occupations for which they wish consideration.
 

REQUIRED COMPETITIVE PROMOTION PROCEDURES.  Actions which must be processed through the competitive promotion procedures are:
 

Promotion of an employee within the Department except as noted in paragraph 7-2.3B below.
 

Reassignment or demotion to a position with more promotion potential than a position currently or previously held on a permanent basis in the competitive service or under Schedule A authorities 213.3112(a) (7) or 213.3116(b)(8) (except as permitted by reduction-in-force (RIF) regulations). Schedule A positions are positions for which it is not practicable to apply qualification standards and requirements used in the competitive civil service system and which are not of a confidential or policy determining nature.
 

Details for more than 120 days to:
 

A position at a higher grade, or
 

A position with known promotion potential beyond the known promotion potential of the position currently or previously held on a permanent basis in the competitive service under Schedule A authorities 213.3112(a)(7) or 213.3116(b)(8).
 

Selection for training which is given primarily to prepare an employee for advancement and is required for promotion (i.e., when eligibility for promotion depends on whether the employee has completed training.)
 

Time-limited (temporary) promotion of an employee expected to exceed a total of 120 days in a 12-month period (prior service under noncompetitive details to higher grade positions or noncompetitive temporary promotions, during the preceding 12 months, MUST be included in the calculation of the 120 days). If a temporary promotion which was expected to last less than 120 days was originally made as an exception to competitive procedures, any extensions beyond 120 days must be made under competitive procedures.  Time-limited promotions made under competitive procedures may be extended for up to 5 years. A time-limited promotion of an Indian employee effected under competitive procedures may be made permanent without further competition provided that the fact that it might become permanent was noted on the vacancy announcement.
 

Transfer or reinstatement to a higher graded position or to a position with known promotion potential higher than the potential of a position held at any time on a permanent basis in the competitive service or under Schedule A authorities 213.3112(a)(7)or 213.3116(b)(8).  For example, an employee is hired from a competitive examination as a GS-5 in a GS-5/7/9/11/12 career ladder. This employee is promoted to GS-9. He/she then accepts a demotion to GS-6 with no promotion potential. He/she leaves the Federal Government. The employee may be reinstated to a GS-9 position which has promotion potential to GS-12 because at one time he/she held a GS-9 with promotion potential to GS-12. He/she may not be reinstated to a GS-11 or to a GS-9 with promotion potential to GS-13 without competition. If he/she is not entitled to Indian preference, any reinstatement is subject to Indian preference rules.
 

In situations when Indian preference is waived under P.L. 96-135, the SPO must determine whether the action being effected requires competition under merit promotion procedures (e.g., Indian preference is waived to permit the reassignment of an individual whose relationship with the tribe has deteriorated but the new position has greater promotion potential than the employee's current position and the employee never held any other position with more potential than his or her current position. In such a case, merit promotion competition would be required.)
 

EXCEPTIONS.  The following actions do not require merit promotion competition and do not require clearing Indian preference.
 

The promotion of an employee in a position with known promotion potential up to the full performance level, provided and the following conditions are met:
 

The employee first entered the position by a competitive appointment, an Excepted Service Examining Plan appointment, or in accordance with merit promotion procedures, i.e., competed under a vacancy announcement which indicates the known promotion potential.
 

The employee meets all the qualifications and eligibility requirements on or before the effective date of the promotion.
 

Performance in the present grade is fully satisfactory and the employee has demonstrated the ability to perform satisfactorily at the next higher level.
 

The promotion has been recommended by the supervisor and approved by the selecting official.
 

The promotion action has been approved by the appointing authority.
 

When the incumbent of the position is promoted without significant change in responsibilities and duties (i.e., correction of a classification error or issuance of a new classification standard.)
 

A promotion resulting from an employee's position being reclassified at a higher grade as a result of additional duties and responsibilities that have evolved and grown into a higher grade position over a period of time (also known as accretion of duties.) For such promotions, the employee must continue to perform the same basic function in the upgraded position, with the former duties being absorbed into the revised duties, and meet minimum qualification and eligibility requirements for the position. The promotion must be approved by the SPO. (Normally this condition will not be met in actions where employees go from clerical or assistant positions to professional or administrative positions or where employees go from non-supervisory to supervisory positions. Noncompetitive promotion to a supervisory position may be appropriate when the individual already supervises one or two employees and the addition of more employees would result in a higher grade when the position is compared to the General Schedule Supervisory Guide.)
 

When the function(s) and incumbent(s) are moved from one geographic and/or organizational location to another without change in duties or responsibilities, e.g., transfer of function or realignment.
 

A career ladder promotion following noncompetitive conversion of a cooperative education student in accordance with the requirements of Executive Order 12015 and amended by Executive Order 13024.
 

Details to the same or lower grade [with no greater promotion potential than the employee's current position or any position held on a permanent basis in the competitive service or under Schedule A authorities 213.3112(a)(7) or 213.3116 (b)(8)] or to unclassified duties in increments of 120 days with no limit on the number of times the details may be renewed for persons entitled to Indian preference. For persons not entitled to Indian preference, renewal of details beyond 1 year must be approved by the SPO and a management official at a higher level than the official who approved the initial detail. Details must be made for sound management reasons and may not be used to circumvent Indian preference requirements.
 

Details of 120 days or less to a higher grade position or to a position with promotion potential beyond the potential of the employee's current position or the potential of any position held by the employee on a permanent basis in the competitive service or under Schedule A authorities 213.3112(a)(7) or 213.3116(b)(8).  Noncompetitive details to higher grade positions and noncompetitive temporary promotions during the prior 12 months count toward the 120 days. (Servicing Personnel Offices are cautioned to ensure that details are not effected for the purpose of circumventing Indian preference.)
 

A position change involving displacement effected under RIF regulations.
 

Re-employment of an individual under P.L. 93-638, Section 105(I) and implementing OPM regulations in Subpart G of 5 CFR 352.
 

A temporary appointment not to exceed 30 days, and one extension of 30 days, to meet documented special or emergency needs (within a 12-month period).
 

An employee is demoted or reassigned to a non-supervisory/non-managerial position because he/she did not satisfactorily complete a probationary period as a supervisor/manager.
 

An employee is demoted under 5 United States Code (U.S.C.) Chapter 43 (performance) or Chapter 75 (conduct).
 

Return of an employee from a temporary promotion to his or her former position.
 

Placement of an employee who has been removed from the Senior Executive Service for performance or conduct.
 

An employee is changed from employment in the civil service to employment in the PHS Commissioned Corps, or vice versa, but continues to perform the same job; i.e., carries out the same duties and/or responsibilities.

Note: Commissioned corps officers who wish to enter into the competitive service, and do not have any civil service status, must compete for a position through the competitive process.
 

Persons exercising restoration rights following military service and persons exercising restoration rights to their former position following recovery from an on-the-job injury within 1 year.
 

A placement necessary so that a P.L. 94-437 scholarship recipient can satisfy his or her service obligation.
 

EXCEPTIONS TO MERIT PROMOTION PROCEDURES.  Indian preference rules must be followed before exercising the following exceptions to merit promotion procedures. This means that vacancies must be announced unless there is an Indian preference candidate available or Indian preference has been waived under P.L.96-135.
 

temporary promotion for 120 days or less.
 

An action taken as a remedy for failure to receive proper consideration in a competitive promotion.  (See definition of priority promotion consideration in 7-2.1D(16).)
 

Reinstatement or transfer to a position of the same or lower grade with promotion potential that does not exceed the highest potential of any position held on a permanent basis in the competitive service or under Schedule A authorities 213.3112(a)(7) or 213.3116(b)(8).
 

Reassignment or demotion from one position to another having no higher promotion potential than the employee's current position or the potential of any position held on a permanent basis in the competitive service or under Schedule A authorities 213.3112(a)(7) or 213.3116(b)(8).  Noncompetitive movement may be made from one career ladder to another, provided the journey level of the career ladder to which the employee moves is no higher than the journey level of his or her current career ladder or any which he or she permanently held in the past in the competitive service or under Schedule A authorities 213.3112(a)(7) or 213.3116(b)(8).  The movement of an employee in retained grade status to another position at the level of the retained grade is like a reassignment and under the provisions of this paragraph, if no greater promotion potential is involved, it is permissible to effect the action without using promotion plan procedures.  The nature of action is called a "Position Change to Retained Grade," and the employee's retained grade entitlement is terminated.
 

Promotion of an employee up to and including the highest grade ever held on a permanent basis in the Federal Government under a competitive service appointment or under Schedule A authorities 213.3112(a)(7) or 213.3116(b)(8) provided that the employee was not downgraded for personal cause.
 

A temporary appointment not-to-exceed (NTE) 1 year provided the appointment is made in accordance with 5 CFR 316 and 333 and/or Part 7, Chapter 1, "Excepted Service Examining Plan," IHM, whichever is appropriate.
 

Reinstatement from the re-employment priority list.
 

Appointment via competitive examination or under excepted service appointment authorities in accordance with 5 CFR 213 and 302 and HHS Instruction 302-1. Some examples of the excepted service appointment authorities are:
 

Veterans readjustment appointments.
 

Appointments for the severely physically handicapped.
 

Appointments for the mentally retarded.
 

Appointments for those certified as mentally recovered.
 

SPECIAL ACTIONS. 
 

In most, but not all cases, a placement action of an employee by direction of OPM, or Merit Systems Protection Board (MSPB), and/or Equal Employment Opportunity Commission (EEOC), and/or other third parties, may be effected without regard to Indian preference or merit promotion procedures. These will be handled on a case-by-case basis because of the complexities of some of these cases. If a third party decision simply cancels an action such as a removal and returns an employee to his or her former position, that action may be effected. However, if a third party directs the movement of an employee into a new position without regard to Indian preference and/or merit promotion, the SPO should contact the DHR to determine whether the decision should be appealed. Settlement agreements never provide an authority to violate Indian preference. and only in rare cases may they be implemented as exceptions to merit promotion procedures. A settlement agreement which simply cancels an action such as a removal and restores an employee to his or her former position without any change does not violate Indian preference or merit promotion requirements.
 

Appointment of temporary Indian preference employees to new temporary appointments at the same grade or at a higher grade level, if the initial announcement included the higher grade level and the employee was within reach at the higher grade level at that time. These appointments may be effected without further competition.
 

SPECIAL NOTES. 
 

The above provisions which permit actions to be taken on the basis of a grade formerly held or the promotion potential of a position formerly held only apply if the employee did not leave the position in question for cause, i.e., performance or conduct reasons.
 

Nothing in this plan which permits a position to be filled without being announced overrides the career transition regulations or an IHS placement program for surplus or displaced employees that may require a position to be announced.
 

The SPO is responsible for determining the area of consideration for all vacancies covered by this plan.  Such determination will be made in consultation with the selecting official.

 

MINIMUM AREAS OF CONSIDERATION
 

For positions GS-8 and below and Wage Grade (WG) equivalent, IHS-wide. (Note, WG equivalents are determined by using representative rates, see 5 CFR 351.)
 

For positions GS-9 and above and WG equivalents, HHS-wide, government-wide, or all sources as determined by the SPO.
 

EXPANDING MINIMUM AREAS OF CONSIDERATION.  The minimum area of consideration may be expanded at any time.
 

REDUCED AREAS OF CONSIDERATION.  An area of consideration smaller than the minimum area is permitted under any of the following circumstances:
 

A higher grade position is established as a result of a realignment of duties within an organizational unit with no provision for an increase in the number of employees in the unit.
 

Details to higher grade positions or temporary promotions are made under circumstances where consideration of employees outside of a special area is impractical.
 

Hiring freeze or ceiling restrictions.
 

Management determines in advance of the announcement that there is likely to be an adequate number of qualified applicants in the local commuting area.
 

The reason for the establishment of a reduced area of consideration must be documented on the vacancy announcement as well as the fact that outside non-Indian preference candidates will not be considered when using special areas of consideration. When qualified Indian preference candidates apply, however, they MUST be considered regardless of the reduced area of consideration, if there ^{are no} qualified Indian preference applicants ^{from within the area of} consideration. Vacancy announcements must be distributed as if there were no restriction. For example, even though a vacancy announcement for a GS-09 position limits the area of consideration to the local commuting area, the vacancy announcement must still be distributed nationwide.
 

RELOCATION EXPENSES.  Management is responsible for determining whether or not relocation expenses must be paid for all vacancies covered by this plan.
 

If positions are announced with an area of consideration beyond the local commuting area and an applicant from outside the local commuting area is selected, then IHS is obligated to pay relocation expenses.
 

If management determines in advance that there are likely to be sufficient applicants in the commuting area and limits the area of consideration to the local commuting area, relocation expenses do not have to be paid except under the following circumstances:
 

When a is announced in a local commuting area and there are no Indian preference eligible applicants from the local commuting area, then management must pay relocation expenses for Indian preference eligible applicants selected from outside the local commuting area.
 

If there are qualified Indian preference candidates within the local commuting area and management selects an Indian preference eligible candidate from outside the commuting area, management must decide whether the relocation is primarily in the interest of the candidate or primarily in the interest of the Government. If the relocation is primarily in the interest of the Government, relocation expenses must be paid.
 

Vacancy announcements where the area of consideration is restricted to the local commuting area must include the following statement regarding payment of relocation expenses: "Relocation expenses will not be paid. Employees who wish to relocate to (location) for their own ^{benefit may} apply. ^{If there are no Indian} preference eligible candidates within the commuting area and an Indian preference candidate is selected from outside the commuting area, relocation costs will be paid."
 

The lack of funds cannot be a basis for not paying relocation expenses if the conditions for paying them are otherwise met.
 

UNENCUMBERED POSITIONS.  A vacancy announcement for unencumbered positions which management plans to fill will be issued under the authority of the SPO.  Applications will be accepted from outside Indian preference candidates at the same time a vacancy announcement is distributed to all offices within the minimum area of consideration.
 

TIME FRAMES.  The time frames for how long vacancy announcements will be open are as follows:
 

For a minimum of 5 working days for positions for which the area of consideration is in the local commuting area-wide or less.
 

For a minimum of 10 working days for positions for which the area of consideration is larger than the commuting area but not IHS-wide.
 

For a minimum of 15 working days when the area of consideration is IHS-wide, and beyond (HHS-wide, government-wide, or all sources.)
 

RECURRING POSITIONS.  For positions with recurring need to fill, the SPO may issue vacancy announcements which will remain open on a continuous basis and may be used to fill vacancies as they occur. These announcements will be posted continuously during the open period throughout the area of consideration and will contain a statement that all interested and qualified employees may file applications for consideration for any of these positions until the closing date of the announcement or until cancelled, whichever occurs first.
 

OPEN UNTIL FILLED.  Announcements may also be issued on an "opened until filled" basis. The SPO is responsible for assuring that objective criteria are established at the onset for determining when these announcements will be closed (e.g., applications from a specific number of candidates received.) Personnel offices must also document the date on which the announcement is closed.
 

AREA OF CONSIDERATION. As a general rule, HHS employees from outside the area of consideration may apply and be considered under a vacancy announcement even though candidates have not been sought from outside the minimum area of consideration. They will receive the same consideration as those from employees who apply from within the area of consideration except in situations where such applications will not be accepted because of a reduced area of consideration.
 

ADDITIONAL SELECTIONS.  Additional selections of candidates may be made from a promotion certificate within 90 days from the date the selection certificate was issued. The positions to be filled must have the same title, series, and grade, be in the same geographic location, and have the same qualification requirements. However, if there are no qualified Indian preference candidates left on the certificate, the vacancy must be re-announced.
 

SELECTION DECISIONS.  Selecting officials may decide not to make a selection from the certificate of candidates presented for consideration. A decision, for example, may be made not to fill the position at that time, to cancel or abolish the position, or to re-advertise the position in an effort to identify additional candidates. Such decisions must, of course, be for sound management purposes and not to circumvent the spirit or letter of the Indian preference requirement. A position may not be re-advertised for 120 days from the date the certificate was issued if there were three or more qualified and available Indian candidates identified through the prior announcement.
 

Any exceptions to this provision must be justified in writing by the selecting official, and approved by the Area Director, (or Director, IHS, in situations in which the Area Director and selecting official are the same, and for other components), or that person's designee.
 

VACANCY ANNOUNCEMENT SPECIFICATIONS.  Vacancy announcements will specify the following information:
 

Tile, series, and grade of the position to be filled.
 

A brief summary of the responsibilities and duties.
 

Area of consideration and reason for special areas, when applicable.
 

Qualification requirements (including quality of experience, when applicable.
 

Time-in-grade requirements.
 

Application procedures.
 

Evaluation methods.
 

Equal employment opportunity statement.
 

Indian preference statement.
 

A statement regarding any known promotion potential.
 

Organizational designation of the position.
 

Duty station.
 

Conditions of employment including: temporary if not permanent tour of duty, if part-time or intermittent, or other than normal working hours; frequent travel or percentage of time spent in travel, etc.
 

Opening and closing dates for applying.
 

If the position is supervisory or managerial, a statement regarding the requirement for a probationary period for first-time supervisors/mangers in the competitive service.
 

Payment or non-payment of relocation expenses.
 

A statement that commissioned officers may indicate an interest in being considered within the commissioned corps by submitting a resume' or curriculum vitae to the SPO.  The statement should also indicate that it is up to the officer to submit sufficient information, as stated in the vacancy announcement to permit the SPO to determine whether he or she meets qualification requirements including any selective factors.
 

A statement that additional or alternate selections may be made within 90 days of the date the selection certificate was issued if the position becomes vacant or to fill an identical additional position in the same geographic location.
 

A statement indicating that smoking is not allowed in IHS facilities.
 

If applicable, a statement indicating that the placement in the position requires a negative drug testing result and that the incumbents of the position are subject to random drug testing.
 

A statement specifying that only material received (or postmarked) by the closing date will be considered.  The announcement must clearly indicate whether the material must actually be received or whether the postmark is being used.  If the postmark is used, the announcement should also state the number of days following the closing date which will be allowed, e.g., material postmarked on the closing date and received within 5 calendar days will be accepted.  The announcement must also indicate whether or not applications may be submitted by FAX or e-mail.
 

If applicable, a statement that the position is covered by P.L. 101-630, the Indian Child Protection and Family Violence Prevention Act, and that persons convicted of crimes enumerated in the law are not eligible for the position.  Applicants for covered child care positions must submit the required information about any criminal background.
 

A statement that veterans eligible for appointment under special appointing authorities may apply.  [The Veterans Employment Act of 1998 requires all Agencies to include the following statement on all Merit Promotion announcements:  "Veterans who are preference eligibles or who have been separated from the armed forces under honorable conditions after 3 years or more of continuous active service may apply."]
 

If applicable, if the position requires clinical privileges, a statement must be included that, "the selected individual is required to obtain and maintain medical staff clinical privileges.  If privileges are not obtained or maintained during employment, the employee may be subject to adverse actions, up to and including removal from the Federal service."
 

A statement that "the Indian Health Service 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 IHS SPO (name and telephone number of contact.)  The decision on granting reasonable accommodation will be on a case-by-case basis."
 

If applicable, a statement that the employee may be required to be on an on-call status or confined to a designated location for stand-by purposes.
 

If applicable, a statement indicating that employees placed in the position will be subject to immunization requirements as determined by the IHS.
 

IN-LIEU OF VACANCY ANNOUNCEMENTS.  In lieu of vacancy announcements, the SPO may elect to use a skills file approach by which all the applicants in the area of consideration are rated for a particular position based on the material on file with the personnel office, i.e., the Official Personnel File (OPF). This approach might be practical where the area of consideration has been reduced or for positions where there are very few qualified employees. It may not be used if there are no qualified Indian preference employees. If the SPO decides to use this approach, it should issue periodic reminders to employees that they can update their OPF or other materials on file with the SPO.
 

REQUIRED COMPLETED FORMS.  All employees must submit the following completed forms to the SPO listed on the vacancy announcement:
 

A resume' or other application. Applicants may not be required to complete a specific application form, but the vacancy announcement must specify the information that applicants must provide.
 

A current performance appraisal, if available. (See 7-2.8C)
 

Employees claiming Indian preference must submit with the employment application, a copy of the Bureau of Indian Affairs (BIA) form, BIA-4432,"Verification of Indian Preference for Employment in Bureau of Indian Affairs and Indian Health Service Only." This requirement may be waived at the discretion of the SPO for Indian preference eligibles currently employed within the organization serviced by the SPO producing the announcement, provided proof is on file in the employee's OPF, and that fact is so stated on the resume' or application. Once the SPO decides to require the form or to waive it, it must be a uniform policy.
 

As required by the SPO, to obtain educational credit, employees must submit a college transcript, diploma, certificate of achievement, or other appropriate proof of educational attainment.
 

EMPLOYEES WHO ARE TEMPORARILY ABSENT.  See 7-2.2E(4) for instructions covering those employees who are temporarily absent.
 

RECEIPT AND POSTMARK.  Only material associated with the application that is received or postmarked by the closing date will be considered. For example, if the position being filled has a positive education requirement, and an applicant claims to have such education, but does not submit proof as shown above with his/her application, he/she cannot be considered qualified. Similarly, unless the SPO has waived the requirement for proof of Indian preference, as shown in 7-2.6A(3), above for its serviced employees, if an Indian preference candidate applies and does not submit this proof at the time of application, he/she is considered a non-preference eligible for that vacancy.
 

CLOSING DATE.  The closing date of an announcement may be extended, at the discretion of the SPO for acceptance of applications from interested individuals in specific locations when, due to circumstances beyond their control, they were unable to get their applications to the SPO within 30 days of the closing date of the announcement. An example of a circumstance beyond the control of the applicant is the delayed receipt of the announcement by the addressee organization(s) which would so shorten the timeframe for applying as to preclude receipt of applications (in the SPO) from the affected location(s) by the originally specified closing date. The Personnel Officer must obtain appropriate assurances from the responsible official(s) in the addressee organization(s) that circumstances beyond the control of applicants at the location existed. The Personnel Officer then may extend the closing date of the announcement at only the affected location(s) or at all locations. Whatever the decision of the Personnel Officer is, it must be documented in writing and be made a part of the records in the vacancy announcement file.  Failure of the applicant/employee to submit a timely application due to his/her absence whether on leave or vacation will not be considered a circumstance beyond his/her control.
 

Proof of U.S. citizenship is required for appointment to the IHS.  Candidates must meet time-after-competitive appointment, time-in-grade (if applicable), qualification requirements, licensure requirements, performance requirements, citizenship and suitability requirements, and any other eligibility requirements within 30 days of the closing date of the vacancy announcement.  For open continuous announcements, these requirements must be met on or before the cut-off date for receipt of applications for a specific position(s).  These requirements apply to both the competitive and excepted service candidates.  If the SPO elects to use a skills file approach described in 7-2.5I, he/she must establish and document a cut-off date by which requirements must be met.

If an individual is considered for a position, but prior to appointment, information becomes available that would have disqualified him or her, he or she loses any entitlement for appointment.  For example, an employee is tentatively selected for a position involving contact with children, and the Agency determines that he or she was convicted of a crime covered by P.L. 101-630, he or she may not be appointed and is to be eliminated from any further consideration for that position.

 

TIME-AFTER-COMPETITIVE APPOINTMENT.  Time-after-competitive appointment as specified in 5 CFR 330.
 

TIME-IN-GRADE REQUIREMENTS.  Time-in-grade requirements as specified in 5 CFR 300 and HHS Personnel Instruction 302-1.
 

MINIMUM QUALIFICATION STANDARDS.  Minimum qualification standards, including a description of the quality of experience, where appropriate, and as prescribed by the OPM or HHS (the Preston Standards), will be used in filling positions under the provisions of this plan. These are described in 7-2.1D(13) and 7-2.1D(15).
 

SELECTIVE FACTORS.  When required, appropriate selective factors may also be used. Whenever selective factors are determined to be essential to satisfactory job performance, such factors will be jointly developed by the selecting official with input from the immediate supervisor and the Human Resources Specialist and approved by the SPO. These factors will constitute part of the minimum requirement for the position and will be stated on the vacancy announcement. Once approved, the selective factors must be used each time the position is filled (unless the job changes materially or it is determined that the selective factor was originally used in error.) Examples of essential selective factors are the ability to speak, read, and/or write in a language other than English, the knowledge or ability pertaining to a certain program or mission when these cannot readily be acquired after selection, or the proven ability in a functional area (e.g., ability to evaluate alternative automated data processing systems, etc.)
 

MODIFICATION.  A qualification standard may not be modified after the merit promotion process is underway unless: A n inappropriate standard has been used through error or the OPM has issued a revised standard. If the modification is due to, "an inappropriate standard has been used through error," the change in the qualification standard must receive prior approval of the SPO or (his/her) designee. When the standard has been appropriately modified, the process for filling the vacancy must be reinitiated and all employees eligible under the modified standard shall be considered. The reason for modifying a qualification standard must be documented and maintained as part of the merit promotion records.

Qualification standards in the excepted service may be waived in accordance with HHS Instruction 302-1.  Agencies are permitted to modify qualification standards except for positive education requirements for in-service placement actions in the competitive and excepted service.  In the IHS, this is only permitted for actions which do not require the application of competitive promotion procedures, and may be used only for individuals entitled to Indian Preference.

Nothing in this plan affects IHS' authority to waive qualification requirements in a RIF as permitted by 5 CFR 351 and HHS Instruction 351-1.
 

LICENSURE.  Requirements of the PHS on licensure of health care providers, or any succeeding IHS policy, are included as a part of the qualifications standard for each of the covered positions.  If the Preston Standards are different from the licensure policy, the Preston Standards take precedence, even if an Indian applicant who meets the Preston Standards does not meet the licensure policy, the applicant is qualified for the position.
 

PERFORMANCE APPRAISAL.  In some situations an employee's performance appraisal can be used to determine that he or she is not qualified for a position even though it first appears that he or she has the required experience and training.  If an employee or applicant has failed a critical element for a position being filled, he or she is not qualified for the position being filled.  However, if subsequent to the failure on the critical element, the employee or applicant has demonstrated through other experience that he or she is now capable of performing at an acceptable level on the critical element, he or she must be found qualified.  For example, a nurse failed a critical element 5 years ago and has no new opportunities to perform in a nursing position, he or she should be found not to be qualified for a nursing position with a comparable critical element.  On the other hand, if during those 5 years, he or she has performed successfully in several nursing positions whether they were in IHS or not, he or she should be found qualified assuming that they had similar requirements to the position being filled. [Note: Failure means performing at the unacceptable level. In a two level system, it would be the unacceptable level.]
 

CITIZENSHIP.  Proof of U.S. citizenship is required for an appointment to the IHS. The Director, IHS, may grant an exception to this policy for appointments to excepted positions, provided that the current appropriations act permits IHS to pay citizens from the country where the applicant is from. If the only available applicant is a non-citizen, an exception must be requested or the position will have to remain vacant.
 

OTHER ELIGIBILITY REQUIREMENTS.  There may be other eligibility requirements which applicants must meet in addition to the qualification requirements. For example, P.L. 101-630 and P.L. 101-647, the Crime Control Act of 1990, provides that individuals convicted of certain crimes, or any of 2 or more misdemeanor offenses involving certain crimes of violence, are not eligible for positions involving regular contact with children. Thus, even though an applicant convicted of such a crime may have the experience and training required by the qualification standards, he or she is not eligible for consideration or appointment.
 

SUITABILITY.  An employee or an applicant is considered suitable for Federal employment if there is no information available concerning conduct that could reasonably be expected to interfere with the Agency's ability to discharge its responsibilities. Suitability determinations are governed by 5 CFR 731, HHS and IHS instructions, case law, and other requirements.
 

EVALUATION REQUIREMENTS.  Except as provided in 7-2.9A, candidates identified as meeting the legal and regulatory requirements will be evaluated by an ad hoc promotion panel or by a personnel staff member against the KSAs needed for successful job performance to determine the degree to which the candidates' experience, education, training, performance appraisal, special achievements, awards, or outside activities exceed the minimum requirements and/or give evidence that they possess the KSAs identified by a job analysis.  The evaluation method, which meets OPM requirements, is found in Manual Exhibit 7-2-B.
 

AD HOC PROMOTION PANEL.  If the SPO/selecting official determine that an ad hoc promotion panel will be used, the following procedures apply:
 

The composition of promotion panels will be determined by the SPO with advice and guidance from selecting officials.  Panels will normally consist of at least two voting members.  Insofar as possible, panel membership should include diverse representation.  A representative of the SPO will provide advice and assistance.  The selecting official will not serve as a panel member.
 

The panel members must have a working knowledge of the position being filled.  Where practicable, at least one member should be a representative from a different organizational segment than that supervised by the selecting official.
 

The SPO will provide any necessary training on evaluation methods, procedures, and regulatory requirements.
 

Candidates will be ranked according to their numerical score.  When panels are used, the total points assigned to the candidates by individual panel members will be added together and averaged to arrive at a point score for each candidate.
 

PERFORMANCE APPRAISALS.  Performance appraisals will be used in accordance with IHS/HHS policy or manual issuances in existence at the time the vacancy is announced.
 

PRIORITY CONSIDERATION CANDIDATES.  The following must be considered before issuing the vacancy announcement (or in the case of open-continuous announcements, before issuing the Certificate of Eligibles);
 

Indian preference does not apply in the placement of a P.L. 94-437 scholarship recipient, who must be placed to fulfill their service obligation.
 

Indian preference candidates entitled to priority consideration must be referred to the selecting official.  (Only one such consideration is authorized for each consideration previously lost).
 

Non-Indian preference candidates entitled to priority consideration can only be referred after a vacancy announcement has been issued and no Indian preference candidates are found qualified.  (Only one such consideration is authorized for each consideration previously lost.)

Priority consideration does not provide a selection entitlement, it does mean that the employee must be given bona-fide consideration by the selecting official before other candidates are sought through the promotion plan process. The employee is not required to compete with other employees for promotion and his/her selection will be processed as an exception to promotion plan requirements.
 

NON-INDIAN PREFERENCE CANDIDATES.  When the applicant pool includes qualified Indian and non-Indian applicants, the non-Indian candidates will not be rated. Instead, they should be notified that their applications could not be considered because of Indian preference requirements.
 

RANKED CANDIDATES.  Based on the results of the promotion panel, the top scoring candidates are certified as best qualified and referred to the selecting official.
 

COMMISSIONED CORPS CANDIDATES.  When commissioned corps candidates apply for specific vacancies, they will be evaluated as follows. Indian candidates will be evaluated by the SPO against the Preston Standard, the billet qualifications, or the OPM standard if no Preston Standard exists. If they are found to be qualified, they may be referred to the selecting official. If one is selected, the action will be referred to the Division of Commissioned Personnel (DCP) for final processing. If no Indian candidates are located for the vacancy by any means, non-Indian officers will have their qualifications evaluated by the SPO against the qualification requirements of the billet and referred to the selecting official for consideration.

Note: Regardless of which standard is used, commissioned corps officers must meet any selective factors established for the position. It is up to the officer to submit sufficient information to permit the SPO to determine whether he or she meets the qualification requirements including selective factors. 

When officers are referred to the selecting official, they are identified as "Referral for Consideration Under the Commissioned Corps Personnel System," listing the candidates by name (in alphabetical order), category, rank, title of present billet, and organizational location. If selected, a completed form 1662, "Request for Personnel Action," will be sent by the SPO to the DCP.

If the qualifications determination by the SPO is questioned by the selecting official or program, the selecting official or program may request that the SPO ask the Commissioned Personnel Support Team, DHR, Office of Management Support, IHS, for a determination with regard to qualifying a commissioned officer for a particular position.

In addition to those commissioned corps applicants who may have applied to the SPO for a position, a program or selecting official may request that the DCP refer officers who have expressed an interest in the area where the position is located.
 

OTHER CANDIDATES.  Other sources of candidates include:
 

Excepted Service Examining Plan Eligibles and/or Competitive Service Eligibles will be referred in accordance with the Excepted Service Examining Plan or competitive examining procedures.
 

Other applicants not rated and ranked who wish to be considered for reassignment or change to lower grade will be referred together with those eligible for reinstatement and those who may be placed under special appointment procedures, such as persons with a disability or VRA, etc.
 

INDIAN PREFERENCE.  A selecting official may not select a non-Indian preference candidate where at least one Indian preference candidate from any source was considered qualified. The only valid reason for permitting non-selection of a person designated as an Indian preference eligible is a determination that the individual is, in fact, ineligible for preference, not qualified or eligible for the position, or not suitable for employment in the position to be filled, or other reasons indicated in Part 7, Chapter 3, "Indian Preference," IHM, or succeeding instructions.
 

PUBLIC LAW 94-437 SCHOLARSHIP RECIPIENTS.  Indian Health Service scholarship recipients who have completed the necessary requirements for a health profession degree in accordance with their academic institution and under the Indian Health Care Improvement Act (IHCIA) will receive highest priority placement consideration for available vacancies within the IHS. This policy reaffirms the IHS commitment to fully recognize the continuing health care needs among AI/AN people and to make use of the professionally trained health care providers upon completion of their scholarship program. Within  the context of this policy, bona-fide employment consideration will be given to IHCIA scholarship recipients for positions in the health profession disciplines for which they are trained and qualified.  Any IHCIA scholarship recipient may be placed without regard to any competitive personnel system, agency personnel limitation, or Indian preference policy.
 

NON-MERIT FACTORS.  The selecting official may select or non-select from among the candidates referred on the Certificate of Eligibles. (See Manual Exhibit 7-2-F.)

However, the selection will be made without regard to any non-merit factors. These include such factors as: race, color, sex, national origin, non-disqualifying physical handicap, marital status, age, or political, religious, or labor organization affiliation or non-affiliation. Non-merit factors do not include rights extended under the "Indian Reorganization Act" with regards to Indian preference.
 

SOURCES OF SELECTION.  Selections may be made from a variety of sources as long as Indian preference requirements are met, e.g., a candidate for promotion, reassignment, transfer, or reinstatement when the action is excepted from competitive promotion procedures, a commissioned corps officer referred through DCP; a list of candidates who have been reached for certification and selection from a competitive examination and available for appointment; or a candidate (person with a disability, VRA, etc.) available through a special appointment authority.
 

PLACEMENT CONSIDERATION.  Employees entitled to placement consideration under the provisions of HHS Personnel Instruction 335-2 (Placement program for employees on retained grade or pay), and in accordance with Indian preference requirements, and who are among the best qualified for a particular vacancy at the level of their retained grade, must be selected in preference to other employees whose names appear on the best qualified list, unless an exception is granted in accordance with guidelines of HHS Personnel Instruction 335-2 or succeeding instructions.

[Note:  The HHS gave the Operating Divisions of the Department the option to continue using Instruction 335-2 or to develop their own procedures to place employees on retained grade.  The IHS has chosen to continue following the procedures in Instruction 335-2.]
 

DECISION TO FILL.  The selecting official may decide not to fill the position as announced or to fill it at a later date.
 

INTERVIEWS.  Interviews are not required, but selecting officials are encouraged to interview, whenever feasible, all candidates who are referred.
 

VOID CERTIFICATE.  If a selection is not made from among the promotion candidates within 30 calendar days after the date the Certificate of Eligibles was issued, the certificate will become void unless the SPO extends the expiration date.
 

ADDITIONAL OR ALTERNATIVE SELECTION.  Additional or alternate selections may be made within 90 days of the date the Certificate of Eligibles was issued, provided the positions to be filled have the same title, series, grade, are in the same geographic location as the position announced, and have the same qualification requirements.
 

ADVERTISED AT MORE THAN ONE GRADE LEVEL.  If a position is advertised at more than one grade level, selection may be made at any level providing there is compliance with the Indian preference policy in the selection process. A non-Indian may not be referred or selected at one grade level if there is a qualified Indian available at any one of the grade levels advertised.
 

LESS THAN SATISFACTORY PERFORMANCE SELECTION.  Selection of an employee whose performance appraisal is less than fully satisfactory is not prohibited, but selecting officials should make such selections with extreme care. (See 7-2.7G for a discussion of the relationship between unsatisfactory performance appraisals and qualifications determinations.)
 

REFERENCE CHECKS.  The selecting official does not have to document the reason for selection or non-selection, but must document reference checks on the selected applicant. (See Supervisor's Guide for Conducting Reference Checks-issued 1991.)
 

Official requests for the job offer and for the release of employees selected for positions will be made only by the SPO. The employees selected should be released in 2 weeks, or at the end of the first full pay period after a release date has been officially requested unless a later date is agreed to by the gaining organization. A delay in releasing an employee is not a basis for granting a retroactive promotion.

 

Applicants determined not eligible for consideration (i.e., failure to meet qualifications, suitability, time-in-grade, area of consideration, time-after-competitive-appointment requirements, etc.) will be advised of the reasons they were not considered. Eligible candidates who are not selected will be notified at the time a selection is made. If the decision is made not to fill the position as advertised at the present time, candidates will be advised of this decision at the time it is made.

 

PROMOTION FILES.  Promotion files will be maintained for 2 years from the effective date of the personnel action in such a manner that all actions taken may be reconstructed. If the SPO is aware that an EEO complaint, grievance, or other litigation is pending, the file will be maintained until the issue is resolved even if this is longer than 2 years. As a minimum, the promotion file must contain the following information:
 

Position description.
 

Copy of Recruit SF-52, Request for Personnel Action.
 

Documentation (if appropriate) regarding:
 

Limited area of consideration.
 

Selective factor(s).
 

Annotation of the crediting plan used.
 

Vacancy announcement and any amendments issued.
 

List of applications received.  Manual Exhibit 7-2-A.)
 

Priority consideration documentation (if appropriate).
 

Applications of all candidates (including selectee).
 

Employees' performance appraisals.
 

Evaluation forms showing the rating and ranking of each candidate.  (Manual Exhibit 7-2-C, 7-2-D, and 7-2-E)
 

Certificate of Eligibles showing the names of candidates who are in the group from which selection was made, the name of the selectee and the signature of the selecting official. (Manual Exhibit 7-2-F)
 

Merit Promotion File Checklist (Manual Exhibit 7-2-G)
 

CREDITING PLANS.  Crediting plans must be kept in a locked file cabinet. They should be maintained until revised or replaced. Crediting plans are considered to be examining material, and in most cases they may not be released because their release could give applicants who see them an unfair advantage over other applicants.
 

MERIT PROMOTION RECORDS.  Promotion records will be safeguarded and released only to authorized persons. When sent to other SPOs or authorized persons, they must be placed in a sealed envelope marked "Personnel - Confidential" and "To be opened by addressee only."
 

The DHR will evaluate the overall effectiveness of the IHS Merit Promotion Program.  The SPOs will evaluate the operation of the program under their jurisdiction and will welcome suggestions for program improvement from all levels of management and employees.

 

APPLICANT'S INFORMATION.  Applicants for specific vacancies are entitled to know:
 

Whether or not they meet the minimum qualifications for consideration.
 

Whether or not they rank in the group from which final selection is made.
 

Who was selected and whether the selectee is Indian or non-Indian.
 

ADDITIONAL INFORMATION.  In addition to the above, upon request, the SPO will provide information about the number of total points they received and how many were necessary to be referred on the promotion certificate. A candidate may also ask their supervisor in what areas they could improve in order to increase their chances for future promotion.
 

EMPLOYEES.  An employee is entitled to see, upon request, any supervisory appraisal used in considering him or her for a particular vacancy. An employee is not entitled to see appraisals of other applicants. The merit promotion plan will be made available to all employees upon request.
 

Employees should contact their supervisors and/or personnel staff member when they have any questions or complaints regarding either the merit promotion program in general or a particular promotion action for which they applied.

In the event the employee is dissatisfied or has a complaint that cannot be resolved on an informal basis, he or she may file a grievance under the IHS administrative grievance procedures or, if covered by a negotiated agreement, he/she must use the negotiated grievance procedures in filing such a complaint. Please refer to the applicable grievance procedures to determine if a complaint may or may not be filed using these procedures.

If an employee believes that merit promotion procedures were not followed and the reason is because of race, color, religion, sex, sexual orientation, age, national origin, disability, or reprisal the employee may file a discrimination complaint under 29 CFR 1614 and HHS and IHS implementing instructions and procedures. Commissioned corps officers must follow the appropriate EEO complaint procedures as found in the Commissioned Corps Personnel Manual Instruction 6 , Sub-chapter cc 26.1, "Equal Opportunity: Discrimination Complaints Processing."

Under the Whistleblower Protection Act, some actions alleging prohibited personnel practices must first be appealed to the Office of Special Counsel. Some actions may be appealed to the MSPB. Information regarding these actions may be obtained from the IHS SPO.