Common use of Discretionary Actions Clause in Contracts

Discretionary Actions. The Agency may, at its discretion, except the following action from competitive procedures: A. Promotion of an employee who was appointed in the competitive service from an OPM register, by direct hire, through delegated examining authority, noncompetitive appointment or noncompetitive conversion, or under competitive promotion procedures for an assignment intended to prepare the employee for the position being filled (agency intent must be a matter of record and career ladders must be documented in the promotion plan). B. Promotion resulting from an employee's position being classified at a higher grade because of additional duties and responsibilities. This type of promotion is also referred to as an “accretion of duties promotion.” C. Temporary promotion or detail to a higher-graded position or a position with higher promotion potential for 120 days or less. D. Promotion to a grade previously held on a permanent basis in the competitive service from which an employee was separated or demoted for other than performance or conduct reasons. E. Promotion, reassignment, demotion, transfer, reinstatement, or detail to a position having promotion potential no greater than the potential of a position previously held on a permanent basis in the competitive service and which the employee did not lose because of performance or conduct reasons. F. Promotion of an employee when directed by authorized authorities (i.e., judges, arbitrators, FLRA and other appropriate authorities acting within the scope of their authority). G. Conversion of temporary or term promotions to permanent positions, when the possibility was clearly stated in the original competitive notice. H. Details made in 120-day increments, up to one year to unclassified duties or to the same or lowered graded duties. I. Appointment from a certified OPM register for which no further competition is required. J. Consideration of a candidate not given proper consideration in a competitive promotion action.