Interagency Agreement

A.
B.
D.
E.

Attachtnent A

to

,

~

INTERAGENCY

I

AGREEMENT

Interagency

Agreement Number JOOA-l
between the
Office
of Personnel
Management (OPM)
and the
Department of Agriculture
(CIOA)

This

document

or. examininq

services,
Ie

is

a two-part

authority

between

agreement

I and

the

which

an agreement

contains

a delegation

jEor reimb\lrsable

above-named parties.

THE DELEGA~ION AGREEMENT

AUTHORITY
Under the provision
of 5 U.S.C. S 1104, as amemded by P.L.No.
104-52 (1995),
this Delegation
Agreement authorizes
the DOA
to examine applicants
for the positions
indicated.
Any authority
delegated
under this
agreement can not be contracteld
out to

private

or commercial enterprises.

POSITrONS COVERED

\/'
Law

All
Judge

c.

EFFECTIVE DATE OF THE AGREEMENT
This

series
and
positions.

agreement

grade

will

levels

becoma

nationwide

effective

except

upo:n

Administrati~~e

execution

by

bothparties.

APPLICABLE LAWS AND REGULATIONS
All
exaIl\ining
activities
conform with
the requirements
and of any applicable
court

RESPONSIBILITIES

""'-"/

initiated
of Federal
orders.

under this
agreement
must
J.aws, rules,
regulations

OF THE PARTIES

The responsibilities
of the DCA and CPM 111nder this
agreement
are set forth
herein
and constitute
the entire
agreement
between
the parties.
The responsibilities
may be met :in the followingways:
the DCA carries
out its
examining
activ:ities
through
one or
more Delegated
Examining
units
(hereinafter
rlecferred
to as DEUs),
and/or
the DOA contracts
with
OPM to carry
ou'c its
examin~nq
activities.
In other
words,
the DCA may carr~r out all
its
examining
activities
itself,
contract
wit.h OPJ:-1to carry
out. all
its
examining
activities,
or carry
out some e:Kamininq
activities

1.
b.
c.
d.
(i)

through

its

DEU(s)

and contract

with

OPM to perforIn

examining

activities.

The DOA recognizes

obligated

to,

with

contract

on a reimbursable
u.s.c.
§ 1304(e)

thalt

OPM to provide

basis.
Authorities
for
(1) and 31 U.S.C.
§ 1535.

it

other
Inay,

e):amining

but.

is

not

activities

suc:h an c~greeme.nt

are

5

OPMResQonsibilities
OPMshall:

a.

Provide

operating

assistance,

guidelines

to the

Perform
initial
recertification
this
delegation

and balsic

extent

possible,

tE~chnical

if

rE~quested

certification
and ~.eriodic
of DEUs.
OPM may s:uspenci or
if certification
requirel1:1ents

revoke
are notmet.

Provide
job seekers
wi th up-to-date~
infol~mation
about
job opportunities
and application
I='rocedllres
through

the

government-wide

systems--the

system,

the

computer

America

Federal

bulletin

Information
Make final

automated

Career

Job Opportunities
board,

Computer
decisions

Adverse

emplc.yment
Connect:ion

and. the

touch

screen

Bo2lrd (FJOB)

Fe!deral

Job

](~iosk.

on:

suitability

determinations,

d~legated
to the head of the
adjudicate
such determinations,
OPM's suitability
regulations

~.

unless

OPM has

CIOA aut:hor i ty to
in slccordance
with
at 5 C:FR Part 731 ~

(ii)

All
adverse
eligibles.

(iii)

All objections
based on qualifications
which would
result
in the passover of a compensaLble (CP)
eligible
with a disability
of 30% or more.
(5 U.S.c.

e.

information

te~lephol1e

medical
determinations
(S CFR § 339.306)

of

preference

§ 3318)

Establish
and maintain
an oversight
program to ensure
that activities
under any authority
delegrated under 5
U.S.C. § 1104(a) are in accordance with t~he merit
systelIl principles
and the standards
established
under 5U.S.C.
§ 1104(b) (1) and support mission a~ccomplishment.
Any actions
contrary
to any law, rule,
re~gulation,
or
any OPM established
standard shall
be co1:'rected as
required
by OPM. (5 U.S.C. § 11O4(c»

2

b.

2.

tv

Agenc~_Res~onsibilities

The DCAshall:

a.

Ensure adequate competition
for positions
in the
competitive
service
by recruiting
adequate numbers
of well-qualified
candidates
for consideration.
(i) (a) Provide PUblic notice
of the opportunity
to
compete.
As required
under 5 U.s.C.
§§ 3327 and
3330, all jobs must be listed
in the Federal Jobs
Data Base. Jobs, with complete text
vacancy
announcements,
should be entered directly
into the
data base through the data entry program available
on the Federal Job Opportunit.ies
Board (FJOB).
Entry of jobs in OPM's Federal Jobs Data Base
fulfills
the requirement
to notify
State
Employment
electronically
Employment

Services
offices
of the vacancy.
transmits
this
information
to
offices
nationwide.

OPM
state

(i) (b) Determinations
of appropriate
public
notice
areas and length of open periods
for receipt
of
applications
are made by considering
the nature of
the positions
covered by the examination,
their
career potential,
and the mobility/availability
characteristics
of the appropriate
:labor market.
However, announcement open periods
must be for a
minimum of five business days with applications
being accepted based on their
postmark date.

"-""

(i)

(c)

Public

notice

should

be expaJ1ded

if

it

is

anticipated
that normal recruiting
would result
in
an insufficient
number of quality
eligibles.
This
may be done through longer open perj~ods,
broader
areas of publicity,
and/or specific
recruitment

activities

designed to positively

attract

applicants.
~his could include
paid advertising.
commercial recruiting
firms,
and nonprofit
employment services.
(11)

Distribute

application

materiaJ.s

to

applicants.
Respond to correspondence/inquiries
including
requests
for information
covered under the provisions
of the
freedom of Information
Act and the Privacy Act.

c.

",...,
I

Develop applicant.
appraisal
procedures
(ra~ing
schedules/job
element s~andards).
(5 CFR Part 300,
Subpart A.)
Technical
standards
of the Uniform
Guidelines
on Employee Selection
Proceduz:'es must also
3

e.
'q.

be met if
Guidelines.

"-.)

there

(i) standards
Standards for
without

provided

for

(ii)

d.

adverse

impact

in the Operating
General Schedule

modified

prior

prior

.as defined

Handbook,
Positions,

OPM approval

in the General

Personality

without

is

and similar

OPMapproval.

tests

Qualification
may not be

unle,ss

Policies

in the

othGrwise

and Instructions.
may not

be used

Develop supplemental
qualifications
stat~:ment forms
when necessary.
(See item 0 in this part for general
information
on required
OMBclearances.)
personally
sensitive
background questions,
such as those dealinq
with political
affiliations
or reliqious
beliefs,
shall
not be asked.
(5 CFR § 4.2)
Rate applications,
notify
applicants
of assigned
ratings,
and provide
a procedu~e for applicants
to
request reconside~ation
of their
ratings.
The same
procedure
may be incorporated
into the agency
administrative
grievance
system or alternative
dispute
resolution
system and used for agency employed
applicants
who grieve
an assigned rating.
(i)

\,,'

Rating

decisions

are

not

appeal.able

1:'0 OPM.

(ii)
Issues involving
ineligibility
based upon
suitability
considerations
shall
be referred
to OPM for
review and final
approval,
unless OPM has delegated
to
the head of the DOA authority
to adjudicate
suitability
determinations,
in accordance with OPM's suitability
regulations
at 5 CFR Part 731 et seg.
(iii)
Ineligible
determinations
based on medical considerations
for review and final
approval.

on prefez:-ence eliqibles
must be I~eferred to OPM

(iv)
Make determinations
on veteran
pret:erence
claims
including
claims for spouse or mother preference
based
on the service-connected
disability
of a veteran.
Administer

and score

written

Issue certificates
of eligibles,
and establish
objection/passover
retain
final
approval
authority

tests.
audit certificates,
procedures.
OPM will
on:

(i) Objections/passovers
based on suitability
considerations
as provided
in item e. (ii),
,J

4

above.

i.h.
k.
1.

(ii)

Objections/passovers

considerations

of preference

339.306)
.

5 U.S.C.

§ 3305

based on medical
eligi!bles

(5 CFR §

s;ervicE~iexaminations;

(competitive

when held)
5 U.S.C. § 3309 (additional
examinations)
5 U.S.C.

points

j:or

§ 3311

(examining

crE~dit

for

military

5 U.s.c.

§ 3313

(register

5 U.S.C.
preference

§ 3314 (restoration
t~o the
eligibles
who resigrn)

register

of

5 U. S. c.

§ 3315 (restoration

t:o the

register

of

been

:f:urloughed

service)

preference
separated)

5 U.S.C.

eligibles

j.

who have

§ 3317 (certification

top-three
Approve

orde~r

selective

register

of

E~ligibles)

and sielection

or

from

eligibles)

and quality-ranking

fac:tors.

Make determinations
on conversion
to care,er
conditional
appointment.
(5 CFR § 315.703)

or career--

Make determinations
on exceptions
to the time-in-grade
restriction
when an employee is within
reach on a
register
for competitive
appointment
to the position
be filled.
(5 CFR § 300.603)
Make determinations
on exceptions
competitive
appointment restriction.

m.
n

Operate its examining activities
the agency's
career transition
Provide

for

employees
intend
to

\'-/

a procedure
notify
apply

whereby

their
supervisor
for
a position
5

to

to time-after(5 CFR § 330.505)

in conformance
assistance
plan.
examining

with

unit

in writing
when
covered
by this

they

p.
r.
s.
t.
.~

agreement.
Employees must give similar
notice
if they
know that a relative,
or a member of their
household
intends
to apply.
Such employees should be
,
appropriately
monitored
or seqregat:ed from the
examining and certification
process.
Th].s includes
subject
matter experts who participate
in the
development of standards
or ranking' of candidates.

~.

o.

Develop and print
any forms necessary for examining
operations.
Forms that collect
information
directly
from the public
must be cleared with the Office
of
Management and Budget (OMB).
(See 5 CFR Part 1320 or

standard

Farm 83-A.)

Ensure that maintenance of the records
used to
implement the delegation
of authority,
that are
maintained
as a system of records
subject
to the
Privacy Act, is consistent
with OPM's Gov'ernment-wide
system of records
(OPM/GOVT-5) and the Privacy Act.
Any request for changes to the OPM system notices
or
regulations
may be submitted,
through the agency
headquarters,
to the Associate
Director
for Employment
Service,
Office of Personnel Management, Washington,
DC, 20415.

q.
~

Adhere to OPM's schedule
retention/disposition.
Provide
will

quarterly

be required

responsibility.
(i)

Total

of records

reports

to

by OPM to

OPM on such measures

fulfill

At a minimum,
applications

(ii)
Total
selections,
temporary
positions,

(iii)
certification
been completed.

.its

these

as

oversight

meas'ures include:

processed,
including
and

selections

that the required
(See item u below.)

annual

for

audit

has

Take such action as OPH may require
to correct
an
action
that OPMhas found to be contrary
to any law,
rule,
regulation,
or any OPM established
standard.
(5
U.S.C.
§.11O4(c»
Conduct annual audits of DEU activities
using non-DEU
staff
and certify
completion
of the audit
to CPM. The
DCA must maintain
a list
of all discrepan(~ies
and
corrective
actions
for a period of three years after
the audit.

u.

Establish

and maintain

an internal
6

accountability

F.

v

CERTIFICATION OF DELEGATEDEXAMINING UNITSi

3.

If

administering

administrators

~

G.

OPM written

he trained

tests,

and certif:Led

the

DCA test

by OP!-:[.

TERMINATION, SUSPENSIONOR REVOCATION
1.
This
agreement
may be terminated
at any time by either
with
90 days advance notice
to OPM.
In such cases,
the DOA
not be able to fill
positions
using
competitive
examiningprocedures.

party
would

2.
suspended

H.

must

Certification
at
any

time

of
an Individual
by OPM.

DEU

may

be

revoked

or

AMENDMENTOR MODIFICATION

writing

Any amendment or modification
of this: agJreement must be in
and agreed to by both OPM and the DOA. This agreement

will
automatically.
termination
notice

I~~. Terms~!.ld
other
Staffinq
Should

the

be renewed
is provided

each fiscal
yeaJr unless
a
by one party
to the other

party.

Con.dit.ion.s
for OPM providino'
EXI~mihih~y'!!~~
Related
Services
~on a. Reimb~..ble
B,ull

DCA request

OPM to

provide
7

any exalnining

and/or

other'

staffing
terms

and

agreeroent
that
the

A.

related
conditions

services
apply.

constitutes
DOA requests

on

a reimbursable
Signature

agreement
with
OPM to perform

basis,
the
th:is
delegation

of

these
t~e.rms
reimburl;able

following

i:n the
event
:servi<:es.

AUTHORITY

Examining services
are authorized
under the provision
of 5
u.s.c.
§ 1104, as amended by P.L. No. 104-52 (1995:1.
Other
staffing
related
services
are authorized
undE~r the provision
of 5U.S.C.

§ 1304.

SERVICESCOVERED
Under

this

other

staffing-related

agreement

OPM agrees

to

services

provjLde

as specj~fied

1616, or other
funding
document,
for
the official
OPM Service
and Pricing

fiscal

excimining

and/or

on OPM Form

thE~ pricE~s listed
in
Guj_de fo]~ the current

year.

FUNDING

FOR THE AGREEMENT

Upon execution
of a fundinq
document,
an agreE!d upon dollar
amount will
be obligated
to OPMi OPM shall
notify
the DOA
in writinq
on a monthly
or other
agreed upon basis
of the
costs
incurred.

~

3.

DISPUTES AND TERMINATION
In the event the
an action
request,

DCA wishes to terminate~
the j.nitiation
it must do so in writ:inq
to the

appropriate

OPMservice

Termination

of

either

party

90 days prior
DOA's notice
Director,

Washington,
occur

prior

center.

an agreement

must

for

be provided

DC 20415.
to

the

Service

If

reimbursable
to

to the effective
of termination
is

Washington

the

Center,

the

s;ervices
party

in

termination

IV

~,'
1.
2.

notice

will

fiscal

be returned

the termination.

8

by
writin'q

date of the termination.
to be addressedl to the

termination

end of

oth.er

OPM:, 19001 E street

of an agreement

year,

OPl-1[will

entitled
to retain
sufficient
funds as necessa.ry to
the expenses incurred
for terminating
the agre~ement
provide
a final
accounting
of those e>cpenses t.o the
days after
receipt
of the termination
notice.
Upon
termination
of the agreement prior
to the end of the
year,
all of the DOA's funds not obligated
prior
to
after

of

to

the

The
is

NW,

to

be

cover
and will
DOA 60
fiscal
the

DOA. 120 days

II

I

""-"

4.

AXENDMENTSOR MODIFICATIONS OF THE AGREI~HENT
Any amendments or modifications
of the cs.greemlent must be in
writinc;
and agreed to Py both OPM and t11e DCA. tf OPM needS
to modify the prices
agreed upon, then OPM will
notify
the
other party
90 days in advance of the- P]:'opose,d chan~e.
The
other party must respond to the propcsec! chanlqe. in
ritinq
within
45 days of receipt
of the propos4t.d change.

~I
Office

of

Personnel

A (

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