Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, Department of the Army, Army Research, Development and Engineering Command, Edgewood Chemical Biological Center (ECBC), 68936-68966 [E9-30479]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention
Laboratory Personnel Management
Demonstration Project, Department of
the Army, Army Research,
Development and Engineering
Command, Edgewood Chemical
Biological Center (ECBC)
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AGENCY: Office of the Under Secretary of
Defense (Civilian Personnel Policy)
(DUSD (CPP)), Department of Defense
(DoD).
ACTION: Notice of approval of a
demonstration project final plan.
SUMMARY: Section 342(b) of Public Law
103–337, as amended, authorizes the
Secretary of Defense to conduct
personnel demonstration projects at
Department of Defense (DoD)
laboratories designated as Science and
Technology Reinvention Laboratories
(STRLs). The above-cited legislation
authorizes DoD to conduct
demonstration projects to determine
whether a specified change in personnel
management policies or procedures
would result in improved Federal
personnel management. Section 1107 of
Public Law 110–181 as amended by
section 1109 of Public Law 110–417
requires the Secretary of Defense to
execute a process and plan to employ
the Department’s personnel
management demonstration project
authorities found in title 5 United States
Code (U.S.C.) section 4703 at the STRLs
enumerated in 5 U.S.C. 9902(c)(2), as
redesignated in section 1105, Public
Law 111–84, and 73 Federal Register
(FR) 73248 to enhance the performance
of these laboratories. The ECBC is listed
as one of the designated STRLs.
DATES: Implementation of this
demonstration project will begin no
earlier than February 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Edgewood Chemical Biological Center
ECBC: Ms. Kim Hoffman, U.S. Army
ECBC, Directorate of Program
Integration, Workforce Management
Office (RDCB–DPC–W), 5183 Blackhawk
Road, Building 3330, Room 264,
Aberdeen Proving Ground, MD 21010–
5424.
DoD: Ms. Betty Duffield, CPMS–PSSC,
Suite B–200, 1400 Key Boulevard,
Arlington, VA 22209–5144.
SUPPLEMENTARY INFORMATION:
1. Background
Since 1966, many studies of
Department of Defense (DoD)
laboratories have been conducted on
laboratory quality and personnel.
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Almost all of these studies have
recommended improvements in civilian
personnel policy, organization, and
management. Pursuant to the authority
provided in section 342(b) of Public
Law 103–337, as amended, a number of
DoD STRL personnel demonstration
projects were approved. These projects
are ‘‘generally similar in nature’’ to the
Department of Navy’s ‘‘China Lake’’
Personnel Demonstration Project. The
terminology, ‘‘generally similar in
nature,’’ does not imply an emulation of
various features, but rather implies a
similar opportunity and authority to
develop personnel flexibilities that
significantly increase the decision
authority of laboratory commanders
and/or directors.
This demonstration project involves:
(1) Two appointment authorities
(permanent and modified term); (2)
extended probationary period for newly
hired engineering and science
employees; (3) pay banding; (4)
streamlined delegated examining; (5)
modified reduction-in-force (RIF)
procedures; (6) simplified job
classification; (7) a pay-for-performance
based appraisal system; (8) academic
degree and certificate training; (9)
sabbaticals; and (10) a Voluntary
Emeritus Corps.
2. Overview
DoD published notice in 73 FR 73248,
December 2, 2008, that pursuant to
subsection 1107(c) of Public Law 110–
181 the three STRLs listed in 73 FR
73248 not having personnel
demonstration projects at this time may
adopt any of the flexibilities of the other
laboratories listed in subsection
9902(c)(2), as redesignated in section
1105 of Public Law 111–84, and further
provided notice of the proposed
adoption of an existing STRL
demonstration project by two centers
under the United States (U.S.) Army
Research, Development and Engineering
Command (RDECOM): ECBC and Natick
Soldier Research, Development and
Engineering Center (NSRDEC). The
notice indicated that these two centers
intended to adopt the STRL Personnel
Management Demonstration project
designed by the U.S. Army
Communications—Electronics
Command, Research, Development, and
Engineering organizations (a
reorganization changed this designation
to the U. S. Army Communications—
Electronics Research, Development and
Engineering Center (CERDEC)). Relative
to ECBC’s intent to adopt the CERDEC
demonstration project, DoD received
comments from three employees during
the public comment period which
ended on January 2, 2009: Two
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presented interests on behalf of the
Unions they represent and the other
presented comments on behalf of the
organization itself. All comments were
carefully considered.
The following summary addresses the
pertinent comments received, provides
responses, and notes resultant changes
to the original CERDEC project plan
published in 66 FR 54872, October 30,
2001. Each commenter addressed more
than one topic and each topic was
counted separately. Thus, the total
number of comments exceeds the
number of individuals cited above.
A. Pay-for-Performance System
Ten comments were received that
relate to the pay-for-performance
system.
(1) General
Comments: Three comments were
received concerning the pay-forperformance system in general as
follows: questioned impact to ‘‘good’’
workers since this system is designed to
reward ‘‘very high’’ performers; asserted
that individual performance appears to
be more critical and questioned impact
to teamwork; and expressed concern
that favoritism could impact employees
getting a fair share in payouts from pay
pools which have a fixed amount of
money.
Response: The demonstration project
performance management system is
designed to provide greater
differentiation among performers, as
opposed to the current Total Army
Performance Evaluation System
(TAPES) which has evolved into most
employees being rated at the same level.
This new approach is based on a payfor-performance model which allows for
greater communication between
supervisor and employee, promotes
clearer accountability of performance,
facilitates employee career progression
and provides an understandable and
rational basis for pay changes by linking
pay and performance. Under a pay-forperformance appraisal system there is a
fixed amount of money for allocation to
all employees rated. It is expected that
higher performing employees earn
greater rewards than lower performing
employees. It is important to note that
under this demonstration project, no
employee who is rated at an acceptable
level (10 or above on a scale of 0–50)
loses base pay. A reduction in base pay
could only occur if an employee
receives an unacceptable rating (9 or
below on a scale of 0–50) and is the
subject of an adverse action.
Pay-for-performance systems are often
viewed as increasing competition
among employees for limited financial
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rewards and are believed to have a
negative impact on teamwork. However,
the Office of Personnel Management
(OPM), in an independent evaluation of
laboratory demonstration projects
analyzed this factor and concluded that
teamwork had actually improved and
that the pay-for-performance system had
no negative effect on teamwork.
Furthermore, a rigorous review process
is an integral part of the demonstration
project’s pay-for-performance system
which links base pay and bonus to
organizational, team and individual
performance. Interpersonal skills is one
of the critical performance elements in
every employee’s performance plan.
This element includes such qualities as
being an effective team player,
coordinating actions with others, being
considerate of differing viewpoints,
maintaining effective relationships, etc.,
all of which encourage sustainment of
teamwork. Lastly, special act and other
traditional 5 U.S.C. awards are still
viable options that can be used to
reward groups for exceptional team
work.
Major features in the design of the
rating system are intended to overcome
perceptions of favoritism and limited
differentiation among ratings. Improved
communication throughout the rating
cycle facilitates building a common
understanding of performance
expectations and progress toward
achieving those expectations. The
automated performance management
tool helps assure that objectives are in
place on a timely basis,
accomplishments are recorded, and
communication related to performance
is on-going. The pay-for-performance
system uses standard performance
elements and performance benchmarks
to evaluate employee performance that
supports the mission, allows managers
to make meaningful performance
distinctions, considers pay in making
performance-based pay decisions and
provides information to employees
about the results of the appraisal
process and pay decision. At the end of
the rating period, employees submit
their accomplishments. Following the
initial scoring of each employee, raters
in an organizational unit along with
their next level of supervision, meet to
ensure consistency and equity of the
ratings. Through discussion and
consensus building, consistent and
equitable ratings are determined based
on similar level of performance, level of
work and level of base pay. This
improves upon the current performance
appraisal system where there are only
brief performance standards described
for the fully successful level and rating
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is typically done by a supervisor with
review and approval by a senior rater.
The demonstration project plan
includes other means of checks and
balances that address perceptions of
favoritism and bias. A Personnel
Management Board has been created to
provide oversight for the project and
includes members representing each
directorate. A cross-section of
employees participate in a Workforce
Advisory Group and are actively
involved in identifying training needs
and developing operating procedures.
Training in the pay-for-performance
system and other aspects of the
demonstration project will be
mandatory for all supervisors. Finally,
perceived fairness of the appraisal
process has been identified as an area
for evaluation and will be included in
surveys of the workforce and focus
group discussions with employees. An
annual report with a thorough review
and analysis of the pay-for-performance
cycle will be published to assist in
providing greater transparency.
(2) Rating
Comments: One commenter believes
that higher scores are needed each year
to receive pay increases and questioned
whether salary increases taper off after
a few years. The same commenter
questioned whether managers will be
involved in rating employees they do
not have direct contact with and
whether pay pool managers will be
familiar with those they are rating.
Response: Base pay increases and/or
bonuses are earned based on an
employee’s total performance score.
Scores of 21 or higher earn a
performance payout. Higher scores are
not needed each year to receive a base
pay increase. Base pay increases can
continue to be earned which allows
progression in base pay up to the
maximum base pay rate for the
employee’s pay band. Once an
employee reaches the maximum base
pay rate for their pay band their base
pay is ‘‘capped,’’ similar to when an
employee reaches step 10 of their
General Schedule (GS) grade. The
performance payout earned is then
converted to bonus. The project plan
also includes two performance-based
rules (midpoint rule and significant
accomplishment rule) that may affect
base pay increases. Refer to III.C.10. and
III.C.11. for how these rules relate to
scores. It is important to note that as
base pay progresses over time,
performance expectations also increase
and are factored into the appraisal
process.
As to the rating process, first-line
supervisors initially rate their
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employees. These initial scores are then
subject to discussion, review and
reconciliation and may result in
adjustments upward or downward.
Review of the scores across
organizational lines continues at
succeeding levels up the management
chain to the final level of review which
is the pay pool manager. Participants in
the next level reconciliation will have
full knowledge of their respective
preceding level’s discussions and
decisions to represent those employees.
Other participants may have varying
degrees of direct knowledge of an
employee’s performance but will be
knowledgeable of the nature of the
technologies/work being performed. The
requirement for raters to explain their
recommended ratings and the active
discussion within the group emphasizes
to each rater the importance of taking
performance management earnestly. The
process of reconciliation serves to
overcome variations in expectations
from one rater to another, helps to
ensure that different raters apply the
performance benchmarks consistently,
and resolves variances in what one
manager considers exceptional work
from another who judges it as merely
acceptable.
(3) Pay Pools
Comments: One commenter
recommended that the base pay and
bonus pay pool funding percentage be
revised to set a minimum percentage
rather than ranges. Another commenter
questioned how many pay pools would
be set for the Rock Island site. This same
commenter asked who would serve as
the pay pool manager(s) for the Rock
Island site.
Response: The laboratory considered
the recommendation to alter the pay
pool funding percentage and has
amended III.C.7. ‘‘Pay Pools’’ to define
pay pool funding for base pay increases
and bonuses at minimum levels as
opposed to a range of minimum and
maximum. The base pay increase pool
of money will be set at no less than the
current minimum of 2% and the bonus
increase pool of money will be set at no
less than the current minimum of 1%.
Higher amounts may be set within
budgetary limits.
With regard to the questions
concerning pay pools and pay pool
manager(s) at one of ECBC’s remote sites
(Rock Island), the Personnel
Management Board will annually
determine the number of pay pools
using guidelines such as size, number of
supervisory/non-supervisory employees
participating, etc., and make a
recommendation to the Technical
Director for final approval. Once the pay
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pools have been decided, then the pay
pool managers will be named for each
pay pool by the Personnel Management
Board. All employees will be informed
of their pay pool assignment and
designated pay pool manager.
(4) Payout Determinations
Comments: One commenter
questioned how payouts are computed
and the factors that affect the equation.
The same commenter asked whether
management can decide to not give a
base pay increase or bonus for an
employee’s rating and give payouts in
the form of all bonus rather than a
combination of base pay increase and
bonus.
Response: Management cannot
arbitrarily decide to not give a pay
increase or a bonus. An employee’s
performance payout is based on the
employee’s score, the shares earned for
that score, the value of the shares and
the employee’s adjusted base pay. The
performance payout is calculated based
on provisions set forth in the FR Notice
and the resulting payout is a base pay
increase and/or bonus. Scores translate
into shares and each point above the
score of 20 is worth one tenth of a share
with a maximum score of 50 equaling 3
shares. There is no discretion on the
amount of shares earned. For example,
a score of 32 earns 1.2 shares. The value
of a single share, however, may vary
from one pay pool to another since it is
based on factors relative to individual
pay pools (such as the number of shares
awarded in the pay pool, etc.). Figure 3
(III.C.8.) illustrates the formula for
computing share value. The value of a
share is computed after the scores for
each individual in the pay pool have
been finalized. The payout (base pay
increase/bonus) is calculated by first
multiplying the shares earned by the
share value and multiplying that
product by base pay. An adjustment is
then made to account for locality pay or
staffing supplement.
Payouts are typically a combination of
base pay increase and bonus. The split
is generally determined by the funding
in the pay pool (i.e., if the pay pool
funding is two-thirds base pay and onethird bonus funding, then the payout
split would be two-thirds base pay
increase and one-third bonus). For
employees at the maximum base pay of
their band or affected by a performancebased rule, some or all of the payout
converts to bonus as determined by the
end of the band or the specific
performance rule. The full amount of
the base pay increase and bonus may
also be affected if an employee leaves
the demonstration project prior to the
effective date of the payout. There is
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some discretion on the part of the pay
pool manager to shift all or some of an
employee’s bonus portion to base pay
increase depending on available
unexpended base pay funds and other
criteria to be established. Any dollar
increase to an employee’s base pay
increase will be offset by a
corresponding decrease in the
employee’s bonus. Thus, the employee’s
total performance payout is unchanged.
Internal operating procedures will
provide further guidance.
B. Pay
Nine comments were received related
to pay.
(1) General
Comments: Five comments were
received regarding pay in general as
follows: whether the GS salary tables
will be used as a guide and at what
point an employee’s salary is capped;
whether employees will receive the
annual general pay increase; an interest
in history of employees reaching the top
of their pay band since GS employees
can reach the top of their grade over
time; a remark that morale could be an
issue for careerists who have paid their
dues since new employees under the
demonstration will have greater
monetary incentives available to them;
and a suggestion to relieve pay
compression by providing additional
waivers to permit full locality payment.
Response: The minimum and
maximum rate of base pay for each band
continues to be linked to the GS rates of
pay. The rates are updated each year
following the general pay increase
which typically takes place in January.
As long as the general pay increase is
authorized, all employees in the
demonstration project who are
performing at an acceptable level will
receive it. Acceptable performance
under the demonstration project is
defined as a total score of 10 or above
and every performance element scored
at 10 or above (on a scale of 0–50). If an
employee is on a Performance
Improvement Plan (PIP) due to
unacceptable performance when the
general pay increase takes effect, he/she
will not receive it until such time as the
performance improves to an acceptable
level and remains so for at least 90 days.
Maximum potential base pay
progression depends on the end point of
the employee’s pay band. For example,
if the base pay rate range is GS–12/step
1 to GS–13/step 10, as is the case for
DE–III, the employee can progress in
base pay beyond the GS–12/step 10 base
pay rate up to the maximum of the GS–
13/step 10 base pay rate equivalent
based on individual performance. Refer
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to III.A.2. which illustrates the pay band
structure and the crosswalk to GS
grades.
Under the demonstration project, base
pay progression within a pay band is
directly linked to individual
performance. As a result, we can not
specify a certain number of years it
would take to progress from the
minimum to the maximum of the band.
However, progress through the band
will be one of the areas assessed. As
previously stated, employees are eligible
(based on their performance scores) to
receive annual base pay increases
(unless they have reached the top of
their band or are impacted by a
performance-based rule). Annual base
pay increases replace the traditional
within-grade increases and quality step
increases. In addition, an employee
under the GS system is limited in base
pay progression to step 10 of their grade.
Under the demonstration project,
however, employees are placed in pay
bands which cover a wider range of base
pay than a single grade (except for DK–
III) and promotions are required only for
movement to a higher band.
Under the GS pay system, employees
must perform at an acceptable level and
meet length of service requirements in
order to be entitled to a within-grade
increase. The waiting period for a step
increase changes from one year to two
years and then to three years over time,
totaling eighteen years for normal
progression in grade from step 1 to step
10. While it is true that most GS
employees will reach step 10 of their
grade given enough time, it is not a
guarantee because of the performance
factor. The demonstration pay-forperformance system rewards good
performance and as such, it is entirely
possible that employees in the
demonstration project could receive
base pay increases that are equivalent to
or higher than a step increase each year
and could, therefore, progress in their
band faster than they would under the
GS system.
Motivating and incentivizing the
workforce is one of the objectives of the
laboratory demonstration project. In
fact, in an evaluation of laboratory
demonstration projects, OPM conducted
a pulse survey which concluded that
motivation levels remained high and
that pay satisfaction increased in all
labs. As previously described,
employees have the opportunity to
advance without competition within a
pay band, thus eliminating previous
promotion requirements and grade
limitations. While it is true that under
the demonstration project pay may be
set anywhere in the band for newly
hired employees, decisions are based on
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the qualifications of the individual, the
unique requirements of the position and
the labor market considerations relative
to the occupation. Other demonstration
projects who are offering higher starting
base pay for interns, as an example,
have seen a significant increase in the
recruitment of graduates with higher
Grade Point Averages (GPAs) and are
able to recruit at more selective colleges
and universities. Although the starting
base pay is higher than the GS
counterpart, this is offset by slower pay
progression that is dependent upon
individual performance and tends to be
slower than the rapid career ladder
promotions that occur in the GS system.
Consequently, at the conclusion of the
18–30 month internship, employees’
base pay is comparable.
As to the last comment, there is
concern that individuals whose base
pay is at the higher end of the GS–15
base pay range do not receive their full
locality pay. This situation also occurs
within the demonstration project for the
Engineering and Science (E&S) and the
Business and Technical (BT)
occupational families since Pay Band IV
of both is linked to a range of GS base
pay with a cap equivalent to the GS–15,
step 10 base pay rate. However,
increasing the maximum base pay for
GS–15 equivalent pay bands will create
a compensation imbalance with
individuals in Scientific and
Professional and Senior Executive
Service positions. This locality cap
issue is being examined at higher levels;
therefore, no change is proposed.
(2) Supervisory Pay
Comments: One commenter proposed
that supervisory/team leader pay
adjustments and pay differentials be
changed to provide up to ten percent for
team leaders. Another commenter asked
whether supervisory pay is based on the
number of employees supervised.
Response: The suggestion to increase
the maximum for team leader pay
adjustments and differentials from five
percent to ten percent of base pay was
considered and senior management
agreed that this change would increase
our flexibility to incentivize team
leaders when warranted. Therefore,
language has been added to revise the
amount of pay adjustments and pay
differentials for team leaders from ‘‘up
to five percent’’ to ‘‘up to ten percent’’
in III.F.7. ‘‘Supervisory and Team
Leader Pay Adjustments’’ and III.F.8.
‘‘Supervisory/Team Leader Pay
Differentials.’’
As to the second comment, for a
position to be classified as supervisory,
the individual must spend at least 25
percent of their time performing
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supervisory duties, e.g. assigning/
reviewing work, evaluating
performance, approving leave, etc. Pay
is not based on a specific number of
employees supervised but the number of
employees supervised may be an
influencing factor in determinations
related to supervisory base pay
adjustments and pay differentials.
Adjustments and differentials will be
used selectively, not routinely, to
compensate supervisors and/or team
leaders who meet detailed criteria
contained in the demonstration project
internal operating procedures.
(3) Internal Placement
Comments: One commenter suggested
that a pay increase of up to a defined
amount should be permitted when a
person moves to a position of greater
responsibility (reassignment) within the
same pay band. Another commenter
inquired how performance payouts are
handled for employees on temporary
assignments/promotions and whether
pay increases are withdrawn when the
temporary assignment/promotion ends.
Response: Since broad pay bands
include positions of varying complexity
and responsibility, a base pay increase
would provide incentive to encourage
employees to accept positions of greater
responsibility in the same pay band.
Therefore, language has been added at
III.F.5. to address this issue and to
define ‘‘reassignment’’ in III.E.2. A
reassignment may be effected without a
change in base pay. However, a base pay
increase may be granted where a
reassignment significantly increases the
complexity, responsibility, authority or
for other compelling reasons. Such an
increase is subject to specific guidelines
to be established by the Personnel
Management Board.
With regard to a temporary
assignment/promotion, an employee can
be rated if they are under approved
objectives for the position for a
minimum of 120 days. The payout is
calculated using the computations in
III.C.8. When a temporary promotion is
terminated, pay will be determined
based on the position of record, with
appropriate adjustments to reflect pay
events during the temporary promotion,
subject to policies established by the
Personnel Management Board. Those
adjustments may not increase the base
pay for the position of record beyond
the applicable pay band maximum base
pay. Internal operating procedures will
provide further guidance.
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C. Extraordinary Achievement
Recognition
Two comments were received about
the Extraordinary Achievement
Recognition.
Comments: One commenter suggested
that the Extraordinary Achievement
Recognition language be moved to a
separate section since it is considered
after and separate from the pay pool
payout process. The same commenter
also proposed that the Extraordinary
Achievement Recognition language be
revised to allow for bonus as an
alternative to a base pay increase since
capped employees would be precluded
from receiving this recognition.
Response: While an Extraordinary
Achievement Recognition is considered
after the pay pool payout process, it is
not entirely separate from the process
itself. Following the performance
evaluation process, the pay pool
manager is the agent who requests
permission from the Personnel
Management Board to grant a base pay
increase higher than the one generated
by the compensation formula for that
employee. However, senior management
is in agreement that a separate
paragraph would clarify the intent and
process for the Extraordinary
Achievement Recognition and the
provision has been moved to a separate
paragraph in III.C.9. ‘‘Base Pay Increases
and Bonuses.’’
As to the second comment, language
has been added to the new section at
III.C.9. as referenced above allowing for
the option to grant either a base pay
increase and/or a bonus as an
Extraordinary Achievement
Recognition. This permits employees
whose base pay is at the maximum of
their pay band to receive this
recognition.
D. Pay Bands
Two comments were received
concerning Pay Bands.
Comments: One commenter advised
that reconsideration be given to initial
placement of all GS–14 engineers and
scientists to the E&S occupational
family (DB) Pay Band IV and requested
clarification of how any subsequent
conversions for GS–14 E&S positions
will be handled. Another comment
received suggested that the number of
Pay Band V positions be expanded to
permit a certain number or percent at
each STRL since the current limited
number has already been allocated to
other organizations which would
preclude ECBC from having this
flexibility.
Response: We have carefully
considered these comments. With
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regard to placement of GS–14 E&S
employees, language has been changed
in III.A.1. and added in III.A.2. to reflect
that upon conversion into the
demonstration project, E&S employees
currently at grade GS–14 will be
assigned to either Pay Band III or Pay
Band IV based on a review of the duties
and responsibilities of the position as
compared to the classification criteria.
In response to the second comment,
the use of Pay Band V has proven to be
beneficial in recruiting and retaining
highly-qualified senior scientific
technical managers in those STRL
personnel demonstration projects that
have such positions. The limited
number of such positions makes it
difficult to meet the requirements of all
the STRLs who wish to use this
flexibility. The DoD is currently
reviewing all Pay Band V positions. No
change is proposed in the number of
Pay Band V positions pending the
completion of the DoD review.
E. Probationary Period
Two comments were received about
the extended probationary period.
Comments: One commenter advised
that a recent court decision limited the
intent of the extended probationary
period. The other commenter
questioned why the probationary period
is extended to three years and is only
applicable to new engineers and
scientists.
Response: The purpose of extending
the probationary period is to allow
supervisors a proper period of time to
fully evaluate an employee’s
performance and conduct. It applies to
newly hired engineers and scientists
since this group is often given advanced
training during their first year on the
job, which removes them from the
workplace and direct observations of
their performance. This can minimize
the time available for the supervisor to
determine whether the employee should
be retained beyond the probationary
period.
The extended probationary period of
up to three years allows supervisors
sufficient time to properly, objectively
and completely evaluate an employee’s
performance and conduct. Probationary
employees whose conduct and/or
performance is unsatisfactory may be
terminated in accordance with the
procedures in part 315 of title 5 of the
Code of Federal Regulations (CFR).
However, a recent court decision has
extended adverse action procedural and
substantive protections to individuals
defined as employees without regard to
whether the individuals are serving a
probationary period. To permit
termination during the probationary
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period without using adverse action
procedures, waivers have been added
under IX. ‘‘Required Waivers to Law
and Regulation’’ to allow for up to a
three-year probationary period and to
remove from the definition of employee,
except for those with veterans’
preference, those serving a probationary
period under an initial appointment.
If a probationary employee’s
performance is determined to be
satisfactory at a point prior to the end
of the three-year period, a supervisor
has the option of ending the
probationary period at an earlier date,
but not before the employee has
completed one year of continuous
service.
F. Conversion
Two comments were received related
to conversion into the demonstration
project.
Comments: One commenter inquired
whether management can place an
employee into a lower band upon
conversion than where they are under
the GS system. Another commenter
recommended that conversion of interns
into the demonstration project occur
when the employees reach their full
performance level for their GS position.
Response: Initial entry into the
demonstration project is accomplished
through a full employee-protection
approach that ensures initial placement
of each employee into a pay band with
no loss of pay upon conversion.
Employees are placed in an
occupational family (i.e., DB, DE, DK)
based upon their occupational series
and in a pay band that includes their
current grade. The GS–14 grade occurs
in two bands of the E&S occupational
family, which are Pay Band III and Pay
Band IV. The placement of GS–14
employees in the DB family will be
decided upon a review of the position’s
duties and responsibilities as compared
to the demonstration project
classification criteria and may occur in
either DB Pay Band III or DB Pay Band
IV. Placement of a GS–14 into DB–III,
however, is not placement in a lower
graded position.
As to the second comment, interns
typically receive several career
promotions prior to reaching their full
performance level. Average base pay
performance payouts may not provide
increases as substantial as career
promotions under the GS. Delaying
conversion into the demonstration
project pay bands until interns reach
their full performance level will assure
that the interns’ base pay is
commensurate with the full
performance level base pay rate.
Therefore, the language at II.E. has been
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revised to reflect that interns will not
convert into demonstration project pay
bands until they reach their full
performance level.
G. Classification
One comment was received
concerning classification.
Comment: One commenter questioned
that with the GS system having over 400
series and the laboratory demonstration
project with only 22, how classification
of positions will be conducted and who
(i.e., employees) will be involved in that
process.
Response: OPM series and position
titles will continue to be used in the
demonstration project. Based on the
nature of the work, the series will be
assigned to one of three occupational
families. A listing of the series assigned
to each occupational family for ECBC is
contained in Appendix B.
Demonstration project classification
criteria will be developed for each
occupational family. These
classification criteria will replace the
OPM classification standards and guides
for purposes of grading. The Technical
Director will have classification
authority and this authority may be redelegated. As is the case now, Civilian
Personnel Advisory Center (CPAC)
specialists will assist the classification
authority to assure that positions are
properly classified in accordance with
the demonstration project criteria.
On conversion into the demonstration
project, employees will be assigned to
an occupational family and pay band
based on their current occupational
series and grade. Since there is an
overlapping band for engineers and
scientists at the GS–14 level, the
assignment of the pay band will be on
a case-by-case basis. The classification
conversion will be performed by the
servicing Civilian Personnel Office, and
each employee will receive a
Notification of Personnel Action,
Standard Form 50, documenting the
change from GS to the demonstration
project. Employees will continue to be
able to initiate a classification appeal as
described in the operating procedures.
H. Promotion
One comment was received related to
promotion eligibility.
Comment: One commenter suggested
that the minimum score of ‘‘30’’ to be
eligible for a competitive promotion is
too high.
Response: We considered the
suggestion to lower the minimum
performance score of ‘‘30’’ required for
promotion eligibility. Scores of 10 and
higher are considered ‘‘acceptable
performance’’ and scores of 21 and
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higher earn a performance payout.
Setting a minimum score of 30 for
promotion sets the requirement higher
than the score for a performance payout
and may discourage the use of scores in
the 21 to 29 range. Accordingly, the
minimum performance score for
promotion has been changed from ‘‘30’’
to ‘‘21’’ in III.E.1. ‘‘Promotions.’’
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I. Reduction in Force (RIF)
One comment was received regarding
RIF.
Comment: One commenter asked
what criteria is used during a RIF.
Response: Existing RIF procedures
will be followed with slight
modifications. Separate competitive
areas will be established for
demonstration project employees at
each geographic location. Within each
competitive area, competitive levels will
be established based on the
occupational family (DB, DE, DK), pay
band, occupational series, etc. In order
to determine who is affected in a RIF,
employees are listed in RIF retention
order based on tenure group, veterans’
preference and adjusted length of
Federal service, in that sequence. An
employee’s length of service is adjusted
by receiving additional years of service
based on the last three total performance
scores during the preceding four years
(e.g., 48–50 = 10 years, 45–47 = 9 years,
and so on; refer to II.H.3.). A score
below 20 adds no credit for RIF. Under
the demonstration project, the adjusted
service computation date is calculated
by adding the additional years, not by
averaging.
J. Historical Analysis
Two comments were received
concerning demonstration project data
results.
Comment: One commenter questioned
acceptance of the demonstration project
in comparison to the GS system beyond
anecdotal evidence and inquired
whether surveys were conducted at
other demonstration project sites.
Another commenter asserted that
CERDEC has not presented data
showing a more effective organization
under the demo project.
Response: The Office of Personnel
Management (OPM) started conducting
surveys of STRL personnel
demonstration projects as far back as
1996 and have several reports, all of
which include CERDEC data subsequent
to its implementation, on their Web site
at https://www.opm.gov/aps/about/
reports/index.aspx. According to the
2006 report, ‘‘historic data for past
demonstration projects’’ * * * ‘‘show
support grows slowly over time and that
it takes at least five years to gain the
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support of two-thirds of the
participating employees. Typically,
support stabilizes at the two-thirds
level, and that level is considered a
benchmark with respect to the change
efforts these demonstration projects
represent.’’
K. Miscellaneous Comments
There were ten comments in this area
as follows:
(1) Positive Comment
One commenter voiced support of the
demonstration and remarked that the
flexibilities afforded will help the
Center achieve greater effectiveness.
(2) Administrative Changes/Technical
Updates
Two comments were received related
to administrative changes and technical
updates to the Federal Register
document.
Comments: One commenter advised
that updates throughout the document
were needed to reference ECBC rather
than CECOM RDE and to reflect legal or
regulatory changes. The same
commenter also suggested that the
occupational series listing in Appendix
B be revised to include those series
employed at ECBC.
Response: A number of changes were
made to the final Federal Register to
include ECBC as the name of the
organization; its organizational and
workforce information; approval
authorities; and technical modifications
to conform to changes in the law and
governing regulations. In addition, some
areas have been re-formatted for clarity
and to improve readability. Throughout
the document changes have been made
to clarify and provide consistent use of
pay terminology. Minor revisions have
been made to Appendix C: Performance
Elements to be consistent with the
descriptions currently in use by
CERDEC.
(3) Resources
One comment was received regarding
staffing requirements for the project.
Comment: One commenter asked
what additional staffing requirements
(personnel, software) are required to
implement the project.
Response: There is currently one
civilian who is assigned overall
demonstration project management
responsibility for ECBC. This employee
is assisted by a part-time contractor.
Staffing requirements may be adjusted
over the course of the project as
necessary. Each directorate/office will
continue to process personnel actions
through their respective human
resources analyst. It is expected that
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68941
various working groups beyond the
Personnel Management Board will be
established to contribute to various
components and phases of the project.
As to software, ECBC is planning to
adopt an existing automated system,
developed at Fort Monmouth, NJ. It’s a
Web-based tool that supports
development of position descriptions
and all actions in support of the pay-forperformance rating process. The
application enables employees to input
objectives and record accomplishments,
raters to score the performance, and
higher-level supervisors to review
employee scores and analyze scoring
trends to achieve greater consistency
across organizational lines.
(4) Reference to the National Security
Personnel System (NSPS)
Five comments were received that
made reference to NSPS.
Comment: Two comments cited
quotes from publications relating to
fairness under the NSPS pay-forperformance system. Two comments
cited quotes from articles and one
comment referenced the 2008 National
Defense Authorization Act (NDAA)
concerning inclusion of bargaining unit
members under NSPS. Management will
continue to comply with the labor
relation provisions of 5 U.S.C. 4703(f)
and 7117 concerning inclusion of
bargaining unit employees.
With regard to references concerning
inclusion of bargaining unit members
under NSPS, collective bargaining rights
are granted under Federal law and the
demonstration project does not impede
those rights. ECBC is committed to
meeting its bargaining obligation under
the law.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this Federal
Register shall be available for use by all
STRLs listed in section 9902(c)(2) of
title 5, United States Code, as
redesignated in section 1105 of Public
Law 111–84, if they wish to adopt them
in accordance with DoD Instruction
1400.37; pages 73248 to 73252 of
volume 73, Federal Register; and the
fulfilling of any collective bargaining
obligations.
Dated: December 17, 2009.
Patricia Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
Table of Contents
I. Executive Summary
II. Introduction
A. Purpose
B. Problems With the Present System
C. Changes Required/Expected Benefits
D. Participating Organizations
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E. Participating Employees and Union
Representation
F. Project Design
G. Personnel Management Board
III. Personnel System Changes
A. Pay Banding
B. Classification
C. Pay for Performance
D. Hiring Authority
E. Internal Placement
F. Pay Setting
G. Employee Development
H. Reduction-in-Force Procedures
IV. Implementation Training
V. Conversion
A. Conversion to the Demonstration Project
B. Conversion out of the Demonstration
Project
C. Personnel Administration
D. Automation
E. Experimentation and Revision
VI. Project Duration
VII. Evaluation Plan
A. Overview
B. Evaluation Model
C. Evaluation
D. Method of Data Collection
VIII. Demonstration Project Costs
A. Cost Discipline
B. Developmental Costs
IX. Required Waivers to Law and Regulation
A. Waivers to title 5, U.S.C.
B. Waivers to title 5, CFR
Appendix A: ECBC Employees by Duty
Locations
Appendix B: Occupational Series by
Occupational Family
Appendix C: Performance Elements
Appendix D: Intervention Model
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I. Executive Summary
This project adopts with some
modifications the STRL personnel
management demonstration project,
designed by the then named U.S. Army
Communications-Electronics Command
(CECOM), Research, Development and
Engineering (RDE) organizations, with
participation and review by the
Department of the Army (DA) and DoD.
After implementation of the CECOM
RDE demonstration project, CECOM
reorganized. Its laboratory, the
Communications-Electronics Research
Development and Engineering Center
(CERDEC), was realigned under
RDECOM. At the same time, the ECBC
was also realigned under RDECOM. The
ECBC includes the ECBC organization at
the Edgewood Area of Aberdeen Proving
Ground, employees matrixed to the Joint
Program Executive Office for Chemical/
Biological Defense (JPEO–CBD) and
ECBC employees with duty stations at
other sites.
The ECBC provides integrated
science, technology and engineering
solutions to address chemical and
biological vulnerabilities and threats.
ECBC’s core competency is working
with chemical and biological agents at
all stages of the materiel life cycle.
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ECBC maintains the following
fundamental capabilities:
(1) Chemistry and Bioscience of
Chemical and Biological Warfare.
(2) Inhalation Toxicology.
(3) Aerosol Physics.
(4) Filtration Sciences.
(5) Agent Spectroscopy/Algorithm
Development.
(6) Chemical and Biological Testing
and Evaluation.
(7) Chemical and Biological Materiel
Acquisition.
(8) Agent Handling and Surety.
(9) Chemical Munitions Field
Operations.
In order to sustain these unique
capabilities, the ECBC must be able to
hire, retain and continually motivate
enthusiastic, innovative, and highlyeducated scientists and engineers,
supported by skilled business
management and administrative
professionals as well as a skilled
administrative and technical support
staff.
The goal of the project is to enhance
the quality and professionalism of the
ECBC workforce through improvements
in the efficiency and effectiveness of the
human resource system. The project
interventions will strive to achieve the
best workforce for the ECBC mission,
adjust the workforce for change, and
improve workforce satisfaction. This
demonstration project extends the
CERDEC demonstration project to ECBC.
The CERDEC project built on the
concepts, and uses much of the same
language, as the demonstration projects
developed by the Army Research
Laboratory (ARL); the Aviation and
Missile Research, Development, and
Engineering Center (AMRDEC); the
Navy’s ‘‘China Lake;’’ and the National
Institute of Standards and Technology
(NIST). The results of the project will be
evaluated within five years of
implementation.
II. Introduction
A. Purpose
The purpose of the project is to
demonstrate that the effectiveness of
DoD STRLs can be enhanced by
expanding opportunities available to
employees and by allowing greater
managerial control over personnel
functions through a more responsive
and flexible personnel system. Federal
laboratories need more efficient, cost
effective, and timely processes and
methods to acquire and retain a highly
creative, productive, educated, and
trained workforce. This project, in its
entirety, attempts to improve
employees’ opportunities and provide
managers, at the lowest practical level,
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the authority, control, and flexibility
needed to achieve the highest quality
organization and hold them accountable
for the proper exercise of this authority
within the framework of an improved
personnel management system.
Many aspects of a demonstration
project are experimental. Modifications
may be made from time to time as
experience is gained, results are
analyzed, and conclusions are reached
on how the system is working. The
provisions of this project plan will not
be modified, or extended to individuals
or groups of employees not included in
the project plan without the approval of
the ODUSD(CPP). The provisions of
DoDI 1400.37, are to be followed for any
modifications, adoptions, or changes to
this demonstration project plan.
B. Problems With the Present System
The current Civil Service GS system
has existed in essentially the same form
since the 1920’s. Work is classified into
one of fifteen overlapping pay ranges
that correspond with the fifteen grades.
Base pay is set at one of those fifteen
grades and the ten interim steps within
each grade. The Classification Act of
1949 rigidly defines types of work by
occupational series and grade, with very
precise qualifications for each job. This
system does not quickly or easily
respond to new ways of designing work
and changes in the work itself.
The performance management model
that has existed since the passage of the
Civil Service Reform Act has come
under extreme criticism. Employees
frequently report there is inadequate
communication of performance
expectations and feedback on
performance. There are perceived
inaccuracies in performance ratings
with general agreement that the ratings
are inflated and often unevenly
distributed by grade, occupation and
geographic location.
The need to change the current hiring
system is essential as ECBC must be able
to recruit and retain scientific,
engineering, acquisition support and
other professionals and skilled
technicians. ECBC must be able to
compete with the private sector for the
best talent and be able to make job offers
in a timely manner with the attendant
bonuses and incentives to attract highquality employees.
Finally, current limitations on
training, retraining and otherwise
developing employees make it difficult
to correct skill imbalances and to
prepare current employees for new lines
of work to meet changing missions and
emerging technologies.
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C. Changes Required/Expected Benefits
The primary benefit expected from
this demonstration project is greater
organizational effectiveness through
increased employee satisfaction. The
long-standing Department of the Navy
‘‘China Lake’’ and NIST demonstration
projects have produced impressive
statistics on increased job satisfaction
and quality of employees versus that for
the Federal workforce in general. This
project will demonstrate that a human
resource system tailored to the mission
and needs of the ECBC workforce will
facilitate:
(1) Increased quality in the workforce
and resultant products,
(2) Increased timeliness of key
personnel processes,
(3) Increased retention of ‘‘excellent
performers,’’
(4) Increased success in recruitment of
personnel with critical skills,
(5) Increased management authority
and accountability,
(6) Increased satisfaction of
customers, and
(7) Increased workforce satisfaction
with the personnel management system.
An evaluation model was developed for
the Director, Defense, Research and
Engineering (DDR&E) in conjunction
with STRL service representatives and
the OPM. The model will measure the
effectiveness of this demonstration
project, as modified in this plan, and
will be used to measure the results of
specific personnel system changes.
D. Participating Organizations
The RDECOM ECBC is comprised of
the ECBC at the Edgewood Area of
Aberdeen Proving Ground, Maryland,
ECBC employees matrixed to JPEO–CBD
and ECBC employees geographically
dispersed at the locations shown in
Appendix A. It should be noted that
some sites currently employ fewer than
ten people and that the sites may change
should ECBC reorganize or realign.
Successor organizations will continue
coverage in the demonstration project.
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E. Participating Employees and Union
Representation
This demonstration project will cover
approximately 1,100 ECBC civilian
employees under title 5, U.S.C. in the
occupations listed in Appendix B. The
project plan does not cover members of
the Senior Executive Service (SES),
Scientific and Professional (ST)
employees, Federal Wage System (FWS)
employees, employees presently
covered by the Defense Civilian
Intelligence Personnel System (DCIPS),
Department of Army (DA) and Army
Command centrally funded interns and
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students employed under the Student
Career Experience Program. Employees
on temporary appointments will not be
covered in the demonstration project.
Department of Army, Army Command
centrally funded, and local interns
(hired prior to implementation of the
project) will not be converted to the
demonstration project until they reach
their full performance level. They will
also continue to follow the TAPES
performance appraisal system. Local
interns hired after implementation of
the project will be covered by all terms
of the demonstration project.
The National Federation of Federal
Employees (NFFE), Federal District 1,
Local 178 and the American Federation
of Government Employees (AFGE) Local
15 represent a majority of ECBC
employees. Of those employees assigned
to ECBC, approximately 87% are
represented by a labor union.
To foster union acceptance of ECBC’s
proposed personnel demonstration
project, initial discussions with the
local NFFE union began in May 2006.
Later that same month, at ECBC’s
invitation, the NFFE Local 178
participated in a presentation briefed by
CERDEC which covered the major
aspects of their personnel
demonstration project plan. Subsequent
to this meeting, senior leadership for
both ECBC and NFFE Local 178 had
changed. ECBC’s new Technical
Director continued to support the
former Director’s initiative to adopt a
personnel demonstration project and
committed to the effort. In July 2008,
senior management arranged for another
meeting with NFFE which included the
new local president and regional
representative to re-introduce and
discuss key features of the project plan.
In October 2008, ECBC began similar
discussions with the AFGE Local 15.
ECBC has maintained on-going
communication with the Unions
regarding its intent to pursue approval
for a laboratory personnel
demonstration project. The unions have
received updates as specific phases of
the project have evolved and have been
invited to attend town hall meetings and
smaller information sessions provided
to the workforce. ECBC will continue to
fulfill its obligation to consult and/or
negotiate with all labor organizations in
accordance with 5 U.S.C. Sections
4703(f) and 7117.
F. Project Design
The ECBC has been a DOD STRL
since June 1995. This status authorized
ECBC to participate in all of the STRL
initiatives, to include the authority to
carry out personnel demonstration
projects. In December 2005, RDECOM
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Headquarters asked ECBC of their intent
to pursue a personnel demonstration
project. In-depth discussions with both
CERDEC and NSRDEC resulted in an
ECBC Laboratory Demonstration
decision brief to its senior leadership in
April 2006. At the conclusion of that
briefing, ECBC senior leadership voted
to move toward adopting CERDEC’s
existing laboratory personnel
demonstration project. Subsequently,
the ECBC submitted a request to adopt
the CERDEC demonstration project. The
CERDEC demonstration project was the
most recently approved demonstration
project, used an inclusive approach for
its design, and benefitted from the
experiences of prior STRL
demonstration projects. After the
enactment of the National Defense
Authorization Act for Fiscal Year 2008
providing for full implementation of the
personnel demonstration project, the
DoD announced ECBC’s intent to adopt
the CERDEC demonstration project in 73
FR 73248, December 2, 2008.
G. Personnel Management Board
ECBC has created a Personnel
Management Board to oversee and
monitor the fair, equitable, and
consistent implementation of the
provisions of the demonstration project
to include establishment of internal
controls and accountability. Members of
the board are senior leaders appointed
by the ECBC Technical Director. As
needed, ad hoc members, (such as labor
counsel, human resource
representatives, etc.) will serve as
advisory members to the board.
The board will execute the following:
(1) Determine the composition of the
pay-for-performance pay pools in
accordance with the guidelines of this
proposal and internal procedures;
(2) Review operation of pay pools and
provide guidance to pay pool managers;
(3) Oversee disputes in pay pool
issues;
(4) Formulate and execute the civilian
pay budget;
(5) Manage the awards pools;
(6) Determine hiring and promotion
base pay as well as exceptions to payfor-performance base pay increases;
(7) Conduct classification review and
oversight, monitoring and adjusting
classification practices and deciding
board classification issues;
(8) Approve major changes in position
structure;
(9) Address issues associated with
multiple pay systems during the
demonstration project;
(10) Establish Standard Performance
Elements and Benchmarks;
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(11) Assess the need for changes to
demonstration project procedures and
policies;
(12) Review requests for Supervisory/
Team Leader Base Pay Adjustments and
provide recommendations to the
appropriate Center Director;
(13) Ensure in-house budget
discipline;
(14) Manage the number of employees
by occupational family and pay band;
(15) Develop policies and procedures
for administering Developmental
Opportunity Programs;
(16) Ensure that all employees are
treated in a fair and equitable manner in
accordance with all policies, regulations
and guidelines covering this
demonstration project; and
(17) Monitor the evaluation of the
project.
III. Personnel System Changes
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A. Pay Banding
The design of the ECBC pay banding
system takes advantage of the many
reviews performed by DA and DoD. The
design has the benefit of being preceded
by exhaustive studies of pay banding
systems currently practiced in the
Federal sector, to include those
practiced by the Navy’s ‘‘China Lake’’
experiment and NIST. The pay banding
system will replace the current GS
structure. Currently, the fifteen grades of
the GS are used to classify positions
and, therefore, to set pay. The GS covers
all white-collar work-administrative,
technical, clerical and professional.
Changes in this rigid structure are
required to allow flexibility in hiring,
developing, retaining, and motivating
the workforce.
1. Occupational Families
Occupations with similar
characteristics will be grouped together
into one of three occupational families
with pay band levels designed to
facilitate pay progression. Each
occupational family will be composed
of pay bands corresponding to
recognized advancement and career
progression expected within the
occupations. These pay bands will
replace individual grades and will not
be the same for each occupational
family. Each occupational family will be
divided into three to five pay bands
with each pay band covering the same
pay range now covered by one or more
GS grades. Employees track into an
occupational family based on their
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current series as provided in Appendix
B. With the exception of the Engineering
and Science Pay Band III and IV *,
employees are initially assigned to the
highest band in which their grade fits.
For example a Management Analyst,
GS–343–12, in the Business and
Technical occupational family is
assigned to Pay Band III as illustrated in
Figure 1. The upper and lower pay rate
for base pay of each band is defined by
the GS rate for the grade and step as
indicated in Figure 1 except for Pay
Band V of the E&S occupational family
(refer to III.A.3.). Comparison to the GS
grades was used in setting the upper
and lower base pay dollar limits of the
pay band levels. However, once
employees are moved into the
demonstration project, GS grades will
no longer apply. The current
occupations have been examined, and
their characteristics and distribution
have served as guidelines in the
development of the following three
occupational families:
Engineering and Science (E&S) (Pay
Plan DB): This occupational family
includes technical professional
positions, such as engineers, physicists,
chemists, mathematicians, operations
research analysts and computer
scientists. Specific course work or
educational degrees are required for
these occupations. Five bands have been
established for the E&S occupational
family:
(1) Band I is a student trainee track
covering GS–1, step 1 through GS–4,
step 10.
(2) Band II is a developmental track
covering GS–5, step 1 through GS–11,
step 10.
(3) Band III * is a full-performance
technical track covering GS–12, step 1
through GS–14, step 10.
(4) Band IV * includes both senior
technical positions along with
supervisors/managers covering GS–14,
step 1 through GS–15, step 10.
(5) Band V is a senior scientifictechnical manager. The pay range is:
Minimum base pay is 120 percent of the
minimum base pay of GS–15; maximum
base pay is Level IV of the Executive
Schedule (EX–IV); and maximum
adjusted base pay is Level III of the
Executive Schedule (EX–III).
* Bands III and IV overlap at the end
and start points. These two bands have
been designed following a feature used
by the Navy’s ‘‘China Lake’’ project.
Upon conversion into the demonstration
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project, employees in the E&S family
currently at grade GS–14 will be
assigned to either Band III or Band IV
based on a review of the duties and
responsibilities of the position as
compared to the classification criteria.
Business & Technical (B&T) (Pay Plan
DE): This occupational family includes
such positions as computer specialists,
equipment specialists, quality assurance
specialists, telecommunications
specialists, engineering and electronics
technicians, procurement coordinators,
finance, accounting, administrative
computing, and management analysis.
Employees in these positions may or
may not require specific course work or
educational degrees. Four bands have
been established for the B&T
occupational family:
(1) Band I is a student trainee track
covering GS–1, step 1 through GS–4,
step 10.
(2) Band II is a developmental track
covering GS–5, step 1 through GS–11,
step 10.
(3) Band III is a full performance track
covering GS–12, step 1 through GS–13,
step 10.
(4) Band IV is a senior technical/
manager track covering GS–14, step 1
through GS–15, step 10.
General Support (GEN) (Pay Plan DK):
This occupational family is composed of
positions for which specific course work
or educational degrees are not required.
Clerical work usually involves the
processing and maintenance of records.
Assistant work requires knowledge of
methods and procedures within a
specific administrative area. This family
includes such positions as secretaries,
office automation clerks, and budget/
program/computer assistants. Three
bands have been established for the
GEN occupational family:
(1) Band I includes entry-level
positions covering GS–1, step 1 through
GS–4, step 10.
(2) Band II includes full-performance
positions covering GS–5, step 1 through
GS–8, step 10.
(3) Band III includes senior
technicians/assistants/secretaries
covering GS–9 step 1 through step 10.
2. Pay Band Design
The pay bands for the occupational
families and how they relate to the
current GS framework are shown in
Figure 1.
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68945
FIGURE 1—PAY BAND CHART
Equivalent GS grades
Occupational family
I
E&S .......................................................................
Business & Technical ...........................................
General Support ....................................................
Employees will be converted into the
occupational family and pay band that
corresponds to their GS/GM series and
grade. With respect to conversion of
Engineering and Science GS–14
positions, placement to a DB–III or DB–
IV will be based on a review of the
duties and responsibilities of the
position as compared to the
classification criteria. Each employee
converted to the demonstration project
is assured, upon conversion, an initial
place in the system without loss of pay.
New hires will ordinarily be placed at
the lowest base pay rate in a pay band.
Exceptional qualifications, specific
organizational requirements, or other
compelling reasons may lead to a higher
entrance base pay within a band. As the
rates of the GS are increased due to the
annual general pay increases, the upper
and lower base pay rates of the pay
bands will also increase. Since pay
progression through the bands depends
directly on performance, there will be
no scheduled Within-Grade Increases
(WGIs) or Quality Step Increases (QSIs)
for employees once the pay banding
system is in place. Special rate
schedules will no longer be applicable
to demonstration project employees.
Special provisions have been included
to ensure no loss of pay upon
conversion (See III.E.9. Staffing
Supplements).
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3. Pay Band V
The pay banding plan expands the
pay banding concept used at ‘‘China
Lake’’ and NIST by creating Pay Band V
for the E&S occupational family. This
pay band is designed for Senior
Scientific Technical Managers (SSTM).
The current definitions of Senior
Executive Service (SES) and Scientific
and Professional (ST) positions do not
fully meet the needs of the ECBC
organization.
The SES designation is appropriate
for executive level managerial positions
whose classification exceeds GS–15.
The primary competencies of SES
positions relate to supervisory and
managerial responsibilities. Positions
classified as ST are designed for bench
research scientists and engineers. These
positions require a very high level of
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II
III
IV
GS–01—GS–04
GS–01—GS–04
GS–01—GS–04
GS–05—GS–11
GS–05—GS–11
GS–05—GS–08
GS–12—GS–14
GS–12—GS–13
GS–9.
GS–14—GS–15
GS–14—GS–15.
technical expertise and have little or no
supervisory responsibilities.
The ECBC has positions that may
warrant classification above GS–15
because of their technical expertise
requirements. These positions have
characteristics of both SES and ST
classifications. Most of these positions
are responsible for supervising other
GS–15 positions, including lower level
supervisors, non-supervisory engineers
and scientists, and in some cases ST
positions. The supervisory and
managerial requirements exceed those
appropriate for ST positions.
Management considers the primary
requirement for these positions to be
knowledge of and expertise in the
specific scientific and technology areas
related to the mission of their
organization, rather than the executive
leadership qualifications that are
characteristic of the SES. Historically,
incumbents of these positions have been
recognized within the community as
scientific and engineering leaders who
possess strong managerial and
supervisory abilities. Therefore,
although some of these employees have
scientific credentials that might
compare favorably with ST criteria,
classification of these positions as STs
is not an option because the managerial
and supervisory responsibilities cannot
be ignored.
Pay Band V will apply to a new
category of positions designated as
Senior Scientific Technical Managers
(SSTM). Positions so designated will
include those requiring scientific/
engineering technical expertise and full
managerial and supervisory authority.
Their scientific/engineering technical
expertise and responsibilities warrant
classification above the GS–15 level.
Current GS–15 positions will convert
into the demonstration project at Pay
Band IV. After conversion these
positions will be reviewed against
established criteria to determine if the
positions should be reclassified to Pay
Band V. Other positions possibly
meeting criteria for designation as
SSTM will be reviewed on a case-bycase basis. The pay range for SSTM
positions is: minimum base pay is 120
percent of the minimum base pay of
GS–15; maximum rate of base pay is
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V
>GS–15.
Level IV of the Executive Schedule (EX–
IV); and maximum adjusted base pay is
Level III of the Executive Schedule (EX–
III). Adjusted base pay is base rate plus
locality or staffing supplement as
appropriate.
Vacant SSTM positions will be filled
competitively to ensure that selectees
are preeminent technical leaders in
specialty fields who also possess
substantial managerial and supervisory
abilities. Panels will be created to assist
in filling SSTM positions. Panel
members typically will be SES
members, ST employees and later those
designated as SSTMs. In addition,
General Officers and recognized
technical experts from outside ECBC
may also serve as appropriate. The
panel will apply criteria developed
largely from the OPM Research Grade
Evaluation Guide for positions
exceeding the GS–15 level and other
OPM guidance related to positions
exceeding the GS–15 level. The purpose
of the panel is to ensure impartiality,
breadth of technical expertise, and a
rigorous and demanding review.
SSTM positions will be subject to
limitations imposed by DoD. SSTM
positions will be established only in a
STRL that employs scientists, engineers,
or both. Incumbents of these positions
will work primarily in their professional
technical capacity on research and
development and secondarily, will
perform managerial or supervisory
duties.
The final component of Pay Band V
is the management of all Pay Band V
assets. Specifically, this authority will
be exercised at the DA level, and
includes the following: authority to
classify, create, or abolish positions
within the limitations imposed by DoD;
recruit and reassign employees in this
pay band; set pay and appraise
performance under this project’s payfor-performance system.
B. Classification
1. Occupational Series
The present GS classification system
has over 400 occupational series, which
are divided into 23 occupational
groupings. ECBC currently has positions
in approximately 65 occupational series
that fall into 16 occupational groupings.
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All positions listed in Appendix B will
be in the classification structure.
Provisions will be made for including
other occupations in response to
changing missions.
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2. Classification Standards and Position
Descriptions
ECBC will use CERDEC’s fully
automated classification system
modeled after the Navy’s ‘‘China Lake’’
and ARL’s automated systems. ARL
developed a Web-based automated
classification system that can create
standardized, classified position
descriptions under the new pay banding
system in a matter of minutes. The
present system of OPM classification
standards will be used for the
identification of proper series and
occupational titles of positions within
the demonstration project. Current OPM
position classification standards will
not be used to grade positions in this
project. However, the grading criteria in
those standards will be used as a
framework to develop new and
simplified standards for the purpose of
pay band determinations. The objective
is to record the essential criteria for each
pay band within each occupational
family by stating the characteristics of
the work, the responsibilities of the
position, and the competencies
required. New position descriptions will
replace the current DA job descriptions.
The classification standard for each pay
band will serve as an important
component in the new position
description, which will also include
position-specific information, and
provide data element information
pertinent to the job. The computerassisted process will produce
information necessary for position
descriptions. The new descriptions will
be easier to prepare, minimize the
amount of writing time and make the
position description a more useful and
accurate tool for other personnel
management functions.
Specialty work codes (narrative
descriptions) will be used to further
differentiate types of work and the
competencies required for particular
positions within an occupational family
and pay band. Each code represents a
specialization or type of work within
the occupation.
3. Fair Labor Standards Act
Fair Labor Standards Act (FLSA)
exemption and non-exemption
determinations will be consistent with
criteria found in 5 CFR part 551. All
employees are covered by the FLSA
unless they meet the criteria for
exemption. The duties and
responsibilities outlined in the
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classification standards for each pay
band will be compared to the FLSA
criteria. As a general rule, the FLSA
status can be matched to occupational
family and pay band as indicated in
Figure 2. For example, positions
classified in Pay Band I of the E&S
occupational family are typically
nonexempt, meaning they are covered
by the overtime entitlements prescribed
by the FLSA. An exception to this
guideline includes supervisors/
managers whose primary duty meet the
definitions outlined in the OPM GS
Supervisory Guide. Therefore,
supervisors/managers in any of the pay
bands who meet the foregoing criteria
are exempt from the FLSA. Supervisors
with classification authority will make
the determinations on a case-by-case
basis by comparing assigned duties and
responsibilities to the classification
standards for each pay band and the 5
CFR 551 FLSA criteria. Additionally,
the advice and assistance of the
servicing CPAC will be obtained in
making determinations. The benchmark
position descriptions will not be the
sole basis for the determination. Basis
for exemption will be documented and
attached to each position description.
Exemption criteria will be narrowly
construed and applied only to those
employees who clearly meet the spirit of
the exemption. Changes will be
documented and provided to the CPAC.
ongoing consultation and guidance to
managers and supervisors throughout
the classification process. These
decisions will be documented on the
position description.
Note: Although typical exemption status
under the various pay bands is shown in the
above table, actual FLSA exemption
determinations are made on a case-by-case
basis.
1. Overview
5. Classification Appeals
Classification appeals under this
demonstration project will be processed
using the following procedures: An
employee may appeal the determination
of occupational family, occupational
series, position title, and pay band of
his/her position at any time. An
employee must formally raise the area of
concern to supervisors in the immediate
chain of command, either verbally or in
writing. If the employee is not satisfied
with the supervisory response, he/she
may then appeal to the DoD appellate
level. Appeal decisions rendered by
DoD will be final and binding on all
administrative, certifying, payroll,
disbursing, and accounting officials of
the government. Classification appeals
are not accepted on positions which
exceed the equivalent of a GS–15 level.
Time periods for cases processed under
5 CFR part 511 apply.
An employee may not appeal the
accuracy of the position description, the
demonstration project classification
criteria, or the pay-setting criteria; the
assignment of occupational series to the
occupational family; the propriety of a
pay schedule; or matters grievable under
an administrative or negotiated
FIGURE 2—FLSA STATUS
grievance procedure, or an alternative
[Pay bands]
dispute resolution procedure.
The evaluations of classification
Occupational
appeals under this demonstration
I
II
III
IV
V
family
project are based upon the
demonstration project classification
E&S ............... N
N/E E
E
E
criteria. Case files will be forwarded for
B&T ............... N
N/E E
E
adjudication through the CPAC
GEN ............... N
N
E
providing personnel service and will
N—Non-Exempt from FLSA; E—Exempt include copies of appropriate
from FLSA.
N/E—Exemption status determined on a demonstration project criteria.
case-by-case basis.
C. Pay for Performance
4. Classification Authority
The ECBC Technical Director will
have delegated classification authority
and may, in turn, re-delegate this
authority to appropriate levels. Position
descriptions will be developed to assist
managers in exercising delegated
position classification authority.
Managers will identify the occupational
family, job series, functional code,
specialty work code, pay band level,
and the appropriate acquisition codes.
Personnel specialists will provide
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The purpose of the pay-forperformance system is to provide an
effective, efficient, and flexible method
for assessing, compensating, and
managing the ECBC workforce. It is
essential for the development of a
highly productive workforce and to
provide management at the lowest
practical level, the authority, control,
and flexibility needed to achieve a
quality organization and meet mission
requirements. The pay-for-performance
system allows for more employee
involvement in the assessment process,
strives to increase communication
between supervisor and employee,
promotes a clear accountability of
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performance, facilitates employee career
progression, and provides an
understandable and rational basis for
pay changes by linking pay and
performance.
The pay-for-performance system uses
annual performance payouts that are
based on the employee’s total
performance score rather than withingrade increases, quality step increases,
promotions from one grade to another
where both grades are now in the same
pay band (i.e., there are no within-band
promotions) and performance awards.
The normal rating period will be one
year. The minimum rating period will
be 120 days. Pay-for-performance
payouts can be in the form of increases
to base pay and/or in the form of
bonuses that are not added to base pay
but rather are given as a lump sum
bonus. Other awards such as special
acts, time-off awards, etc., will be
retained separately from the pay-forperformance payouts.
The system will have the flexibility to
be modified, if necessary, as more
experience is gained under the project.
2. Performance Objectives
Performance objectives define a target
level of activity, expressed as a tangible,
measurable objective, against which
actual achievement can be compared.
These objectives will specifically
identify what is expected of the
employee during the rating period and
will typically consist of three to ten
results-oriented statements. The
employee and his/her supervisor will
jointly develop the employee’s
performance objectives at the beginning
of the rating period. These are to be
reflective of the employee’s duties/
responsibilities and pay band along
with the mission/organizational goals
and priorities. Objectives will be
reviewed annually and revised upon
changes in pay reflecting increased
responsibilities commensurate with pay
increases. Use of generic one-size-fits-all
objectives will be avoided, as
performance objectives are meant to
define an individual’s specific
responsibilities and expected
accomplishments. In contrast,
performance elements as described in
the next paragraph will identify generic
performance characteristics, against
which the accomplishment of objectives
will be measured. As a part of this
demonstration project, training focused
on overall organizational objectives and
the development of performance
objectives will be held for both
supervisors and employees.
Performance objectives may be jointly
modified, changed or deleted as
appropriate during the rating cycle. As
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a general rule, performance objectives
should only be changed when
circumstances outside the employee’s
control prevent or hamper the
accomplishment of the original
objectives. It is also appropriate to
change objectives when mission or
workload shifts occur.
3. Performance Elements
Performance elements define generic
performance characteristics that will be
used to evaluate the employee’s success
in accomplishing his/her performance
objectives. The use of generic
characteristics for scoring purposes
helps to ensure comparable scores are
assigned while accommodating diverse
individual objectives. This pay-forperformance system will utilize those
performance elements provided in
Appendix C. All elements are critical. A
critical performance element is defined
as an attribute of job performance that
is of sufficient importance that
performance below the minimally
acceptable level requires remedial
action and may be the basis for
removing an employee from his/her
position. Non-critical elements will not
be used. Each of the performance
elements will be assigned a weight,
which reflects its importance in
accomplishing an individual’s
performance objectives. A minimum
weight is set for each performance
element. The sum of the weights for all
of the elements must equal 100.
A single set of performance elements
will be used for evaluating the annual
performance of all ECBC personnel
covered by this plan. This set of
performance elements may evolve over
time, based on experience gained during
each rating cycle. This evolution is
essential to capture the critical
characteristics the organization
encourages in its workforce toward
meeting individual and organizational
objectives. This is particularly true in an
environment where technology and
work processes are changing at an
increasingly rapid pace. The ECBC
Personnel Management Board will
annually review the set of performance
elements and set them for the entire
organization before the beginning of the
rating period. The following is an initial
set of performance elements along with
their minimum weight:
(1) Technical Competence (Minimum
Weight: 15%).
(2) Interpersonal Skills (Minimum
Weight: 10%).
(3) Management of Time and
Resources (Minimum Weight: 15%).
(4) Customer Satisfaction (Minimum
Weight: 10%).
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68947
(5) Team/Project Leadership
(Minimum Weight: 15%).
(6) Supervision/Equal Employment
Opportunity (EEO) (Minimum Weight:
25%).
All employees will be rated against
the first four performance elements.
Team/Project Leadership is mandatory
for team leaders (within this document
‘‘team leader’’ refers to non-supervisory
team leaders as determined by the OPM
GS Leader Grade Evaluation Guide).
Supervision/EEO is mandatory for all
managers/supervisors. At the beginning
of the rating period, pay pool managers
will review the objectives and weights
assigned to employees within the pay
pool, to verify consistency and
appropriateness.
4. Performance Feedback and Formal
Ratings
The most effective means of
communication is person-to-person
discussion between supervisors and
employees of requirements,
performance goals and desired results.
Employees and supervisors alike are
expected to actively participate in these
discussions for optimum clarity
regarding expectations and identify
potential obstacles to meeting goals. In
addition, employees should explain (to
the extent possible) what they need
from their supervisor to support goal
accomplishment. The timing of these
discussions will vary based on the
nature of work performed, but will
occur at least at the mid-point and end
of the rating period. The supervisor and
employee will discuss job performance
and accomplishments in relation to the
performance objectives and elements. At
least one review, normally the midpoint review, will be documented as a
formal progress review. More frequent,
task specific, discussions may be
appropriate in some organizations. In
cases where work is accomplished by a
team, team discussions regarding goals
and expectations will be appropriate.
The employee will provide a list of
his/her accomplishments to the
supervisor at both the mid-point and
end of the rating period. An employee
may elect to provide self-ratings on the
performance elements and/or solicit
input from team members, customers,
peers, supervisors in other units,
subordinates, and other sources which
will permit the supervisor to fully
evaluate accomplishments during the
rating period.
At the end of the rating period,
following a review of the employee’s
accomplishments, the supervisor will
rate each of the performance elements
by assigning a score between 0 and 50.
Benchmark performance standards have
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been developed that describe the level
of performance associated with a score.
Using these benchmarks, the supervisor
decides where (at any point on a scale
of 0 to 50) the performance of the
employee fits and assigns an
appropriate score. It should be noted
that these scores are not discussed with
the employee or considered final until
all scores are reconciled and approved
by the pay pool manager. The element
scores will then be multiplied by the
element-weighting factor to determine
the weighted score expressed to two
decimal points. The weighted scores for
each element will then be totaled to
determine the employee’s overall
appraisal score and rounded to a whole
number as follows: if the digit to the
right of the decimal is between five and
nine, it should be rounded to the next
higher whole number; if the digit to the
right of the decimal is between one and
four, it should be dropped.
A total score of 10 or above will result
in a rating of acceptable. A total score
of 9 or below will result in a rating of
unacceptable, and requires the
employee be placed on a Performance
Improvement Plan (PIP) immediately or
following a temporary assignment. A
score of 9 or below in a single element
will also result in a rating of
unacceptable, and requires the
employee be placed on a PIP. A new
rating of record will be issued if the
employee’s performance improves to an
acceptable level at the conclusion of the
PIP.
5. Unacceptable Performance
Informal employee performance
reviews will be a continuous process so
that corrective action, to include placing
an employee on a PIP, may be taken at
any time during the rating cycle.
Whenever a supervisor recognizes an
employee’s performance on one or more
performance elements is unacceptable,
the supervisor should immediately
inform the employee. Efforts will be
made to identify the possible reasons for
the unacceptable performance. An
employee who is on a PIP is not eligible
to receive the general pay increase (refer
to III.C.13.).
As an informal first step, the
supervisor and employee may explore a
temporary assignment to another unit in
the organization. This recognizes that
conflicts sometimes occur between a
supervisor and an employee, or that an
employee may be assigned to a position
for which he/she is not suited. The
supervisor is under no obligation to
explore this option prior to taking more
formal action. If the temporary
assignment is not possible or has not
worked out, and the employee
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continues to perform at an unacceptable
level or has received an unacceptable
rating, written notification outlining the
unacceptable performance will be
provided to the employee. At this point
an opportunity to improve will be
structured in a PIP. The supervisor will
identify the items/actions that need to
be corrected or improved, outline
required time frames (no less than 30
days) for such improvement, and
provide the employee with any
available assistance as appropriate.
Progress will be monitored during the
PIP, and all counseling sessions will be
documented.
If the employee’s performance is
acceptable at the conclusion of the PIP,
no further action is necessary. If a PIP
ends prior to the end of the annual
performance cycle and the employee’s
performance improves to an acceptable
level, the employee is appraised again at
the end of the annual performance
cycle.
If the employee fails to improve
during the PIP, the employee will be
given notice of proposed appropriate
action. This action can include removal
from the Federal service, placement in
a lower pay band with a corresponding
reduction in pay (demotion), reduction
in pay within the same pay band, or
change in position or occupational
family. For the most part, employees
with an unacceptable rating will not be
permitted to remain at their current pay
and may be reduced in pay band.
Reductions in base pay within the same
pay band or changes to a lower pay
band will be accomplished with a
minimum of a five-percent decrease in
an employee’s base pay.
Note: Nothing in this subsection will
preclude action under 5 U.S.C. chapter 75,
when appropriate.
All relevant documentation
concerning a reduction in pay or
removal based on unacceptable
performance will be preserved and
made available for review by the
affected employee or a designated
representative. As a minimum, the
record will consist of a copy of the
notice of proposed personnel action, the
employee’s written reply, if provided, or
a summary when the employee makes
an oral reply. Additionally, the record
will contain the written notice of
decision and the reasons therefore along
with any supporting material (including
documentation regarding the
opportunity afforded the employee to
demonstrate improved performance).
If the employee’s performance
deteriorates to an unacceptable level, in
any element, within two years from the
beginning of a PIP, follow-on actions
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may be initiated with no additional
opportunity to improve. If an
employee’s performance is at an
acceptable level for two years from the
beginning of the PIP, and performance
once again declines to an unacceptable
level, the employee will be given an
additional opportunity to improve,
before management proposes follow-on
actions.
6. Reconciliation Process
Following the initial scoring of each
employee by the rater, the rating
officials in an organizational unit, along
with their next level of supervision, will
meet to ensure consistency and equity
of the ratings. In this step, each
employee’s performance objectives,
accomplishments, preliminary scores
and pay are compared. Through
discussion and consensus building,
consistent and equitable ratings are
reached. Managers will not prescribe a
distribution of total scores. The pay pool
manager will then chair a final review
with the rating officials who report
directly to him or her to validate these
ratings and resolve any scoring issues. If
consensus cannot be reached in this
process, the pay pool manager makes all
final decisions. After this reconciliation
process is complete, scores are finalized.
Payouts proceed according to each
employee’s final score and adjusted base
pay. Upon approval of this plan,
implementing procedures and
regulations will provide details on this
process to employees and supervisors.
7. Pay Pools
ECBC employees will be placed into
pay pools. Pay pools are combinations
of organizational elements (e.g.,
Directorates, Divisions, Branches,
Teams, etc.) that are defined for the
purpose of determining performance
payouts under the pay-for-performance
system. The guidelines in the next
paragraph are provided for determining
pay pools. These guidelines will
normally be followed. However, the
ECBC Technical Director may deviate
from the guidelines if there is a
compelling need to do so and document
their rationale in writing.
The ECBC Technical Director will
establish pay pools. Typically, pay
pools will have between 35 and 300
employees. A pay pool should be large
enough to encompass a reasonable
distribution of ratings but not so large as
to compromise rating consistency.
Supervisory personnel will be placed in
a pay pool separate from subordinate
non-supervisory personnel. Team
leaders classified by the GS Leader
Grade Evaluation Guide will be
included in a supervisory pay pool.
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Those team leaders who have project
responsibility but who do not actually
lead other workers will be included in
a non-supervisory pay pool. Neither the
pay pool manager nor supervisors
within a pay pool will recommend or
set their own individual pay. Decisions
regarding the amount of the
performance payout are based on the
established formal payout calculations.
Funds within a pay pool available for
performance payouts are calculated
from anticipated pay increases under
the existing system and divided into
two components, base pay and bonus.
The funds within a pay pool used for
base pay increases, are those that would
have been available from within-grade
increases, quality step increases and
promotions (excluding the costs of
promotions still provided under the
banding system). This amount will be
defined based on historical data and
will be set at no less than two percent
of total adjusted base pay annually. The
funds available to be used for bonus
payouts are funded separately within
the constraints of the organization’s
overall award budget. This amount will
be defined based on historical data and
at no less than one percent of total
adjusted base pay annually. The sum of
these two factors is referred to as the
pay pool percentage factor. The ECBC
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9. Base Pay Increases and Bonuses
The amount of money available for
performance payouts is divided into two
components, base pay increases and
bonuses. The base pay and bonus funds
are based on the pay pool funding
formula established annually. Once the
individual performance amounts have
been determined, the next step is to
determine what portion of each payout
will be in the form of a base pay
increase as opposed to a bonus
payment. The payouts made to
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Score = Shares
50 = 3
40 = 2
30 = 1
21 = .1
10 – 20 = 0
< = 9 = 0 (Performance Improvement Plan
required).
Fractional shares will be awarded for
scores that fall in between these scores.
For example: A score of 38 will equate
to 1.8 shares, and a score of 44 will
equate to 2.4 shares.
The value of a share cannot be exactly
determined until the rating and
reconciliation process is completed and
all scores are finalized. The share value
is expressed as a percentage. The
formula that computes the value of each
share uses base pay rates and is based
on (1) the sum of the base pay of all
employees in the pay pool times the pay
pool percentage factor, (2) the
employee’s base pay, (3) the number of
shares awarded to each employee in the
pay pool, and (4) the total number of
shares awarded in the pay pool. This
formula assures that each employee
within the pool receives a share amount
equal to all others in the same pool who
are at the same rate of base pay and
receiving the same score. The formula is
shown in Figure 3.
Figure 3. Formula
Sum of base pay of employees in pool ∗ pay pool percentage factor
Sum of (base pay ∗ shares earned) for each employee
An individual payout is calculated by
first multiplying the shares earned by
the share value and multiplying that
product by base pay. An adjustment is
then made to account for locality pay or
staffing supplement.
A pay pool manager is accountable for
staying within pay pool limits. The pay
pool manager makes final decisions on
base pay increases and/or bonuses to
individuals based on rater
recommendation, the final score, the
pay pool funds available, and the
employee’s pay.
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8. Performance Payout Determination
The performance payout an employee
will receive is based on the total
performance score from the pay-forperformance assessment process. An
employee will receive a performance
payout as a percentage of adjusted base
pay. This percentage is based on the
number of shares that equates to their
final appraisal score. Shares will be
awarded on a continuum as follows:
Score = Shares
employees from the pay pool may be a
mix of base pay and bonus, such that all
of the allocated funds are disbursed as
intended. To continue to provide
performance incentives while also
ensuring cost discipline, base pay
increases may be limited or capped.
Certain employees will not be able to
receive the projected base pay increase
due to base pay caps. Base pay is
capped when an employee reaches the
maximum rate of base pay in an
assigned pay band, when the mid-point
rule applies (see below) or when the
Significant Accomplishment/
Contribution rule applies (see below).
Also, for employees receiving retained
rates above the applicable pay band
maximum, the entire performance
payout will be in the form of a bonus
payment.
When capped, the total payout an
employee receives will be in the form of
a bonus versus the combination of base
pay and bonus. Bonuses are cash
payments and are not part of the base
pay for any purpose (e.g., lump sum
payments of annual leave on separation,
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life insurance, and retirement). The
maximum base pay rate under this
demonstration project will be the
unadjusted base pay rate of GS–15/step
10, except for employees in Pay Band V
of the E&S occupational family. In this
case, the pay range is as noted in III.A.3.
If the organization determines it is
appropriate, it may re-allocate a portion
(up to the maximum possible amount)
of the unexpended base pay funds for
capped employees to uncapped
employees. This re-allocation will be
determined by the pay pool manager.
Any dollar increase in an employee’s
projected base pay increase will be
offset, dollar for dollar, by an
accompanying reduction in the
employee’s projected bonus payment.
Thus, the employee’s total performance
payout is unchanged.
In addition, a pay pool manager may
request approval from the Personnel
Management Board for use of an
Extraordinary Achievement
Recognition. Such recognition grants a
base pay increase and/or bonus to an
employee that is higher than the one
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EN29DE09.002
Share value =
Personnel Management Board will
annually review the pay pool funding
and recommend adjustments to the
ECBC Technical Director to ensure cost
discipline over the life of the
demonstration project. Cost discipline is
assured within each pay pool by
limiting the total base pay increase to
the funds available, based on what
would have been available in the GS
system from within-grade increases,
quality step increases and within-band
promotions. The ECBC Technical
Director may reallocate the amount of
funds assigned to each pay pool as
necessary to ensure equity and to meet
unusual circumstances.
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generated by the compensation formula
for that employee. Examples that might
warrant consideration are extraordinary
achievements or accelerated
compensation for a local intern. The
funds available for an Extraordinary
Achievement Recognition are separately
funded within the constraints of the
organization’s budget.
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10. Mid-Point Rule
To provide added performance
incentives as an employee progresses
through a pay band, a mid-point rule
will be used to determine base pay
increases. The mid-point rule dictates
that any employee must receive a score
of 30 or higher for his/her base pay to
cross the mid-point of the base pay
range for his/her pay band. Also, once
an employee’s base pay exceeds the
mid-point, the employee must receive a
score of 30 or higher to receive any
additional base pay increases. Any
amount of an employee’s performance
payout, not paid in the form of a base
pay increase because of the mid-point
rule, will be paid as a bonus. This rule
effectively raises the standard of
performance expected of an employee
once the mid-point of a band is crossed.
This applies to all employees in every
occupational family and pay band.
11. Significant Accomplishment/
Contribution Rule
The purpose of this rule is to maintain
cost discipline while ensuring that
employee payouts are in consonance
with accomplishments and levels of
responsibility. The rule will apply only
to employees in E&S Pay Band III whose
base pay falls within the top 15 percent
of the band. For employees meeting
these criteria, the following provisions
will apply:
(1) If an employee’s score falls in the
top third of scores received in his/her
pay pool, he/she will receive the full
allowable base pay increase portion of
the performance payout. The balance of
the payout will be paid as a lump sum
bonus.
(2) If an employee’s score falls in the
middle third of scores received in his/
her pay pool, the base pay increase
portion will not exceed one percent of
base pay. The balance of the payout will
be paid as a lump sum bonus.
(3) If an employee’s appraisal score
falls in the bottom third of scores
received in his/her pay pool, the full
payout will be paid as a lump sum
bonus.
12. Awards
To provide additional flexibility in
motivating and rewarding individuals
and groups, some portion of the
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performance award budget will be
reserved for special acts and other
categories as they occur. Awards may
include, but are not limited to, special
acts, patents, suggestions, on-the-spot,
and time-off. The funds available to be
used for traditional 5 U.S.C. awards are
separately funded within the constraints
of the organization’s budget.
While not directly linked to the payfor-performance system, this additional
flexibility is important to encourage
outstanding accomplishments and
innovation in accomplishing the diverse
mission of ECBC. Additionally, to foster
and encourage teamwork among its
employees, organizations may give
group awards. Under the demonstration
project, a team may elect to distribute
such awards among themselves.
Thus, a team leader or supervisor may
allocate a sum of money to a team for
outstanding performance, and the team
may decide the individual distribution
of the total dollars among themselves.
The Commanding General, RDECOM
will have the authority to grant special
act awards to covered employees of up
to $10,000 IAW the criteria of AR 672–
20, Incentive Awards. This authority
may be delegated to the Technical
Director, ECBC.
demonstration project. Supervisors and
their managers will be provided the
results of that feedback in a format that
does not identify individual raters or
ratings. The data will be aggregated into
a summary and used to establish both
personal and organizational
performance development goals. The
use of this type of instrument will help
focus attention on desired leadership
behaviors, structure the feedback in a
constructive manner, and offset the
power imbalance that often prevents
supervisors from getting useful feedback
from their employees.
13. General Pay Increase
Employees, who are on a PIP at the
time pay determinations are made, do
not receive performance payouts or the
annual general pay increase. An
employee who receives an unacceptable
rating of record will not receive any
portion of the general pay increase or
RIF service credit until such time as his/
her performance improves to the
acceptable level and remains acceptable
for at least 90 days. When the employee
has performed acceptably for at least 90
days, the general pay increase will not
be retroactive but will be granted at the
beginning of the next pay period after
the supervisor authorizes its payment.
These actions may result in a base pay
that is identified in a lower pay band.
This occurs because the minimum rate
of base pay in a pay band increases as
the result of the general pay increase (5
U.S.C. 5303). This situation (a reduction
in band level with no reduction in pay)
will not be considered an adverse
action, nor will band retention
provisions apply.
Except where specifically waived or
modified in this plan, adverse action
procedures under 5 CFR part 752
remain unchanged.
14. Reverse Feedback
Employee feedback to supervisors is
considered essential for the success of
the pay-for-performance system. A
feedback instrument for subordinates to
anonymously evaluate the effectiveness
of their supervisors is being developed
and shall be implemented as part of the
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15. Grievances
An employee may grieve the
performance rating/score received under
the pay-for-performance system. Nonbargaining unit employees, and
bargaining unit employees covered by a
negotiated grievance procedure that
does not permit grievances over
performance ratings, must file under
administrative grievance procedures.
Bargaining unit employees whose
negotiated grievance procedures cover
performance rating grievances must file
under those negotiated procedures.
16. Adverse Actions
D. Hiring Authority
1. Qualifications
The qualifications required for
placement into a position in a pay band
within an occupational family will be
determined using the OPM Operating
Manual for Qualification Standards for
GS Positions. Since the pay bands are
anchored to the GS grade levels, the
minimum qualification requirements for
a position will be the requirements
corresponding to the lowest GS grade
incorporated into that pay band. For
example, for a position in the E&S
occupational family, Pay Band II
individuals must meet the basic
requirements for a GS–5 as specified in
the OPM Qualification Standard for
Professional and Scientific Positions.
Selective factors may be established
for a position in accordance with the
OPM Qualification Standards Operating
Manual, when determined to be critical
to successful job performance. These
factors will become part of the
minimum requirements for the position,
and applicants must meet them in order
to be eligible. If used, selective factors
will be stated as part of the qualification
requirements in vacancy
announcements and recruiting bulletins.
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2. Delegated Examining
Competitive service positions will be
filled through Merit Staffing and
through direct-hire authority or under
Delegated Examining. Recent legislative
changes provide for delegation of directhire authority for shortage category
positions under the Defense Acquisition
Workforce Improvement Act (DAWIA)
at certain levels as well as direct hire
authority for qualified candidates with
an advanced degree to scientific and
engineering positions within 5 U.S.C.
9902(c)(2) STRL laboratories as
redesignated under section 1105 of
Public Law 111–84. Where delegated to
the laboratory level, direct-hire
authority will be exercised in
accordance with the requirements of the
delegation of authority. The ‘‘Rule of
Three’’ will be eliminated. When there
are no more than 15 qualified applicants
and no preference eligibles, all eligible
applicants are immediately referred to
the selecting official without rating and
ranking. Rating and ranking will be
required only when the number of
qualified candidates exceeds 15 or there
is a mix of preference and nonpreference applicants. Statutes and
regulations covering veterans’
preference will be observed in the
selection process and when rating and
ranking are required. If the candidates
are rated and ranked, a random number
selection method will be used to
determine which applicants will be
referred when scores are tied after the
rating process. Veterans will be referred
ahead of non-veterans with the same
score.
3. Legal Authority
For actions taken under the auspices
of the demonstration project, the legal
authority, Public Law 103–337, as
amended, will be used. For all other
actions, the nature of action codes and
legal authority codes prescribed by
OPM, DoD, or DA will continue to be
used.
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4. Revisions to Term Appointments
ECBC conducts a variety of projects
that range from three to six years. The
current four-year limitation on term
appointments often forces the
termination of term employees prior to
completion of projects they were hired
to support. This disrupts the research
and development process and affects the
organization’s ability to accomplish the
mission and serve its customers.
ECBC will continue to have career
and career-conditional appointments
and temporary appointments not to
exceed one year. These appointments
will use existing authorities and
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entitlements. Under the demonstration
project, ECBC will have the added
authority to hire individuals under a
modified term appointment. These
appointments will be used to fill
positions for a period of more than one
year, but not more than a total of five
years when the need for an employee’s
services is not permanent. The modified
term appointments differ from term
employment as described in 5 CFR 316
in that they may be made for a period
not to exceed five, rather than four
years. The Technical Director is
authorized to extend a term
appointment one additional year.
Employees hired under the modified
term appointment authority are in a
non-permanent status, but may be
eligible for conversion to careerconditional appointments. To be
converted, the employee must (1) have
been selected for the term position
under competitive procedures, with the
announcement specifically stating that
the individual(s) selected for the term
position may be eligible for conversion
to a career-conditional appointment at a
later date; (2) have served two years of
continuous service in the term position;
(3) be selected under merit promotion
procedures for the permanent position;
and (4) be performing at the acceptable
level of performance with a current
score of 30 or greater.
Employees serving under regular term
appointments at the time of conversion
to the demonstration project will be
converted to the new modified term
appointments provided they were hired
for their current positions under
competitive procedures. These
employees will be eligible for
conversion to career-conditional
appointments if they (1) have served
two years of continuous service in the
term position; (2) are selected under
merit promotion procedures for the
permanent position; and (3) are
performing at the acceptable level of
performance with a current score of 30
or greater (or equivalent if not yet rated
under the demonstration project). Time
served in term positions prior to
conversion to the modified term
appointment is creditable, provided the
service was continuous. Employees
serving under regular or modified term
appointments under this plan will be
covered by the plan’s pay-forperformance system.
5. Extended Probationary Period
The current one-year probationary
period will be extended to three years
for all newly hired permanent careerconditional employees in the E&S
occupational family. The purpose of
extending the probationary period is to
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68951
allow supervisors an adequate period of
time to fully evaluate an employee’s
ability to complete a cycle of work and
to fully assess an employee’s
contribution and conduct. The threeyear probationary period will apply
only to new hires subject to a
probationary period.
If a probationary employee’s
performance is determined to be
satisfactory at a point prior to the end
of the three-year probationary period, a
supervisor has the option of ending the
probationary period at an earlier date,
but not before the employee has
completed one year of continuous
service. If the probationary period is
terminated before the end of the threeyear period, the immediate supervisor
will provide written reasons for his/her
decision to the next level of supervision
for concurrence prior to implementing
the action.
Aside from extending the time period
for all newly hired permanent careerconditional employees in the E&S
occupational family, all other features of
the current probationary period are
retained including the potential to
remove an employee without providing
the full substantive and procedural
rights afforded a non-probationary
employee. Any employee appointed
prior to the implementation date will
not be affected.
6. Termination of Probationary
Employees
Probationary employees may be
terminated when they fail to
demonstrate proper conduct, technical
competency, and/or acceptable
performance for continued employment,
and for conditions arising before
employment. When a supervisor
decides to terminate an employee
during the probationary period because
his/her work performance or conduct is
unacceptable, the supervisor shall
terminate the employee’s services by
written notification stating the reasons
for termination and the effective date of
the action. The information in the notice
shall, at a minimum, consist of the
supervisor’s conclusions as to the
inadequacies of the employee’s
performance or conduct, or those
conditions arising before employment
that support the termination.
7. Supervisory Probationary Periods
Supervisory probationary periods will
be made consistent with 5 CFR part 315.
Employees who have successfully
completed the initial probationary
period will be required to complete an
additional one-year probationary period
for initial appointment to a supervisory
position. If, during this probationary
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period, the decision is made to return
the employee to a non-supervisory
position for reasons related to
supervisory performance, the employee
will be returned to a comparable
position of no lower pay than the
position from which promoted or
reassigned.
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8. Volunteer Emeritus Corps
Under the demonstration project, the
ECBC Director will have the authority to
offer retired or separated employees
voluntary positions. The ECBC Director
may re-delegate this authority.
Voluntary Emeritus Corps assignments
are not considered employment by the
Federal government (except for
purposes of injury compensation). Thus,
such assignments do not affect an
employee’s entitlement to buyouts or
severance payments based on an earlier
separation from Federal service. The
volunteer’s Federal retirement pay
(whether military or civilian) is not
affected while serving in a voluntary
capacity. Retired or separated Federal
employees may accept an emeritus
position without a break or mandatory
waiting period.
The Voluntary Emeritus Corps will
ensure continued quality services while
reducing the overall salary line by
allowing higher paid employees to
accept retirement incentives with the
opportunity to retain a presence in the
ECBC community. The program will be
beneficial during manpower reductions,
as employees accept retirement and
return to provide a continuing source of
corporate knowledge and valuable onthe-job training or mentoring to less
experienced employees.
To be accepted into the Voluntary
Emeritus Corps, a volunteer must be
recommended by an ECBC manager to
the Director or delegated authority. Not
everyone who applies is entitled to an
emeritus position. The responsible
official will document acceptance or
rejection of the applicant. For
acceptance, documentation must be
retained throughout the assignment. For
rejection, documentation will be
maintained for two years.
Voluntary Emeritus Corps volunteers
will not be permitted to monitor
contracts on behalf of the Government
or to participate on any contracts or
solicitations where a conflict of interest
exists. The volunteers may be required
to submit a financial disclosure form
annually. The same rules that currently
apply to source selection members will
apply to volunteers.
An agreement will be established
among the volunteer, the responsible
official and the CPAC. The agreement
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must be finalized before the assumption
of duties and shall include:
(1) A statement that the voluntary
assignment does not constitute an
appointment in the Civil Service, is
without compensation, and the
volunteer waives any claims against the
Government based on the voluntary
assignment;
(2) A statement that the volunteer will
be considered a Federal employee only
for the purpose of injury compensation;
(3) The volunteer’s work schedule;
(4) Length of agreement (defined by
length of project or time defined by
weeks, months, or years);
(5) Support provided by the
organization (travel, administrative
support, office space, and supplies);
(6) A statement of duties;
(7) A statement providing that no
additional time will be added to a
volunteer’s service credit for such
purposes as retirement, severance pay,
and leave as a result of being a
volunteer;
(8) A provision allowing either party
to void the agreement with two working
days written notice;
(9) The level of security access
required by the volunteer (any security
clearance required by the position will
be managed by the employing
organization);
(10) A provision that any
publication(s) resulting from his/her
work will be submitted to the ECBC
Technical Director for review and
approval;
(11) A statement that he/she accepts
accountability for loss or damage to
Government property occasioned by
his/her negligence or willful action;
(12) A statement that his/her activities
on the premises will conform to the
regulations and requirements of the
organization;
(13) A statement that he/she will not
release any sensitive or proprietary
information without the written
approval of the employing organization
and further agrees to execute additional
non-disclosure agreements as
appropriate, if required, by the nature of
the anticipated services; and,
(14) A statement that he/she agrees to
disclose any inventions made in the
course of work performed at ECBC. The
ECBC Technical Director has the option
to obtain title to any such invention on
behalf of the U.S. Government. Should
the ECBC Technical Director elect not to
take title, the ECBC shall at a minimum
retain a non-exclusive, irrevocable, paid
up, royalty-free license to practice or
have practiced the invention worldwide
on behalf of the U.S. Government.
Exceptions to the provisions in this
procedure may be granted by the ECBC
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Technical Director on a case-by-case
basis.
E. Internal Placement
1. Promotion
A promotion is the movement of an
employee to a higher pay band in the
same occupational family or to another
pay band in a different occupational
family, wherein the band in the new
family has a higher maximum base pay
than the band from which the employee
is moving. The move from one band to
another must result in an increase in the
employee’s base pay to be considered a
promotion. Positions with known
promotion potential to a specific band
within an occupational family will be
identified when they are filled. Not all
positions in an occupational family will
have promotion potential to the same
band. Movement from one occupational
family to another will depend upon
individual competencies, qualifications
and the needs of the organization.
Supervisors may consider promoting
employees at any time, since
promotions are not tied to the pay-forperformance system. Progression within
a pay band is based upon performance
base pay increases; as such, these
actions are not considered promotions
and are not subject to the provisions of
this section. Except as specified below,
promotions will be processed under
competitive procedures in accordance
with Merit System Principles and
requirements of the local merit
promotion plan.
To be promoted competitively or noncompetitively from one band to the
next, an employee must meet the
minimum qualifications for the job and
have a current performance rating of
‘‘acceptable’’ with a score of 21 or
better, or equivalent under a different
performance appraisal system. If an
employee does not have a current
performance rating, the employee will
be treated the same as an employee with
an ‘‘acceptable’’ rating as long as there
is no documented evidence of
unacceptable performance.
2. Reassignment
A reassignment is the movement of an
employee from one position to a
different position within the same
occupational family and pay band or to
another occupational family and pay
band wherein the band in the new
family has the same maximum base pay.
The employee must meet the
qualifications requirements for the
occupational family and pay band.
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3. Demotion or Placement in a Lower
Pay Band
A demotion is a placement of an
employee into a lower pay band within
the same occupational family or
placement into a pay band in a different
occupational family with a lower
maximum base pay. Demotions may be
for cause (performance or conduct) or
for reasons other than cause (e.g.,
erosion of duties, reclassification of
duties to a lower pay band, application
under competitive announcements or at
the employee’s request, or placement
actions resulting from RIF procedures).
4. Simplified Assignment Process
Today’s environment of downsizing
and workforce fluctuations mandates
that the organization have maximum
flexibility to assign duties and
responsibilities to individuals. Pay
banding can be used to address this
need, as it enables the organization to
have maximum flexibility to assign an
employee with no change in base pay,
within broad descriptions, consistent
with the needs of the organization and
the individual’s qualifications and level.
Subsequent assignments to projects,
tasks, or functions anywhere within the
organization requiring the same level,
area of expertise, and qualifications
would not constitute an assignment
outside the scope or coverage of the
current position description. For
instance, a technical expert could be
assigned to any project, task, or function
requiring similar technical expertise.
Likewise, a manager could be assigned
to manage any similar function or
organization consistent with that
individual’s qualifications. This
flexibility allows broader latitude in
assignments and further streamlines the
administrative process and system.
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5. Details
Under this plan employees may be
detailed to a position in the same band
(requiring a different level of expertise
and qualifications) or lower pay band
(or its equivalent in a different
occupational family) for up to one year.
Details may be implemented through an
official personnel action to cover the
one-year period. Details to a position in
a higher pay band up to 180 days will
be made non-competitively. Beyond 180
days requires competitive procedures.
6. Exceptions to Competitive Procedures
The following actions are excepted
from competitive procedures:
(1) Re-promotion to a position which
is in the same pay band or GS
equivalent and occupational family as
the employee previously held on a
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permanent basis within the competitive
service.
(2) Promotion, reassignment,
demotion, transfer or reinstatement to a
position having promotion potential no
greater than the potential of a position
an employee currently holds or
previously held on a permanent basis in
the competitive service.
(3) A position change permitted by
reduction-in-force procedures.
(4) Promotion without current
competition when the employee was
appointed through competitive
procedures to a position with a
documented career ladder.
(5) A temporary promotion, or detail
to a position in a higher pay band, of
180 days or less.
(6) A promotion due to the
reclassification of positions based on
accretion (addition) of duties.
(7) A promotion resulting from the
correction of an initial classification
error or the issuance of a new
classification standard.
(8) Consideration of a candidate who
did not receive proper consideration in
a competitive promotion action.
(9) Impact of person in the job and
Factor IV process (application of the
Research Grade-Evaluation Guide,
Equipment Development Grade
Evaluation Guide, Part III, or similar
guides) promotions.
F. Pay Setting
1. General
Pay administration policies will be
established by the Personnel
Management Board. These policies will
be exempt from Army Regulations or
RDECOM local pay fixing policies but
will conform to basic governmental pay
fixing policy. Employees whose
performance is acceptable will receive
the full annual general pay increase and
the full locality pay. ECBC may make
full use of recruitment, retention and
relocation payments as currently
provided for by OPM.
Pay band and pay retention will
follow current law and regulations at
5 U.S.C. 5362, 5363, and 5 CFR 536,
except as waived or modified in section
IX, the waiver section of this plan. The
ECBC Technical Director may also grant
pay retention to employees who meet
general eligibility requirements, but do
not have specific entitlement by law,
provided they are not specifically
excluded.
2. Pay and Compensation Ceilings
An employee’s total monetary
compensation paid in a calendar year
may not exceed the base pay of Level I
of the Executive Schedule consistent
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68953
with 5 U.S.C. 5307 and 5 CFR part 530
subpart B. In addition, each pay band
will have its own pay ceiling, just as
grades do in the current system. Base
pay rates for the various pay bands will
be directly keyed to the GS rates, except
as noted in III.A.3. for the Pay Band V
of the Engineer and Scientist
occupational family. Other than where
retained rate applies, base pay will be
limited to the maximum base pay
payable for each pay band.
3. Pay Setting for Appointment
Upon initial appointment, the
individual’s pay may be set at the
lowest base pay in the pay band or
anywhere within the band level
consistent with the special
qualifications of the individual and the
unique requirements of the position.
These special qualifications may be in
the form of education, training,
experience, or any combination thereof
that is pertinent to the position in which
the employee is being placed. Guidance
on pay setting for new hires will be
established by the Personnel
Management Board.
Highest Previous Rate (HPR) will be
considered in placement actions
authorized under rules similar to the
HPR rules in 5 CFR 531.221. Use of HPR
will be at the supervisor’s discretion,
but if used, HPR is subject to policies
established by the Personnel
Management Board.
4. Pay Setting for Promotion
The minimum base pay increase upon
promotion to a higher pay band will be
six percent or the minimum base pay
rate of the new pay band, whichever is
greater. The maximum amount of a pay
increase for a promotion will not exceed
$10,000, or other such amount as
established by the Personnel
Management Board. The maximum base
pay increase for promotion may be
exceeded when necessary to allow for
the minimum base pay increase. For
employees assigned to occupational
categories and geographic areas covered
by special rates, the minimum base pay
rate in the pay band to which promoted
is the minimum base pay for the
corresponding special rate or locality
rate, whichever is greater. For
employees covered by a staffing
supplement, the demonstration staffing
adjusted pay is considered base pay for
promotion calculations. When a
temporary promotion is terminated, the
employee’s pay entitlements will be redetermined based on the employee’s
position of record, with appropriate
adjustments to reflect pay events during
the temporary promotion, subject to the
specific policies and rules established
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by the Personnel Management Board. In
no case may those adjustments increase
the base pay for the position of record
beyond the applicable pay range
maximum base pay rate.
5. Pay Setting for Reassignment
A reassignment may be effected
without a change in base pay. However,
a base pay increase may be granted
where a reassignment significantly
increases the complexity, responsibility,
authority or for other compelling
reasons. Such an increase is subject to
the specific guidelines established by
the Personnel Management Board.
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6. Pay Setting for Demotion or
Placement in a Lower Pay Band
Employees demoted for cause
(performance or conduct) are not
entitled to pay retention and will
receive a minimum of a five percent
decrease in base pay. Employees
demoted for reasons other than cause
(e.g., erosion of duties, reclassification
of duties to a lower pay band,
application under competitive
announcements or at the employee’s
request, or placement actions resulting
from RIF procedures) may be entitled to
pay retention in accordance with the
provisions of 5 U.S.C. 5363 and 5 CFR
part 536, except as waived or modified
in section IX of this plan.
Employees who receive an
unacceptable rating or who are on a PIP
at the time pay determinations are
made, do not receive performance
payouts or the general pay increase.
This action may result in a base pay that
is identified in a lower pay band. This
occurs because the minimum rate of
base pay in a pay band increases as the
result of the general pay increase (5
U.S.C. 5303). This situation (a reduction
in band level with no reduction in pay)
will not be considered an adverse
performance based action, nor will band
retention provisions apply.
7. Supervisory and Team Leader Pay
Adjustments
Supervisory and team leader pay
adjustments may be approved by the
ECBC Technical Director based on the
recommendation of the Personnel
Management Board to compensate
employees with supervisory or team
leader responsibilities. Only employees
in supervisory or team leader positions
as defined by the OPM GS Supervisory
Guide or GS Leader Grade Evaluation
Guide may be considered for the pay
adjustment. These pay adjustments are
funded separately from performance pay
pools. These pay adjustments are
increases to base pay, ranging up to ten
percent of that pay rate for supervisors
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and for team leaders. Pay adjustments
are subject to the constraint that the
adjustment may not cause the
employee’s base pay to exceed the pay
band maximum base pay. Criteria to be
considered in determining the pay
increase percentage include:
(1) Needs of the organization to
attract, retain, and motivate high-quality
supervisors/team leaders;
(2) Budgetary constraints;
(3) Years and quality of related
experience;
(4) Relevant training;
(5) Performance appraisals and
experience as a supervisor/team leader;
(6) Organizational level of position;
and
(7) Impact on the organization.
The pay adjustment will not apply to
employees in Pay Band V of the E&S
occupational family.
After the date of conversion into the
demonstration project, a pay adjustment
may be considered under the following
conditions:
(1) New hires into supervisory/team
leader positions will have their initial
rate of base pay set at the supervisor’s
discretion within the pay range of the
applicable pay band. This rate of pay
may include a pay adjustment
determined by using the ranges and
criteria outlined above.
(2) A career employee selected for a
supervisory/team leader position that is
within the employee’s current pay band
may also be considered for a base pay
adjustment. If a supervisor/team leader
is already authorized a base pay
adjustment and is subsequently selected
for another supervisor/team leader
position within the same pay band, then
the base pay adjustment will be redetermined.
Upon initial conversion into the
demonstration project into the same or
substantially similar position,
supervisors/team leaders will be
converted at their existing base rate of
pay and will not be eligible for a base
pay adjustment.
The supervisor/team leader pay
adjustment will be reviewed annually,
with possible increases or decreases
based on the appraisal scores for the
performance element, Team/Project
Leadership or Supervision/EEO. The
initial dollar amount of a base pay
adjustment will be removed when the
employee voluntarily leaves the
position. The cancellation of the base
pay adjustment under these
circumstances is not an adverse action
and is not subject to appeal. If an
employee is removed from a
supervisory/team leader position for
personal cause (performance or
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conduct), the base pay adjustment will
be removed under adverse action
procedures. However, if an employee is
removed from a non-probationary
supervisory/team leader position for
conditions other than voluntary or for
personal cause, then grade and pay
retention will follow current law and
regulations at 5 U.S.C. 5362, 5363, and
5 CFR part 536, except as waived or
modified in section IX.
8. Supervisory/Team Leader Pay
Differentials
Supervisory and team leader pay
differentials may be used by the ECBC
Technical Director to provide an
incentive and reward supervisors and
team leaders as defined by the OPM GS
Supervisory Guide and GS Leader Grade
Evaluation Guide. Pay differentials are
not funded from performance pay pools.
A pay differential is a cash incentive
that may range up to ten percent of base
pay for supervisors and for team leaders.
It is paid on a pay period basis with a
specified not-to-exceed (NTE) of one
year or less and is not included as part
of the base pay. Criteria to be considered
in determining the amount of the pay
differential are the same as those
identified for Supervisory/Team Leader
Pay Adjustments. The pay differential
will not apply to employees in Pay Band
V of the E&S occupational family.
The pay differential may be
considered, either during conversion
into or after initiation of the
demonstration project, if the supervisor/
team leader has subordinate employees
in the same pay band. The differential
must be terminated if the employee is
removed from a supervisory/team leader
position, regardless of cause.
After initiation of the demonstration
project, all personnel actions involving
a supervisory/team leader differential
will require a statement signed by the
employee acknowledging that the
differential may be terminated or
reduced at the discretion of the ECBC
Technical Director. The termination or
reduction of the differential is not an
adverse action and is not subject to
appeal.
9. Staffing Supplements
Employees assigned to occupational
categories and geographic areas covered
by special rates will be entitled to a
staffing supplement if the maximum
adjusted base pay for the banded GS
grades (i.e., the maximum GS locality
rate) to which assigned is a special rate
that exceeds the maximum GS locality
rate for the banded grades. The staffing
supplement is added to the base pay,
much like locality rates are added to
base pay. For employees being
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converted into the demonstration
project, total pay immediately after
conversion will be the same as
immediately before (excluding the
impact of any WGI buy-in), but a
portion of the total pay will be in the
form of a staffing supplement. Adverse
action and pay retention provisions will
not apply to the conversion process, as
there will be no change in total pay .
The staffing supplement is calculated
as follows. Upon conversion, the
demonstration base rate will be
established by dividing the employee’s
former GS adjusted base pay rate (the
higher of special rate or locality rate) by
the staffing factor. The staffing factor
will be determined by dividing the
maximum special rate for the banded
grades by the GS unadjusted rate
corresponding to that special rate (step
10 of the GS rate for the same grade as
the special rate). The employee’s
Staffing factor =
68955
demonstration staffing supplement is
derived by multiplying the
demonstration base pay rate by the
staffing factor minus one. Therefore, the
employee’s final demonstration special
staffing rate equals the demonstration
base pay rate plus the staffing
supplement. This amount will equal the
employee’s former GS adjusted base pay
rate. Simplified, the formula is this:
Maximum special rate for the banded grades
GS unadjusted rate corresponding to that special rate
Demonstration base pay rate =
Former GS adjusted base pay rate (specialty or locality rate)
Staffing factor
Staffing supplement = Demonstration base pay rate ∗ (staffing factor − 1)
f
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project and also be adaptable to the
special circumstances of employees
already in the demonstration project.
The following principles will govern the
modifications necessary to the staffing
supplement calculations to apply the
staffing supplement to circumstances
other than a GS employee entering the
demonstration project. No adjustment
under these provisions will provide an
increase greater than that provided by
the special salary rate table. An increase
provided under this authority is not an
equivalent increase, as defined by 5 CFR
531.403. These principles are stated
with the understanding that the
necessary conditions exist that require
the application of a staffing supplement:
(1) If a non-Government employee is
hired into the demonstration project,
then the employee’s adjusted base pay
will be used for the term, ‘‘former GS
adjusted base pay rate’’ to calculate the
demonstration base pay rate.
(2) If a current employee is covered by
a new or modified special salary rate
table, then the employee’s current
demonstration base pay rate is used to
calculate the staffing supplement
percentage. The employee’s new
demonstration adjusted base pay rate is
the sum of the current demonstration
base pay rate and the calculated staffing
supplement.
(3) If a current employee is in an
occupational category that is covered by
a special salary rate table and
subsequently, the occupational category
becomes covered by a different special
salary rate table with a higher value,
then the following steps must be
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applied to calculate a new
demonstration base pay rate:
Step 1. To obtain a relevance factor,
divide the staffing factor that will
become applicable to the employee by
the staffing factor that would have
applied to the employee.
Step 2. Multiply the relevance factor
resulting from step 1 by the employee’s
current demonstration adjusted base pay
rate to determine a new demonstration
adjusted base pay rate.
Step 3. Divide the result from step 2
by the applicable staffing factor to
derive a new demonstration base pay
rate. This new demonstration base pay
rate will be used to calculate the staffing
supplement and the new demonstration
adjusted base pay.
(4) If, after the establishment of a new
or adjusted special salary rate table, an
employee enters the demonstration
(whether converted/hired from GS or
hired from outside Government) prior to
this intervention, then the employee’s
adjusted base pay is used for the term
‘‘former GS adjusted base pay rate’’ to
calculate the demonstration base pay
rate. This principle prevents double
compensation due to the single event of
a new or adjusted special salary rate
table.
(5) If an employee is in an
occupational category covered by a new
or modified special salary rate table, and
the pay band to which assigned is not
entitled to a staffing supplement, then
the employee’s adjusted base pay may
be reviewed and adjusted to
accommodate the rate increase provided
by the special salary rate table. The
E:\FR\FM\29DEN2.SGM
29DEN2
EN29DE09.004
Staffing supplement = Demonstration
base pay rate * (staffing factor¥1)
Pay upon conversion = Demonstration
base pay rate + staffing supplement
(sum will equal existing rate)
If an employee is in a band where the
maximum GS adjusted base pay rate for
the banded grades is a locality rate,
when the employee enters into the
demonstration project, the
demonstration base pay rate is derived
by dividing the employee’s former GS
adjusted base pay rate (the higher of
locality rate or special rate) by the
applicable locality pay factor. The
employee’s demonstration localityadjusted base pay rate will equal the
employee’s former GS adjusted base pay
rate. Any GS or special rate schedule
adjustment will require computing the
staffing supplement again. Employees
receiving a staffing supplement remain
entitled to an underlying locality rate,
which may over time supersede the
need for a staffing supplement. If OPM
discontinues or decreases a special rate
schedule, pay retention provisions will
be applied. Upon geographic movement,
an employee who receives the staffing
supplement will have the supplement
recomputed. Any resulting reduction in
pay will not be considered an adverse
action or a basis for pay retention.
Application of the staffing
supplement is normally intended to
maintain pay comparability for GS
employees entering the demonstration
project. However, the staffing
supplement formulas must be
compatible with non-Government
employees entering the demonstration
EN29DE09.003
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Pay upon conversion = Demonstration base pay rate + staffing supplement (sum will equal existing rate)
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review may result in a one-time base
pay increase if the employee’s adjusted
base pay equals or is less than the
highest special salary grade and step
that exceeds the comparable locality
grade and step. Demonstration project
operating procedures will identify the
officials responsible to make such
reviews and determinations. The
applicable staffing supplement will be
calculated by determining the
percentage difference between the
highest step 10 special salary rate and
the comparable step 10 locality rate and
applying this percentage to the
demonstration base pay rate.
An established base pay rate plus the
staffing supplement will be considered
adjusted base pay for the same purposes
as a locality rate under 5 CFR 531.610,
i.e., for purposes of retirement, life
insurance, premium pay, severance pay,
and advances in pay. It will also be used
to compute worker’s compensation
payments and lump-sum payments for
accrued and accumulated annual leave.
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G. Employee Development
1. Expanded Developmental
Opportunity Program
The Expanded Developmental
Opportunity Program will be available
to all demonstration project employees.
Expanded developmental opportunities
complement existing developmental
opportunities such as long-term
training, rotational job assignments,
developmental assignments to Army
Materiel Command/Army/DoD, and
self-directed study via correspondence
courses and local colleges and
universities. Each developmental
opportunity must result in a product,
service, report or study that will benefit
the ECBC or customer organization as
well as increase the employee’s
individual effectiveness. The
developmental opportunity period will
not result in loss of (or reduction) in
base pay, leave to which the employee
is otherwise entitled, or credit for
service time. The positions of
employees on expanded developmental
opportunities may be back-filled (i.e.,
with temporarily assigned, detailed or
promoted employees or with term
employees). However, that position or
its equivalent must be made available to
the employee upon return from the
developmental period. The Personnel
Management Board will provide written
guidance for employees on application
procedures and develop a process that
will be used to review and evaluate
applicants for development
opportunities.
(a) Sabbaticals. The ECBC Technical
Director has the authority to grant paid
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15:32 Dec 28, 2009
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or unpaid sabbaticals to all career
employees. The purpose of a sabbatical
will be to permit employees to engage
in study or uncompensated work
experience that will benefit the
organization and contribute to the
employee’s development and
effectiveness. Each sabbatical must
result in a product, service, report, or
study that will benefit the ECBC mission
as well as increase the employee’s
individual effectiveness. Various
learning or developmental experiences
may be considered, such as advanced
academic teaching; research; selfdirected or guided study; and on-the-job
work experience with public, private,
commercial, or private non-profit
organizations.
One paid sabbatical of up to twelve
months in duration or one unpaid
sabbatical of up to six months in a
calendar year may be granted to an
employee in any seven-year period.
Employees will be eligible to request a
sabbatical after completion of seven
years of Federal service. Employees
approved for a paid sabbatical must sign
a service obligation agreement to
continue in service in the ECBC for a
period of three times the length of the
sabbatical. If an employee voluntarily
leaves the ECBC organization before the
service obligation is completed he/she is
liable for repayment of expenses
incurred by ECBC that are associated
with training during the sabbatical.
Expenses do not include salary costs.
The ECBC Technical Director has the
authority to waive this requirement.
Criteria for such waivers will be
addressed in the operating procedures.
Specific procedures will be developed
for processing sabbatical applications
upon implementation of the
demonstration project.
(b) Critical Skills Training (Training
for Degrees). The ECBC Director has the
authority to approve academic degree
training consistent with 5 U.S.C 4107.
Training is an essential component of an
organization that requires continuous
acquisition of advanced and specialized
knowledge. Degree training is also a
critical tool for recruiting and retaining
employees with or requiring critical
skills.
Academic degree training will ensure
continuous acquisition of advanced
specialized knowledge essential to the
organization, and enhance our ability to
recruit and retain personnel critical to
the present and future requirements of
the organization. Degree or certificate
payment may not be authorized where
it would result in a tax liability for the
employee without the employee’s
express and written consent. Any
variance from this policy must be
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rigorously determined and documented.
Guidelines will be developed to ensure
competitive approval of degree or
certificate payment and that such
decisions are fully documented.
Employees approved for degree training
must sign a service obligation agreement
to continue in service in ECBC for a
period of three times the length of the
training period. If an employee
voluntarily leaves ECBC before the
service obligation is completed, he/she
is liable for repayment of expenses
incurred by ECBC that are related to the
critical skills training. Expenses do not
include salary costs. The ECBC
Technical Director has the authority to
waive this requirement. Criteria for such
waivers will be addressed in the
operating procedures.
H. Reduction-in-Force (RIF) Procedures
RIF procedures will be used when an
ECBC employee faces separation or
downgrading due to lack of work,
shortage of funds, reorganization,
insufficient personnel ceiling, the
exercise of re-employment or restoration
rights, or furlough for more than 30
calendar days or more than 22
discontinuous days. The procedures in
5 CFR part 351 will be followed with
slight modifications pertaining to the
competitive areas, assignment rights, the
calculation of adjusted service
computation date and grade/pay band
retention. Modified term appointment
employees are in Tenure Group III for
RIF purposes. RIF procedures are not
required when separating these
employees when their appointments
expire.
1. Competitive Areas
Separate competitive areas for RIF
purposes will be established at each
geographic location. Separate RIF
competitive areas for demonstration and
non-demonstration project employees
will be established at each geographic
location. Bumps and retreats will occur
only within the same competitive area
and only to positions for which the
employee meets all qualification
standards including medical and/or
physical qualifications. Within each
competitive area, competitive levels will
be established based on the
occupational family, pay band and
series which are similar enough in
duties and qualifications that employees
can perform the duties and
responsibilities of any other position in
the competitive level upon assignment
to it, without any loss of productivity
beyond what is normally expected.
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2. Assignment Rights
An employee may displace another
employee by bump or retreat to one
band below the employee’s existing
band. A preference eligible with a
compensable service-connected
disability of 30 percent or more may
retreat to positions two bands (or
equivalent to five grades) below his/her
current band.
3. Crediting Performance in RIF
Reductions in force are accomplished
using the existing procedures with the
retention factors of: tenure, veterans’
preference and length of service as
adjusted by performance ratings, in that
order. However, the additional RIF
service credit for performance will be
based on the last three total performance
scores during the preceding four years
and will be applied as follows:
Total performance scores = years of service
credit
48–50
45–47
42–44
39–41
36–38
33–35
30–32
27–29
24–26
20–23
=
=
=
=
=
=
=
=
=
=
10
9
8
7
6
5
4
3
2
1
A score of below 20 adds no credit for
RIF retention. (Note: The additional
years of service credit are added, not
averaged. Ratings given under nondemonstration systems will be
converted to the demonstration-rating
scheme and provided the equivalent
rating credit.)
Employees who have been rated
under different patterns of summary
rating levels will receive RIF appraisal
credit based on the following:
If there are any ratings to be credited
for the RIF given under a rating system,
which includes one or more levels
above fully successful (Level 3),
employee will receive:
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10 years for Level 5
7 years for Level 4
3 years for Level 3
If an employee comes from a system
with no levels above Fully Successful
(Level 3), they will receive credit based
on the demonstration project’s modal
score for the employee’s competitive
area.
In some cases, an employee may not
have three ratings of record. If an
employee has fewer than three annual
ratings of record, then for each missing
rating, an average of the scores received
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15:32 Dec 28, 2009
Jkt 220001
for the past four years will be used.
When the score is calculated to be a
decimal, it should be rounded to the
next higher whole number using the
method described in paragraph III.C.4.
For an employee who has no ratings of
record, all credit will be based on the
repeated use of a single modal rating
from the most recently completed
appraisal period on record.
An employee who has received a
written decision that their performance
is unacceptable has no bump or retreat
rights. An employee who has been
demoted for unacceptable performance,
and as of the date of the issuance of the
RIF notice has not received a
performance rating in the position to
which demoted, will receive the same
additional retention service credit
granted for a level 3 rating of record. An
employee who has received an
acceptable rating following a PIP will
have that rating considered as the
current rating of record.
An employee with a current
unacceptable rating of record has
assignment rights only to a position
held by another employee who has an
unacceptable rating of record.
4. Pay Band and Pay Retention
Pay band and pay retention will
follow current law and regulations at 5
U.S.C. 5362, 5363, and 5 CFR 536,
except as waived or modified in section
IX of this plan.
IV. Implementation Training
Critical to the success of the
demonstration project is the training
developed to promote understanding of
the broad concepts and finer details
needed to implement and successfully
execute this project. Pay banding, a new
job classification and performance
management system all represent
significant cultural change to the
organization. Training will be tailored to
address employee concerns and to
encourage comprehensive
understanding of the demonstration
project. Training will be required both
prior to implementation and at various
times during the life of the
demonstration project.
A training program will begin prior to
implementation and will include
modules tailored for employees,
supervisors, senior managers, and
administrative staff. Typical modules
are:
(1) An overview of the demonstration
project personnel system.
(2) How employees are converted into
and out of the system.
(3) Pay banding.
(4) The pay-for-performance system.
(5) Defining performance objectives.
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68957
(6) How to assign weights.
(7) Assessing performance—giving
feedback.
(8) New position descriptions.
(9) Demonstration project
administration and formal evaluation.
Various types of training are being
considered, including videos, on-line
tutorials, and train-the-trainer concepts.
V. Conversion
A. Conversion to the Demonstration
Project
Conversion from current GS/GM
grade and pay into the new pay band
system will be accomplished during
implementation of the demonstration
project. Initial entry into the
demonstration project will be
accomplished through a full employeeprotection approach that ensures each
employee an initial place in the
appropriate pay band without loss of
pay on conversion.
Employees serving under regular term
appointments at the time of the
implementation of the demonstration
project will be converted to the
modified term appointment if all
requirements in III.D.4. (Revisions to
Term Appointments) have been
satisfied. Position announcements, etc.,
will not be required for these term
appointments.
Employees who enter the
demonstration project later by lateral
transfer, reassignment or realignment
will be subject to the same pay
conversion rules. If conversion into the
demonstration project is accompanied
by a geographic move, the employee’s
GS pay entitlements in the new
geographic area must be determined
before performing the pay conversion.
Employees who are covered by
special salary rates prior to entering the
demonstration project will no longer be
considered a special rate employee
under the demonstration project.
Special conversion rules apply to
special salary rate employees, which are
described in III.F.9. (Staffing
Supplements). These employees will,
therefore, be eligible for full locality pay
or a staffing supplement. The adjusted
base pay of these employees will not
change. Rather, the employees will
receive a new adjusted base pay rate
computed under the staffing
supplement rules in section III.F.9.
Adverse action and pay retention
provisions will not apply to the
conversion process, as there will be no
change in adjusted base pay.
Employees who are on temporary
promotions at the time of conversion
will be converted to a pay band
commensurate with the grade of the
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position to which temporarily
promoted. At the conclusion of the
temporary promotion, the employee will
revert to the grade or pay band that
corresponds to the position of record.
When a temporary promotion is
terminated, pay will be determined
based on the position of record, with
appropriate adjustments to reflect pay
events during the temporary promotion,
subject to the specific policies and rules
established by the Personnel
Management Board. In no case may
those adjustments increase the pay for
the position of record beyond the
applicable pay band maximum base
pay. The only exception will be if the
original competitive promotion
announcement stipulated that the
promotion could be made permanent; in
these cases, actions to make the
temporary promotion permanent will be
considered, and if implemented, will be
subject to all existing priority placement
programs.
During the first 12 months following
conversion, employees will receive pay
increases for non-competitive
promotion equivalents when the grade
level of the promotion is encompassed
within the same pay band, the
employee’s performance warrants the
promotion, and promotions would have
otherwise occurred during that period.
Employees who receive an in-level
promotion at the time of conversion will
not receive a prorated step increase
equivalent as defined below.
Under the GS pay structure,
employees progress through their
assigned grade in step increments. Since
this system is being replaced under the
demonstration project, employees will
be awarded that portion of the next
higher step they have completed up
until the effective date of conversion. As
under the current system, supervisors
will be able to withhold these partial
step increases if the employee’s
performance is below an acceptable
level of competence.
Rules governing WGIs will continue
in effect until conversion. Adjustments
to the employee’s base salary for WGI
equity will be computed as of the
effective the date of conversion. WGI
equity will be acknowledged by
increasing base pay by a prorated share
based upon the number of full weeks an
employee has completed toward the
next higher step. Payment will equal the
value of the employee’s next WGI times
the proportion of the waiting period
completed (weeks completed in waiting
period/weeks in the waiting period) at
the time of conversion. Employees at
step 10, or receiving retained rates, on
the day of implementation will not be
eligible for WGI equity adjustments
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since they are already at or above the
top of the step scale. Employees serving
on retained grade will receive WGI
equity adjustments provided they are
not at step 10 or receiving a retained
rate.
Employees who enter the
demonstration project after initial
implementation by lateral transfer,
reassignment, or realignment will be
subject to the same pay conversion rules
as above. Specifically, adjustments to
the employee’s base pay for a step
increase and a non-competitive career
ladder promotion will be computed as
a prorated share of the current value of
the step or promotion increase based
upon the number of full weeks an
employee has completed toward the
next higher step or grade at the time the
employee moves into the project.
B. Conversion Out of the Demonstration
Project
If a demonstration project employee is
moving to a GS position not under the
demonstration project, or if the project
ends and each project employee must be
converted back to the GS system, the
following procedures will be used to
convert the employee’s project pay band
to a GS-equivalent grade and the
employee’s project rate of pay to the GSequivalent rate of pay. The converted
GS grade and GS rate of pay must be
determined before movement or
conversion out of the demonstration
project and any accompanying
geographic movement, promotion, or
other simultaneous action. For
conversions upon termination of the
project and for lateral reassignments, the
converted GS grade and rate will
become the employee’s actual GS grade
and rate after leaving the demonstration
project (before any other action). For
transfers, promotions, and other actions,
the converted GS grade and rate will be
used in applying any GS pay
administration rules applicable in
connection with the employee’s
movement out of the project (e.g.,
promotion rules, highest previous rate
rules, pay retention rules), as if the GS
converted grade and rate were actually
in effect immediately before the
employee left the demonstration project.
1. Grade-Setting Provisions
An employee in a pay band
corresponding to a single GS grade is
converted to that grade. An employee in
a pay band corresponding to two or
more grades is converted to one of those
grades according to the following rules:
(1) The employee’s adjusted base pay
under the demonstration project
(including any locality payment or
staffing supplement) is compared with
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step 4 rates in the highest applicable GS
rate range. For this purpose, a GS rate
range includes a rate in:
(a) The GS base schedule,
(b) The locality rate schedule for the
locality pay area in which the position
is located, or
(c) The appropriate special rate
schedule for the employee’s
occupational series, as applicable.)
If the series is a two-grade interval
series, only odd-numbered grades are
considered below GS–11.
(2) If the employee’s adjusted base
pay under the demonstration project
equals or exceeds the applicable step 4
adjusted base pay rate of the highest GS
grade in the band, the employee is
converted to that grade.
(3) If the employee’s adjusted base
pay under the demonstration project is
lower than the applicable step 4
adjusted base pay rate of the highest
grade, the adjusted base pay under the
demonstration project is compared with
the step 4 adjusted base pay rate of the
second highest grade in the employee’s
pay band. If the employee’s adjusted
base pay under the demonstration
project equals or exceeds the step 4
adjusted base pay rate of the second
highest grade, the employee is
converted to that grade.
(4) This process is repeated for each
successively lower grade in the band
until a grade is found in which the
employee’s adjusted base pay under the
demonstration project equals or exceeds
the applicable step 4 adjusted base pay
rate of the grade. The employee is then
converted at that grade. If the
employee’s adjusted base pay is below
the step 4 adjusted base pay rate of the
lowest grade in the band, the employee
is converted to the lowest grade.
(5) Exception: If the employee’s
adjusted base pay under the
demonstration project exceeds the
maximum adjusted base pay rate of the
grade assigned under the abovedescribed step 4 rule but fits in the
adjusted base pay rate range for the next
higher applicable grade (i.e., between
step 1 and step 4), then the employee
shall be converted to that next higher
applicable grade.
(6) Exception: An employee will not
be converted to a lower grade than the
grade held by the employee
immediately preceding a conversion,
lateral reassignment, or lateral transfer
into the project, unless since that time
the employee has undergone a reduction
in band.
2. Pay-Setting Provisions
An employee’s pay within the
converted GS grade is set by converting
the employee’s demonstration project
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rates of pay to GS rates of pay in
accordance with the following rules:
(1) The pay conversion is done before
any geographic movement or other payrelated action that coincides with the
employee’s movement or conversion out
of the demonstration project.
(2) An employee’s adjusted base pay
under the demonstration project
(including any locality payment or
staffing supplement) is converted to a
GS-adjusted base pay rate on the highest
applicable GS rate range for the
converted GS grade. For this purpose, a
GS rate range includes a rate range in:
(a) The GS base schedule,
(b) An applicable locality rate
schedule, or
(c) An applicable special rate
schedule.
(3) If the highest applicable GS rate
range is a locality pay rate range, the
employee’s adjusted base pay under the
demonstration project is converted to a
GS locality rate of pay. If this rate falls
between two steps in the localityadjusted schedule, the rate must be set
at the higher step. The converted GS
unadjusted rate of base pay would be
the GS base rate corresponding to the
converted GS locality rate (i.e., same
step position).
(4) If the highest applicable GS rate
range is a special rate range, the
employee’s adjusted base pay under the
demonstration project is converted to a
special rate. If this rate falls between
two steps in the special rate schedule,
the rate must be set at the higher step.
The converted GS unadjusted rate of
base pay will be the GS rate
corresponding to the converted special
rate (i.e., same step position).
(5) E&S Pay Band V Employees: An
employee in Pay Band V of the E&S
occupational family will convert out of
the demonstration project at the GS–15
level. Procedures will be developed to
ensure that employees entering Pay
Band V understand that if they leave the
demonstration project and their
adjusted base pay under the
demonstration project exceeds the
highest applicable GS–15, step 10 rate,
there is no entitlement to retained pay.
Their GS equivalent rate will be deemed
to be the rate for GS–15, step 10. For
those Pay Band V employees paid below
the adjusted GS–15, step 10 rate, the
converted rates will be set in accordance
with paragraph 2.
(6) Employees with Pay Retention: If
an employee is receiving a retained rate
under the demonstration project, the
employee’s GS-equivalent grade is the
highest grade encompassed in his or her
band level. Demonstration project
operating procedures will outline the
methodology for determining the GS-
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equivalent pay rate for an employee
retaining a rate under the demonstration
project.
3. Within-Grade Increase—Equivalent
Increase Determinations
Service under the demonstration
project is creditable for within-grade
increase purposes upon conversion back
to the GS pay system. Performance pay
increases (including a zero increase)
under the demonstration project are
equivalent increases for the purpose of
determining the commencement of a
within-grade increase waiting period
under 5 CFR 531.405(b).
C. Personnel Administration
All personnel laws, regulations, and
guidelines not waived by this plan will
remain in effect. Basic employee rights
will be safeguarded and Merit System
Principles will be maintained. Servicing
CPACs will continue to process
personnel-related actions and provide
consultative and other appropriate
services.
D. Automation
ECBC will continue to use the Defense
Civilian Personnel Data System
(DCPDS) for the processing of
personnel-related data. Payroll servicing
will continue from the respective
payroll offices.
An automated tool will be used to
support computation of performance
related pay increases and awards and
other personnel processes and systems
associated with this project.
E. Experimentation and Revision
Many aspects of a demonstration
project are experimental. Modifications
may be made from time to time as
experience is gained, results are
analyzed, and conclusions are reached
on how the new system is working.
DoDI 1400.37, July 28, 2009, provides
instructions for adopting other STRL
flexibilities, making minor changes to
an existing demonstration project, and
requesting new initiatives.
VI. Project Duration
Public Law 103–337 removed any
mandatory expiration date for this
demonstration project. ECBC, DA and
DoD will ensure this project is evaluated
for the first five years after
implementation in accordance with 5
U.S.C. 4703. Modifications to the
original evaluation plan or any new
evaluation will ensure the project is
evaluated for its effectiveness, its impact
on mission and any potential adverse
impact on any employee groups. Major
changes and modifications to the
interventions would be made if
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formative evaluation data warranted and
will be published in the Federal
Register to the extent required. At the
five-year point, the demonstration will
be reexamined for permanent
implementation, modification and
additional testing, or termination of the
entire demonstration project.
VII. Evaluation Plan
A. Overview
Chapter 47 of 5 U.S.C. requires that an
evaluation be performed to measure the
effectiveness of the demonstration
project, and its impact on improving
public management. A comprehensive
evaluation plan for the entire
demonstration program, originally
covering 24 DoD laboratories, was
developed by a joint OPM/DoD
Evaluation Committee in 1995. This
plan was submitted to the Office of
Defense Research & Engineering and
was subsequently approved. The main
purpose of the evaluation is to
determine whether the waivers granted
result in a more effective personnel
system and improvements in ultimate
outcomes (i.e., organizational
effectiveness, mission accomplishment,
and customer satisfaction).
B. Evaluation Model
Appendix D shows an intervention
model for the evaluation of the
demonstration project. The model is
designated to evaluate two levels of
organizational performance:
intermediate and ultimate outcomes.
The intermediate outcomes are defined
as the results from specific personnel
system changes and the associated
waivers of law and regulation expected
to improve human resource (HR)
management (i.e., cost, quality,
timeliness). The ultimate outcomes are
determined through improved
organizational performance, mission
accomplishment, and customer
satisfaction. Although it is not possible
to establish a direct causal link between
changes in the HR management system
and organizational effectiveness, it is
hypothesized that the new HR system
will contribute to improved
organizational effectiveness.
Organizational performance measures
established by the organization will be
used to evaluate the impact of a new HR
system on the ultimate outcomes. The
evaluation of the new HR system for any
given organization will take into
account the influence of three factors on
organizational performance: context,
degree of implementation, and support
of implementation. The context factor
refers to the impact which intervening
variables (i.e., downsizing, changes in
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mission, or the economy) can have on
the effectiveness of the program. The
degree of implementation considers:
(1) The extent to which the HR
changes are given a fair trial period;
(2) The extent to which the changes
are implemented; and
(3) The extent to which the changes
conform to the HR interventions as
planned.
The support of implementation factor
accounts for the impact that factors such
as training, internal regulations and
automated support systems have on the
support available for program
implementation. The support for
program implementation factor can also
be affected by the personal
characteristics (e.g., attitudes) of
individuals who are implementing the
program.
The degree to which the project is
implemented and operated will be
tracked to ensure that the evaluation
results reflect the project as it was
intended. Data will be collected to
measure changes in both intermediate
and ultimate outcomes, as well as any
unintended outcomes, which may
happen as a result of any organizational
change. In addition, the evaluation will
track the impact of the project and its
interventions on veterans and other
protected groups, the Merit Systems
Principles, and the Prohibited Personnel
Practices. Additional measures may be
added to the model in the event that
changes or modifications are made to
the demonstration plan.
The intervention model at Appendix
D will be used to measure the
effectiveness of the personnel system
interventions implemented. The
intervention model specifies each
personnel system change or
‘‘intervention’’ that will be measured
and shows:
(1) The expected effects of the
intervention,
(2) The corresponding measures, and
(3) The data sources for obtaining the
measures.
Although the model makes
predictions about the outcomes of
specific intervention, causal attributions
about the full impact of specific
interventions will not always be
possible for several reasons. For
example, many of the initiatives are
expected to interact with each other and
contribute to the same outcomes. In
addition, the impact of changes in the
HR system may be mitigated by context
variables (e.g., the job market,
legislation, and internal support
systems) or support factors (e.g.,
training, automation support systems).
C. Evaluation
A modified quasi-experimental design
will be used for the evaluation of the
STRL Personnel Demonstration
Program. Because most of the eligible
laboratories are participating in the
program, a title 5 U.S.C. comparison
group will be compiled from the
Civilian Personnel Data File (CPDF).
This comparison group will consist of
workforce data from Government-wide
research organizations in civilian
Federal agencies with missions and job
series matching those in the DoD
laboratories. This comparison group
will be used primarily in the analysis of
pay banding costs and turnover rates.
D. Method of Data Collection
(7) Core measures of organizational
performance.
The evaluation effort will consist of
two phases, formative and summative
evaluation, covering at least five years to
permit inter- and intra-organizational
estimates of effectiveness. The formative
evaluation phase will include baseline
data collection and analysis,
implementation evaluation, and interim
assessments. The formal reports and
interim assessments will provide
information on the accuracy of project
operation, and current information on
impact of the project on veterans and
protected groups, Merit System
Principles, and Prohibited Personnel
Practices. The summative evaluation
will focus on an overall assessment of
project outcomes after five years. The
final report will provide information on
how well the HR system changes
achieved the desired goals, which
interventions were most effective, and
whether the results can be generalized
to other Federal installations.
VIII. Demonstration Project Costs
A. Cost Discipline
Data from several sources will be used
in the evaluation. Information from
existing management information
systems and from personnel office
records will be supplemented with
perceptual survey data from employees
to assess the effectiveness and
perception of the project. The multiple
sources of data collection will provide
a more complete picture as to how the
interventions are working. The
information gathered from one source
will serve to validate information
obtained through another source. In so
doing, the confidence of overall findings
will be strengthened as the different
collection methods substantiate each
other.
Both quantitative and qualitative data
will be used when evaluating outcomes.
The following data will be collected:
(1) Workforce data;
(2) Personnel office data;
(3) Employee attitude surveys;
(4) Focus group data;
(5) Local site historian logs and
implementation information;
(6) Customer satisfaction surveys; and
An objective of the demonstration
project is to ensure in-house cost
discipline. A baseline will be
established at the start of the project and
labor expenditures will be tracked
yearly. Implementation costs (including
project development, automation costs,
step buy-in costs, and evaluation costs)
are considered one-time costs and will
not be included in the cost discipline.
The Personnel Management Board
will track personnel cost changes and
recommend adjustments if required to
achieve the objective of cost discipline.
B. Developmental Costs
Costs associated with the
development of the personnel
demonstration project include software
automation, training, and project
evaluation. All funding will be provided
through the organization’s budget. The
projected annual expenses are
summarized in Table 1. Project
evaluation costs are not expected to
continue beyond the first five years
unless the results warrant further
evaluation.
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TABLE 1—PROJECTED DEVELOPMENTAL COSTS
[In thousands of dollars]
FY09
FY10
FY11
FY12
Training .....................................................................................
Project Evaluation .....................................................................
Automation ................................................................................
0K ...................
0K ...................
50K .................
25K .................
0K ...................
50K .................
15K .................
15K .................
40K .................
10K .................
15K .................
40K .................
5K.
15K.
40K.
Totals .................................................................................
50K .................
75K .................
70K .................
65K .................
60K.
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IX. Required Waivers to Law and
Regulation
Public Law 106–398 gave the DoD the
authority to experiment with several
personnel management innovations. In
addition to the authorities granted by
the law, the following are waivers of law
and regulation that will be necessary for
implementation of the demonstration
project. In due course, additional laws
and regulations may be identified for
waiver request.
The following waivers and
adaptations of certain title 5 U.S.C.
provisions are required only to the
extent that these statutory provisions
limit or are inconsistent with the actions
contemplated under this demonstration
project. Nothing in this plan is intended
to preclude the demonstration project
from adopting or incorporating any law
or regulation enacted, adopted, or
amended after the effective date of this
demonstration project.
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A. Waivers to Title 5, U.S.C.
Chapter 31, section 3111: Acceptance
of Volunteer Service. Waived to allow
for a Voluntary Emeritus Corps in
addition to student volunteers.
Chapter 31, section 3132: The Senior
Executive Service: Definitions and
Exclusions. Waived as necessary to
allow for the Pay Band V of the E&S
Occupational Family.
Chapter 33, subchapter 1, section
3318(a): Competitive Service, Selection
from Certificate. Waived to the extent
necessary to eliminate the requirement
for selection using the ‘‘Rule of Three.’’
Chapter 33, section 3324:
Appointments to Positions Classified
Above GS–15. Waived the requirement
for OPM approval of appointments to
positions classified above GS–15.
Chapter 33, section 3341: Details.
Waived as necessary to extend the time
limits for details.
Chapter 41, section 4108(a)–(c):
Employee Agreements; Service After
Training. Waived to the extent
necessary to require the employee to
continue in the service of ECBC for the
period of the required service and to the
extent necessary to permit the Director,
ECBC, to waive in whole or in part a
right of recovery.
Chapter 43, section 4302: Waived to
the extent necessary to substitute ‘‘pay
band’’ for ‘‘grade.’’
Chapter 43, section 4303: Waived to
the extent necessary to (1) substitute
‘‘pay band’’ for ‘‘grade’’ and (2) provide
that moving to a lower pay band as a
result of not receiving the general pay
increase because of poor performance is
not an action covered by the provisions
of section 4303(a)–(d).
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Chapter 43, section 4304(b)(1) and (3):
Responsibilities of the OPM. Waived in
its entirety to remove the
responsibilities of the OPM with respect
to the performance appraisal system.
Chapter 51, sections 5101–5112:
Classification. Waived as necessary to
allow for the demonstration project pay
banding system.
Chapter 53, sections 5301, 5302 (8)
and (9), 5303 and 5304: Pay
Comparability System. Sections 5301,
5302, and 5304 are waived to the extent
necessary to allow (1) demonstration
project employees to be treated as GS
employees; (2) basic rates of pay under
the demonstration project to be treated
as scheduled rates of pay; and (3)
employees in Pay Band V of the E&S
occupational family to be treated as ST
employees for the purposes of these
provisions.
Chapter 53, section 5305: Special Pay
Authority. Waived to the extent
necessary to allow for use of a staffing
supplement in lieu of the special pay
authority.
Chapter 53, sections 5331–5336:
General Schedule Pay Rates. Waived in
its entirety to allow for the
demonstration project’s pay banding
system and pay provisions.
Chapter 53, sections 5361–5366:
Grade and Pay Retention. Waived to the
extent necessary to (1) replace ‘‘grade’’
with ‘‘pay band;’’ (2) allow
demonstration project employees to be
treated as GS employees; (3) provide
that pay band retention provisions do
not apply to conversions from GS
special rates to demonstration project
pay, as long as total pay is not reduced,
to reductions in pay due solely to the
removal of a supervisory pay adjustment
upon voluntarily leaving a supervisory
position; and to movements to a lower
pay band as a result of not receiving the
annual GPI due to a rating of record of
‘‘Unacceptable;’’ (4) provide that an
employee on pay retention whose rating
of record is ‘‘Unacceptable’’ is not
entitled to 50 percent of the amount of
the increase in the maximum rate of
base pay payable for the pay band of the
employee’s position; (5) provide that
pay retention does not apply to
reduction in base pay due solely to the
reallocation of demonstration project
pay rates in the implementation of a
staffing supplement; and (6) ensure that
for employees of Pay Band V of the E&S
occupational family, pay retention
provisions are modified so that no rate
established under these provisions may
exceed the rate of base pay for GS–15,
step 10 (i.e., there is no entitlement to
retained rate). This waiver applies to ST
employees only if they move to a GSequivalent position within the
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demonstration project under conditions
that trigger entitlement to pay retention.
Chapter 55, section 5542(a)(1)–(2):
Overtime rates; computation. Waived to
the extent necessary to provide that the
GS–10 minimum special rate (if any) for
the special rate category to which a
project employee belongs is deemed to
be the ‘‘applicable special rate’’ in
applying the pay cap provisions in 5
U.S.C. 5542.
Chapter 55, section 5545(d):
Hazardous duty differential. Waived to
the extent necessary to allow
demonstration project employees to be
treated as GS employees. This waiver
does not apply to employees in Pay
Band V of the E&S occupational family.
Chapter 55, section 5547 (a)–(b):
Limitation on premium pay. Waived to
the extent necessary to provide that the
GS–15 maximum special rate (if any) for
the special rate category to which a
project employee belongs is deemed to
be the ‘‘applicable special rate’’ in
applying the pay cap provisions in 5
U.S.C. 5547.
Chapter 57, section 5753, 5754, and
5755: Recruitment and relocation,
bonuses, retention allowances and
supervisory differentials. Waived to the
extent necessary to allow (1) employees
and positions under the demonstration
project to be treated as employees and
positions under the GS and (2)
employees in Pay Band V of the E&S
occupational family to be treated as ST
employees.
Chapter 59, section 5941: Allowances
based on living costs and conditions of
environment; employees stationed
outside continental U.S. or Alaska.
Waived to the extent necessary to
provide that cost-of-living allowances
paid to employees under the
demonstration project are paid in
accordance with regulations prescribed
by the President (as delegated to OPM).
Chapter 75, sections 7501(1),
7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii):
Adverse Actions—Definitions. Waived
to the extent necessary to allow for up
to a three-year probationary period and
to permit termination during the
extended probationary period without
using adverse action procedures for
those employees serving a probationary
period under an initial appointment
except for those with veterans’
preference.
Chapter 75, section 7512(3): Adverse
actions. Waived to the extent necessary
to replace ‘‘grade’’ with ‘‘pay band.’’
Chapter 75, section 7512(4): Adverse
actions. Waived to the extent necessary
to provide that adverse action
provisions do not apply to (1)
conversions from GS special rates to
demonstration project pay, as long as
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total pay is not reduced and (2)
reductions in pay due to the removal of
a supervisory or team leader pay
adjustment upon voluntary movement
to a non-supervisory or non-team leader
position.
B. Waivers to Title 5, CFR
Part 300, sections 300.601 through
605: Time-in-Grade restrictions. Waived
to eliminate time-in-grade restrictions in
the demonstration project.
Part 308, sections 308.101 through
308.103: Volunteer service. Waived to
allow for a Voluntary Emeritus Corps in
addition to student volunteers.
Part 315, section 315.801(a),
315.801(b)(1), (c), and (e) and
315.802(a) and (b)(1): Probationary
period and Length of probationary
period. Waived to the extent necessary
to allow for up to a three-year
probationary period and to permit
termination during the extended
probationary period without using
adverse action procedures for those
employees serving a probationary
period under an initial appointment
except for those with veterans’
preference.
Part 315, section 315.901: Statutory
requirement. Waived to the extent
necessary to replace ‘‘grade’’ with ‘‘pay
band.’’
Part 316, section 316.301: Purpose
and duration. Waived to the extent
necessary to allow for term
appointments for more than four years.
Part 316, section 316.303: Tenure of
term employees. Waived to the extent
necessary to allow term employees to
acquire competitive status.
Part 332, section 332.404: Order of
selection from certificates. Waived to
the extent necessary to eliminate the
requirement for selection using the
‘‘Rule of Three.’’
Part 335, section 335.103: Agency
promotion programs. Waived to the
extent necessary to extend the length of
details and temporary promotions
without requiring competitive
procedures.
Part 337, section 337.101(a): Rating
applicants. Waived to the extent
necessary to allow referral without
rating when there are 15 or fewer
qualified candidates and no qualified
preference eligibles.
Part 351.402(b): Competitive area.
Waived to the extent necessary to allow
for separate competitive areas for
demonstration project and nondemonstration project employees.
Part 351.403: Competitive level.
Waived to the extent necessary to
replace ‘‘grade’’ with ‘‘pay band.’’
Part 351, section 351.504: Credit for
performance. Waived to the extent
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necessary to revise the method for
adding years of service based on
performance.
Part 351, section 351.701: Assignment
involving displacement. Waived to the
extent that bump and retreat rights are
limited to one pay band with the
exception of 30 percent preference
eligibles who are limited to two pay
bands (or equivalent of five grades), and
to limit the assignment rights of
employees with an unacceptable current
rating of record to a position held by
another employee with an unacceptable
rating of record.
Part 410, section 410.309: Agreements
to continue in service. Waived to the
extent necessary to allow the ECBC
Technical Director to determine
requirements related to continued
service agreements.
Part 430, subpart B: Performance
Appraisal for GS, Prevailing Rate, and
Certain Other Employees. Waived to the
extent necessary to be consistent with
the demonstration project’s pay-forperformance system.
Part 432: Performance based
reduction in grade and removal actions.
Modified to the extent that an employee
may be removed, reduced in pay band
level with a reduction in pay, reduced
in pay without a reduction in pay band
level and reduced in pay band level
without a reduction in pay based on
unacceptable performance. Also,
modified to delete reference to critical
element. For employees who are
reduced in pay band level without a
reduction in pay, sections 432.105 and
432.106(a) do not apply.
Part 432, section 432.102: Coverage.
Waived to the extent that the term
‘‘grade level’’ is replaced with ‘‘pay
band.’’
Part 432, sections 432.104:
Addressing unacceptable performance.
References to ‘‘critical elements’’ are
deleted as all elements are critical and
adding that the employee may be
‘‘reduced in pay band level, or pay, or
removed’’ if performance does not
improve to an acceptable level during a
reasonable opportunity period.
Part 432, section 432.105(a) (2):
Proposing and taking action based on
unacceptable performance. Waive ‘‘If an
employee has performed acceptably for
1 year’’ to allow for ‘‘within two years
from the beginning of a PIP.’’
Part 511, subpart A: General
Provisions, and subpart B: Coverage of
the GS. Waived to the extent necessary
to allow for the demonstration project
classification system and pay banding
structure.
Part 511, section 511.601:
Applicability of regulations.
Classification appeals modified to the
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extent that white collar positions
established under the project plan,
although specifically excluded from title
5, are covered by the classification
appeal process outlined in this section,
as amended below.
Part 511, section 511.603(a): Right to
appeal. Waived to the extent necessary
to substitute ‘‘pay band’’ for ‘‘grade.’’
Part 511, section 511.607(b): NonAppealable Issues. Add to the list of
issues that are neither appealable nor
reviewable, the assignment of series
under the project plan to appropriate
occupational families and the
demonstration project classification
criteria.
Part 530, subpart C: Special rate
Schedules for Recruitment and
Retention. Waived in its entirety to
allow for staffing supplements.
Part 531, subparts B: Determining
Rate of Basic Pay. Waived to the extent
necessary to allow for pay setting and
pay-for-performance under the
provisions of the demonstration project.
Part 531, subparts D and E: WithinGrade Increases and Quality Step
Increases. Waived in its entirety.
Part 531, subpart F: Locality-Based
Comparability Payments. Waived to the
extent necessary to allow (1)
demonstration project employees,
except employees in Pay Band V of the
E&S occupational family, to be treated
as GS employees; (2) base rates of pay
under the demonstration project to be
treated as scheduled annual rates of pay;
and (3) employees in Pay Band V of the
E&S occupational family to be treated as
ST employees for the purposes of these
provisions.
Part 536: Grade and Pay Retention:
Waived to the extent necessary to (1)
replace ‘‘grade’’ with ‘‘pay band;’’ (2)
provide that pay retention provisions do
not apply to conversions from GS
special rates to demonstration project
pay, as long as total pay is not reduced,
and to reductions in pay due solely to
the removal of a supervisory pay
adjustment upon voluntarily leaving a
supervisory position; (3) allow
demonstration project employees to be
treated as GS employees; (4) provide
that pay retention provisions do not
apply to movements to a lower pay band
as a result of not receiving the general
increase due to an annual performance
rating of ‘‘Unacceptable;’’ (5) provide
that an employee on pay retention
whose rating of record is
‘‘Unacceptable’’ is not entitled to 50
percent of the amount of the increase in
the maximum rate of base pay payable
for the pay band of the employee’s
position; (6) ensure that for employees
of Pay Band V in the E&S occupational
family, pay retention provisions are
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modified so that no rate established
under these provisions may exceed the
rate of base pay for GS–15, step 10
(i.e., there is no entitlement to
retained rate); and (7) provide that pay
retention does not apply to reduction in
base pay due solely to the reallocation
of demonstration project pay rates in the
implementation of a staffing
supplement. This waiver applies to ST
employees only if they move to a GSequivalent position within the
demonstration project under conditions
that trigger entitlement to pay retention.
Part 550, sections 550.105 and
550.106: Bi-weekly and annual
maximum earnings limitations. Waived
to the extent necessary to provide that
the GS–15 maximum special rate (if
any) for the special rate category to
which a project employee belongs is
deemed to be the ‘‘applicable special
rate’’ in applying the pay cap provisions
in 5 U.S.C. 5547.
Part 550, section 550.703: Definitions.
Waived to the extent necessary to
modify the definition of ‘‘reasonable
offer’’ by replacing ‘‘two grade or pay
levels’’ with ‘‘one band level’’ and
‘‘grade or pay level’’ with ‘‘band level.’’
Part 550, section 550.902: Definitions.
Waived to the extent necessary to allow
demonstration project employees to be
treated as GS employees. This waiver
does not apply to employees in Pay
Band V of the E&S occupational family.
Part 575, subparts A, B, C, and D:
Recruitment Incentives, Relocation
Incentives, Retention Incentives and
Supervisory Differentials. Waived to the
extent necessary to allow (1) employees
and positions under the demonstration
project covered by pay banding to be
treated as employees and positions
under the GS and (2) employees in Pay
Band V of the E&S occupational family
to be treated as ST employees for the
purposes of these provisions.
Part 591, subpart B: Cost-of-Living
Allowance and Post Differential—Nonforeign Areas. Waived to the extent
necessary to allow (1) demonstration
project employees to be treated as
employees under the GS and (2)
employees in Band V of the E&S
occupational family to be treated as ST
employees for the purposes of these
provisions.
Part 752, sections 752.101, 752.201,
752.301 and 752.401: Principal statutory
requirements and Coverage. Waived to
the extent necessary to allow for up to
a three-year probationary period and to
permit termination during the extended
probationary period without using
adverse action procedures for those
employees serving a probationary
period under an initial appointment
except for those with veterans’
preference.
Part 752, section 752.401: Coverage.
Waived to the extent necessary to
replace ‘‘grade’’ with ‘‘pay band,’’ and to
provide that a reduction in pay band
level is not an adverse action if it results
from the employee’s rate of base pay
being exceeded by the minimum rate of
base pay for his/her pay band.
Part 752, section 752.401(a)(4):
Coverage. Waived to the extent
necessary to provide that adverse action
provisions do not apply to (1)
conversions from GS special rates to
demonstration project pay, as long as
total pay is not reduced and (2)
reductions in pay due to the removal of
a supervisory or team leader pay
adjustment upon voluntary movement
to a non-supervisory or non-team leader
position or decreases in the amount of
a supervisory or team leader pay
adjustment based on the annual review.
APPENDIX A: ECBC EMPLOYEES BY DUTY LOCATION
[Totals exclude SES, ST, DCIPS and FWS employees]
Duty Location
Employees
Aberdeen Proving Ground, MD ...................................................................................................................
Rock Island, IL .............................................................................................................................................
Pine Bluff, AK ..............................................................................................................................................
Patrick AFB, FL ...........................................................................................................................................
Anniston, AL ................................................................................................................................................
969
99
23
1
1
Total All Employees ..............................................................................................................................
1093
Appendix B: Occupational Series by
Occupational Family
I. Engineering & Science
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Servicing personnel
office
0401 General Natural Resources
Management and Biological Sciences
Series.
0403 Microbiology Series.
0413 Physiology Series.
0415 Toxicology Series.
0801 General Engineering Series.
0803 Safety Engineering Series.
0819 Environmental Engineering Series.
0830 Mechanical Engineering Series.
0850 Electrical Engineering Series.
0854 Computer Engineering Series.
0855 Electronics Engineering Series.
0858 Biomedical Engineering Series.
0861 Aerospace Engineering Series.
0893 Chemical Engineering Series.
0896 Industrial Engineering Series.
1301 General Physical Science Series.
1306 Health Physics Series.
1310 Physics Series.
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1320
1515
1520
1530
1550
Chemistry Series.
Operations Research Series.
Mathematics Series.
Statistics Series.
Computer Science Series.
II. Business/Technical
0018 Safety and Occupational Health
Management Series.
0028 Environmental Protection Specialist
Series.
0080 Security Administration Series.
0110 Economist Series.
0301 Miscellaneous Administration and
Program Series.
0340 Program Management Series.
0341 Administrative Officer Series.
0342 Support Services Administration
Series.
0343 Management and Program Analysis
Series.
0346 Logistics Management Series.
0404 Biological Science Technician Series.
0501 Financial Administration and Program
Series.
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NE Region.
NC Region.
NE Region.
NE Region.
NE Region.
0510 Accounting Series.
0560 Budget Analysis Series.
0640 Health Aid and Technician Series.
0690 Industrial Hygiene Series.
0802 Engineering Technician Series.
0856 Electronics Technician Series.
1001 General Arts and Information Series.
1060 Photography Series.
1071 Audiovisual Production Series.
1083 Technical Writing and Editing Series.
1084 Visual Information Series.
1102 Contracting Series.
1150 Industrial Specialist Series.
1311 Physical Science Technician Series.
1410 Librarian Series.
1412 Technical Information Services Series.
1670 Equipment Specialist Series.
1910 Quality Assurance Series.
2001 General Supply Series.
2032 Packaging Series.
2210 Information Technology Management
Series.
III. General Support
0303 Miscellaneous Clerk and Assistant
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2. Interpersonal Skills
Series.
0318 Secretary Series.
0335 Computer Clerk and Assistant Series.
0344 Management Clerical and Assistance
Series.
0503 Financial Clerical and Technician
Series.
0525 Accounting Technician Series.
0561 Budget Clerical and Assistance Series.
1411 Library Technician Series.
2005 Supply Clerical and Technician
Series.
Appendix C: Performance Elements
Each performance element is assigned a
minimum weight. The total weight of all
elements in a performance plan must equal
100. The supervisor assigns each element a
weight represented as a percentage of the 100
in accordance with individual duties/
responsibilities objectives and the
organization’s mission and goals. All
employees will be rated against the first four
performance elements listed below. Those
employees whose duties require team leader
responsibilities will be rated on element 5.
All managers/supervisors will be rated on
element 6.
1. Technical Competence
The extent to which an employee
demonstrates: the technical knowledge,
skills, abilities and initiative to produce the
quality and quantity of work as defined in
individual performance objectives and
assigned tasks; innovation and improvement
in addressing technical challenges; sound
decisions and recommendations that get the
desired results; the ability to solve technical
problems; initiative to maintain/increase
their technical skills through professional
growth, training, and/or developmental/
special assignments. Minimum Weight: 15%.
The employee’s demonstrated ability to:
provide or exchange ideas and information;
listen effectively so that resultant actions
show complete comprehension; coordinate
actions to include and inform appropriate
personnel of decisions and actions; be an
effective team player; be considerate of
differing viewpoints; exhibit willingness to
compromise on areas of difference for winwin solutions; exercise tact and diplomacy;
maintain effective relationships both within
and external to the organization; readily give
assistance and show appropriate respect and
courtesy. Minimum Weight: 10%.
3. Management of Time and Resources
The extent to which an employee
demonstrates ability to: meet schedules/
milestones, prioritize/balance tasks; utilize
and, where appropriate, properly control
available resources (to include for
supervisors: allocates/monitors resources and
equitably distributes work to subordinates
appropriately); execute contract management
responsibilities; respond to changing
requirements and re-direction; create/
implement new ideas to improve work
efficiencies. Minimum Weight: 15%.
4. Customer Satisfaction
The extent to which an employee: achieves
customer and mission goals/objectives;
provides acceptable solutions/ideas in
response to customer needs; understands and
manages customers’ expectations, constraints
and sensitivities; demonstrates customer care
through facilitating, responsive, courteous
and reliable actions; promotes relationships
of trust and respect; markets to potential
customers/develops new customers and
programs within the scope of job
responsibility. Minimum Weight: 10%.
5. Team/Project Leadership
The extent to which a team/project leader:
ensures that the organization’s/project’s
strategic plan, mission, vision and values are
communicated into the team/project plans,
products and services; provides guidance/
direction to organization/project personnel;
leads the team to achieve project objectives;
coordinates/balances workload among team/
project personnel; informs the supervisor of
team/project/individual work
accomplishments, problems, and training
needs; resolves simple, informal complaints,
informs supervisor of performance
management issues/problems. (Mandatory for
non-supervisory team leaders optional for
project leaders and program managers.)
Minimum Weight: 15%.
6. Supervision and EEO
The extent to which a supervisor: leads,
manages, plans, communicates and assures
implementation of strategic/operational goals
and objectives of the organization; develops
individual performance objectives, evaluates
performance, evaluates performance by
defining expectations, gives feedback and
provides recognition; initiates personnel
actions to recruit, select, promote and/or
reassign employees in a timely manner;
develops subordinates using positive
motivational techniques on job expectations,
training needs, and attainment of career
goals; recognizes and rewards quality
performance; takes corrective action to
resolve performance or conduct issues;
applies EEO and Merit System Principles,
and creates a positive, safe and challenging
work environment; ensures appropriate
internal controls to prevent fraud, waste or
abuse and safeguards assigned property/
resources. (Mandatory for managers//
supervisors). Minimum Weight: 25%.
APPENDIX D—INTERVENTION MODEL
Intervention
Expected Effects
1. Compensation:
a. Paybanding .........................
Measures
Data Sources
Increased organizational flexibility
Reduced administrative workload,
paperwork reduction.
Advanced in-hire rates .................
Perceived flexibility .......................
Actual/perceived time savings ......
Attitude survey.
Personnel office data, PME results, attitude survey.
Workforce data.
Slower pay progression at entry
levels.
Increased pay potential ................
Increased satisfaction with advancement.
Increased pay satisfaction ............
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Improved recruitment ....................
b. Conversion buy-in ...............
Employee acceptance ..................
c.
Increased incentive to accept supervisory/team leader positions.
Pay differentials/adjustments.
2. Performance Management:
a. Cash awards/bonuses ........
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Reward/motivate performance .....
To support fair and appropriate
distribution of awards.
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Starting salaries of banded v.
non-banded employees.
Progression of new hires over
time by band, career path.
Mean salaries by band, group,
demographics.
Total payroll costs ........................
Employee perceptions of advancement.
Pay satisfaction, internal/external
equity.
Offer/acceptance ratios; Percent
declinations.
Employee perceptions of equity,
fairness.
Cost as a percent of payroll .........
Perceived motivational power ......
Perceived motivational power ......
Amount and number of awards by
group, demographics.
Perceived fairness of awards .......
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Workforce data.
Workforce data.
Personnel office data.
Attitude survey.
Attitude survey.
Personnel office data.
Attitude survey.
Workforce data.
Attitude survey.
Attitude survey.
Workforce data.
Attitude survey.
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APPENDIX D—INTERVENTION MODEL—Continued
Intervention
Expected Effects
Measures
Increased pay-performance link ...
Satisfaction with monetary awards
Perceived pay-performance link ...
Attitude survey.
Attitude survey.
Perceived fairness of ratings ........
Satisfaction with ratings ................
Employee trust in supervisors ......
Adequacy of performance feedback.
Turnover by performance rating
scores.
Attitude
Attitude
Attitude
Attitude
Pay progression by performance
scores, career path.
Linkage of performance objectives
to strategic plans/goals.
Workforce data.
Perceived involvement .................
Attitude survey/focus groups.
Performance management ...........
Employee and supervisor perceptions of revised procedures.
Perceived fairness of process ......
Feedback and coaching procedures used.
Time, funds spent on training by
demographics.
Perceived workforce quality .........
Personnel regulations.
Attitude survey.
3. ‘‘White Collar’’ Classification:
a. Improved classification sys- Reduction in amount of time and
tems with generic standards.
paperwork spent on classification.
Time spent on classification procedures.
Personnel office data.
Personnel office data.
Ease of use ..................................
Reduction of paperwork/number
of personnel actions (classification/promotion).
Managers’ perceptions of time
savings, ease of use.
Perceived authority .......................
Number of classification disputes/
appeals pre/post.
Management satisfaction with
service provided by personnel
office.
Internal pay equity ........................
Personnel records.
Assignment flexibility ....................
Focus groups, surveys.
Perceived internal mobility ...........
Perceived pay equity ....................
Supervisory/non-supervisory
ratios.
Attitude survey.
Attitude survey.
Workforce data
b. Performance based pay
progression.
Improved performance feedback ..
Decreased turnover of high performers/Increased turnover of
low performers.
Differential pay progression of
high/low performers.
Alignment of organizational and
individual performance objectives and results.
Increased employee involvement
in performance planning and
assessment.
c. New appraisal process .......
Reduced administrative burden ....
d. Performance development
Improved communication .............
Better communication of performance expectations.
Improved satisfaction and quality
of workforce.
b. Classification authority delegated to managers.
c. Dual career ladder ..............
Increased supervisory authority/
accountability.
Decreased conflict between management and personnel staff.
No negative impact on internal
pay equity.
Increased flexibility to assign employees.
Improved internal mobility ............
Increased pay equity ....................
Flatter organization .......................
Data Sources
survey
survey.
survey.
survey.
Workforce data.
Performance objectives, strategic
plans.
Focus groups.
Focus groups.
Personnel office data
Training records.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
Attitude survey.
Improved quality of supervisory
staff.
Employee perceptions of quality
or supervisory.
Minimize loss of high performing
employees with needed skills.
Contain cost and disruption ..........
Separated employees by demographics, performance scores.
Satisfaction with RIF process .......
Cost comparison of traditional vs.
Modified RIF.
Time to conduct RIF-personnel office data.
Number of Appeals/reinstatements.
Workforce data/Attitude survey/
focus group.
Attitude survey/focus group.
Personnel office/budget data.
Perceived flexibility in authority to
hire.
Offer/accept ratios ........................
Attitude survey.
Percent declinations .....................
Personnel office data.
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4. Modified RIF:
5. Hiring Authority:
a. Delegated Examining .........
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Improved ease and timeliness of
hiring process.
Improved recruitment of employees in shortage categories.
.......................................................
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Personnel office data.
Personnel office data.
Personnel office data.
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APPENDIX D—INTERVENTION MODEL—Continued
Intervention
Expected Effects
Measures
Data Sources
.......................................................
.......................................................
Timeliness of job offers ................
GPAs of new hires, educational
levels.
Actual/perceived skills ..................
Personnel office data.
Personnel office data.
Number/percentage of conversions from modified term to permanent appointments.
Workforce data.
b. Term Appointment Authority
Reduced administrative workload/
paperwork reduction.
Increased capability to expand
and contract workforce.
c. Flexible Probationary Period
Expanded employee assessment
Average conversion period to permanent status.
Number/percentage of employees
completing probationary period.
.......................................................
Number of separations
probationary period.
during
Attitude survey.
Personnel office data.
Workforce data.
Personnel office data.
Workforce data.
Personnel office data.
Workforce data.
Personnel office data
6. Expanded Development Opportunities:
a. Sabbaticals .........................
7. Combination Of All Interventions:
All ............................................
Improved organizational effectiveness.
Improved management of workforce.
Improved planning ........................
Improved cross functional coordination.
Increased product success ...........
Cost of innovation .........................
8. Context:
Regionalization .......................
Reduced servicing ratios/costs .....
No negative impact on service
quality.
Number and type of opportunities
taken.
Employee and supervisor perceptions.
Number and type of training .........
Attitude survey.
Placement of employees, skills
imbalances corrected.
Employee and supervisor perceptions.
Application of knowledge gained
from training.
b. Critical Skills Training .........
Expanded range of professional
growth and development.
Application of enhanced knowledge and skills to work product.
Improved organizational effectiveness.
Attitude survey/focus group.
Combination of personnel measures.
Employee/Management job satisfaction (intrinsic/extrinsic).
Planning procedures .....................
Perceived effectiveness of planning procedures.
Actual/perceived coordination ......
Workforce data.
Personnel office data.
Personnel office data
Attitude survey.
All data sources.
Attitude survey.
Strategic planning documents.
Attitude survey.
Organizational charts.
Customer satisfaction ...................
Project training/development costs
(staff salaries, contract cost,
training hours per employee).
Customer satisfaction surveys.
Demo project office records
Contract documents.
HR servicing ratios .......................
Personnel office data, workforce
data.
Personnel office data, workforce
data.
Attitude survey/focus groups.
Average cost per employee
served.
Service quality, timeliness ............
[FR Doc. E9–30479 Filed 12–28–09; 8:45 am]
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Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Notices]
[Pages 68936-68966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30479]
[[Page 68935]]
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Part IV
Department of Defense
-----------------------------------------------------------------------
Office of the Secretary
-----------------------------------------------------------------------
Science and Technology Reinvention Laboratory Personnel Management
Demonstration Project, Department of the Army, Army Research,
Development and Engineering Command, Edgewood Chemical Biological
Center (ECBC); Notice
Federal Register / Vol. 74 , No. 248 / Tuesday, December 29, 2009 /
Notices
[[Page 68936]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention Laboratory Personnel
Management Demonstration Project, Department of the Army, Army
Research, Development and Engineering Command, Edgewood Chemical
Biological Center (ECBC)
AGENCY: Office of the Under Secretary of Defense (Civilian Personnel
Policy) (DUSD (CPP)), Department of Defense (DoD).
ACTION: Notice of approval of a demonstration project final plan.
-----------------------------------------------------------------------
SUMMARY: Section 342(b) of Public Law 103-337, as amended, authorizes
the Secretary of Defense to conduct personnel demonstration projects at
Department of Defense (DoD) laboratories designated as Science and
Technology Reinvention Laboratories (STRLs). The above-cited
legislation authorizes DoD to conduct demonstration projects to
determine whether a specified change in personnel management policies
or procedures would result in improved Federal personnel management.
Section 1107 of Public Law 110-181 as amended by section 1109 of Public
Law 110-417 requires the Secretary of Defense to execute a process and
plan to employ the Department's personnel management demonstration
project authorities found in title 5 United States Code (U.S.C.)
section 4703 at the STRLs enumerated in 5 U.S.C. 9902(c)(2), as
redesignated in section 1105, Public Law 111-84, and 73 Federal
Register (FR) 73248 to enhance the performance of these laboratories.
The ECBC is listed as one of the designated STRLs.
DATES: Implementation of this demonstration project will begin no
earlier than February 1, 2010.
FOR FURTHER INFORMATION CONTACT: Edgewood Chemical Biological Center
ECBC: Ms. Kim Hoffman, U.S. Army ECBC, Directorate of Program
Integration, Workforce Management Office (RDCB-DPC-W), 5183 Blackhawk
Road, Building 3330, Room 264, Aberdeen Proving Ground, MD 21010-5424.
DoD: Ms. Betty Duffield, CPMS-PSSC, Suite B-200, 1400 Key
Boulevard, Arlington, VA 22209-5144.
SUPPLEMENTARY INFORMATION:
1. Background
Since 1966, many studies of Department of Defense (DoD)
laboratories have been conducted on laboratory quality and personnel.
Almost all of these studies have recommended improvements in civilian
personnel policy, organization, and management. Pursuant to the
authority provided in section 342(b) of Public Law 103-337, as amended,
a number of DoD STRL personnel demonstration projects were approved.
These projects are ``generally similar in nature'' to the Department of
Navy's ``China Lake'' Personnel Demonstration Project. The terminology,
``generally similar in nature,'' does not imply an emulation of various
features, but rather implies a similar opportunity and authority to
develop personnel flexibilities that significantly increase the
decision authority of laboratory commanders and/or directors.
This demonstration project involves: (1) Two appointment
authorities (permanent and modified term); (2) extended probationary
period for newly hired engineering and science employees; (3) pay
banding; (4) streamlined delegated examining; (5) modified reduction-
in-force (RIF) procedures; (6) simplified job classification; (7) a
pay-for-performance based appraisal system; (8) academic degree and
certificate training; (9) sabbaticals; and (10) a Voluntary Emeritus
Corps.
2. Overview
DoD published notice in 73 FR 73248, December 2, 2008, that
pursuant to subsection 1107(c) of Public Law 110-181 the three STRLs
listed in 73 FR 73248 not having personnel demonstration projects at
this time may adopt any of the flexibilities of the other laboratories
listed in subsection 9902(c)(2), as redesignated in section 1105 of
Public Law 111-84, and further provided notice of the proposed adoption
of an existing STRL demonstration project by two centers under the
United States (U.S.) Army Research, Development and Engineering Command
(RDECOM): ECBC and Natick Soldier Research, Development and Engineering
Center (NSRDEC). The notice indicated that these two centers intended
to adopt the STRL Personnel Management Demonstration project designed
by the U.S. Army Communications--Electronics Command, Research,
Development, and Engineering organizations (a reorganization changed
this designation to the U. S. Army Communications--Electronics
Research, Development and Engineering Center (CERDEC)). Relative to
ECBC's intent to adopt the CERDEC demonstration project, DoD received
comments from three employees during the public comment period which
ended on January 2, 2009: Two presented interests on behalf of the
Unions they represent and the other presented comments on behalf of the
organization itself. All comments were carefully considered.
The following summary addresses the pertinent comments received,
provides responses, and notes resultant changes to the original CERDEC
project plan published in 66 FR 54872, October 30, 2001. Each commenter
addressed more than one topic and each topic was counted separately.
Thus, the total number of comments exceeds the number of individuals
cited above.
A. Pay-for-Performance System
Ten comments were received that relate to the pay-for-performance
system.
(1) General
Comments: Three comments were received concerning the pay-for-
performance system in general as follows: questioned impact to ``good''
workers since this system is designed to reward ``very high''
performers; asserted that individual performance appears to be more
critical and questioned impact to teamwork; and expressed concern that
favoritism could impact employees getting a fair share in payouts from
pay pools which have a fixed amount of money.
Response: The demonstration project performance management system
is designed to provide greater differentiation among performers, as
opposed to the current Total Army Performance Evaluation System (TAPES)
which has evolved into most employees being rated at the same level.
This new approach is based on a pay-for-performance model which allows
for greater communication between supervisor and employee, promotes
clearer accountability of performance, facilitates employee career
progression and provides an understandable and rational basis for pay
changes by linking pay and performance. Under a pay-for-performance
appraisal system there is a fixed amount of money for allocation to all
employees rated. It is expected that higher performing employees earn
greater rewards than lower performing employees. It is important to
note that under this demonstration project, no employee who is rated at
an acceptable level (10 or above on a scale of 0-50) loses base pay. A
reduction in base pay could only occur if an employee receives an
unacceptable rating (9 or below on a scale of 0-50) and is the subject
of an adverse action.
Pay-for-performance systems are often viewed as increasing
competition among employees for limited financial
[[Page 68937]]
rewards and are believed to have a negative impact on teamwork.
However, the Office of Personnel Management (OPM), in an independent
evaluation of laboratory demonstration projects analyzed this factor
and concluded that teamwork had actually improved and that the pay-for-
performance system had no negative effect on teamwork. Furthermore, a
rigorous review process is an integral part of the demonstration
project's pay-for-performance system which links base pay and bonus to
organizational, team and individual performance. Interpersonal skills
is one of the critical performance elements in every employee's
performance plan. This element includes such qualities as being an
effective team player, coordinating actions with others, being
considerate of differing viewpoints, maintaining effective
relationships, etc., all of which encourage sustainment of teamwork.
Lastly, special act and other traditional 5 U.S.C. awards are still
viable options that can be used to reward groups for exceptional team
work.
Major features in the design of the rating system are intended to
overcome perceptions of favoritism and limited differentiation among
ratings. Improved communication throughout the rating cycle facilitates
building a common understanding of performance expectations and
progress toward achieving those expectations. The automated performance
management tool helps assure that objectives are in place on a timely
basis, accomplishments are recorded, and communication related to
performance is on-going. The pay-for-performance system uses standard
performance elements and performance benchmarks to evaluate employee
performance that supports the mission, allows managers to make
meaningful performance distinctions, considers pay in making
performance-based pay decisions and provides information to employees
about the results of the appraisal process and pay decision. At the end
of the rating period, employees submit their accomplishments. Following
the initial scoring of each employee, raters in an organizational unit
along with their next level of supervision, meet to ensure consistency
and equity of the ratings. Through discussion and consensus building,
consistent and equitable ratings are determined based on similar level
of performance, level of work and level of base pay. This improves upon
the current performance appraisal system where there are only brief
performance standards described for the fully successful level and
rating is typically done by a supervisor with review and approval by a
senior rater.
The demonstration project plan includes other means of checks and
balances that address perceptions of favoritism and bias. A Personnel
Management Board has been created to provide oversight for the project
and includes members representing each directorate. A cross-section of
employees participate in a Workforce Advisory Group and are actively
involved in identifying training needs and developing operating
procedures. Training in the pay-for-performance system and other
aspects of the demonstration project will be mandatory for all
supervisors. Finally, perceived fairness of the appraisal process has
been identified as an area for evaluation and will be included in
surveys of the workforce and focus group discussions with employees. An
annual report with a thorough review and analysis of the pay-for-
performance cycle will be published to assist in providing greater
transparency.
(2) Rating
Comments: One commenter believes that higher scores are needed each
year to receive pay increases and questioned whether salary increases
taper off after a few years. The same commenter questioned whether
managers will be involved in rating employees they do not have direct
contact with and whether pay pool managers will be familiar with those
they are rating.
Response: Base pay increases and/or bonuses are earned based on an
employee's total performance score. Scores of 21 or higher earn a
performance payout. Higher scores are not needed each year to receive a
base pay increase. Base pay increases can continue to be earned which
allows progression in base pay up to the maximum base pay rate for the
employee's pay band. Once an employee reaches the maximum base pay rate
for their pay band their base pay is ``capped,'' similar to when an
employee reaches step 10 of their General Schedule (GS) grade. The
performance payout earned is then converted to bonus. The project plan
also includes two performance-based rules (midpoint rule and
significant accomplishment rule) that may affect base pay increases.
Refer to III.C.10. and III.C.11. for how these rules relate to scores.
It is important to note that as base pay progresses over time,
performance expectations also increase and are factored into the
appraisal process.
As to the rating process, first-line supervisors initially rate
their employees. These initial scores are then subject to discussion,
review and reconciliation and may result in adjustments upward or
downward. Review of the scores across organizational lines continues at
succeeding levels up the management chain to the final level of review
which is the pay pool manager. Participants in the next level
reconciliation will have full knowledge of their respective preceding
level's discussions and decisions to represent those employees. Other
participants may have varying degrees of direct knowledge of an
employee's performance but will be knowledgeable of the nature of the
technologies/work being performed. The requirement for raters to
explain their recommended ratings and the active discussion within the
group emphasizes to each rater the importance of taking performance
management earnestly. The process of reconciliation serves to overcome
variations in expectations from one rater to another, helps to ensure
that different raters apply the performance benchmarks consistently,
and resolves variances in what one manager considers exceptional work
from another who judges it as merely acceptable.
(3) Pay Pools
Comments: One commenter recommended that the base pay and bonus pay
pool funding percentage be revised to set a minimum percentage rather
than ranges. Another commenter questioned how many pay pools would be
set for the Rock Island site. This same commenter asked who would serve
as the pay pool manager(s) for the Rock Island site.
Response: The laboratory considered the recommendation to alter the
pay pool funding percentage and has amended III.C.7. ``Pay Pools'' to
define pay pool funding for base pay increases and bonuses at minimum
levels as opposed to a range of minimum and maximum. The base pay
increase pool of money will be set at no less than the current minimum
of 2% and the bonus increase pool of money will be set at no less than
the current minimum of 1%. Higher amounts may be set within budgetary
limits.
With regard to the questions concerning pay pools and pay pool
manager(s) at one of ECBC's remote sites (Rock Island), the Personnel
Management Board will annually determine the number of pay pools using
guidelines such as size, number of supervisory/non-supervisory
employees participating, etc., and make a recommendation to the
Technical Director for final approval. Once the pay
[[Page 68938]]
pools have been decided, then the pay pool managers will be named for
each pay pool by the Personnel Management Board. All employees will be
informed of their pay pool assignment and designated pay pool manager.
(4) Payout Determinations
Comments: One commenter questioned how payouts are computed and the
factors that affect the equation. The same commenter asked whether
management can decide to not give a base pay increase or bonus for an
employee's rating and give payouts in the form of all bonus rather than
a combination of base pay increase and bonus.
Response: Management cannot arbitrarily decide to not give a pay
increase or a bonus. An employee's performance payout is based on the
employee's score, the shares earned for that score, the value of the
shares and the employee's adjusted base pay. The performance payout is
calculated based on provisions set forth in the FR Notice and the
resulting payout is a base pay increase and/or bonus. Scores translate
into shares and each point above the score of 20 is worth one tenth of
a share with a maximum score of 50 equaling 3 shares. There is no
discretion on the amount of shares earned. For example, a score of 32
earns 1.2 shares. The value of a single share, however, may vary from
one pay pool to another since it is based on factors relative to
individual pay pools (such as the number of shares awarded in the pay
pool, etc.). Figure 3 (III.C.8.) illustrates the formula for computing
share value. The value of a share is computed after the scores for each
individual in the pay pool have been finalized. The payout (base pay
increase/bonus) is calculated by first multiplying the shares earned by
the share value and multiplying that product by base pay. An adjustment
is then made to account for locality pay or staffing supplement.
Payouts are typically a combination of base pay increase and bonus.
The split is generally determined by the funding in the pay pool (i.e.,
if the pay pool funding is two-thirds base pay and one-third bonus
funding, then the payout split would be two-thirds base pay increase
and one-third bonus). For employees at the maximum base pay of their
band or affected by a performance-based rule, some or all of the payout
converts to bonus as determined by the end of the band or the specific
performance rule. The full amount of the base pay increase and bonus
may also be affected if an employee leaves the demonstration project
prior to the effective date of the payout. There is some discretion on
the part of the pay pool manager to shift all or some of an employee's
bonus portion to base pay increase depending on available unexpended
base pay funds and other criteria to be established. Any dollar
increase to an employee's base pay increase will be offset by a
corresponding decrease in the employee's bonus. Thus, the employee's
total performance payout is unchanged. Internal operating procedures
will provide further guidance.
B. Pay
Nine comments were received related to pay.
(1) General
Comments: Five comments were received regarding pay in general as
follows: whether the GS salary tables will be used as a guide and at
what point an employee's salary is capped; whether employees will
receive the annual general pay increase; an interest in history of
employees reaching the top of their pay band since GS employees can
reach the top of their grade over time; a remark that morale could be
an issue for careerists who have paid their dues since new employees
under the demonstration will have greater monetary incentives available
to them; and a suggestion to relieve pay compression by providing
additional waivers to permit full locality payment.
Response: The minimum and maximum rate of base pay for each band
continues to be linked to the GS rates of pay. The rates are updated
each year following the general pay increase which typically takes
place in January. As long as the general pay increase is authorized,
all employees in the demonstration project who are performing at an
acceptable level will receive it. Acceptable performance under the
demonstration project is defined as a total score of 10 or above and
every performance element scored at 10 or above (on a scale of 0-50).
If an employee is on a Performance Improvement Plan (PIP) due to
unacceptable performance when the general pay increase takes effect,
he/she will not receive it until such time as the performance improves
to an acceptable level and remains so for at least 90 days.
Maximum potential base pay progression depends on the end point of
the employee's pay band. For example, if the base pay rate range is GS-
12/step 1 to GS-13/step 10, as is the case for DE-III, the employee can
progress in base pay beyond the GS-12/step 10 base pay rate up to the
maximum of the GS-13/step 10 base pay rate equivalent based on
individual performance. Refer to III.A.2. which illustrates the pay
band structure and the crosswalk to GS grades.
Under the demonstration project, base pay progression within a pay
band is directly linked to individual performance. As a result, we can
not specify a certain number of years it would take to progress from
the minimum to the maximum of the band. However, progress through the
band will be one of the areas assessed. As previously stated, employees
are eligible (based on their performance scores) to receive annual base
pay increases (unless they have reached the top of their band or are
impacted by a performance-based rule). Annual base pay increases
replace the traditional within-grade increases and quality step
increases. In addition, an employee under the GS system is limited in
base pay progression to step 10 of their grade. Under the demonstration
project, however, employees are placed in pay bands which cover a wider
range of base pay than a single grade (except for DK-III) and
promotions are required only for movement to a higher band.
Under the GS pay system, employees must perform at an acceptable
level and meet length of service requirements in order to be entitled
to a within-grade increase. The waiting period for a step increase
changes from one year to two years and then to three years over time,
totaling eighteen years for normal progression in grade from step 1 to
step 10. While it is true that most GS employees will reach step 10 of
their grade given enough time, it is not a guarantee because of the
performance factor. The demonstration pay-for-performance system
rewards good performance and as such, it is entirely possible that
employees in the demonstration project could receive base pay increases
that are equivalent to or higher than a step increase each year and
could, therefore, progress in their band faster than they would under
the GS system.
Motivating and incentivizing the workforce is one of the objectives
of the laboratory demonstration project. In fact, in an evaluation of
laboratory demonstration projects, OPM conducted a pulse survey which
concluded that motivation levels remained high and that pay
satisfaction increased in all labs. As previously described, employees
have the opportunity to advance without competition within a pay band,
thus eliminating previous promotion requirements and grade limitations.
While it is true that under the demonstration project pay may be set
anywhere in the band for newly hired employees, decisions are based on
[[Page 68939]]
the qualifications of the individual, the unique requirements of the
position and the labor market considerations relative to the
occupation. Other demonstration projects who are offering higher
starting base pay for interns, as an example, have seen a significant
increase in the recruitment of graduates with higher Grade Point
Averages (GPAs) and are able to recruit at more selective colleges and
universities. Although the starting base pay is higher than the GS
counterpart, this is offset by slower pay progression that is dependent
upon individual performance and tends to be slower than the rapid
career ladder promotions that occur in the GS system. Consequently, at
the conclusion of the 18-30 month internship, employees' base pay is
comparable.
As to the last comment, there is concern that individuals whose
base pay is at the higher end of the GS-15 base pay range do not
receive their full locality pay. This situation also occurs within the
demonstration project for the Engineering and Science (E&S) and the
Business and Technical (BT) occupational families since Pay Band IV of
both is linked to a range of GS base pay with a cap equivalent to the
GS-15, step 10 base pay rate. However, increasing the maximum base pay
for GS-15 equivalent pay bands will create a compensation imbalance
with individuals in Scientific and Professional and Senior Executive
Service positions. This locality cap issue is being examined at higher
levels; therefore, no change is proposed.
(2) Supervisory Pay
Comments: One commenter proposed that supervisory/team leader pay
adjustments and pay differentials be changed to provide up to ten
percent for team leaders. Another commenter asked whether supervisory
pay is based on the number of employees supervised.
Response: The suggestion to increase the maximum for team leader
pay adjustments and differentials from five percent to ten percent of
base pay was considered and senior management agreed that this change
would increase our flexibility to incentivize team leaders when
warranted. Therefore, language has been added to revise the amount of
pay adjustments and pay differentials for team leaders from ``up to
five percent'' to ``up to ten percent'' in III.F.7. ``Supervisory and
Team Leader Pay Adjustments'' and III.F.8. ``Supervisory/Team Leader
Pay Differentials.''
As to the second comment, for a position to be classified as
supervisory, the individual must spend at least 25 percent of their
time performing supervisory duties, e.g. assigning/reviewing work,
evaluating performance, approving leave, etc. Pay is not based on a
specific number of employees supervised but the number of employees
supervised may be an influencing factor in determinations related to
supervisory base pay adjustments and pay differentials. Adjustments and
differentials will be used selectively, not routinely, to compensate
supervisors and/or team leaders who meet detailed criteria contained in
the demonstration project internal operating procedures.
(3) Internal Placement
Comments: One commenter suggested that a pay increase of up to a
defined amount should be permitted when a person moves to a position of
greater responsibility (reassignment) within the same pay band. Another
commenter inquired how performance payouts are handled for employees on
temporary assignments/promotions and whether pay increases are
withdrawn when the temporary assignment/promotion ends.
Response: Since broad pay bands include positions of varying
complexity and responsibility, a base pay increase would provide
incentive to encourage employees to accept positions of greater
responsibility in the same pay band. Therefore, language has been added
at III.F.5. to address this issue and to define ``reassignment'' in
III.E.2. A reassignment may be effected without a change in base pay.
However, a base pay increase may be granted where a reassignment
significantly increases the complexity, responsibility, authority or
for other compelling reasons. Such an increase is subject to specific
guidelines to be established by the Personnel Management Board.
With regard to a temporary assignment/promotion, an employee can be
rated if they are under approved objectives for the position for a
minimum of 120 days. The payout is calculated using the computations in
III.C.8. When a temporary promotion is terminated, pay will be
determined based on the position of record, with appropriate
adjustments to reflect pay events during the temporary promotion,
subject to policies established by the Personnel Management Board.
Those adjustments may not increase the base pay for the position of
record beyond the applicable pay band maximum base pay. Internal
operating procedures will provide further guidance.
C. Extraordinary Achievement Recognition
Two comments were received about the Extraordinary Achievement
Recognition.
Comments: One commenter suggested that the Extraordinary
Achievement Recognition language be moved to a separate section since
it is considered after and separate from the pay pool payout process.
The same commenter also proposed that the Extraordinary Achievement
Recognition language be revised to allow for bonus as an alternative to
a base pay increase since capped employees would be precluded from
receiving this recognition.
Response: While an Extraordinary Achievement Recognition is
considered after the pay pool payout process, it is not entirely
separate from the process itself. Following the performance evaluation
process, the pay pool manager is the agent who requests permission from
the Personnel Management Board to grant a base pay increase higher than
the one generated by the compensation formula for that employee.
However, senior management is in agreement that a separate paragraph
would clarify the intent and process for the Extraordinary Achievement
Recognition and the provision has been moved to a separate paragraph in
III.C.9. ``Base Pay Increases and Bonuses.''
As to the second comment, language has been added to the new
section at III.C.9. as referenced above allowing for the option to
grant either a base pay increase and/or a bonus as an Extraordinary
Achievement Recognition. This permits employees whose base pay is at
the maximum of their pay band to receive this recognition.
D. Pay Bands
Two comments were received concerning Pay Bands.
Comments: One commenter advised that reconsideration be given to
initial placement of all GS-14 engineers and scientists to the E&S
occupational family (DB) Pay Band IV and requested clarification of how
any subsequent conversions for GS-14 E&S positions will be handled.
Another comment received suggested that the number of Pay Band V
positions be expanded to permit a certain number or percent at each
STRL since the current limited number has already been allocated to
other organizations which would preclude ECBC from having this
flexibility.
Response: We have carefully considered these comments. With
[[Page 68940]]
regard to placement of GS-14 E&S employees, language has been changed
in III.A.1. and added in III.A.2. to reflect that upon conversion into
the demonstration project, E&S employees currently at grade GS-14 will
be assigned to either Pay Band III or Pay Band IV based on a review of
the duties and responsibilities of the position as compared to the
classification criteria.
In response to the second comment, the use of Pay Band V has proven
to be beneficial in recruiting and retaining highly-qualified senior
scientific technical managers in those STRL personnel demonstration
projects that have such positions. The limited number of such positions
makes it difficult to meet the requirements of all the STRLs who wish
to use this flexibility. The DoD is currently reviewing all Pay Band V
positions. No change is proposed in the number of Pay Band V positions
pending the completion of the DoD review.
E. Probationary Period
Two comments were received about the extended probationary period.
Comments: One commenter advised that a recent court decision
limited the intent of the extended probationary period. The other
commenter questioned why the probationary period is extended to three
years and is only applicable to new engineers and scientists.
Response: The purpose of extending the probationary period is to
allow supervisors a proper period of time to fully evaluate an
employee's performance and conduct. It applies to newly hired engineers
and scientists since this group is often given advanced training during
their first year on the job, which removes them from the workplace and
direct observations of their performance. This can minimize the time
available for the supervisor to determine whether the employee should
be retained beyond the probationary period.
The extended probationary period of up to three years allows
supervisors sufficient time to properly, objectively and completely
evaluate an employee's performance and conduct. Probationary employees
whose conduct and/or performance is unsatisfactory may be terminated in
accordance with the procedures in part 315 of title 5 of the Code of
Federal Regulations (CFR). However, a recent court decision has
extended adverse action procedural and substantive protections to
individuals defined as employees without regard to whether the
individuals are serving a probationary period. To permit termination
during the probationary period without using adverse action procedures,
waivers have been added under IX. ``Required Waivers to Law and
Regulation'' to allow for up to a three-year probationary period and to
remove from the definition of employee, except for those with veterans'
preference, those serving a probationary period under an initial
appointment.
If a probationary employee's performance is determined to be
satisfactory at a point prior to the end of the three-year period, a
supervisor has the option of ending the probationary period at an
earlier date, but not before the employee has completed one year of
continuous service.
F. Conversion
Two comments were received related to conversion into the
demonstration project.
Comments: One commenter inquired whether management can place an
employee into a lower band upon conversion than where they are under
the GS system. Another commenter recommended that conversion of interns
into the demonstration project occur when the employees reach their
full performance level for their GS position.
Response: Initial entry into the demonstration project is
accomplished through a full employee-protection approach that ensures
initial placement of each employee into a pay band with no loss of pay
upon conversion. Employees are placed in an occupational family (i.e.,
DB, DE, DK) based upon their occupational series and in a pay band that
includes their current grade. The GS-14 grade occurs in two bands of
the E&S occupational family, which are Pay Band III and Pay Band IV.
The placement of GS-14 employees in the DB family will be decided upon
a review of the position's duties and responsibilities as compared to
the demonstration project classification criteria and may occur in
either DB Pay Band III or DB Pay Band IV. Placement of a GS-14 into DB-
III, however, is not placement in a lower graded position.
As to the second comment, interns typically receive several career
promotions prior to reaching their full performance level. Average base
pay performance payouts may not provide increases as substantial as
career promotions under the GS. Delaying conversion into the
demonstration project pay bands until interns reach their full
performance level will assure that the interns' base pay is
commensurate with the full performance level base pay rate. Therefore,
the language at II.E. has been revised to reflect that interns will not
convert into demonstration project pay bands until they reach their
full performance level.
G. Classification
One comment was received concerning classification.
Comment: One commenter questioned that with the GS system having
over 400 series and the laboratory demonstration project with only 22,
how classification of positions will be conducted and who (i.e.,
employees) will be involved in that process.
Response: OPM series and position titles will continue to be used
in the demonstration project. Based on the nature of the work, the
series will be assigned to one of three occupational families. A
listing of the series assigned to each occupational family for ECBC is
contained in Appendix B. Demonstration project classification criteria
will be developed for each occupational family. These classification
criteria will replace the OPM classification standards and guides for
purposes of grading. The Technical Director will have classification
authority and this authority may be re-delegated. As is the case now,
Civilian Personnel Advisory Center (CPAC) specialists will assist the
classification authority to assure that positions are properly
classified in accordance with the demonstration project criteria.
On conversion into the demonstration project, employees will be
assigned to an occupational family and pay band based on their current
occupational series and grade. Since there is an overlapping band for
engineers and scientists at the GS-14 level, the assignment of the pay
band will be on a case-by-case basis. The classification conversion
will be performed by the servicing Civilian Personnel Office, and each
employee will receive a Notification of Personnel Action, Standard Form
50, documenting the change from GS to the demonstration project.
Employees will continue to be able to initiate a classification appeal
as described in the operating procedures.
H. Promotion
One comment was received related to promotion eligibility.
Comment: One commenter suggested that the minimum score of ``30''
to be eligible for a competitive promotion is too high.
Response: We considered the suggestion to lower the minimum
performance score of ``30'' required for promotion eligibility. Scores
of 10 and higher are considered ``acceptable performance'' and scores
of 21 and
[[Page 68941]]
higher earn a performance payout. Setting a minimum score of 30 for
promotion sets the requirement higher than the score for a performance
payout and may discourage the use of scores in the 21 to 29 range.
Accordingly, the minimum performance score for promotion has been
changed from ``30'' to ``21'' in III.E.1. ``Promotions.''
I. Reduction in Force (RIF)
One comment was received regarding RIF.
Comment: One commenter asked what criteria is used during a RIF.
Response: Existing RIF procedures will be followed with slight
modifications. Separate competitive areas will be established for
demonstration project employees at each geographic location. Within
each competitive area, competitive levels will be established based on
the occupational family (DB, DE, DK), pay band, occupational series,
etc. In order to determine who is affected in a RIF, employees are
listed in RIF retention order based on tenure group, veterans'
preference and adjusted length of Federal service, in that sequence. An
employee's length of service is adjusted by receiving additional years
of service based on the last three total performance scores during the
preceding four years (e.g., 48-50 = 10 years, 45-47 = 9 years, and so
on; refer to II.H.3.). A score below 20 adds no credit for RIF. Under
the demonstration project, the adjusted service computation date is
calculated by adding the additional years, not by averaging.
J. Historical Analysis
Two comments were received concerning demonstration project data
results.
Comment: One commenter questioned acceptance of the demonstration
project in comparison to the GS system beyond anecdotal evidence and
inquired whether surveys were conducted at other demonstration project
sites. Another commenter asserted that CERDEC has not presented data
showing a more effective organization under the demo project.
Response: The Office of Personnel Management (OPM) started
conducting surveys of STRL personnel demonstration projects as far back
as 1996 and have several reports, all of which include CERDEC data
subsequent to its implementation, on their Web site at https://www.opm.gov/aps/about/reports/index.aspx. According to the 2006 report,
``historic data for past demonstration projects'' * * * ``show support
grows slowly over time and that it takes at least five years to gain
the support of two-thirds of the participating employees. Typically,
support stabilizes at the two-thirds level, and that level is
considered a benchmark with respect to the change efforts these
demonstration projects represent.''
K. Miscellaneous Comments
There were ten comments in this area as follows:
(1) Positive Comment
One commenter voiced support of the demonstration and remarked that
the flexibilities afforded will help the Center achieve greater
effectiveness.
(2) Administrative Changes/Technical Updates
Two comments were received related to administrative changes and
technical updates to the Federal Register document.
Comments: One commenter advised that updates throughout the
document were needed to reference ECBC rather than CECOM RDE and to
reflect legal or regulatory changes. The same commenter also suggested
that the occupational series listing in Appendix B be revised to
include those series employed at ECBC.
Response: A number of changes were made to the final Federal
Register to include ECBC as the name of the organization; its
organizational and workforce information; approval authorities; and
technical modifications to conform to changes in the law and governing
regulations. In addition, some areas have been re-formatted for clarity
and to improve readability. Throughout the document changes have been
made to clarify and provide consistent use of pay terminology. Minor
revisions have been made to Appendix C: Performance Elements to be
consistent with the descriptions currently in use by CERDEC.
(3) Resources
One comment was received regarding staffing requirements for the
project.
Comment: One commenter asked what additional staffing requirements
(personnel, software) are required to implement the project.
Response: There is currently one civilian who is assigned overall
demonstration project management responsibility for ECBC. This employee
is assisted by a part-time contractor. Staffing requirements may be
adjusted over the course of the project as necessary. Each directorate/
office will continue to process personnel actions through their
respective human resources analyst. It is expected that various working
groups beyond the Personnel Management Board will be established to
contribute to various components and phases of the project.
As to software, ECBC is planning to adopt an existing automated
system, developed at Fort Monmouth, NJ. It's a Web-based tool that
supports development of position descriptions and all actions in
support of the pay-for-performance rating process. The application
enables employees to input objectives and record accomplishments,
raters to score the performance, and higher-level supervisors to review
employee scores and analyze scoring trends to achieve greater
consistency across organizational lines.
(4) Reference to the National Security Personnel System (NSPS)
Five comments were received that made reference to NSPS.
Comment: Two comments cited quotes from publications relating to
fairness under the NSPS pay-for-performance system. Two comments cited
quotes from articles and one comment referenced the 2008 National
Defense Authorization Act (NDAA) concerning inclusion of bargaining
unit members under NSPS. Management will continue to comply with the
labor relation provisions of 5 U.S.C. 4703(f) and 7117 concerning
inclusion of bargaining unit employees.
With regard to references concerning inclusion of bargaining unit
members under NSPS, collective bargaining rights are granted under
Federal law and the demonstration project does not impede those rights.
ECBC is committed to meeting its bargaining obligation under the law.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this Federal Register shall be available
for use by all STRLs listed in section 9902(c)(2) of title 5, United
States Code, as redesignated in section 1105 of Public Law 111-84, if
they wish to adopt them in accordance with DoD Instruction 1400.37;
pages 73248 to 73252 of volume 73, Federal Register; and the fulfilling
of any collective bargaining obligations.
Dated: December 17, 2009.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
Table of Contents
I. Executive Summary
II. Introduction
A. Purpose
B. Problems With the Present System
C. Changes Required/Expected Benefits
D. Participating Organizations
[[Page 68942]]
E. Participating Employees and Union Representation
F. Project Design
G. Personnel Management Board
III. Personnel System Changes
A. Pay Banding
B. Classification
C. Pay for Performance
D. Hiring Authority
E. Internal Placement
F. Pay Setting
G. Employee Development
H. Reduction-in-Force Procedures
IV. Implementation Training
V. Conversion
A. Conversion to the Demonstration Project
B. Conversion out of the Demonstration Project
C. Personnel Administration
D. Automation
E. Experimentation and Revision
VI. Project Duration
VII. Evaluation Plan
A. Overview
B. Evaluation Model
C. Evaluation
D. Method of Data Collection
VIII. Demonstration Project Costs
A. Cost Discipline
B. Developmental Costs
IX. Required Waivers to Law and Regulation
A. Waivers to title 5, U.S.C.
B. Waivers to title 5, CFR
Appendix A: ECBC Employees by Duty Locations
Appendix B: Occupational Series by Occupational Family
Appendix C: Performance Elements
Appendix D: Intervention Model
I. Executive Summary
This project adopts with some modifications the STRL personnel
management demonstration project, designed by the then named U.S. Army
Communications-Electronics Command (CECOM), Research, Development and
Engineering (RDE) organizations, with participation and review by the
Department of the Army (DA) and DoD. After implementation of the CECOM
RDE demonstration project, CECOM reorganized. Its laboratory, the
Communications-Electronics Research Development and Engineering Center
(CERDEC), was realigned under RDECOM. At the same time, the ECBC was
also realigned under RDECOM. The ECBC includes the ECBC organization at
the Edgewood Area of Aberdeen Proving Ground, employees matrixed to the
Joint Program Executive Office for Chemical/Biological Defense (JPEO-
CBD) and ECBC employees with duty stations at other sites.
The ECBC provides integrated science, technology and engineering
solutions to address chemical and biological vulnerabilities and
threats. ECBC's core competency is working with chemical and biological
agents at all stages of the materiel life cycle. ECBC maintains the
following fundamental capabilities:
(1) Chemistry and Bioscience of Chemical and Biological Warfare.
(2) Inhalation Toxicology.
(3) Aerosol Physics.
(4) Filtration Sciences.
(5) Agent Spectroscopy/Algorithm Development.
(6) Chemical and Biological Testing and Evaluation.
(7) Chemical and Biological Materiel Acquisition.
(8) Agent Handling and Surety.
(9) Chemical Munitions Field Operations.
In order to sustain these unique capabilities, the ECBC must be
able to hire, retain and continually motivate enthusiastic, innovative,
and highly-educated scientists and engineers, supported by skilled
business management and administrative professionals as well as a
skilled administrative and technical support staff.
The goal of the project is to enhance the quality and
professionalism of the ECBC workforce through improvements in the
efficiency and effectiveness of the human resource system. The project
interventions will strive to achieve the best workforce for the ECBC
mission, adjust the workforce for change, and improve workforce
satisfaction. This demonstration project extends the CERDEC
demonstration project to ECBC. The CERDEC project built on the
concepts, and uses much of the same language, as the demonstration
projects developed by the Army Research Laboratory (ARL); the Aviation
and Missile Research, Development, and Engineering Center (AMRDEC); the
Navy's ``China Lake;'' and the National Institute of Standards and
Technology (NIST). The results of the project will be evaluated within
five years of implementation.
II. Introduction
A. Purpose
The purpose of the project is to demonstrate that the effectiveness
of DoD STRLs can be enhanced by expanding opportunities available to
employees and by allowing greater managerial control over personnel
functions through a more responsive and flexible personnel system.
Federal laboratories need more efficient, cost effective, and timely
processes and methods to acquire and retain a highly creative,
productive, educated, and trained workforce. This project, in its
entirety, attempts to improve employees' opportunities and provide
managers, at the lowest practical level, the authority, control, and
flexibility needed to achieve the highest quality organization and hold
them accountable for the proper exercise of this authority within the
framework of an improved personnel management system.
Many aspects of a demonstration project are experimental.
Modifications may be made from time to time as experience is gained,
results are analyzed, and conclusions are reached on how the system is
working. The provisions of this project plan will not be modified, or
extended to individuals or groups of employees not included in the
project plan without the approval of the ODUSD(CPP). The provisions of
DoDI 1400.37, are to be followed for any modifications, adoptions, or
changes to this demonstration project plan.
B. Problems With the Present System
The current Civil Service GS system has existed in essentially the
same form since the 1920's. Work is classified into one of fifteen
overlapping pay ranges that correspond with the fifteen grades. Base
pay is set at one of those fifteen grades and the ten interim steps
within each grade. The Classification Act of 1949 rigidly defines types
of work by occupational series and grade, with very precise
qualifications for each job. This system does not quickly or easily
respond to new ways of designing work and changes in the work itself.
The performance management model that has existed since the passage
of the Civil Service Reform Act has come under extreme criticism.
Employees frequently report there is inadequate communication of
performance expectations and feedback on performance. There are
perceived inaccuracies in performance ratings with general agreement
that the ratings are inflated and often unevenly distributed by grade,
occupation and geographic location.
The need to change the current hiring system is essential as ECBC
must be able to recruit and retain scientific, engineering, acquisition
support and other professionals and skilled technicians. ECBC must be
able to compete with the private sector for the best talent and be able
to make job offers in a timely manner with the attendant bonuses and
incentives to attract high-quality employees.
Finally, current limitations on training, retraining and otherwise
developing employees make it difficult to correct skill imbalances and
to prepare current employees for new lines of work to meet changing
missions and emerging technologies.
[[Page 68943]]
C. Changes Required/Expected Benefits
The primary benefit expected from this demonstration project is
greater organizational effectiveness through increased employee
satisfaction. The long-standing Department of the Navy ``China Lake''
and NIST demonstration projects have produced impressive statistics on
increased job satisfaction and quality of employees versus that for the
Federal workforce in general. This project will demonstrate that a
human resource system tailored to the mission and needs of the ECBC
workforce will facilitate:
(1) Increased quality in the workforce and resultant products,
(2) Increased timeliness of key personnel processes,
(3) Increased retention of ``excellent performers,''
(4) Increased success in recruitment of personnel with critical
skills,
(5) Increased management authority and accountability,
(6) Increased satisfaction of customers, and
(7) Increased workforce satisfaction with the personnel management
system.
An evaluation model was developed for the Director, Defense, Research
and Engineering (DDR&E) in conjunction with STRL service
representatives and the OPM. The model will measure the effectiveness
of this demonstration project, as modified in this plan, and will be
used to measure the results of specific personnel system changes.
D. Participating Organizations
The RDECOM ECBC is comprised of the ECBC at the Edgewood Area of
Aberdeen Proving Ground, Maryland, ECBC employees matrixed to JPEO-CBD
and ECBC employees geographically dispersed at the locations shown in
Appendix A. It should be noted that some sites currently employ fewer
than ten people and that the sites may change should ECBC reorganize or
realign. Successor organizations will continue coverage in the
demonstration project.
E. Participating Employees and Union Representation
This demonstration project will cover approximately 1,100 ECBC
civilian employees under title 5, U.S.C. in the occupations listed in
Appendix B. The project plan does not cover members of the Senior
Executive Service (SES), Scientific and Professional (ST) employees,
Federal Wage System (FWS) employees, employees presently covered by the
Defense Civilian Intelligence Personnel System (DCIPS), Department of
Army (DA) and Army Command centrally funded interns and students
employed under the Student Career Experience Program. Employees on
temporary appointments will not be covered in the demonstration
project.
Department of Army, Army Command centrally funded, and local
interns (hired prior to implementation of the project) will not be
converted to the demonstration project until they reach their full
performance level. They will also continue to follow the TAPES
performance appraisal system. Local interns hired after implementation
of the project will be covered by all terms of the demonstration
project.
The National Federation of Federal Employees (NFFE), Federal
District 1, Local 178 and the American Federation of Government
Employees (AFGE) Local 15 represent a majority of ECBC employees. Of
those employees assigned to ECBC, approximately 87% are represented by
a labor union.
To foster union acceptance of ECBC's proposed personnel
demonstration project, initial discussions with the local NFFE union
began in May 2006. Later that same month, at ECBC's invitation, the
NFFE Local 178 participated in a presentation briefed by CERDEC which
covered the major aspects of their personnel demonstration project
plan. Subsequent to this meeting, senior leadership for both ECBC and
NFFE Local 178 had changed. ECBC's new Technical Director continued to
support the former Director's initiative to adopt a personnel
demonstration project and committed to the effort. In July 2008, senior
management arranged for another meeting with NFFE which included the
new local president and regional representative to re-introduce and
discuss key features of the project plan.
In October 2008, ECBC began similar discussions with the AFGE Local
15. ECBC has maintained on-going communication with the Unions
regarding its intent to pursue approval for a laboratory personnel
demonstration project. The unions have received updates as specific
phases of the project have evolved and have been invited to attend town
hall meetings and smaller information sessions provided to the
workforce. ECBC will continue to fulfill its obligation to consult and/
or negotiate with all labor organizations in accordance with 5 U.S.C.
Sections 4703(f) and 7117.
F. Project Design
The ECBC has been a DOD STRL since June 1995. This status
authorized ECBC to participate in all of the STRL initiatives, to
include the authority to carry out personnel demonstration projects. In
December 2005, RDECOM Headquarters asked ECBC of their intent to pursue
a personnel demonstration project. In-depth discussions with both
CERDEC and NSRDEC resulted in an ECBC Laboratory Demonstration decision
brief to its senior leadership in April 2006. At the conclusion of that
briefing, ECBC senior leadership voted to move toward adopting CERDEC's
existing laboratory personnel demonstration project. Subsequently, the
ECBC submitted a request to adopt the CERDEC demonstration project. The
CERDEC demonstration project was the most recently approved
demonstration project, used an inclusive approach for its design, and
benefitted from the experiences of prior STRL demonstration projects.
After the enactment of the National Defense Authorization Act for
Fiscal Year 2008 providing for full implementation of the personnel
demonstration project, the DoD announced ECBC's intent to adopt the
CERDEC demonstration project in 73 FR 73248, December 2, 2008.
G. Personnel Management Board
ECBC has created a Personnel Management Board to oversee and
monitor the fair, equitable, and consistent implementation of the
provisions of the demonstration project to include establishment of
internal controls and accountability. Members of the board are senior
leaders appointed by the ECBC Technical Director. As needed, ad hoc
members, (such as labor counsel, human resource representatives, etc.)
will serve as advisory members to the board.
The board will execute the following:
(1) Determine the composition of the pay-for-performance pay pools
in accordance with the guidelines of this proposal and internal
procedures;
(2) Review operation of pay pools and provide guidance to pay pool
managers;
(3) Oversee disputes in pay pool issues;
(4) Formulate and execute the civilian pay budget;
(5) Manage the awards pools;
(6) Determine hiring and promotion base pay as well as exceptions
to pay-for-performance base pay increases;
(7) Conduct classification review and oversight, monitoring and
adjusting classification practices and deciding board classification
issues;
(8) Approve major changes in position structure;
(9) Address issues associated with multiple pay systems during the
demonstration project;
(10) Establish Standard Performance Elements and Benchmarks;
[[Page 68944]]
(11) Assess the need for changes to demonstration project
procedures and policies;
(12) Review requests for Supervisory/Team Leader Base Pay
Adjustments and provide recommendations to the appropriate Center
Director;
(13) Ensure in-house budget discipline;
(14) Manage the number of employees by occupational family and pay
band;
(15) Develop policies and procedures for administering
Developmental Opportunity Programs;
(16) Ensure that all employees are treated in a fair and equitable
manner in accordance with all policies, regulations and guidelines
covering this demonstration project; and
(17) Monitor the evaluation of the project.
III. Personnel System Changes
A. Pay Banding
The design of the ECBC pay banding system takes advantage of the
many reviews performed by DA and DoD. The design has the benefit of
being preceded by exhaustive studies of pay banding systems currently
practiced in the Federal sector, to include those practiced by the
Navy's ``China Lake'' experiment and NIST. The pay banding system will
replace the current GS structure. Currently, the fifteen grades of the
GS are used to classify positions and, therefore, to set pay. The GS
covers all white-collar work-administrative, technical, clerical and
professional. Changes in this rigid structure are required to allow
flexibility in hiring, developing, retaining, and motivating the
workforce.
1. Occupational Families
Occupations with similar characteristics will be grouped together
into one of three occupational families with pay band levels designed
to facilitate pay progression. Each occupational family will be
composed of pay bands corresponding to recognized advancement and
career progression expected within the occupations. These pay bands
will replace individual grades and will not be the same for each
occupational family. Each occupational family will be divided into
three to five pay bands with each pay band covering the same pay range
now covered by one or more GS grades. Employees track into an
occupational family based on their current series as provided in
Appendix B. With the exception of the Engineering and Science Pay Band
III and IV *, employees are initially assigned to the highest band in
which their grade fits. For example a Management Analyst, GS-343-12, in
the Business and Technical occupational family is assigned to Pay Band
III as illustrated in Figure 1. The upper and lower pay rate for base
pay of each band is defined by the GS rate for the grade and step as
indicated in Figure 1 except for Pay Band V of the E&S occupational
family (refer to III.A.3.). Comparison to the GS grades was used in
setting the upper and lower base pay dollar limits of the pay band
levels. However, once employees are moved into the demonstration
project, GS grades will no longer apply. The current occupations have
been examined, and their characteristics and distribution have served
as guidelines in the development of the following three occupational
families:
Engineering and Science (E&S) (Pay Plan DB): This occupational
family includes technical professional positions, such as engineers,
physicists, chemists, mathematicians, operations research analysts and
computer scientists. Specific course work or educational degrees are
required for these occupations. Five bands have been established for
the E&S occupational family:
(1) Band I is a student trainee track covering GS-1, step 1 through
GS-4, step 10.
(2) Band II is a developmental track covering GS-5, step 1 through
GS-11, step 10.
(3) Band III * is a full-performance technical track covering GS-
12, step 1 through GS-14, step 10.
(4) Band IV * includes both senior technical positions along with
supervisors/managers covering GS-14, step 1 through GS-15, step 10.
(5) Band V is a senior scientific-technical manager. The pay range
is: Minimum base pay is 120 percent of the minimum base pay of GS-15;
maximum base pay is Level IV of the Executive Schedule (EX-IV); and
maximum adjusted base pay is Level III of the Executive Schedule (EX-
III).
* Bands III and IV overlap at the end and start points. These two bands
have been designed following a feature used by the Navy's ``China
Lake'' project. Upon conversion into the demonstration project,
employees in the E&S family currently at grade GS-14 will be assigned
to either Band III or Band IV based on a review of the duties and
responsibilities of the position as compared to the classification
criteria.
Business & Technical (B&T) (Pay Plan DE): This occupational family
includes such positions as computer specialists, equipment specialists,
quality assurance specialists, telecommunications specialists,
engineering and electronics technicians, procurement coordinators,
finance, accounting, administrative computing, and management analysis.
Employees in these positions may or may not require specific course
work or educational degrees. Four bands have been established for the
B&T occupational family:
(1) Band I is a student trainee track covering GS-1, step 1 through
GS-4, step 10.
(2) Band II is a developmental track covering GS-5, step 1 through
GS-11, step 10.
(3) Band III is a full performance track covering GS-12, step 1
through GS-13, step 10.
(4) Band IV is a senior technical/manager track covering GS-14,
step 1 through GS-15, step 10.
General Support (GEN) (Pay Plan DK): This occupational family is
composed of positions for which specific course work or educational
degrees are not required. Clerical work usually involves the processing
and maintenance of records. Assistant work requires knowledge of
methods and procedures within a specific administrative area. This
family includes such positions as secretaries, office automation
clerks, and budget/program/computer assistants. Three bands have been
established for the GEN occupational family:
(1) Band I includes entry-level positions covering GS-1, step 1
through GS-4, step 10.
(2) Band II includes full-performance positions covering GS-5, step
1 through GS-8, step 10.
(3) Band III includes senior technicians/assistants/secretaries
covering GS-9 step 1 through step 10.
2. Pay Band Design
The pay bands for the occupational families and how they relate to
the current GS framework are shown in Figure 1.
[[Page 68945]]
Figure 1--Pay Band Chart
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Equivalent GS grades
Occupational family ------------------------------------------------------------------------------------------------------------------------
I II III IV V
--------------------------------------------------------------------------------------------------------------------------------------------------------
E&S..