OPM/HHS Interagency Delegated Examining Agreement 2011

December 2, 2010

Ms. Antonia T. Harris
Deputy Assistant Secretary
for Human Resources
Department of Health and Human Services
ASAM/OHR
200 Independence Ave., SW, Rm. 300E
Washington, DC 20201

Dear Ms. Harris:

Enclosed for your signature is an amended lnteragency Delegated Examining Agreement (Agreement), the basic document by which the U.S. Office of Personnel Management (OPM) delegates competitive examining authority to agencies under the provisions of 5 U.S.C.§1104, as amended by Public Law 104-52 of 1995. This Agreement identifies OPM and agency responsibilities in carrying out this process and sets conditions that each party must honor.

The purpose of this letter is to notify you that OPM has amended the Agreement to include each agency's responsibilities to fulfill its commitment to reform the Federal hiring process. These responsibilities include:

using streamlined job opportunity announcements that are written in clear, concise, and understandable (plain) language:
accepting resumes as the official Federal application including any official or unofficial documents, such as college transcripts, proof of disability documentation; DD-214 Certificate of Release or Discharge from Active Duty; SF-50 Notification of Personnel Action;
accepting cover letters from applicants, although not required they may be used as part of the examining process;
eliminating the agency's imposed requirement that applicants submit written narratives to address competencies or knowledge, skills, and abilities (KSAs): or completing long questionnaires requiring narrative responses, including rating schedules requiring narrative responses when the applicant initially applies; and
notifying applicants of the status of their applications at key stages of the application process.

OPM is assisting agencies with meeting these requirements by providing technical assistance, tools, training, and access to other agencies' best practices through a collaborative website at https://max.omb.gov/maxportal/. This Agreement is effective 30 days from the date on which you sign the Agreement. Please sign and return this Agreement to the following address:

U.S. Office of Personnel Management
Recruitment and Hiring
Hiring.Policy
1900 E Street, NW, Room 6566
Washington, D.C. 20415

Signing this Agreement entitles you to retain your delegated examining authority. This Agreement supersedes all prior delegated examining agreements. If you fail to return the enclosed agreement, or if the enclosed agreement is returned unsigned, your agency will not be authorized.to conduct competitive examining functions and will be required to contract with OPM for these services on a fee-for-service basis.

Corresponding changes are being made in the Delegated Examining Operations Handbook located on OPM's website at www.opm.gov/deu. Any questions regarding this agreement or implementation procedures can be directed to Ms. Linda Watson at linda.watson@opm.gov or 202-606-1252.

Thank you for your cooperation in this effort.

Sincerely,

/s/
Angela Bailey
Deputy Associate Director
Recruitment and Hiring

Enclosure

Interagency Delegated Examining Agreement

Interagency Agreement Number (HHS-1)
Between the U.S. Office of Personnel Management (OPM) and the Department of Health and Human Services

This document is a two-part agreement between the above-named parties which contains a delegation of examining authority and establishes the terms and conditions for agency use of OPM-developed examining instruments.

I. The Delegation Agreement

A. Authority

Under 5 U.S.C. § 1104, as amended by Public law 104-52 (1995), this lnteragency Delegated Examining Agreement authorizes the Department of Health and Human Services to examine applicants for positions at Department of Health and Human Services or for positions at ano\her Federal agency that itself has executed a delegated examining agreement with OPM. OPM delegates examining authority at the headquarters level. Although Department of Health and Human Services may decide which activity {i.e., component or office of Department of Health and Human Services) carries out this authority and the extent to which the activity exercises it, the authority itself may not be re-delegated.

B. Positions Covered

Title 5 competitive service positions for all series and grade levels nationwide except Administrative Law Judge positions.

C. Effective Date of the Agreement

This Agreement will become effective upon execution by both parties.

D. Applicable Laws and Regulations

All examining activities initiated under this Agreement must conform to the requirements of Federal laws, rules, regulations, Executive Orders, applicable court orders, and, where applicable, specific operational procedures prescribed in the Delegated Examining Operations Handbook.

E. Responsibilities of the Parties

1. OPM Responsibilities

OPM will:

Provide operating guidelines and basic technical assistance through training and the Delegated Examining Operations Handbook.
Perform initial certification and periodic recertification training of staff.
Provide job seekers with up-to-date information about job opportunities and application procedures through the USAJOBS Governmentwide automated employment information systems.
Retain exclusive authority to:
1. Make medical qualification determinations pertaining to preference eligibles (5 CFR 339.306), including review of a proposed disqualification of a 30 percent or more compensably disabled veteran on the basis of physical disability under 5 U.S.C. § 3312(b).
2. Make suitability determinations and take suitability actions involving material, intentional false statement or deception or fraud in examination or appointment, or refusal to furnish testimony as required by 5 CFR 5.4 (5 CFR 731.103(a)).
3. Grant or deny an agency's pass over request of a preference eligible with a compensable service-connected disability of 30 percent or more (5 U.S.C. § 3318).
4. Make determinations on spousal derived veterans' preference claims where the claim for preference is based on a claim of common law marriage (5 U.S.C. § 2108(3)(D), (E); 5 CFR 211.103).
Establish and maintain an oversight program to ensure that activities, including any competitive examining work performed for the agency (i) through the use of contractors under any authority delegated under 5 U.S.C. § 1104(a), or (ii) by another agency, on a reimbursable basis, under the Economy Act, are in accordance with the merit system principles and the performance standards established by OPM under 5.U.S.C. § 1104(b)(1), and support mission accomplishment. The agency making the appointment must be accountable for the work performed on its behalf and must itself make each appointment and execute the documents evidencing the appointment. Any actions contrary to any law, rule, regulation, or any OPM established standard shall be corrected as required by OPM. (5 U.S.C. § 1104(c)). OPM reserves the right to order any corrective action, to suspend or withdraw any authority delegated by OPM to an agency, or to suspend or revoke this delegation agreement as described in 5 CFR 250.103.

2. Agency Responsibilities

Department of Health and Human Services will:

Ensure adequate competition for positions in the competitive service by recruiting sufficient numbers of well-qualified candidates for consideration.
Provide public notice of the opportunity to compete by listing all announcements for vacant competitive service positions in USAJOBS, a Governmentwide automated employment information system. To comply with its obligations under 5 U.S.C. §§ 3327 and 3330 to establish and keep current a comprehensive list of all announcements for vacant positions in the competitive service, OPM uses USAJOBS. Accordingly, Department of Health and Human Services must also use USAJOBS when exercising its delegated authority under this Agreement.
Determine appropriate public notice and length of open periods for receipt of applications by considering the nature of the positions covered by the examination, their career potential and the mobility/availability characteristics of the appropriate labor market Notice periods of less than 5 calendar days must be documented in the examining file to show the examining office's rationale. OPM transmits public notice material electronically to State employment service offices nationwide.
Use streamlined job opportunity announcements that are written in clear, concise, and plain language.
Establish policies and procedures on the acceptance and processing of applications, including the use of resumes to establish minimum qualifications eligibility/ineligibility. Filing instructions and conditions must be specified clearly in the job announcement.
Develop applicant assessment procedures. (5 CFR part 300, subpart A)
Use valid assessment tools, excluding written essays or narratives of competencies/knowledge, skills, and abilities (KSAs) at the initial stage of the application process.
Obtain prior approval from OPM before modifying standards in the Operating Manual, Qualification Standards for General Schedule Positions, unless such modifications are otherwise authorized in the General Policies and Instructions section of the Manual.
Rate applications and notify applicants of the status of their applications at key stages of the application process.
Provide a procedure for applicants to request reconsideration of their ratings. The Agency must:
1. Refer to OPM any request to pass over a 30 percent or more compensably disabled veteran.
2. Refer to OPM any objection or pass over request that is based on material, intentional false statement or deception or fraud in examination or appointment for review and adjudication under 5 CFR part 731, where appropriate.
3. Refer other cases to OPM for suitability review as prescribed by 5 CFR 731.103{a)-(b).
4. Refer to OPM for review and final approval determinations of ineligibility based on medical considerations as prescribed by 5 U.S.G. § 3312(b) and 5 CFR 339.306(b).
5. Make determinations on veterans' preference claims, including claims for spouse or mother preference based on the service-connected disability of a veteran, except for spousal derived preference based on a claim of common law marriage, which must be referred to OPM's General Counsel.
Administer and score written tests. Individuals administering OPM tests must be trained and certified by OPM.
Issue certificates of eligibles and audit certificates, and establish objection/pass over procedures. OPM retains exclusive authority to:
1. Make medical qualification determinations pertaining to preference eligibles (5 CFR 339.306), including review of a proposed disqualification of a 30 percent or more compensably disabled veteran on the basis of physical disability under 5 U.S.C. § 3312(b).
2. Make suitability determinations and take suitability actions involving material, intentional false statement or deception or fraud in examination or appointment, or refusal to furnish testimony as required by 5 CFR 5.4 (5 CFR 731.103(a)).
3. Grant or deny an agency's pass over request of a preference eligible with a compensable service-connected disability of 30 percent or more (5 U.S.C. § 3318).
4. Make determinations on spousal derived veterans' preference claims where the claim for preference is based on a claim of common law marriage (5 U.S.C. § 2108(3)(0), (E); 5 CFR 211.103).
Apply veterans' preference provisions of title 5, United States Code, including, but not limited to:
5 U.S.C. § 3305   (Competitive service; examinations; when held)
5 U.S.C. § 3309   (Preference eligibles; examinations; additional points for)
5 U.S.C. § 3311   (Preference eligibles; examinations; crediting experience)
5 U.S.C. § 3313   (Competitive service; registers of eligibles)
5 U.S.C. § 3314   (Registers; preference eligibles who resigned)
5 U.S.C. § 3315   (Registers; preference eligibles furloughed or separated)
5 U.S.C. § 3317   (Competitive service; certification from registers)
5 U.S.C. § 3318   (Competitive service; selection from certificates)
5 U.S.C. § 3319   (Alternative ranking and selection procedures)
Approve selective and quality-ranking factors identified and documented through analysis of the position. (5 CFR 300.103)
Make determinations on conversion to career or career-conditional appointment. (5 CFR 315.703)
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 to be filled. (5 CFR 300.603)
Make determinations on exceptions to time-after-competitive appointment restriction. (5 CFR 330.501)
Operate examining activities in conformance with the agency's career transition assistance plan. (5 CFR 330 subpart F)
Provide for a procedure whereby staff involved in delegated examining activities notifies their supervisor in writing when they intend to apply for a position covered by this Agreement that is handled by the delegated examining organization where they work. 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 segregated from the examining and certification process. This procedure also applies to subject matter experts who participate in the development of assessments or ranking of candidates.
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 (0MB). (See 5 CFR part 1320 or Standard Form 83-A)
Ensure that maintenance of the records used to implement the delegation of authority, which are to be maintained as a system of records subject to the Privacy Act, is consistent with OPM's Governmentwide 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 Employee Services, U.S. Office of Personnel Management, Washington, DC 20415.
Adhere to OPM's schedule of records retention/disposition.
Provide quarterly reports to OPM on such measures as will be required by OPM to fulfill its oversight and program management responsibility.
Take such corrective action as OPM may require. (5 U.S.C. § 1104(c))
Establish and maintain an internal accountability system designed to assure that the use of delegated examining authorities is in compliance with law and merit system principles. This system will be subject to regular periodic management review by OPM.
Conduct annual audits of delegated examining activities using staff not associated with delegated examining activities and certify completion of the audit to OPM. Department of Health and Human Services must maintain a list of all discrepancies and corrective actions for a period of 3 years after the audit. Annual audit procedures may be incorporated into the agency's internal accountability system.
Notify OPM of changes in delegated examining offices, including new delegated examining offices, termination, etc.

bb. Ensure that individuals responsible for delegated examining activities, including those conducting the annual audits, have completed initial certification training and are currently certified to perform this work.

cc. To the extent any of the work described above is performed by a contractor or another agency operating pursuant to an Economy Act arrangement, be accountable for the work performed on the undersigned agency's behalf, ensure that appointments are actually made by the undersigned agency itself, and ensure that the documents necessary to evidence such appointments are signed by officials of the undersigned agency itself.

F. Termination, Suspension or Revocation

This Agreement may be terminated at any time by either party with 90 days advance notice to the other party. If this Agreement is terminated, Department of Health and Human Services will not be permitted to fill positions using competitive examining procedures.
Certification of a delegated examining activity may be revoked or suspended at any time by OPM. Such revocation or suspension is effective as of the date of notice from OPM.

G. Amendment or Modification

Any amendment or modification of this Agreement must be in writing and agreed to by both OPM and Department of Health and Human Services. This Agreement will be automatically renewed each fiscal year unless a termination notice is provided by one party to the other party.

H. Severability Clause or Provision

If any clause or provision of this Agreement is terminated, or is determined to be illegal; Invalid or unenforceable, then that clause or provision shall be severed from this Agreement and the remainder of this Agreement shall remain in full force and effect.

/s/
Nancy H. Kichak
Associate Director
Employee Services
U.S. Office of Personnel Management
1900 E Street, NW, Room 6500
Washington, DC 20415

3-3-10
(Date)

/s/
Antonia T. Harris
Associate Deputy Assistant Secretary for Human Resources
Department of Health and Human Services
ASAM/OHR
200 Independence Ave. SW, Room 300E
Washington, DC 20201

3-22-11
(Date)

II. Special Provisions Governing Use of Administrative Careers With America (ACWA) Examining Instruments or Other Examining Instruments Developed By OPM

Agencies at their option, and as indicated below, may request and use an OPM-developed examining instrument, including the Administrative Careers With America (ACWA) instruments (written test and/or rating schedule), which OPM developed-for certain entry-level positions. Once an agency exercises this option, the agency is responsible for correct usage of these materials, in accordance with the conditions established below.

A. Prohibition on Modifications

No modification of the content of the instruments or values used in the scoring process is permitted. The instruments must be used intact.

B. Test Security Requirements

Agencies are required to comply with OPM test security requirements, use only trained test administrators, and report test material compromises to OPM's Nationwide Testing Office, 230 South Dearborn Street, Suite 3040, Chicago, IL 60604 or midwesttesting@oprri.gov.

C. Reproduction and Distribution

Agencies are responsible for all reproduction and distribution of examining material within their organizations. Reproduction must be in accordance with Government wide requirements relating to such material.

D. Termination of This Special Agreement

OPM reserves the right to terminate this special Agreement at any time for violations of any of the requirements listed above.

E. Agency Contact

Agencies are required to submit a point of contact (including Name, Address, Telephone Number, and E-mail Address) for the OPM-developed examining instrument(s) (written test and/or rating schedule) the agency uses. Agencies are responsible for updating any changes to the point of contact.

F. Agency Decision

This agency requests the use of an OPM-developed examining instrument (written test and/or rating schedule).

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(Signature)
Department of Health and Human Services

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Date

This agency does not request the use of an OPM-developed examining instrument (written test and/or rating schedule).