Science and Technology Reinvention Laboratory (STRL) Personnel Management Demonstration Project, Department of the Navy (DON), Naval Air System Command (NAVAIR) Naval Air Warfare Center, Aircraft Division (NAWCAD), and Naval Air Warfare Center, Weapons Division (NAWCWD), 8530-8570 [2011-3094]
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1. Background
DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention
Laboratory (STRL) Personnel
Management Demonstration Project,
Department of the Navy (DON), Naval
Air System Command (NAVAIR) Naval
Air Warfare Center, Aircraft Division
(NAWCAD), and Naval Air Warfare
Center, Weapons Division (NAWCWD)
Office of the Deputy Under
Secretary of Defense (Civilian Personnel
Policy), (DUSD (CPP)), DoD.
AGENCY:
ACTION:
Notice.
Section 342(b) of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 1995, Public Law (Pub.
L.) 103–337 (10 U.S.C. 2358 note), as
amended by section 1109 of NDAA for
FY 2000, Public Law 106–65, and
section 1114 of NDAA for FY 2001,
Public Law 106–398, authorizes the
Secretary of Defense to conduct
personnel demonstration projects at
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 1105 of
the NDAA for FY 2010, Public Law 111–
84, 123 Stat. 2486, October 28, 2009,
designates additional DoD laboratories
as STRLs for the purpose of designing
and implementing personnel
management demonstration projects for
conversion of employees from the
personnel system which applied on
October 28, 2009. The NAWCAD and
the NAWCWD are listed in subsection
1105(a) of NDAA for FY 2010 as two of
the newly designated STRLs. These two
STRLs will be the participants in the
demonstration project proposal
described in this Federal Register
Notice (FRN).
SUMMARY:
Implementation of this
demonstration project will begin no
earlier than March 1, 2011.
DATES:
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FOR FURTHER INFORMATION CONTACT:
NAVAIR: Mr. Richard Cracraft, Naval
Air Warfare Center, Weapons Division
(NAWCWD), Code 730000D, 1
Administration Circle, Building 00464,
China Lake, CA 93555–6100.
DoD: Ms. Betty A. Duffield, CPMS–
PSSC, Suite B–200, 1400 Key
Boulevard, Arlington, VA 22209–5144.
SUPPLEMENTARY INFORMATION:
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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. The STRL Personnel
Management Demonstration Projects
involve broad-banded pay systems and
simplified classification; compensation
linked to performance, including
contribution-based pay; recruitment and
staffing changes; and enhanced training
and development including critical
skills training, Voluntary Emeritus
Corps, and sabbaticals.
This demonstration project involves:
(1) Two appointment authorities
(permanent and modified term); (2)
extended probationary period for newly
hired employees; (3) pay banding; (4)
streamlined delegated examining; (5)
modified reduction-in-force (RIF)
procedures; (6) simplified job
classification; (7) a mission aligned
objectives and compensation based
appraisal system; (8) market based
starting salaries; (9) academic degree
and certificate training; (10) sabbaticals;
and (11) a Voluntary Emeritus Corps.
2. Overview
The covered organizations
transitioned to the National Security
Personnel System (NSPS) late in 2008.
Subsequently, section 1113 of NDAA for
FY 2010, Public Law 111–84,123 Stat.
2486, required all employees to exit
NSPS by no later than January 1, 2012.
Another section of NDAA for FY 2010,
section 1105, identifies NAWCAD and
NAWCWD as STRLs and requires them
to convert to an STRL demonstration
project within 18 months of enactment
of NDAA for FY 2010. DoD published
notice in 75 FR 55160, September 9,
2010, that Section 1105 of the NDAA for
FY 2010, Public Law 111–84, 123 Stat.
2486, October 28, 2009, designated
NAWCAD and NAWCWD as new STRLs
in subsection 1105(a) of NDAA for FY
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2010 and further provided notice of the
intent of the Naval Air Warfare Center
(NAWC) to model and implement an
STRL Personnel Management
Demonstration project based on the
flexibilities in use by the other STRL
laboratories and demonstration projects.
Relative to NAWC’s intent to model and
implement a new demonstration project,
DoD received comments from 14 people
during the public comment period
which ended on October 12, 2010. All
comments were carefully considered.
The following summary addresses the
pertinent comments received, provides
responses, and notes resultant changes
to the original NAWC project plan
published in 75 FR 55160, September 9,
2010. Several commenters addressed
more than one topic and each topic was
counted separately. Thus, the total
number of comments exceeds the
number of individual commenters.
A. General Issues
In reviewing the comment
submissions, several recurring themes
were discerned that spanned multiple
sections of the proposed regulation and
which were not necessarily aimed
directly at the substance of the proposed
regulation. General issues identified
included: (1) Requests for a return to the
former demonstration project (officially
identified as the Navy Personnel
Management Demonstration Project but
generally recognized as the China Lake
Demo, which became a permanent
Alternative Personnel System); (2) the
perceived similarity of some aspects
between this STRL and the National
Security Personnel System (NSPS) and
the rescinding of NSPS; (3) transparency
and fairness; and (4) a request for the
comment period to be extended.
(1) Return to the Former Navy Personnel
Management Demonstration Project
Comments: Three comments were
received expressing the benefits and
value of the Navy Personnel
Management Demonstration Project and
its tried and tested positive outcomes.
Two of these also asked that it be
reinstated.
Response: While there is no question
about the value and benefits that were
realized under the Navy Personnel
Management Demonstration Project, it is
not possible to return to it. NDAA 2010
specifically states that NAWCAD and
NAWCWD were to exit NSPS and
transition to a Science and Technology
Reinvention Laboratory Demonstration
Project and that the organizations had
18 months from signature of the NDAA
to implement this decision.
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(2) Perceived Similarities Between STRL
and NSPS
Comments: Ten commenters made the
comparison that this STRL
demonstration project is similar to or
the same as NSPS and will thus not be
a success.
Response: The proposed STRL
provisions are based on concepts proven
over more than 25 years for the Navy
Demonstration Project and more than 10
years by the multiple STRLs in Army,
Air Force and Navy who have operating
demonstration projects. There are both
conceptual similarities and differences
between the NAWC STRL, NSPS, the
other existing STRL demonstration
projects, and the Navy Personnel
Management Demonstration Project that
covered Space and Naval Warfare
Systems Command (SPAWAR)
organizations as well as NAWCWD for
more than 25 years. For instance, the
NAWC STRL has a five-level
performance rating system, so did the
Navy Personnel Management
Demonstration Project and so does
NSPS. The STRL has five occupational
families: Scientific and Engineering
(S&E), S&E Technician, Technical
Specialist, Business Professional &
Program Management, and
Administrative Support as did the Navy
Personnel Management Demonstration
Project; NSPS has four: Standard Career
Group, Scientific and Engineering
Career Group, Medical Career Group
and Investigative and Protective
Services Career Group. The STRL will
have hiring flexibilities that neither the
Navy Personnel Management
Demonstration Project nor NSPS had
available. These flexibilities, such as the
proposed Direct Hire Authority for
Scientists and Engineers with Advanced
Degrees, Distinguished Scholastic
Achievement Appointment Authority
(DSAA) for Scientific and Engineering
Positions, and Non-Citizen Hiring
flexibilities are only available to
laboratories covered by STRL
demonstration projects.
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(3) Transparency and Fairness
Several comments were received that
addressed the topics of the transparency
and fairness of the STRL.
Comments: Four of the comments
spoke to protecting the integrity of the
STRL and the need for credible
unbiased oversight and employee
protections. Some expressed a concern
for the possibility that the STRL
personnel system for the laboratories
could be sub optimized due to efforts to
reconcile differences with the other
personnel systems (General Schedule
(GS), Interim GS, Federal Wage System
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(FWS), Senior Executive Service (SES),
and Scientific and Professional (ST)) in
place across NAVAIR.
Response: DoD actively monitors the
new STRLs which are also subject to
periodic evaluations by DoD. Congress
maintains oversight through a
mandatory 5-year report and evaluation
of each new STRL as well as a
mandatory annual report on
demonstration project activities. Any
major changes that are made to the
approved regulations require
notification to the appropriate
stakeholders and possible publication of
a Federal Register Notice (FRN).
(4) Extension of the Comment Period
Comments: Two commenters asked
for an extension to the comment period.
Response: Unfortunately there is no
opportunity to extend the comment
period as the NDAA 2010 requires that
the STRL demonstration project be
implemented and conversion from
NSPS occur no later than 18 months
after enactment of NDAA for FY 2010 or
by 28 April 2011.
B. Participating Organizations and
Employees
Three comments were received that
relate to the definition of the
organizations participating and the
coverage of the STRL.
(1) Definition of the Organizations
Participating
Comments: The section on
participating organizations, section D
should be corrected as it inaccurately
identifies each Warfare Center site as a
‘business unit.’
Response: This correction has been
made.
(2) Coverage of the STRL
Comments: One commenter
questioned the organizational coverage
of the field sites by the STRL and
another requested a provision that
would allow employees to opt out of the
STRL. Another commenter suggested
that STRL positions be filled by former
military who had successful military
careers and that other civilian
employees be excluded from coverage to
avoid impacts on their productivity.
Response: The NDAA identified
NAWCAD and NAWCWD as the
organizations to be covered by an STRL.
Each of these organizations includes
more than one geographic location. All
locations and civilian employees
covered by NSPS are required by the
Congressional mandate to convert to the
STRL Demonstration Project. Employees
covered by other personnel systems
such as those in health care, medical,
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intelligence, SES, FWS, and ST are
excepted from conversion to the
Demonstration Project. The provisions
of the STRL do not apply to any
bargaining unit employees within
NAWCAD or NAWCWD until a mutual
agreement is reached between the STRL
organization and the applicable
exclusive representative. The obligation
to consult and/or negotiate with all
labor organizations is established by 5
U.S.C. 4703(f) and 7117, as applicable.
C. Project Design
Comments: Three comments were
received on this subject. One comment
requested that the STRL provide for
every optional OPM benefit. The other
two comments request that the STRL
provision include medical and legal
support to employees in the STRL and
that medical testing should be
conducted to identify whether
employees have disabilities that prevent
them from performing successfully
under the STRL.
Response: STRL demonstration
projects are prohibited by law from
making any changes in the areas of
employee benefits, employee leave,
equal employment opportunity,
political activity, merit system
principles, or other prohibited
personnel practices.
D. Pay Banding
There were six comments on the
proposed pay banding. Four identified
the pay bands as being too broad and
two addressed the use of a supervisory
and managerial pay band.
(1) Pay Bands Are Too Broad
Comments: Four comments noted that
the proposed STRL pay bands are too
broad and will have negative impacts on
financial systems and the ability to
appropriately recognize employees’
progression to higher levels of work and
that the provision for more promotion
opportunities could be seen as a
positive by the workforce. Examples of
specific comments include: ‘‘Broad pay
bands, such as were designed in NSPS
and seem to be continuing into STRL,
cause stabilized rate setting concerns
and instability in our net operating
results. When the salary range of the
band fluctuates so wildly (salary ranges
with a span of $50K or more) it is hard
to set the rates to minimize the
stabilized rate variance to any degree of
certainty. This presents a problem
particularly in NWCF facilities where
workload can vary by millions between
those being charged at stabilized rates
versus accelerated labor. A change in
the workforce shifting from assumptions
used when weighting the stabilized
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rates will cause net operating result
gains or losses that have the potential to
impact future year rates, compounding
the problem.’’; ‘‘Thirdly, the STRL
paybands are still too broad. While the
attempt has been made to restructure
the NSPS paybands, the lack of built in
checks and balances for salary control
remains unaddressed.’’ and ‘‘The last
point revolves around employee morale.
Employees crave promotion recognition.
Additional bands meet that need. * * *
As it is in the current STRL pay band
proposal, promoting once takes them
from a GS 1–4 pay band to being
capable of moving all the way to a GS
11 with only one promotion.’’
Response: We concur with these
recommendations and have modified
the pay band levels by adding
additional levels within each of the
occupational families with the
exception of the Administrative Support
family. The number of pay levels within
the Supervision & Management pay
schedule also remains the same. All
levels now have a base pay span of less
than $50,000 and the additional levels
provide for more promotional
opportunities while still meeting the
need for broad bands to facilitate the
ability to quickly move employees to
areas of mission need when necessary.
(2) Supervisory Pay Bands
Comments: Two comments were
submitted and questioned the utility of
a supervisory and managerial pay band.
They spoke to the blended nature of the
work of many positions which include
both supervisory and non-supervisory
duties with emphasis on the technical
workforce in the laboratories and the
difficulties of drawing distinctions in
the value of these two elements. One
commenter made reference to the former
Navy Personnel Management (China
Lake) Demonstration Project and its
experience in this area where there was
no separate pay schedule for
supervisory positions.
Response: The establishment of a
separate supervisory pay schedule is not
incompatible with the STRL and does
not define how the organization values
or compensates different types of work.
One of the differences between the
China Lake demonstration project and
the STRL is the coverage. The STRL
covers two large organizations with
multiple diverse sites and the
flexibilities adopted under the STRL
must be broad enough to address the
needs of each. The China Lake Demo
was originally designed for and applied
to one part of what is today NAWCWD.
The establishment of a separate pay
schedule recognizes the differences
inherent in supervisory and non-
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supervisory work but also allows
flexibility for the organizations to
compensate both types of positions
appropriately.
E. Classification
Four comments addressed the topic of
position classification. Three speak to
the position series used by the STRL
and the other focuses on the method of
actually creating and assigning pay
schedules and pay bands to positions.
(1) Occupational Series
Comments: These comments
advocated the use of the established
OPM series and one of the three also
suggested the establishment of a single
multi-disciplinary series for all
supervisory/managerial positions
covered by the STRL.
Response: The STRL has adopted the
use of Office of Personnel Management
(OPM) standard series and titling
practices. This STRL demonstration
project did not identify supervision and
management as a separate occupational
family because all supervisory/
managerial positions do not have
knowledge, skills, and qualifications
requirements similar enough to be
classed together. Each occupational
family is built around a body of
knowledge and area of expertise, e.g.,
Scientific and Engineering as compared
to Business and Program Management.
Supervision and management, while
arguably a body of knowledge, is not
separate unto itself but rather spans all
of the occupational families that are
identified under the STRL.
(2) Classification Standards and Position
Descriptions
Comments: This comment spoke to
the streamlined procedures of the China
Lake classification system and the ease
of application and consistency it
brought to creating position
descriptions.
Response: The FRN speaks at a high
level and the flexibilities as proposed
allow for the streamlined classification
procedures available in the former
China Lake system while also allowing
room for the adoption of additional
features if desired. The specific system
and procedures used to create and
classify positions will be included in
internal operating issuances.
F. Mission Aligned Objectives and
Compensation
Eleven comments were submitted on
the performance management aspects of
the STRL. Three addressed the timing of
the beginning and end of the annual
performance cycle. One spoke to
employee self assessments. One
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commented on the proposed pay pool
process. Five expressed thoughts on the
performance pay outcomes. The final
one identified a concern with the
proposed request for reconsideration
regulation.
(1) Annual Performance Cycle Begin
and End Dates
Comments: These comments
identified concerns with the current
performance rating cycle and payout
date. The timing of the end of the
performance cycle to coincide with the
end of the financial fiscal year has a
significant workload impact on
employees and the organization. At this
time of year, the pay pools have to work
with estimated salary values for the
January increase since the official
figures are not normally published until
late November or December.
Furthermore, moving the cycle dates
and payout to a schedule that permitted
the payout to occur before the holiday
period could be desirable from the
employees’ perspective.
Response: The difficulties presented
by the timing of the current cycle are
recognized and the FRN is purposefully
silent on the specific timing of the
performance period to permit the
organizations the flexibility of
evaluating other options and changing
the cycle if warranted.
(2) Self Assessments
Comments: It was recommended that
employees have the choice to submit
written statements of accomplishments
at mid-year and end-of-year
performance milestones rather than
being required to provide them.
Response: We concur that there are
circumstances which may prohibit the
submission of written statements and
that employees should have a choice in
this matter. The appropriate changes
have been made in the relevant section
to make the submission of written
statements permissive rather than
required.
(3) Pay Pools
Comments: The comment questioned
the cost/benefit value of the pay pool
process when the cost of the process is
compared to the amount of money
available to allocate in the payout
process.
Response: The experience of all the
demonstration projects is that the
startup learning curve associated with
new performance systems and pay pools
is fairly steep but it does return to more
reasonable levels after two or three
cycles. This initial investment is more
than returned in out-year benefits. The
demonstration project performance
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system delivers increased focus on what
is expected to be accomplished and
enhanced rewards for those who
contribute the most. Pay pools are
charged primarily with ensuring that the
appraisals and ratings assigned to each
employee are appropriate and rating
benchmarks are applied consistently
across the organization. Establishing
this shared understanding of the broad
benchmarks and their application to
specific accomplishments is one of the
Pay Pool Managers’ and Panels’ core
responsibilities and while important,
the specific amount of money in the pay
pool fund is secondary and subordinate
to this.
(4) Performance Payout Determination
Comments: Five comments expressed
thoughts in this area. Two spoke
specifically to the overlapping payout
points available for Partial Mission
Success and Mission Success ratings.
One of the two commented that 0
payout points for an employee with a
Mission Success rating was the wrong
decision and the other commented that
there should be a lesser reward for
Partial Mission Success vs. Mission
Success and suggested that the Partial
Mission Success should receive one-half
of any January pay increase as well as
0 payout points. Two spoke to the
complexity of the proposed payout
point computations and one of these
suggested a fixed dollar value for payout
points similar to one of the former
demonstration projects. The final
comment expressed concern with the
variance in the payout point value that
can occur between pay pools.
Response: The Partial Mission
Success rating is applicable for those
situations where less than was needed
was accomplished but some work was
accomplished that did contribute to the
mission. There is merit in the
recommendation to have the payout for
this to be at a lesser level and other
STRL demonstration projects do have
this flexibility available and
consideration may be given to adopting
this flexibility at a later date.
The inclusion of the 0 payout points
option for Mission Success provides the
flexibility for the supervisor and pay
pool panel to appropriately rate and
compensate those situations where
Mission Success has been fully achieved
but the employee is already adequately
compensated for that level of work and
neither an increase in salary beyond the
equivalent of the annual general pay
increase or a bonus is warranted for the
accomplishments for that year. The
employee would receive the full January
general increase authorized for all
employees so they do not fall behind;
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but all jobs, no matter what the
compensation system, reach a plateau
where salary growth levels off; some at
the top of the pay scale and others at
different points.
There is a degree of complexity in the
computation of the payout point value
and it can vary by pay pool due to the
factors required for the calculation. The
design provides for a variable pay point
value to allow the ratings to be
paramount and drive the outcomes
rather than be limited by the payout.
The method chosen to implement this
capability is one that is similar to a
process with which the organization is
familiar and has applied successfully in
the past.
(5) Requests for Reconsideration
Comments: One commenter spoke to
this area pointing out that it is not
reasonable for a Pay Pool Manager to be
the final deciding official on requests for
reconsideration for those cases where
they are also the rating official or
immediate supervisor.
Response: Concur that it is not
reasonable for a Pay Pool Manager to be
the final deciding official on requests for
reconsideration for those cases where
they are also the rating official or
immediate supervisor. The appropriate
changes have been made in the relevant
section to adopt this recommendation.
G. Hiring Authority
Three comments were submitted on
the hiring authorities for the STRL. Two
requested additional hiring flexibilities:
one for acquisition workforce jobs and
one for re-employed annuitants. The
second comment spoke to the tension
between the need to tailor the features
of the STRL demonstration project to
the specific requirements of the
proposing organization and the DON’s
desire to standardize HR operations
across the component.
(1) Hiring Flexibilities for Re-Employed
Annuitants
Comments: The Naval Air Warfare
Center Commanders should have the
flexibility to approve the re-employment
of retired civil service employees for
purpose of delivering on the mission.
The current process for hiring reemployed annuitants is lengthy, timeconsuming and inconsistent with the
pressures from the Chief of Naval
Operations to deliver rapid, capable,
warfighting solutions to our men and
women in uniform.
Response: There is no question about
the loss of intellectual capital or the
need to be able to draw upon the
expertise of those who have retired
when necessary. These needs can be
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met following our existing processes.
While the current process to approve
the appointment of reemployed
annuitants is perceived by some as
being lengthy and time consuming, it is
designed to preserve the interests of the
Department of the Navy and ensure
appointments of this nature are made
only after very deliberate and careful
thought is given to workforce
requirements, succession planning,
alternative sources of candidates, and
the intent of this hiring flexibility.
(2) Hiring Flexibilities for Acquisition
Workforce Positions
Comments: The comment requests
consideration to include direct hire
authority for 1102 series positions for
individuals who possess an advanced
degree. 1102s are one of the critical
occupational series at NAWCAD and are
also some of the most difficult to fill.
Having this authority will greatly reduce
cycle time and help hire qualified
candidates in this career field in support
of the warfighter.
Response: There is no question about
the critically of the acquisition
workforce to mission accomplishment
or the difficulty in finding candidates
for these positions; however, the
authority being requested is essentially
already in place under the Expedited
Hiring Authority for Select Defense
Acquisition Workforce Positions and
this STRL demonstration project will
rely on this authority to meet these
needs.
(3) STRL Flexibilities and Standardized
Business Processes
Comments: One commenter addressed
the requirement to follow the
Department of Navy’s common business
processes, systems, and tools in carrying
out hiring authorities and expressed
concern that the use of common
processes and tools designed for the
entire Navy is limiting and
unresponsive to the creative problem
solving and unique business processes
needed to expedite solutions and
provide rapid response to the war
fighter.
Response: DON’s common business
processes balance the need for
flexibility with fiscal constraints, cost of
doing business, consistency across the
Component, Hiring Reform initiatives
and metrics.
H. Internal Placement
Three comments were submitted on
this topic. One each addressing
standardized business processes,
promotions, and reassignments.
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(1) STRL Flexibilities and Standardized
Business Processes
Comments: The comment is the same
as the comment under Hiring Authority
above.
Response: The Warfare Centers do
need responsive business processes that
are adaptable to their requirements in
acquiring the skills and talent needed to
react quickly to the needs of the
warfighter. DON’s common business
processes will be relied upon to address
this need.
(2) Promotions
Comments: The comment expressed
concern about scientific, engineering,
and/or technical career paths being
blocked due to the effects of the STRL’s
proposed demonstration project
provisions.
Response: The comment did not
provide any specifics about which
provisions were of concern or examples
of situations where promotion or career
advancement would be impacted by the
STRL Demonstration Project so it can
only be assumed that the concern relates
to the broad pay bands. As noted in an
earlier section, the pay bands have been
modified to include additional levels
which allow more promotional
opportunities.
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(3) Reassignment
Comments: One comment received
expressed concern on the limit of 5%
upon reassignment believing it is
unduly restrictive and does not allow
management to use the broad pay band
flexibilities and suggests this authority
be increased up to 10%.
Response: The STRL Demonstration
Project is a mission aligned system,
moving to a culture where salary
increases are driven by
accomplishments and contributions to
achieve the mission and away from a
longevity and position-based system.
Providing flexibility to adjust salary up
to 5% for a reassignment maintains the
distinction between reassignment and
promotion. This allows management to
assign work within a broad pay band
range. At the same time, it incentivizes
employees to seek and accept new work
assignments, tasks, projects,
responsibilities, etc., consistent with
what would be available in the range of
work within a pay band, while
maintaining a distinction between the
percentage increases for reassignments
and percentage increases for
promotions. The STRL demonstration
project will proceed with the 5%
increase as proposed.
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I. Pay Administration
Two comments were received
addressing this subject. Both are from
sites that will have GS and STRL
covered employees in the same work
group and each expressed concern about
the differing compensation outcomes
that are inherent in the STRL vs GS and
the potential impacts these might have.
Comments: The comments express
concern that due to pay banding the
STRL Demonstration Project will not
provide results in base pay increases
that are equal to those possible under
the GS for entry-level employees and
the perceived disadvantages that control
points place on the STRL employee.
Response: Under the STRL
Demonstration Project starting salaries
can be more market sensitive and are
not held to step 1 if a higher entry salary
is appropriate for that occupation.
Comparisons of salary outcomes were
completed to compare STRL pay
progression scenarios to normal GS
scenarios to ensure that there were no
unintended outcomes for new hires into
the STRL as compared to their
counterparts in other systems and that
STRL Mission Success performers
would generally maintain equity with
the other compensation systems. The
comparisons looked for both
unintended negative consequences as
well as unintended windfall benefits.
The principal difference between GS
and STRL is that GS is longevity based
while the STRL Demonstration Project
is performance based and it is possible
for the highest contributors to the
mission to move forward at a faster
pace.
As noted earlier, no matter what the
compensation system, over time
positions reach a plateau where salary
growth levels off; some at the top of the
pay scale and others at other points.
J. Reduction-in-Force (RIF) Procedures
Two comments were submitted on the
topic of RIF. One addressing
competitive areas and the other the
employee support mechanisms used in
RIF.
(1) Competitive Areas
Comments: The current Federal
Register notice requires separate
competitive areas within the STRL
workforce by occupational families. To
allow for greater flexibility within
individual geographic locations, it is
recommended that the language be
changed to reflect that separate
competitive areas may be established
within the STRL workforce by
occupational families.
Response: We concur with the
rationale and need for this authority.
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The appropriate changes have been
made in the relevant section to allow
this flexibility.
(1) Employee Support Mechanisms
Comments: The comment suggested
drawing upon government experience
with demotions, RIF’s, firings, etc., and
incorporating the same employee
support mechanisms into the STRL
Demonstration Project.
Response: The STRL has incorporated
broad lessons learned from the other
STRLs, the Navy Personnel Management
Demonstration Project, and GS in the
areas of RIF with the intent of
minimizing what is a very impactful
and disruptive process for the workforce
and the organization.
K. Training
Six comments were submitted on the
topic of training. Three comments
addressed the content of the training.
One suggested employees be tested. One
addressed remedial training and the
final one spoke to the cost of providing
training.
Comments: The three comments that
address training content suggested
drawing materials and lessons learned
from other demonstration projects and
systems such as the military evaluation
system to enhance the training. Another
comment suggested employees be tested
for suitability and ability to perform the
STRL tasks and responsibilities. One
addressed the need for remedial training
and the final one spoke to the cost of
providing training on the STRL
Demonstration Project vice returning to
the China Lake demo which would
minimize training costs.
Response: Training materials and
content cannot be finalized until the
STRL is approved but the suggestion to
draw upon other materials and lessons
learned is a good one and will continue
to be a practice as the STRL and the
associated training requirements are
finalized.
The process for determining
suitability is nuanced and not amenable
to standardized testing. Assessments to
determine ability must be developed
and validated through a rigorous
process. Currently Office of Personnel
Management in conjunction with other
Executive Agencies is pursuing the
viability of such assessment
instruments. Pending the outcome of
their efforts the STRL’s may adapt the
recommended instruments. As noted
above implementation and sustainment
training are still being designed and
cannot be finalized until the STRL itself
is approved but the availability of
training post conversion to refresh and
enhance the necessary skills for
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employees and supervisors is part of
that design process.
Cost of training, both in terms of the
dollars spent and the impact on the
productivity of the workforce is clearly
an important consideration. These
factors are being taken into
consideration in the training design but
delivery of the knowledge and skills
needed are also a critical factor. The
STRL Demonstration Project training
will build upon the training that
NAVAIR has already completed. Many
of the skills needed are applicable under
any of the demonstration projects
(including NSPS) and provide a good
foundation to build upon and will not
need to be re-taught.
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L. Automation Support
Comments: One comment was
received on this topic. Concern is
expressed about the nature and features
of the information technology (IT) tool
that will be used to support the STRL
performance system and that it might be
as resource intensive and as rigid,
restrictive, and difficult to use as the
Performance Appraisal Application
(PAA) was under NSPS. The comment
notes that no information was provided
in the September FRN on this subject.
Response: The IT tool that will
support the NAWC STRL performance
system will be specific to NAWC
requirements and hosted within
NAVAIR. Ease of use and flexibility
have been identified as two of the key
performance requirements. Specific
information about the tool was not
provided in the FRN because that level
of detail is not appropriate for this
document. Preliminary requirements
identification has been initiated and
does incorporate input provided by
NAWCAD and NAWCWD employee and
supervisor focus group meetings as well
as input from a variety of leadership
briefings.
M. Evaluation Plan
Comments: One comment was
received on this topic. It stated that the
STRL Demonstration Project should
include provisions for metrics regarding
comparison of health and stress between
STRL situations and the former demo
project situations (which focused upon
retention and rewarding of employees
based upon engineering, scientific,
technical, and similar abilities and
capabilities).
Response: The STRL provisions for
evaluation of the demonstration projects
were provided by DoD. This evaluation
plan was developed by a joint OPM/
DoD Evaluation Committee and
approved by the Office of Defense
Research & Engineering. This evaluation
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plan has been applied at the existing
STRLs and will be applied to the new
ones that are currently being
established.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this Federal
Register shall be available for use by the
STRLs previously enumerated in section
9902(c)(2) of title 5, United States Code,
which are now designated in section
1105 of the NDAA for FY 2010, Public
Law 111–84, 123 Stat. 2486, October 28,
2009, 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: February 8, 2011.
Morgan F. Park,
Alternate 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
E. Participating Employees and Union
Representation
F. Project Design
G. Personnel Management Board
III. Personnel System Changes
A. Pay Banding
1. Occupational Families
2. Pay Band Design
3. Above GS–15 Positions
B. Classification
1. Occupational Series
2. Classification Standards and Position
Descriptions
3. Fair Labor Standards Act
4. Classification Authority
5. Classification Appeals
C. Mission Aligned Objectives and
Compensation
1. Overview
2. Individual Mission Objectives (IMO)
3. Rating Benchmarks
4. Performance Feedback and Formal
Ratings
5. Pay Pools
6. Performance Payout Determination
7. Base Pay Increases and Bonuses
8. Extraordinary Achievement Allowance
(EAA)
9. Pay Growth Within a Pay Band
10. Awards
11. General Pay Increase
12. Requests for Reconsideration
13. Adverse Actions
D. Hiring Authority
1. Qualifications
2. Delegated Examining
3. Distinguished Scholastic Achievement
Appointment Authority (DSAA) for
Scientific and Engineering Positions
4. Legal Authority
5. Expanded Term Appointments
6. Extended Probationary Period
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7. Termination of Probationary Employees
8. Supervisory Probationary Periods
9. Volunteer Emeritus Corps
10. Direct Hire Authority for Scientists and
Engineers with Advanced Degrees for
Scientific and Engineering Positions
11. Non-citizen Hiring
E. Internal Placement
1. Employees Hired From Outside the
NAWC STRL
2. Promotion
3. Reassignment
4. Demotion or Placement in a Lower Pay
Band
5. Simplified Assignment Process
6. Details and Temporary Promotions
7. Exceptions to Competitive Procedures
F. Pay Administration
1. General
2. Locality Pay
3. Pay and Compensation Ceilings
4. Pay Setting for Appointment
5. Pay Setting for Promotion
6. Pay Setting for Reassignment
7. Pay Setting for Demotion or Placement
in a Lower Pay Band
8. Staffing Supplements
9. Educational Pay Adjustment
10. Developmental Promotions
11. Pay Retention
G. Employee Development
1. Expanded Developmental Opportunity
Program
H. Reduction-in-Force (RIF) Procedures
1. Competitive Areas
2. Assignment Rights
3. Crediting Performance in RIF
IV. Implementation Training
V. Movement Into and Out of the
Demonstration Project
A. Conversion From NSPS to the
Demonstration Project
1. Placement Into Demonstration Project
Pay Plans and Pay Bands
2. Pay Upon Conversion
3. Fair Labor Standards Act (FLSA) Status
4. Transition Equity
5. Converting Employees on NSPS Term
and Temporary Appointments
6. Probationary Periods
B. Conversion From Other Personnel
Systems
C. Movement Out of the NAVAIR STRL
Demonstration Project
1. Termination of Coverage Under the
NAVAIR STRL Demonstration Project
Pay Plans
2. Determining a GS-equivalent Grade and
GS-equivalent Rate of Pay for Pay Setting
Purposes When a NAVAIR Employee’s
Coverage by a Demonstration Project Pay
Plan Terminates or the Employee
Voluntarily Exits the NAVAIR STRL
Demonstration Project
3. Supervision and Management Pay Band
VI Employees
4. Employees With Pay Retention
5. Within-Grade Increase—Equivalent
Increase Determinations
D. Personnel Administration
E. Automation Support
1. General
2. Defense Civilian Personnel Data System
(DCPDS)
F. Experimentation and Revision
VI. Project Duration
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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: NAWCAD and NAWCWD Duty
Locations
Appendix B: Occupational Series by
Occupational Family
Appendix C: Intervention Model
Appendix D: Individual Pay Band Level
Rating Benchmarks Examples
Appendix E: Career Stage Rating Benchmarks
Examples
I. Executive Summary
NAWCAD is an organization within
NAVAIR dedicated to maintaining a
center of excellence for fixed- and
rotary-wing aircraft and their propulsion
systems, avionics systems, training
systems, take-off and landing systems,
and associated support and equipment
including air traffic control and
communications and ship/shore/air
operations. NAWCAD has three primary
locations: Patuxent River, MD;
Lakehurst, NJ; and Orlando, FL. These
facilities support research,
development, test, evaluation,
engineering, and fleet support of Navy
and Marine Corps air vehicle systems
and trainers. NAWCAD is a world
leader in Naval aviation whose products
and services include: aircraft, avionics,
air-launched weapons, electronic
warfare systems, cruise missiles,
unmanned aerial vehicles, launch and
arresting gear, training equipment and
facilities, and all other equipment
related to Navy and Marine Corps air
power. The mission of the NAWCAD is
to be the Navy’s principal research,
development/test, evaluation,
engineering, and fleet support activity
for naval aircraft, engines, avionics,
aircraft support systems, and ship/
shore/air operations. NAWCAD is the
steward of the ranges, test facilities,
laboratories, and aircraft necessary to
support the Fleet’s acquisition
requirements.
NAWCWD is an organization within
NAVAIR dedicated to maintaining a
center of excellence in weapons
development for the DON. NAWCWD
has two locations: China Lake, CA
hosting the land test range and Point
Mugu, CA hosting the sea test range.
NAWCWD is a world leader in
Research, Development, Acquisition,
Test, and Evaluation (RDA, T&E) of
guided missiles, advanced weapons and
systems, complex software integration
on tactical aircraft, energetic materials,
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and subsystems. It is also a Center of
Excellence for weapons and armaments
and live-fire survivability testing. The
mission of the NAWCWD is to provide
Navy and Marine Corps warriors with
effective, affordable, integrated warfare
systems, and lifecycle support to ensure
battlespace dominance. The NAWCWD
is the steward of the ranges, test
facilities, and laboratories necessary to
support the Fleet’s acquisition
requirements.
The goal of this demonstration project
is to enhance and sustain the quality
and professionalism of the covered
organizations’ workforces through
improvements in the efficiency and
effectiveness of the human resource
system. The project interventions will
strive to achieve the best workforce for
the mission, adjust the workforce for
change, and improve workforce
satisfaction. This demonstration project
is built on the concepts, and uses much
of the same language, as the other STRL
demonstration projects already in place
in DoD and is guided by 25 years of
experience in operating the Navy’s
‘‘China Lake’’ demonstration project.
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
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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 General
Schedule (GS) system has existed in
essentially the same form since 1949.
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 in 1980 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 present reduction-in-force (RIF)
process is unresponsive to requirements
for work force restructuring and requires
enhancement to provide better retention
of the highest performing employees
with mission appropriate skills.
The need to change the current hiring
system is essential as the covered
organizations must be able to recruit
and retain scientific, engineering,
acquisition, skilled technical, and other
professional, administrative, and
support employees. The covered
organizations 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.
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.
C. Changes Required/Expected Benefits
1. The primary benefit expected from
this demonstration project is greater
organizational effectiveness through
increased employee satisfaction. The
Department of the Navy ‘‘China Lake’’
and NIST demonstration projects
produced impressive statistics on
increased job satisfaction and quality of
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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 covered organizations’
workforce will facilitate increased:
a. Quality in the workforce and
resultant products,
b. Timeliness of key personnel
processes,
c. Retention of ‘‘excellent performers,’’
d. Success in recruitment of personnel
with critical skills,
e. Management authority and
accountability,
f. Satisfaction of customers, and
g. Workforce satisfaction with the
personnel management system.
2. An evaluation model was
developed for the Director of Defense,
Research and Engineering (DDR&E) in
conjunction with STRLs, service
representatives, and the Office of
Personnel Management (OPM). The
model, as modified in this plan, will
measure the effectiveness of this
demonstration project and will be used
to measure the results of specific
personnel system changes.
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D. Participating Organizations
NAWCAD and NAWCWD are Warfare
Centers within the Naval Air Systems
Command and are composed of five
diverse major geographic locations. The
locations are: Lakehurst, NJ, Patuxent
River, MD; Orlando, FL; China Lake,
CA; and Pt. Mugu, CA. Additionally,
there are employees in a variety of other
geographic locations shown in
Appendix A. It should be noted that
sites with fewer than 10 people may
change. Successor organizations will
continue coverage in the demonstration
project.
E. Participating Employees and Union
Representation
This demonstration project will cover
approximately 8,400 NAWCAD and
NAWCWD 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), or DON centrally
funded interns.
The details and provisions covered
under this Personnel Management
Demonstration Project do not apply to
any bargaining unit within NAWCAD or
NAWCWD until a mutual agreement is
reached between the STRL organization
and the applicable exclusive
representative. This demonstration
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project will not cover any bargaining
unit members at implementation. If
there is interest on the part of any of
NAWCAD’s or NAWCWD’s bargaining
units at any of their sites in
participating in the NAWCAD or
NAWCWD STRL demonstration project,
negotiations would begin after
publication of this Federal Register
notice. The covered STRL organizations
will fulfill their obligation to consult
and/or negotiate with all labor
organizations in accordance with 5
U.S.C. 4703(f) and 7117, as applicable.
F. Project Design
An overarching objective in the
project design has been the
development of a personnel system that
provides a maximum opportunity for
adaptability to meet the variety of
requirements of organizations engaged
in missions ranging from RDA, T&E of
guided missiles, advanced weapons and
systems, complex software integration
on tactical aircraft, energetic materials
and subsystems to fixed- and rotarywing aircraft and their propulsion
systems, avionics systems, training
systems, take-off and landing systems,
associated support and equipment
including air traffic control and
communications, and ship/shore/air
operations. This demonstration project
is built upon the successes of the many
demonstration projects that have
preceded it and adapts many of the
provisions and features that have been
shown to be successful in these other
STRL demonstration projects to the
NAWCAD and NAWCWD organizations.
G. Personnel Management Board
1. The covered organizations will
create 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 Executive Directors of the
covered organizations. As needed, ad
hoc members will serve in an advisory
capacity to the Board.
2. The board will execute the
following:
a. Establish policies and issue
guidance on the composition of pay
pools in accordance with the guidelines
of this proposal and internal
procedures;
b. Review operation of pay pools and
provide guidance to Pay Pool Managers;
c. Oversee disputes in pay pool
issues;
d. Establish policies and issue
guidance on the formulation and
execution of the civilian pay budget;
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8537
e. Establish policies and issue
guidance on the awards pools;
f. Establish policies and issue
guidance on hiring and promotion base
pay as well as exceptions to pay-forperformance base pay increases;
g. Establish policies and issue
guidance on classification review and
oversight, monitoring and adjusting
classification practices and deciding
board classification issues;
h. Approve major changes in position
structure;
i. Address issues associated with
multiple pay systems during the
demonstration project;
j. Establish policies and issue
guidance on and approve Standard
Performance Elements and Benchmarks;
k. Assess the need for changes to
demonstration project procedures and
policies;
l. Ensure in-house budget discipline;
m. Establish policies and issue
guidance for workforce staffing and
budget plans;
n. Develop policies and procedures
for administering Developmental
Opportunity Programs;
o. Ensure that all employees are
treated in a fair and equitable manner in
accordance with the policies,
regulations and guidelines covering this
demonstration project; and,
p. Monitor the evaluation of the
project.
III. Personnel System Changes
A. Pay Banding
The design of the pay banding system
has the benefit of being preceded by
exhaustive studies of pay banding
systems currently practiced in the
Federal sector. The pay banding system
will replace both the current NSPS and
GS structure. The flexibilities in this
pay banding section are similar in
nature to the authority granted to: The
Naval Ocean Systems Center, San Diego,
California 92152 and the Naval
Weapons Center, China Lake, California
93555, 45 FR 26504, April 18, 1980.
1. Occupational Families
Occupations with similar
characteristics will be grouped together
into one of five occupational families
with pay band levels designed to
facilitate pay progression. Progression
through the band depends on individual
achievement, contribution to the
mission goals, and accomplishment of
higher level, broader scope, more
difficult work assignments. Each
occupational family will be composed
of pay bands corresponding to
recognized advancement and career
progression expected within the
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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 six pay bands with
each pay band covering the same base
pay range that would be covered by one
or more GS grades. Employees track into
an occupational family based on their
current series as provided in Appendix
B. Note that where the current series
does not exist outside of NSPS the
employee will be placed in the
appropriate OPM series before being
placed into an STRL occupational
family. Upon conversion into the
demonstration project each employee is
assured an initial placement in the
STRL demonstration project without a
loss in pay. 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 VI of the Supervision and
Management pay schedule. Comparison
to the GS grades and NSPS pay bands
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 and NSPS pay bands 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 five occupational
families:
a. Scientific and Engineering (S&E)
(Pay Plan DP): 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 S&E occupational
family:
(1) Band I is a student trainee
developmental 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–9,
step 10.
(3) Band III is an intermediate
developmental track covering GS–9,
step 1, through GS–11, step 10.
(4) Band IV is a full-performance
technical track covering GS–12, step 1,
through GS–13, step 10.
(5) Band V includes senior technical
positions covering GS–14, step 1,
through GS–15, step 10.
b. S&E Technician (Pay Plan DT): This
occupational family includes technician
positions, such as engineering
technicians, electronics technicians,
physical science technicians,
mathematic technicians, and geodetic
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technicians. These occupations require
practical technical expertise in scientific
or engineering support but specific
course work or educational degrees are
not required for these occupations. Five
bands have been established for the S&E
Technician occupational family:
(1) Band I is an entry level trainee
developmental track covering GS–1,
step 1, through GS–4, step 10.
(2) Band II is a developmental/full
performance track covering GS–5, step
1, through GS–8, step 10.
(3) Band III is a full-performance
technical track covering GS–9, step 1
through GS–10, step 10.
(4) Band IV is a senior technical track
covering GS–11, step 1 through GS–12,
step 10.
(5) Band V is an expert technical track
covering GS–12, step 1, through GS–13,
step 10.
c. Technical Specialist (Pay Plan DS):
This occupational family includes such
positions as logistics management
specialists, equipment specialists,
computer specialists, and
telecommunications specialists.
Employees in these positions may or
may not require specific course work or
educational degrees. Six bands have
been established for this occupational
family:
(1) Band I is a student trainee
developmental track covering GS–1,
step 1, through GS–4, step 10.
(2) Band II is a developmental/full
performance track covering GS–5, step
1, through GS–8, step 10.
(3) Band III is a developmental/full
performance track covering GS–9, step
1, through GS–10, step 10.
(4) Band IV is a full performance track
covering GS–11, step 1, through GS–12,
step 10.
(5) Band V is a senior specialist track
covering GS–12, step 1, through GS–13,
step 10.
(6) Band VI is an expert specialist
track covering GS–14, step 1, through
GS–15, step 10.
d. Business Professional and Program
Management (Pay Plan DA): This
occupational family includes such
positions as program managers, program
acquisition specialists, budget officers,
financial managers, accountants,
administrative officers, human
resources specialists, and management
analysts. Employees in these positions
may or may not require specific course
work or educational degrees. Six bands
have been established for this
occupational family:
(1) Band I is a student trainee
developmental track covering GS–1,
step 1, through GS–4, step 10.
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(2) Band II is a developmental/full
performance track covering GS–5, step
1, through GS–8, step 10.
(3) Band III is a developmental/full
performance track covering GS–9, step
1, through GS–10, step 10.
(4) Band IV is a full performance track
covering GS–11, step 1, through GS–12,
step 10.
(5) Band V is a senior specialist track
covering GS–12, step 1, through GS–13,
step 10.
(6) Band VI is an expert specialist
track covering GS–14, step 1, through
GS–15, step 10.
e. Administrative Support (Pay Plan
DG): This occupational family is
composed of positions for which
specific course work or an educational
degree is 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 managers, office automation
clerks, security technician, safety
technician, library technician and
budget/program/computer assistants.
Six bands have been established for this
occupational family:
(1) Band I includes entry-level/
developmental positions covering GS–1,
step 1, through GS–3, step 10.
(2) Band II * includes developmental
and low-range full-performance
positions covering GS–4, step 1, through
GS–5, step 10.
(3) Band III * includes mid-range fullperformance technicians/assistants/
secretaries covering GS–5, step 1,
through GS–6, step 10.
(4) Band IV * includes high-range fullperformance technicians/assistants/
secretaries covering GS–6, step 1,
through GS–7, step 10.
(5) Band V includes senior
technicians/assistants/secretaries
covering GS–8, step 1, through GS–9,
step 10.
(6) Band VI includes expert
technicians/assistants/secretaries
covering GS–10, step 1, through GS–11,
step 10.
* Band III overlaps with band II and
IV. These bands replicate a feature used
by the Navy’s ‘‘China Lake’’ project.
f. The Supervision and Management
pay band includes all employees
performing supervisory functions. This
pay band is not applicable to team
leaders. To be classified to these pay
bands the supervisor must perform the
full range of supervisory duties. To meet
the full range of supervisory duties the
supervisor must perform 3 of the first 4,
and a total of 6 or more of the following:
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and more serious unresolved complaints
to a higher level supervisor or manager;
(7) Effect minor disciplinary
measures, such as warnings and
reprimands, recommending other action
in more serious cases;
(8) Identify developmental and
training needs of employees, providing
or arranging for needed development
and training;
(9) Find ways to improve production
or increase the quality of the work
directed; and
(10) Make appropriate distinctions in
levels of performance while equitably
applying performance standards.
A supervisory position cannot be
established on the basis of only one
subordinate position. These pay bands
can include any series.
(1) Band II is a supervision and
management track covering GS–6, step
1, through GS–8, step 10.
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(2) Band III is a supervision and
management track covering GS–9, step
1, through GS–12, step 10.
(3) Band IV is a supervision and
management track covering GS–13, step
1, through GS–14, step 10.
(4) Band V is a supervision and
management track covering GS–14, step
1, through GS–15, step 10.
(5) Band VI is reserved for those S&E
professional positions classified above
GS–15.
* Band IV overlaps with band V.
These bands replicate a feature used by
the NAVSEA Warfare Centers’ STRL
demonstration project.
2. Pay Band Design
The demonstration project pay bands
for the occupational families and how
they relate to the current GS and NSPS
framework are shown in Figure 1.
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14FEN2
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emcdonald on DSK2BSOYB1PROD with NOTICES2
(1) Plan work and prepare
performance plans covering work to be
accomplished by subordinates, set and
adjust short-term priorities, and prepare
schedules for completion of work;
(2) Assign work to subordinates based
on priorities, selective consideration of
the difficulty and requirements of
assignments, and the capabilities of
employees;
(3) Evaluate work performance of
subordinates and recommend official
performance ratings;
(4) Give advice, counsel, or
instruction to employees on both work
and administrative matters;
(5) Interview candidates for positions
in the unit; recommend appointment,
promotion, or reassignment to such
positions;
(6) Hear and resolve complaints from
employees, referring group grievances
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B. Classification
The pay banding plan for the
Supervision and Management pay
schedule includes a pay band VI to
provide the ability to accommodate
positions having duties and
responsibilities that exceed the GS–15
classification criteria. This pay band is
based on the Above GS–15 Position
concept found in other STRL personnel
management demonstration projects
that was created to solve a critical
classification problem. The STRLs have
positions warranting classification
above GS–15 because of their technical
expertise requirements including
inherent supervisory and managerial
responsibilities. However, these
positions are not considered to be
appropriately classified as Scientific
and Professional Positions (STs) because
of the degree of supervision and level of
managerial responsibilities. Neither are
these positions appropriately classified
as Senior Executive Service (SES)
positions because of their requirement
for advanced specialized scientific or
engineering expertise and because the
positions are not at the level of general
managerial authority and impact
required for an SES position.
The original Above GS–15 Position
concept was to be tested for a five-year
period. The number of trial positions
was set at 40 with periodic reviews to
determine appropriate position
requirements. The Above GS–15
Position concept is currently being
evaluated by DoD management for its
effectiveness; continued applicability to
the current STRL scientific, engineering,
and technology workforce needs; and
appropriate allocation of billets based
on mission requirements. The degree to
which the laboratory plans to
participate in this concept and develop
classification, compensation and
performance management policy,
guidance, and implementation
processes will be based on the final
outcome of the DoD evaluation.
Additional guidance will be included in
NAWCAD/NAWCWD internal
issuances.
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3. Above GS–15 Positions
The flexibilities in this Classification
section are similar in nature to the
authority granted to the Naval Ocean
Systems Center, San Diego, California
92152 and the Naval Weapons Center,
China Lake, California 93555, 45 FR
26504, April 18, 1980.
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1. Occupational Series
The present GS classification system
has over 400 occupational series, which
are divided into 23 occupational
groupings. The covered organizations
currently have positions in
approximately 132 occupational series
that fall into 21 occupational groupings.
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.
2. Classification Standards and Position
Descriptions
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 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 selective placement factors and
other data element information
pertinent to the job.
Specialty area codes (SAC) written as
narrative descriptions and assigned a
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specific identification code may 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
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 S&E
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 meets 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 part 551 FLSA criteria.
Additionally, the advice and assistance
of the servicing Human Resources Office
(HRO) and the servicing Human
Resources Service Center (HRSC) can be
obtained in making determinations. The
benchmark position descriptions will
not be the sole basis for the
determination; the actual duties
performed are the controlling criteria.
Exemption criteria will be narrowly
construed and applied only to those
employees who clearly meet the spirit of
the exemption.
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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.
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4. Classification Authority
The covered organizations’ Executive
Directors will have delegated
classification authority for all pay bands
with the exception of Supervision and
Management band VI 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. Human
resources specialists will provide
ongoing consultation and guidance to
managers and supervisors throughout
the classification process. These
decisions will be documented on the
position description.
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
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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 Executive
Director of his/her organization. If the
employee is not satisfied with the
Executive Director’s 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.
Additional guidance will be included in
the NAWCAD/NAWCWD internal
issuances.
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 covered by an
administrative or negotiated grievance
procedure; or an alternative dispute
resolution procedure.
The evaluations of classification
appeals under this demonstration
project are based upon the
demonstration project classification
criteria. Case files will be forwarded for
adjudication through the HRO/HRSC
providing personnel service and will
include copies of appropriate
demonstration project criteria.
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C. Mission Aligned Objectives and
Compensation
1. Overview
The purpose of mission aligned
objectives and compensation is to
directly link the work of the employee
to the mission of the organization and
provide a mechanism for recognizing
the impact of the employee’s
accomplishments and contributions to
help achieve that mission. It also
provides an effective, efficient, and
flexible method for assessing,
compensating, and managing the
covered organization’s 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. Mission aligned
objectives and compensation allows for
more employee involvement in the
assessment process, strives to increase
communication between supervisor and
employee, promotes a clear
accountability of performance,
facilitates employee career progression,
and provides an understandable and
rational basis for pay changes by linking
mission directly to both annual
evaluations and compensation
outcomes.
The mission aligned objectives and
compensation system uses annual
payouts that are based on the
employee’s accomplishments and
contributions to mission
E:\FR\FM\14FEN2.SGM
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EN14FE11.001
N—Non-Exempt from FLSA; E—
Exempt from FLSA; N/E—Exemption
status determined on a case-by-case
basis.
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accomplishment 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.
In addition to objectives, other factors
that can be considered in determining
overall payout include organizational
performance, team performance, or a
combination of individual performance,
contribution, and/or compensation. If
elements other than the employee’s
individual accomplishments and
contributions against their objectives
and their compensation will be taken
into consideration this must be a part of
the written performance plan. The
employee must be advised of the
applicability of these factors within the
same time requirements as the
individual mission objectives. The
normal rating period will be one year.
Objectives, representing joint efforts of
employees and their supervisors, must
be in place within 30 days from the
beginning of each rating period and the
minimum rating period will be 90 days.
First-time hires into demonstration
project positions must have plans in
place within 30 days of the effective
date of their entry into the
demonstration project and current
demonstration project employees who
change positions during the
performance year should have their
plans updated with new objectives no
later than 30 days after assignment to
the new position. Mission aligned
compensation and rewards 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 cash bonus. Other
awards such as special acts, time-off
awards, etc., will be retained separately
from the pay-for-performance payouts.
Employee’s who do not meet the 90day minimum requirement will be
ineligible for a normal rating and will be
given a presumptive rating. They may
receive only the general pay increase
and they may also receive title 5 cash
awards if appropriate.
The system will have the flexibility to
be modified, if necessary, as more
experience is gained under the project.
The flexibilities in this Mission Aligned
Objectives and Compensation section
are similar in nature to the authority
granted to: (1) The Naval Ocean Systems
Center, San Diego, California 92152 and
the Naval Weapons Center, China Lake,
California 93555, 45 FR 26504, April 18,
1980, and (2) the Army Research
Laboratory (ARL), 65 FR 3500, January
21, 2000.
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2. Individual Mission Objectives (IMO)
Individual mission objectives will be
directly related to achieving the mission
of the employee’s organization. They
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. It is expected that these
objectives will also incorporate
important behavioral practices such as
teamwork and cooperation where they
are key to successful accomplishment of
the assignment. A Supervision/EEO
objective is mandatory for all managers/
supervisors. The employee and his/her
supervisor will jointly develop the
employee’s individual mission
objectives at the beginning of the rating
period. These are to be reflective of the
employee’s duties/responsibilities, pay
band and pay level in the band as well
as 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 individual mission
objectives are to define an individual’s
specific responsibilities and expected
accomplishments for the performance
year. In contrast, rating benchmarks as
described in the next paragraph will
identify 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 individual mission
objectives will be held for both
supervisors and employees.
Individual mission objectives may be
jointly modified, changed or deleted as
appropriate during the rating cycle. As
a general rule, 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.
All objectives are critical. A critical
mission objective is defined as an
attribute of job performance that is of
sufficient importance that achievement
below the minimally acceptable level
requires remedial action and may be the
basis for removing an employee from
his/her position. Non-critical objectives
will not be used. Each of the objectives
may be assigned a weight, which
reflects its importance in accomplishing
an individual’s mission objectives. The
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minimum weight assigned may not be
less than 10%. The sum of the weights
for all of the elements must equal 100.
At the beginning of the rating period,
higher level managers will review the
objectives and weights assigned to
employees within the pay pool, to verify
consistency and appropriateness
3. Rating Benchmarks
Rating benchmarks define
characteristics that will be used to
evaluate the employee’s success in
accomplishing his/her individual
mission objectives. The use of
characteristics for scoring purposes
helps to ensure comparable scores are
assigned while accommodating diverse
individual objectives. A single set of
rating benchmarks for each band or
rating benchmarks by career stage may
be used for evaluating the annual
performance of all NAWCAD and
NAWCWD personnel covered by this
plan. An example of each type of
benchmark is shown at Appendices D
and E. The set of benchmarks used 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 Personnel
Management Board will annually
review the set of benchmarks and set
them for the entire organization before
the beginning of the rating period.
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
expectations in the mission aligned
objectives. At least one review, normally
the mid-point review, will be
documented as a formal progress
review. More frequent, task specific,
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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 may provide a statement of
his/her accomplishments to the
supervisor at both the mid-point and
end of 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 individual mission
objectives. Benchmark performance
standards will be developed that
describe the level of performance
associated with a score. Using these
benchmarks, the supervisor decides
where the achievements and
contributions of the employee most
closely match the benchmarks 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 rating scores will
then be multiplied by the objectiveweighting factor to determine the
weighted score expressed to two
decimal points. The weighted scores for
each objective will then be totaled to
determine the employee’s overall
appraisal score and rounded to a whole
number as follows: if the first two digits
to the right of the decimal are .51 or
higher, it will be rounded to the next
higher whole number; if the first two
digits to the right of the decimal are .50
or lower, then the decimal value is
truncated.
The covered STRL organizations will
use a five-level rating methodology with
associated payout point ranges in which
level five signifies the highest level of
performance. The rater will prepare and
recommend the rating, number of
payout points, and the distribution of
the payout between base pay increase
and bonus, as applicable, for each
employee. These recommendations will
then be reviewed by the pay pool panel
to ensure equitable rating criteria and
methodologies have been applied to all
pay pool employees. The final
determination of the rating, number of
payout points, and payout distribution
will be a function of the pay pool panel
process and will be approved by the Pay
Pool Manager. The criteria used to
determine the number and distribution
of payout points to assign an employee
may include assessment of the
employee’s contribution towards
achieving the mission, the employee’s
type and level of work, the employee’s
current compensation and the criticality
of their contribution to mission success,
consideration of specific achievements,
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or other job-related significant
accomplishments or contributions. The
proposed rating and payout point
schema is:
Payout
points
Rating
Description
5 .................
4 .................
Exceptional ..............
Exceeds Mission Expectations.
Mission Success .....
Partial Mission Success.
Unacceptable ..........
3 .................
2 .................
1 .................
5, 6
3, 4
0, 1, 2
0
0
Employees with a total score of two or
above will receive the equivalent of the
authorized GS January general pay
increase (GPI). Employees with a score
of one will not receive the January GPI.
A rating of one or below will result in
a rating of Unacceptable, and the
employee will not receive the January
GPI and will require administrative
action to address the performance
deficiency. A score of one or below on
a single objective will also result in a
rating of Unacceptable.
Employees in receipt of a Letter of
Warning of Unacceptable Performance
at the end of the performance year will
have their rating deferred until the end
of the improvement period. At the end
of the improvement period, the
supervisor will assign a final rating and
submit it to the pay pool panel for
consideration.
5. Pay Pools
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
review and compare recommended
ratings to ensure consistency and equity
of the ratings. In this step, each
employee’s individual mission
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
ratings. 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,
ratings are finalized. Payouts proceed
according to each employee’s final
rating and payout distribution. Upon
approval of this plan, implementing
procedures and regulations will provide
details on this process to employees and
supervisors.
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The covered organizations’ employees
will be placed into pay pools. Neither
the Pay Pool Manager, supervisors, or
pay pool panel members within a pay
pool will in any way recommend or
participate in setting their own rating or
individual payout except for the normal
employee self-assessment process. Pay
pools are combinations of organizational
units (e.g., level 3 competencies
(divisions), level 4 competencies
(branches), and level 5 competencies
(sections)), functional categories or
other groupings of employees that are
defined for the purpose of determining
payouts under the mission aligned
objectives and compensation system.
The guidelines in the next paragraph are
provided for determining pay pools.
These guidelines will normally be
followed. However, the Executive
Directors of the covered organizations
may deviate from the guidelines if there
is a compelling need to do so.
The Executive Directors of the
covered organizations 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. Large
pay pools may use sub pay pools
subordinate to the pay pool due to the
size of the pay pool population, the
complexity of the mission, or other
similar criteria. Pay pool panel members
will not serve on pay pools where their
own ratings and payouts are
determined. Supervisors and nonsupervisors may be placed in separate
pay pools. Decisions regarding the
amount and distribution of the payouts
are based on the employee’s most recent
rating of record for the performance
year, the criteria listed in section III.C.4
above, the type and nature of the
funding available to the pay pool, and
the number of payout points assigned by
the pay pool. Additional guidance on
pay pool design and composition will
be included in NAWCAD/NAWCWD
internal issuances.
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 under the GS system
(excluding the costs of promotions still
provided under the pay banding
system). This amount will initially be
defined based on historical data and
will initially be set at no less than 2.4%
of total base pay annually. The funds
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available to be used for bonus payouts
are funded separately within the
constraints of the organization’s overall
award budget. This amount will initially
be defined based on historical data and
will initially be set at no less than one
percent of total base pay annually. As
changes in the demographics of the
workforce or other exigencies occur,
adjustments may be made to these two
factors. The sum of these two factors is
referred to as the pay pool percentage
factor. The Personnel Management
Board will annually review the pay pool
funding and recommend adjustments to
the Executive Directors 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 allocated by the Personnel
Management Board.
An individual payout is calculated by
first multiplying the payout points
earned by the payout point 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 and final
decisions on base pay increases and/or
bonuses to individuals based on rater
recommendations, the final score, the
pay pool funds available, and the
employee’s base pay.
control point 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,
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 VI
of the Supervision and Management pay
schedule.
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7. Base Pay Increases and Bonuses
The amount of money available for
the 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
employees from the pay pool may be a
mix of base pay and bonus, such that all
of the allocated funds are disbursed. 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 or when a
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6. Performance Payout Determination
The payout an employee will receive
is based on the total performance rating
from the mission aligned objectives and
compensation assessment process. An
employee will receive a payout as a
percentage of base pay. This percentage
is based on the number of payout points
that equates to their final appraisal
score.
The value of a payout point cannot be
exactly determined until the rating and
reconciliation process is completed and
all scores are finalized. The payout
point value is expressed as a percentage.
8. Extraordinary Achievement
Allowance (EAA)
a. NAWCAD and NAWCWD will
employ an Extraordinary Achievement
Allowance designed to optimize
organizational effectiveness. An EAA is
defined as a temporary monetary
allowance up to 25 percent of base pay,
which, when added to an employee’s
rate of base pay, may not exceed the rate
of basic pay for Executive Level IV. It is
paid on either a bi-weekly basis
concurrent with normal pay days or as
a lump sum following completion of a
designated contribution period, or
combination of these, at the discretion
of the Executive Director/Commanding
Officer of the appropriate Naval Air
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The formula that computes the value of
each payout point uses base pay rates
and is based on:
a. The sum of the base pay of all the
employees in the pay pool times the pay
pool percentage factor;
b. The employee’s base pay;
c. The number of payout points
awarded to each employee in the pay
pool; and
c. The total number of payout points
awarded in the pay pool.
This formula assures that each
employee within the pool receives a
payout point 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.
Warfare Center. It is not base pay for any
purpose, e.g., retirement, life insurance,
severance pay, promotion, or any other
payment or benefit calculated as a
percentage of base pay. The EAA will be
available to certain employees whose
present contributions are worthy of a
higher career level and whose level of
achievement is expected to continue at
the higher career level for at least one
year.
b. Award of the EAA will generally be
appropriate under the following
circumstances: (1) Employees have
reached the top of their target career
levels, (2) when it is not certain that the
higher level contributions will continue
indefinitely (e.g., a special project
expected to be of one to five-year
duration), (3) when no further
promotion or base pay opportunities are
available, or externally imposed limits
make changes to higher career levels
unavailable, and (4) when the approval
time required to effect the action will
unreasonably delay appropriate
compensation for the employee’s
achievements but in all situations, when
current market conditions compensate
similar contributions at a greater rate in
private industry and academia than the
organization is able to do under normal
compensation conditions.
c. To be eligible for EAA, employees
must meet the criteria below:
(1) Employees in the S&E, Technical,
and Business Professional and Program
Management career tracks are eligible
for the EAA if their contribution to the
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organization is deemed worthy, as
determined by the appropriate NAWC
Executive Director/Commander.
(2) Employees may receive an EAA for
up to five years. The EAA authorization
will be reviewed and reauthorized as
necessary, but at least annually at the
time of the Mission Aligned Objectives
and Compensation System appraisal
through nomination by the Pay Pool
Manager and approval by the
appropriate Executive Director/
Commander.
(3) Monetary payment may be up to
25 percent of base pay.
(4) Nominees are required to sign a
statement indicating they understand
that the EAA is a temporary allowance;
it is not a part of base pay for any
purpose; it is subject to review at any
time, but at least on an annual basis,
and the reduction or termination of the
EAA is neither appealable nor grievable.
All other details regarding
nomination, termination, reduction,
allocation, and budget determination
will be stipulated by internal business
rules, policies, or procedures
established by the Personnel
Management Board.
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9. Pay Growth Within a Pay Band
As a compensation management tool
the Personnel Management Board may
establish pay ranges appropriate for a
group or class of positions within a pay
band or pay bands. Advancement of pay
beyond the assigned pay range will
generally require approval above the
Pay Pool Manager prior to finalizing the
pay pool decisions. The request must
demonstrate that the complexity and
responsibility of the position have
substantially changed and the duties of
the position are expected to continue at
this level in the future thus warranting
assignment of the position to a higher
pay range. Control points may apply in
every occupational family and pay
band. Additional guidance will be
included in NAWCAD/NAWCWD
internal issuances.
10. Awards
To provide additional flexibility in
motivating and rewarding individuals
and groups, some portion of the
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, invention awards,
suggestions, on-the-spot, and time-off.
The funds available to be used for
traditional title 5 U.S.C. awards are
separately funded within the constraints
of the organization’s budget.
While not directly linked to the
Mission Aligned Objectives and
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Compensation system, this additional
flexibility is important to encourage
outstanding accomplishments and
innovation in achieving the diverse
mission of the covered organizations.
Additionally, to foster and encourage
teamwork among its employees,
organizations may give group awards.
Thus, a team leader may recommend
and a supervisor may allocate a sum of
money to a team for outstanding
performance.
The NAWCAD and NAWCWD
Commanders will have the authority to
grant special act awards to covered
employees of up to $25,000 IAW the
criteria of SECNAVINST 12451.3. This
authority may be delegated to the
Executive Directors of the covered
organizations.
11. General Pay Increase
Employees who receive an
unacceptable rating of record will not
receive performance payouts or any
portion of the general pay increase and
as a result will ‘‘migrate’’ downward in
the pay band. This occurs because the
rate of base pay in a pay band increases
as the result of the general pay increase
(5 U.S.C. 5303). If their performance
rating continues as Unacceptable,
employees who reach the bottom of the
overlapping pay scales (they remain
identified in the higher classification
level as long they are covered in that
range) will cross the line into the next
lower classification level without
specific adverse or performance based
action. This migration is necessary for
an employee whose performance over a
period of time has been deficient
enough to merit the employee’s
placement in lower level duties/
responsibilities where new
opportunities for acceptable
performance exist, Clearly the employee
who has experienced several
performance evaluations and who, in
each case, has been given a year to
demonstrate improvement has been
provided equal or better ‘‘due process’’
than the obviously unsatisfactory
employee who is accorded immediate
adverse or performance-based action
procedures and downgraded or removed
after the required 30-day notice period.
Further, it should be noted that in these
instances the employee’s pay will
remain constant, the downward
migration results from the need to
comply with statutory pay levels.
Adverse or performance-based action
procedures will cover demotion
between levels or removal where
performance is clearly so unsatisfactory
as to preclude retention in the current
pay band or as an employee.
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12. Requests for Reconsideration
An employee may request
reconsideration of the rating-of-record
received under the mission aligned
objectives and compensation system. A
rating of record or job objective rating
may be reconsidered by request of an
employee only through the process
specified in this subpart and
implementing issuances. This process
will be the sole and exclusive agency
administrative process for employees to
request reconsideration of a rating of
record. Consistent with this part, Pay
Pool Managers will make the decision
on reconsiderations of rating of record.
In cases where the Pay Pool Manager is
also the first line supervisor or rating
official, the request for reconsideration
will be referred to a different Pay Pool
Manager or higher level supervisor
above the Pay Pool Manager. Pay Pool
Managers’ decisions are final. A payout
point assignment determination, payout
distribution determination, or any other
payout matter will not be subject to the
reconsideration process or any other
agency administrative grievance system.
In the event a reconsideration or
negotiated grievance decision results in
an adjusted rating of record the revised
rating will be referred to the Pay Pool
Manager for recalculation of the
employee’s performance payout amount
and distribution. Any adjustment to
base pay will be retroactive to the
effective date of the performance
payout. Base pay adjustments will be
based on the payout point range
appropriate for the adjusted rating of
record. Payout point values for the
adjusted rating of record will reflect the
payout point value paid to other
members across the pay pool for that
rating cycle. Decisions made through
the reconsideration process or a
negotiated grievance procedure will not
result in recalculation of the payout
made to other employees in the pay
pool.
13. Adverse Actions
Except where specifically waived or
modified in this plan, adverse action
procedures under 5 CFR part 752
remain unchanged.
D. Hiring Authority
Competitive service positions will be
filled through Merit Staffing, direct-hire
authority, or Delegated Examining.
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: Qualifications Standards for
General Schedule Positions.’’ Since the
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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 S&E 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’s ‘‘Operating Manual:
Qualifications Standards for General
Schedule Positions,’’ 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
NAWCAD and NAWCWD propose to
demonstrate a streamlined examining
process for both permanent and nonpermanent positions. This authority will
be supported by the applicable servicing
Human Resource Offices and Human
Resources Service Centers in accordance
with the Department of Navy’s common
business processes, systems, and tools.
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 non-preference
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. Additional guidance on
operating processes will be included in
NAWCAD/NAWCWD internal
issuances.
3. Distinguished Scholastic
Achievement Appointment Authority
(DSAA) for Scientific and Engineering
Positions
The covered organizations will use
the Distinguished Scholastic
Achievement Appointment Authority.
The DSAA uses an alternative
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examining process, which provides the
authority to appoint individuals with
undergraduate or graduate degrees
through the doctoral level to
professional positions up to the
equivalent of GS–12 (DP–04 or DS–04/
05). This enables the covered
organizations to respond quickly to
hiring needs for eminently qualified
candidates possessing distinguished
scholastic achievements. Candidates
may be appointed provided they meet
the minimum standards for the position
as published in OPM’s ‘‘Operating
Manual: Qualifications Standards for
General Schedule Positions’’ and the
candidate has a cumulative grade point
average of 3.5 (on a 4.0 scale) or better
in their field of study (or other
equivalent score) or are within the top
10 percent of a university’s major school
of graduate studies for professional
occupations, etc.
4. 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 DON will continue to be
used.
5. Expanded Term Appointments
NAWCAD and NAWCWD conduct a
variety of projects that range from three
to six years. The current four-year
limitation on term appointments, as
described in 5 CFR part 316, 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. Under the demonstration
project, the covered organizations will
have authority to hire individuals under
a modified term appointment for a
period of more than one year but not
more than five years when the need for
an employee’s services is not
permanent. These appointments may be
extended one additional year, for a total
of 6 years. The Executive Directors are
authorized to extend term
appointments. Employees hired under
the modified term appointment
authority are in a non-permanent status,
but may be eligible for conversion to
career-conditional or career
appointments in the competitive
service. To be converted, the employee
must have (1) 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
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conversion to a career-conditional or
career appointment at a later date; (2)
served a minimum of two years of
continuous service in the term position;
and (3) be performing at the acceptable
level of performance with a current
rating of record of Mission Success or
higher.
6. Extended Probationary Period
The purpose of extending the
probationary period and trial period is
to 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.
a. Competitive Service
NAWCAD and NAWCWD will
implement an extended initial
probationary period for competitive
service employees. The one-year
probationary period will be extended to
three years for newly appointed careerconditional, career employees and the
one-year trial period will be extended to
three years for newly appointed term
employees to positions classified to
series in the Science and Engineering,
Business and Program Management, and
Technical Specialist occupational
families. For employees in positions
classified to series in the S&E
Technician and Administrative Support
occupational families the one-year
probationary period will be extended to
two years for newly appointed careerconditional, career employees and the
one-year trial period will be extended to
two years for newly appointed term
employees. The term newly appointed
includes conversion to new
appointments, including conversions
from term appointments and the
excepted service, for this purpose.
Employees who have completed an
initial probationary or trial period prior
to their conversion into the NAWC
STRL will not be required to serve a
new or extended initial probationary or
trial period. Employees who are serving
an initial probationary or trial period
upon conversion into the NAWC’s STRL
will serve the time remaining on their
initial probationary period or trial and
may have their initial probationary or
trial period extended in accordance
with the demonstration project
regulation and implementing issuances.
If a probationary or trial employee’s
performance is determined to be
Mission Success or higher and the
supervisor expects that the Mission
Success or higher performance will
continue into the future, the supervisor
has the option of ending the
probationary or trial period at an earlier
date, but not before the employee has
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completed one year of continuous
service. If the probationary or trial
period is terminated before the end of
the two- or three-year 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 appointed careerconditional, career and term employees
all other features of the initial
probationary period as defined in 5 CFR
part 315 and trial period as described in
5 CFR part 316 are retained including
the potential to remove an employee
without providing the full substantive
and procedural rights afforded a nonprobationary employee.
b. Excepted Service
NAWCAD and NAWCWD will
implement an extended initial trial
period for excepted service employees
who are appointed on a permanent or
conditional basis or who are given a
time-limited appointment lasting three
or more years. The trial period will be
three years for newly appointed
excepted service employees to positions
classified to series in the Science and
Engineering, Business and Program
Management, and Technical Specialist
occupational families. For employees in
positions classified to series in the S&E
Technician and Administrative Support
occupational families the trial period
will be extended to two years for newly
appointed excepted service employees.
The term newly appointed includes
conversion to new appointments for this
purpose.
Employees who have completed an
initial trial period prior to their
conversion into the NAWC STRL will
not be required to serve a new or
extended initial trial period. Employees
who are serving an initial trial period
upon conversion into the NAWC’s STRL
will serve the time remaining on their
initial trial period and may have their
initial trial period extended in
accordance with the demonstration
project regulation and implementing
issuances.
If a trial employee’s performance is
determined to be Mission Success or
higher and the supervisor expects that
the Mission Success or higher
performance will continue into the
future, prior to the end of the two- or
three-year trial period, a supervisor has
the option of ending the trial period at
an earlier date, but not before the
employee has completed one year of
continuous service. If the trial period is
terminated before the end of the two- or
three-year period, the immediate
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supervisor will provide written reasons
for his/her decision to the next level of
supervision for concurrence prior to
implementing the action.
7. 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.
8. Supervisory Probationary Periods
NAWCAD and NAWCWD will
implement an extended supervisory
probationary period. The probationary
period for new supervisors will be two
years. Except for the increased length,
supervisory probationary periods will
be made consistent with 5 CFR part 315.
Employees who have successfully
completed an initial probationary
period for supervisory positions will not
be required to complete an additional
two-year probationary period for initial
appointment to a supervisory position.
Employees who are serving an initial
supervisory probationary period upon
conversion into the NAWC’s STRL will
serve the time remaining on their initial
supervisory probationary period and
may have their supervisory probationary
period extended in accordance with the
demonstration project regulation and
implementing issuances. If, during this
probationary period, the decision is
made to return the employee to a nonsupervisory position for reasons related
to supervisory performance and/or
conduct, the employee will be returned
to a comparable position of no lower
base pay than the position from which
promoted or reassigned immediately
prior to the supervisory assignment.
9. Volunteer Emeritus Corps
a. NAWCAD and NAWCWD will
implement a Voluntary Emeritus Corps.
Under the demonstration project, the
Executive Directors of the covered
organizations will have the authority to
offer retired or separated employees
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8547
voluntary positions. This authority may
be delegated only to members of the
Senior Executive Service (SES).
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. To be accepted
into the Volunteer Emeritus Corps, a
volunteer must be recommended by a
NAWCAD or NAWCWD manager to the
NAWCAD or NAWCWD Executive
Director or an SES member to whom
this authority has been delegated. 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.
b. To ensure success and encourage
participation, the volunteer’s Federal
retirement pay (whether military or
civilian) will not be affected while
serving in a voluntary capacity. Retired
or separated Federal employees may
accept an emeritus position without a
break or mandatory waiting period.
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 servicing
HRO. The agreement 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
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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 NAWCAD
or NAWCWD Executive 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 the
NAWCAD or NAWCWD. The NAWCAD
or NAWCWD Executive Director has the
option to obtain title to any such
invention on behalf of the U.S.
Government. Should the NAWCAD or
NAWCWD Executive Director elect not
to take title, the NAWCAD or NAWCWD
shall, at a minimum, retain a nonexclusive, irrevocable, paid-up, royaltyfree 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
NAWCAD or NAWCWD Executive
Director on a case-by-case basis.
10. Direct Hire Authority for Scientists
and Engineers With Advanced Degrees
for Scientific and Engineering Positions
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a. Background
The NAWCAD and NAWCWD
Laboratories have an urgent need for
direct hire authority to appoint qualified
candidates possessing an advanced
degree to permanent and temporary
scientific and engineering positions.
The market is extremely competitive
with industry and academia for the
small supply of highly-qualified and
security clearable candidates with a
Masters Degree or PhD in science or
engineering. There are 35,000 scientists
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and engineers employed in the DoD
laboratories; 27% hold Masters Degrees,
while 10% are in possession of a PhD
The NAWCAD and NAWCWD
Laboratories jointly employ 5974
scientists and engineers; 29% holding
Masters Degrees, while 4% are in
possession of a PhD Over the next five
years, the NAWCAD and NAWCWD
Laboratories plan to hire approximately
2,240 of the country’s best and brightest
scientists and engineers (S&Es) just to
keep pace with attrition. This number
does not include the impact that several
actions such as the Base Realignment
and Closure of weapons and armament
work to China Lake, California that will
result in a need to hire additional
scientists and engineers above normal
attrition levels. Statistics indicate that
the available pool of advanced degree,
clearable candidates is substantially
diminished by the number of non-U.S.
citizens granted degrees by U.S.
institutions. For instance, in 2006, 20%
of Masters Degrees in science and over
35% of PhDs in science were awarded
to temporary residents.
It is expected that this hiring
authority, together with streamlined
recruitment processes, will be very
effective in hiring candidates possessing
a PhD and accelerating the hiring
process. For instance, under a similar
authority found in the NDAA for FY
2009, section 1108 (Pub. L. 110–417),
October 28, 2009, one STRL had fifteen
PhD selectees in 2009 for the sixteen
vacancies for which they were using
this hiring authority. Another STRL,
using this expedited hiring authority in
calendar year 2009, made thirty firm
hiring offers in an average of thirteen
days from receipt of paper work in the
Human Resources Office. Of these thirty
selectees, twenty-three possessed PhDs.
This authority will be administered
by the servicing Human Resources
Office and Human Resources Service
Center in accordance with the
Department of Navy’s common business
processes, systems, and tools and be
consistent with veterans’ preference and
merit system principles. Use of this
appointing authority must comply with
veterans’ preference and merit systems
principles when recruiting and
appointing candidates with advanced
degrees to covered occupations.
Qualified candidates possessing an
advanced degree may be appointed to
both competitive and excepted service
without regard to the provisions of
subchapter 1 of chapter 33 of title 5,
United States Code, other than sections
3303, 3321, and 3328 of such title.
The hiring threshold for this authority
shall be consistent with DoD policy and
legislative language as expressed in any
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National Defense Authorization Act
addressing such.
When completing the personnel
action, the following will be given as the
authority for the Career-Conditional,
Career, Term, Temporary, or special
demonstration project appointment
authority: Section 1108, NDAA for FY
09. Evaluation of this hiring authority
will include information and data on its
use such as numerical limitation, hires
made, declinations, how many veterans
hired, declinations, difficulties
encountered, and/or recognized
efficiencies.
b. Definitions
(1) Scientific and engineering
positions are defined as all professional
positions in scientific and engineering
occupations (with a positive education
requirement) utilized by the laboratory.
(2) An advanced degree is a Master’s
or higher degree from an accredited
college or university in a field of
scientific or engineering study directly
related to the duties of the position to
be filled.
(3) Qualified candidates are defined
as candidates who:
(a) Meet the minimum standards for
the position as published in OPM’s
operating manual, ‘‘Qualification
Standards for General Schedule
Positions,’’ or the laboratory’s
demonstration project qualification
standards specific to the position to be
filled;
(b) Possess an advanced degree; and
(c) Meet any selective factors.
(4) The term ‘‘employee’’ is defined by
Section 2105 of title 5, U.S.C.
11. Non-citizen Hiring
Where Executive Orders or other
regulations limit hiring non-citizens to
the excepted service, both NAWCAD
and NAWCWD will have the authority
to approve the hiring of non-citizens
into competitive service positions when
qualified U.S. citizens are not available,
and the candidate meets all applicable
immigration and security requirements.
If a non-citizen candidate is the only
qualified candidate for the position, the
candidate may be appointed. The
selection is subject to approval by the
NAWCAD and NAWCWD Executive
Director/Commanding Officer or
approving manager, as delegated by the
appropriate Center Executive Director/
Commanding Officer. This authority
may only be delegated to members of
the Senior Executive Service (SES).
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1. Employees Hired From Outside the
NAWC STRL
Employees entering into the NAWC
from non-STRL pay systems or from
other Federal activities not as the result
of a mass organizational conversion will
be moved into the demonstration project
in the career path and at the level and
pay consistent with the duties and
responsibilities of the STRL position
and individual qualifications.
When an employee is permanently
placed (except by conversion under
section V.A or by promotion under
section II.E.2) in an STRL position from
a GS or FWS position through a
management-directed action (except for
actions taken for misconduct or
unacceptable performance), including a
management directed reassignment or
realignment, or any placement as a
result of a reduction in force (RIF), or
placement via the Priority Placement
Program (PPP), Reemployment Priority
List (RPL), or Interagency Career
Transition Assistance Plan (ICTAP), the
employee will receive a WGI
adjustment. The WGI adjustment is
calculated based on the number of
calendar days between the effective date
of the employee’s last equivalent
increase and the date of conversion into
NSPS, regardless of the number of days
in a non-pay status (if any). The
maximum adjustment may not exceed a
full WGI.
An employee who enters into an
STRL position from a GS or FWS
position through an employee-initiated
reassignment, promotion, or change to
lower grade may, at the discretion of the
authorized management official, also
receive a WGI adjustment equivalent
increase as described in the paragraph
above. The decision to grant this
increase will be reviewed and approved
by an official who is at a higher level
than the official who made the initial
decision.
In either case, this increase occurs
before any other discretionary
reassignment increases provided under
the STRL, may not cause the employee’s
base salary to exceed the maximum rate
of the assigned pay band, and is in
addition to any other discretionary
reassignment increase the employee
may be eligible to receive.
2. Promotion
A promotion is the movement of an
employee to a higher pay band in the
same occupational family or to a higher
pay band in a different occupational
family. It also includes movement of an
employee currently covered by a nondemonstration project personnel system
to a demonstration project position in a
pay band with a higher level of work.
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
qualified employees at any time, since
promotions are not directly tied to the
mission aligned objectives and
compensation 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. Promotions
will follow Merit System Principles and
basic Federal merit promotion policy
that provides for competitive and noncompetitive promotions.
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 rating of record of
Mission Success 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 a rating of record of
Mission Success as long as there is no
documented evidence of less than
acceptable performance.
Higher pay band or higher level of
work means a pay band designated to be
a higher level of work than an
employee’s currently assigned band,
based on the demonstration
classification structure and career
progression patterns, either within or
across varying pay schedules and career
groups, regardless of the specific
earning potential of the band. When
moving from a non-demonstration
position to a demonstration position,
the band of the demonstration position
is determined to be at a higher level of
work than the grade or level of the nondemonstration position based on
application of the demonstration
classification structure and career
progression patterns. Additional
guidance will be included in NAWCAD/
NAWCWD internal issuances.
3. Reassignment
A reassignment occurs when an
employee moves, voluntarily or
involuntarily, to a different position or
set of duties within his/her pay band or
to a position in a comparable pay band,
or from a non-demonstration project
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position to a demonstration project
position at a comparable level of work,
on either a temporary or permanent
basis. The employee must meet the
qualifications requirements for the
occupational family and pay band.
When an employee is reassigned either
within his/her current pay band or to a
comparable pay band, an authorized
management official will set pay at an
amount no less than the employee’s
current base pay.
Comparable pay band or comparable
level of work means pay bands with the
equivalent level of work, based on the
demonstration classification structure
and career progression patterns, within
and across varying pay schedules and
career groups, regardless of the specific
earning potential of the bands. When
moving from a non-demonstration
position to a demonstration position,
the band of the demonstration position
is determined to be at a comparable
level of work to the grade or level of the
non-demonstration position based on
application of the demonstration
classification structure and career
progression patterns. Additional
guidance will be included in NAWCAD/
NAWCWD internal issuances.
4. Demotion or Placement in a Lower
Pay Band
A demotion is the placement of an
employee into a lower pay band or
movement from a non-demonstration
project position to a demonstration
project position at a lower level of work.
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, at the employee’s
request, or placement actions resulting
from RIF procedures).
Lower pay band or lower level of
work means a pay band designated to be
a lower level of work than an
employee’s currently assigned band,
based on the demonstration
classification structure and career
progression patterns, either within or
across varying pay schedules and career
groups, regardless of the specific
earning potential of the band. When
moving from a non-demonstration
position to a demonstration position,
the band of the demonstration position
is determined to be at a lower level of
work than the grade or level of the nondemonstration position based on
application of the demonstration
classification structure and career
progression patterns. Additional
guidance will be included in NAWCAD/
NAWCWD internal issuances.
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5. 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 or without a 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.
6. Details and Temporary Promotions
NAWCAD and NAWCWD will
implement an Expanded Detail and
Temporary Promotion Authority
providing the authority (1) to effect
details up to one year to specified
positions at the same or similar level;
and (2) to effect details or temporary
promotions to a higher pay band
position up to one year within a 24month period without competition. The
specifics of these authorities will be
stipulated by local business rules,
policies, or procedures as organizational
experience dictates.
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7. Exceptions to Competitive Procedures
The following actions are exceptions
to competitive procedures:
a. 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
permanent basis within the competitive
service.
b. 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.
c. A position change permitted by
reduction-in-force procedures.
d. Promotion without current
competition when the employee was
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appointed through competitive
procedures to a position with a
documented target level.
e. A temporary promotion, or detail to
a position in a higher pay band, up to
one year in a 24-month period.
f. A promotion due to the
reclassification of positions based on
accretion (addition) of duties.
g. A promotion resulting from the
correction of an initial classification
error or the issuance of a new
classification standard.
h. Consideration of a candidate who
did not receive proper consideration in
a competitive promotion action.
Additional guidance will be included
in NAWCAD/NAWCWD internal
issuances.
F. Pay Administration
1. General
Pay administration policies will be
established by the Personnel
Management Board. These policies will
be exempt from DON pay setting
policies, but will conform to basic
governmental pay setting policy except
for flexibilities contained herein.
Employees whose performance is
acceptable will receive the full annual
general pay increase and the full locality
pay. The covered organizations may
make full use of recruitment, retention,
and relocation incentive payments as
provided for by OPM. Pay retention will
follow current law and regulations at 5
U.S.C. 5362 and 5363 and 5 CFR part
536, except as described in this
regulation and waived or modified in
section IX, the waiver section of this
plan. Pay band retention will not be
used in this demonstration project.
2. Locality Pay
Employees with a performance rating
of Partial Mission Success or better will
be entitled to the locality pay authorized
for their official duty station in
accordance with 5 CFR 531 subpart F.
Employees with a performance rating of
Unacceptable will be entitled to only
the locality pay increase; they cannot
receive any other pay increase or award.
In addition, the locality-adjusted pay of
any employee may not exceed the rate
for Executive Level IV. Geographic
movement within the demonstration
project will result in the employee’s
locality pay being recomputed using the
newly applicable locality pay
percentage, which may result in a
higher or lower locality pay and, thus,
a higher or lower adjusted base pay.
3. Pay and Compensation Ceilings
An employee’s total monetary
compensation paid in a calendar year
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may not exceed the base pay of Level I
of the Executive Schedule consistent
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 GS. Base pay rates for
the various pay bands will be directly
keyed to the GS rates, except for the Pay
Band VI of the Supervision and
Management pay schedule. Other than
where a retained rate applies, base pay
will be limited to the maximum base
pay payable for each pay band.
4. Pay Setting for Appointment
Employees whose appointment to a
demonstration project position is their
initial appointment to the Federal
service may have pay set at the lowest
base pay in the band or anywhere
within the band 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.
Both national and local labor market
conditions and pay rates may also be
taken into consideration to ensure that
the Warfare Centers are able to compete
for the talent, skills, abilities, and
competencies needed to enable them to
remain on the cutting edge of science
and technology. 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.
5. Pay Setting for Promotion
The minimum base pay increase upon
promotion to a higher pay band will be
6% or the minimum base pay rate of the
new pay band, whichever is greater. The
maximum amount of the pay increase
may not exceed 20%, 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 covered by a staffing
supplement, the demonstration
extended base 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
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emcdonald on DSK2BSOYB1PROD with NOTICES2
specific policies and rules established
by the Personnel Management Board.
The Personnel Management Board may
establish additional pay setting policies
for promotions, including increasing the
promotion amount beyond 20% with
the approval of the NAWCAD and
NAWCWD Commanders or Executive
Directors. In no case may those
adjustments increase the base pay for
the position of record beyond the
applicable maximum base pay for the
pay band.
6. Pay Setting for Reassignment
a. Covered organizations may choose
to adopt the flexibility to pay an
increase in base pay upon reassignment.
If adopted, such an increase will be
subject to the specific guidelines
established by the Personnel
Management Board and will not exceed
5% as a cost containment measure. A
reassignment may be effected without a
change in base pay. Employees may be
eligible for an increase to base pay upon
temporary or permanent reassignment
as described in section III.E.3. A
decision to increase an employee’s base
pay under this section will be based
upon clear Personnel Management
Board business rules that will define
criteria necessary to justify a pay
increase.
Examples of criteria may include, but
are not limited to, one or more of the
following factors:
(1) A determination that an
employee’s responsibilities will
significantly increase;
(2) Critical mission or business
requirements;
(3) Need to advance multi-functional
competencies;
(4) Labor market conditions, e.g.,
availability of candidates and labor
market rates;
(5) Reassignment from a
nonsupervisory to a supervisory
position;
(6) Employee’s past and anticipated
performance and contribution;
(7) Physical location of position;
(8) Specialized skills, knowledge, or
education possessed by the employee in
relation to those required by the
position; and
(9) Base pay of other employees in the
organization performing similar work.
b. When an employee is reassigned
within his/her current pay band or to a
comparable pay band, an authorized
management official will set pay at an
amount no less than the employee’s
current base pay and may increase the
employee’s current base pay by up to
and including 5%. If the employee’s
current base pay exceeds the maximum
of the new pay band, no increase can be
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7. 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 5% decrease in
base pay or the minimum rate of the
lower pay band whichever is greater.
Employees demoted for reasons other
than cause (e.g., erosion of duties,
reclassification of duties to a lower pay
band, application under competitive
announcements, 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 sections III.F.11 and IX of this plan.
Employees, who receive an
unacceptable rating, do not receive
performance payouts or the general pay
increase. This action may result in 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) while the employee’s
pay does not change. The employee will
be placed in the lower pay band and
their salary will remain unchanged.
This situation (a reduction-in-band level
with no reduction in pay as a result of
an unacceptable rating) will not be
considered an adverse performance
based action.
demonstration band to which the
employee is assigned is exceeded by a
GS special rate for the employee’s
occupational category and geographic
area. The Personnel Management Board
may establish additional policies and
provide guidance on the use and
application of the staffing supplement
including provisions for in band
adjustments and limiting application of
this feature to fewer occupations than
covered by the GS SSR. An extension to
the demonstration pay ranges will be
used to extend the maximum salary of
the pay band for those occupations for
which a staffing supplement is
approved. The increase of an
employee’s base pay into this extension
will be determined by the annual
performance assessment and payout,
there is no automatic entitlement to a
staffing supplement. Only if an
employee’s annual assessment and
associated payout would cause their
base pay to fall within the area of the
staffing supplement extension to the pay
range for the pay band would they be
paid at this level.
The extension to the pay range will be
the maximum special salary rate for the
banded grades. An employee’s base pay
is increased by the standard locality
increase until the base pay exceeds the
maximum GS basic pay for the banded
grades. If the employee’s base pay will
exceed the maximum GS basic pay for
the banded grades then the staffing
supplement will be applied when
authorized. The staffing supplement
percent will be set equal to the locality
percent and the staffing supplement and
payout is calculated as shown in the
following example.
8. Staffing Supplements
At the time of conversion or OPM
approval of a new SSR that would be
applicable to covered employees, the
NAWCAD and NAWCWD may
incorporate the use of special salary
rates (SSR) in demonstration project pay
ranges. Currently there are no NSPS
Targeted Local Market Supplements in
use by NAWCAD or NAWCWD so no
employees converting from NSPS will
be affected if staffing supplements are
not implemented at conversion. If
staffing supplements are adopted, either
at the time of conversion or later,
NAWCAD and NAWCWD will
implement them via an extension to the
demonstration pay ranges and a
supplement to a covered employee’s
salary. Employees assigned to
occupational categories and geographic
areas where GS SSRs apply may be
entitled to a staffing supplement if the
maximum adjusted base pay rate for the
Scenario:
Top of regular RUS pay range is $74,628.
NAWC has adopted a pay scale extension
for RUS 2210s and 0856s.
Top of extended pay range is $78,445
(equal to the relevant GS RUS SSR).
A RUS 0856 employee is at top of normal
pay scale. Their pay before payout is:
STRL base pay = $65,371.
STRL locality pay = $9,257 (Locality % =
14.16%, same as GS).
STRL adjusted base pay = $74,628.
This employee receives a performance rating
of Exceeds Mission Expectations (4) and
receives 3 payout points. The distribution
of the payout is 70% salary and 30%
bonus. Each payout point is valued at 2%.
New base pay calculation:
65371 * (1 + (3 * .02 * .7) = 68116.582;
rounded to 68117.
(base pay increase after payout = 3 payout
points * 2% pay point value * 70% allocated to salary. Note the remainder will be
paid as bonus.)
RUS locality percent = 14.16%.
Staffing supplement percent = 14.16%.
provided. There is no limit to the
number of times an employee can be
reassigned, but local business rules will
be established to monitor and control all
cases that receive reassignment base pay
changes to ensure fairness and
consistency across the workforce.
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Staffing supplement calculation:
68117 * .1416 = 9645.3672; rounded to
9645.
(new base pay * staffing supplement percent).
New adjusted base pay calculation:
68117 + 9645 = $77,672.
(new base pay + staffing supplement).
If the pay scale extension is
discontinued or reduced either because
the GS SSR has been discontinued or
reduced, for NAWC budgetary
constraints, or other NAWC managerial
decisions, the employees receiving a
staffing supplement will receive
retained pay. There will be no change in
the adjusted base pay when placed on
pay retention.
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9. Educational Pay Adjustment
NAWCAD and NAWCWD will
establish an educational base pay
adjustment which is separate from the
incentive pay process and may not
cause the employee’s pay to exceed the
maximum base pay rate of his or her
assigned pay band. An educational pay
adjustment is defined as an increase in
an employee’s base pay by other than
the incentive pay process within the
employee’s current band level to an
amount which does not exceed the top
of the band. The educational pay
adjustment may be used to adjust the
pay of individuals who have acquired a
level of mission-related education that
would otherwise make the employee
qualified for an appointment at a higher
level and would be used in lieu of a new
appointment. For example, this
authority may be used to adjust the pay
of graduate level Student Career
Experience Program (SCEP) students or
employees who have obtained an
advanced degree, e.g., a PhD in a field
related to the work of their position or
the mission of their organization. An
employee may receive an educational
base pay adjustment or a reassignment
base pay increase but not both at the
same time.
10. Developmental Promotions
NAWCAD and NAWCWD will
employ developmental promotions to
achieve compensation growth
commensurate to an employee’s
progression while in developmental
assignments. A developmental
promotion is an increase to base pay
that may be provided to employees
participating in NAWCAD and
NAWCWD training programs or in other
developmental capacities as determined
by Personnel Management Board policy.
Developmental promotions recognize
growth and development in the
acquisition of job related competencies
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combined with successful performance
of job objectives. The use of
developmental promotions is limited to
(1) employees in a developmental pay
band of a non-supervisory pay schedule
and who are in developmental or trainee
level positions; and (2) employees in
positions which are assigned to a
Student Career Experience Program
(SCEP).
Standards by which developmental
promotion increases are provided and
criteria by which additional base pay
increases will be determined will be
established and documented in internal
business rules, policies, or procedures.
The amount of the developmental
promotion increase generally will not
exceed 20 percent of an employee’s base
pay The decision to grant a
developmental promotion exceeding 20
percent of an employee’s base pay must
be made on a case-by-case basis and
approved by the appropriate Executive
Director/Commanding Officer or their
delegate as established by internal
business rules, policies, or procedures.
This authority may be delegated only to
members of the Senior Executive
Service (SES). The amount of the
developmental promotion increase may
not cause the employee’s base pay to
exceed the top of the employee’s pay
band or that set by internal business
rule, policy, or procedure. To qualify for
a developmental promotion, an
employee must have a rating of record
of Mission Success or better. A
developmental promotion may be
awarded to an employee who does not
have a rating of record if an authorizing
official conducts a performance
assessment and determines that the
employee is performing at the Mission
Success level or better. This
performance assessment does not
constitute a rating of record. If an
employee has a current performance
rating below Mission Success and the
supervisor believes the employee’s
performance has improved to the
Mission Success level or better; the
employee has demonstrated this
improved performance for 90 days or
more; and it is expected that this level
of performance will continue, the
supervisor may conduct a performance
assessment and forward it to the Pay
Pool Manager for approval. If the Pay
Pool Manager concurs with the
supervisor’s assessment then the
employee may be given a developmental
promotion. There is no entitlement to an
additional assessment beyond the
annual assessment; this decision is
totally at managerial discretion. If an
additional assessment is made, it is not
a rating of record and there will be no
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retroactive pay changes associated with
it.
A developmental promotion increase
may not be granted unless an employee
is in a pay and duty status under the
NAWCAD/NAWCWD STRL
demonstration project on the effective
date of the increase.
11. Pay Retention
Pay retention will follow current law
and regulations at 5 U.S.C. 5362 and
5363, and 5 CFR part 536, except as
waived or modified in the Staffing
Supplements section and section IX of
this plan. Pay band (grade) retention
does not apply under this
demonstration project. The NACWAD or
NAWCWD Executive 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.
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, and
developmental assignments to DON/
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 NAWCAD or
NAWCWD 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 Executive Directors of the
covered organizations have the
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authority to grant paid or unpaid
sabbaticals to all career employees. The
purpose of a sabbatical will be to permit
an employee 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 NAWCAD or NAWCWD 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.
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 covered
organizations for a period of three times
the length of the sabbatical. If an
employee voluntarily leaves the covered
organizations before the service
obligation is completed he/she is liable
for repayment of expenses incurred by
the covered organizations that are
associated with training during the
sabbatical. Expenses do not include
salary costs. The Executive Directors of
the covered organizations have 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.
employee without the employee’s
express and written consent. Any
variance from this policy must be
rigorously determined and documented.
Guidelines will be developed to ensure
competitive approval of degree or
certificate payment and that those
decisions are fully documented.
Employees approved for degree training
must sign a service obligation agreement
to continue in service in the covered
organizations for a period of three times
the length of the training period. If an
employee voluntarily leaves the
NAWCAD or NAWCWD before the
service obligation is completed, he/she
is liable for repayment of expenses
incurred by the covered organizations
related to the critical skills training.
Expenses do not include salary costs.
The Executive Directors of the covered
organizations have the authority to
waive this requirement. Criteria for such
waivers will be addressed in the STRL
internal operating procedures.
b. Critical Skills Training (Training for
Degrees)
The Executive Directors of the
covered organizations have 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 acquiring critical
skills. Academic degree training will
ensure continuous acquisition of
advanced specialized knowledge
essential to the organization and 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
1. Competitive Areas
Separate RIF competitive areas for
demonstration and non-demonstration
project employees will be established at
each geographic location. Within the
demonstration project separate
competitive areas may be established for
each demonstration occupational
family. Demonstration supervisors will
be placed in the competitive area for
their occupational family but in separate
competitive levels within that career
field. 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
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H. Reduction-in-Force (RIF) Procedures
RIF procedures will be used when an
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 generally be
followed with some modifications
pertaining to the competitive areas,
assignment rights, the addition of a
performance sub-group 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.
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8553
band, series and SAC so that positions
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. For S&E competitive
levels the Warfare Centers may also
choose to use the OPM classification
functional code as a defining element.
2. Assignment Rights
An employee may displace another
employee by bump or retreat to one pay
band below the employee’s existing pay
band. A preference eligible with a
compensable service-connected
disability of 30 percent or more may
retreat to positions two pay bands 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, performance, and length of
service, in that order. The performance
subgroup will be based on the most
recent three ratings of record during the
preceding four years. There will be three
groupings within the performance
subgroup: Mission Superior (H),
Mission Success (S) and Mission
Deficiency (L). The most recent ratings
of records will be combined to
determine the performance subgroup.
The High subgroup will include those
employees who have consistently
demonstrated superior performance.
The Mission Success subgroup will
include the next level of demonstrated
performance and the Mission Deficiency
subgroup will include those who have
failed to achieve expected levels of
performance for one or more years.
Additional guidance on determining
performance subgroups will be included
in NAWCAD/NAWCWD internal
issuances.
Employees who have been rated
under different patterns of summary
rating levels and have at least the
equivalent of a rating of record of three
will receive RIF appraisal credit for the
non-demonstration performance ratings
equivalent to Mission Success based on
the demonstration project’s modal score
for the employee’s competitive area. If
the employee received less than the
equivalent of Mission Success then that
rating will be compared to the
demonstration project one or two rating
and best fit chosen. Additional guidance
on ratings equivalency will be included
in NAWCAD/NAWCWD internal
issuances.
In some cases, an employee may not
have three ratings of record. If an
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employee has fewer than three annual
ratings of record, then for each missing
rating, RIF appraisal credit will be based
on the demonstration project’s modal
score for the most recently completed
appraisal period on record for the
employee’s competitive area. 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 for the employee’s
competitive area.
An employee who has received a
written decision that his/her
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 credit granted for a Level 3
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.
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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. A new pay banding
schema and performance management
system both represent significant
cultural change to the organization.
Training will be tailored to address
employee concerns and 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 mission aligned objectives and
compensation system;
5. Defining mission aligned
performance objectives;
6. How weights may be used with the
mission aligned performance objectives;
7. Assessing performance—giving
feedback;
8. New position descriptions; and
9. Demonstration project
administration and formal evaluation.
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Various types of training are being
considered including videos, on-line
tutorials, and train-the-trainer concepts.
V. Movement Into and Out of the
Demonstration Project
A. Conversion From NSPS to the
Demonstration Project
1. Placement Into Demonstration Project
Pay Plans and Pay Bands
The employee’s NSPS occupational
series, pay plan, pay band, and
supervisory code will be considered
upon converting into the demonstration
project as follows:
a. Determine the appropriate
demonstration project pay plan.
Employees will be converted into a pay
plan based on the occupational series of
their position. There is a separate pay
plan for supervisors; conversion to that
pay plan will be without regard to the
occupational series. In cases where the
employee is assigned to a NSPS-unique
occupational series, a corresponding
OPM occupational series must be
identified using OPM GS classification
standards and guidance to determine
the proper demonstration project pay
plan.
b. Determine the appropriate pay
band. The appropriate pay band will be
determined by establishing the
corresponding demonstration project
pay band for the employee’s NSPS
position using demonstration project
pay band definitions, classification
standards, and guidance. Once the
demonstration project pay band has
been determined, the employee’s
position will be placed in the
demonstration project pay band. In
cases where a demonstration project pay
band overlaps more than one NSPS pay
band, placement will be made using
demonstration project pay band
definitions and classification criteria to
determine the appropriate pay band in
which to place the position.
2. Pay Upon Conversion
Conversion from NSPS into the
demonstration project will be
accomplished with full employee pay
protection. Adverse action provisions
will not apply to the conversion action.
In accordance with section 1113(c)(1) of
NDAA 2010, which prohibits a loss of
or decrease in pay upon transition from
NSPS, employees converting to the
demonstration project will retain the
adjusted salary (as defined in 5 CFR
9901.304) from their NSPS permanent
position at the time the position
converts. Upon conversion, the retained
NSPS adjusted salary may not exceed
Level IV of the Executive Schedule plus
5 percent. If the employee’s base pay
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exceeds the maximum rate for his or her
assigned demonstration project pay
band, the employee will be placed on
indefinite pay retention until an event,
as described in 5 CFR 536.308, results
in a loss of eligibility for or termination
of pay retention. Increases to the
retained rate after conversion will be in
accordance with applicable regulations;
however, for any NSPS employee whose
retained rate exceeds EX–IV upon
conversion, any adjustment to the
retained rate in accordance with
applicable pay retention regulations
may not cause the employee’s adjusted
pay to exceed EX–IV plus 5 percent.
NAWCAD and NAWCWD do not have
any employees who are covered by an
NSPS targeted local market supplement
(TLMS) but if such coverage occurs
between the date of this FRN and
conversion to the demonstration project
such employees will no longer be
covered by a TLMS. Instead they may
receive a locality or similar supplement
(e.g., a staffing supplement), or pay
retention, if applicable. The adjusted
base pay will not change upon
conversion.
Once converted, employees may
receive other adjustments and/or
differentials, as applicable, as described
in this regulation or an implementing
issuance.
3. Fair Labor Standards Act (FLSA)
Status
Since FLSA provisions were not
waived under NSPS and duties do not
change upon conversion to the
demonstration project, the FLSA status
determination will remain the same
upon conversion. Employees will be
converted to the demonstration project
with the same FLSA status they had
under NSPS.
4. Transition Equity
During the first the 12 months
following conversion to the
demonstration project, management
may approve certain adjustments within
the pay band for pay equity reasons
stemming from conversion. For
example, if an employee would have
been otherwise promoted but
demonstration project pay band
placement no longer merits promotion,
a pay equity adjustment may be
authorized provided the adjustment
does not cause the employee’s base pay
to exceed the maximum rate of his or
her assigned pay band and the
employee’s performance warrants an
adjustment. The decision to grant a pay
equity adjustment is at the sole
discretion of management and is not
subject to employee appeal procedures.
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During the first 18 months following
conversion, management may approve
promotions of less than 6% or increases
in base pay of not more than 20%
percent provided the adjustment does
not cause the employee’s base pay to
exceed the maximum rate of his or her
assigned pay band. The employee’s
performance must warrant an
adjustment and these actions will be
limited to those necessary to mitigate
compensation inequities that are
directly related to the transition/
conversion from NSPS to the
demonstration project. For instance,
inappropriate ‘‘leap-frogging’’ of more
senior employees by more junior
employees when the inversion of
compensation levels are not warranted
by performance or mission
accomplishment outcomes. The
Personnel Management Board will
establish policy and guidance for this
provision and this guidance will be
included in NAWCAD/NAWCWD
internal issuances.
5. Converting Employees on NSPS Term
and Temporary Appointments
a. Employees serving under term
appointments at the time of conversion
to the demonstration project will be
converted to a modified term
appointment provided they were hired
for their current positions under
competitive procedures. These
employees will be eligible for
conversion to career or careerconditional appointments in the
competitive service provided they:
(1) have served two years of
continuous service in the term position;
(2) were selected for the term position
under competitive procedures; and
(3) are performing at a NSPS Valued
Performer, demonstration Mission
Success, or equivalent level under
another system. Additional guidance
will be included in NAWCAD/
NAWCWD internal conversion
issuances.
Converted term employees who do
not meet these criteria may continue on
their term appointment up to the not-toexceed date established under NSPS.
Extensions of term appointments for
employees who do not meet the above
criteria may be granted after conversion
in accordance with the provision of this
regulation.
b. Employees serving under
temporary appointments under NSPS
when their organization converts to the
demonstration project will be converted
and may continue on their temporary
appointment up to the not-to-exceed
date established under NSPS.
Extensions of temporary appointments
after conversion may be granted in
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accordance with 5 CFR 213.104 for
excepted service employees and 5 CFR
part 316, subpart D, for competitive
service employees.
6. Probationary Periods
a. Initial probationary period.
Employees who have completed an
initial probationary period prior to
conversion from NSPS will not be
required to serve a new or extended
initial probationary period. Employees
who are serving an initial probationary
period upon conversion from NSPS will
serve the time remaining on their initial
probationary period and may have their
initial probationary period extended in
accordance with the demonstration
project regulation and implementing
issuances.
b. Supervisory probationary period.
NSPS employees who have completed a
supervisory probationary period prior to
conversion from NSPS will not be
required to serve a new or extended
supervisory probationary period. NSPS
employees who are serving a
supervisory probationary period upon
conversion from NSPS will serve the
time remaining on their supervisory
probationary period.
B. Conversion From Other Personnel
Systems
Employees who enter this
demonstration project from other
personnel systems (e.g., Defense
Civilian Intelligence Personnel System,
DoD Civilian Acquisition Workforce
Demonstration Project, or other STRLs)
due to a reorganization, mandatory
conversion, Base Closure and
Realignment Commission decision, or
other directed action will be converted
into the NAVAIR STRL demonstration
project via movement of their positions
using an appropriate Nature of Action
Code. Employees’ positions will be
classified based upon the position
classification criteria and pay band
definitions under the laboratory
demonstration project rules and their
pay, upon conversion, maintained
under applicable pay setting rules.
C. Movement Out of the NAVAIR STRL
Demonstration Project
1. Termination of Coverage Under the
NAVAIR STRL Demonstration Project
Pay Plans
In the event employees’ coverage
under the NAVAIR STRL demonstration
project pay plans is terminated,
employees move with their
demonstration project positions to
another system applicable to NAVAIR
STRL employees. The grade of their
demonstration project position in the
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8555
new system will be based upon the
position classification criteria of the
gaining system. Employees when
converted to their positions classified
under the new system will be eligible
for pay retention under 5 CFR part 536,
if applicable.
2. Determining a GS-equivalent Grade
and GS-equivalent Rate of Pay for Pay
Setting Purposes When a NAVAIR
Employee’s Coverage by a
Demonstration Project Pay Plan
Terminates or the Employee Voluntarily
Exits the NAVAIR STRL Demonstration
Project
a. If a demonstration project employee
is moving to a GS or other pay system
position, the following procedures will
be used to translate the employee’s
project pay band to a GS-equivalent
grade and the employee’s project base
pay to the GS-equivalent rate of pay for
pay setting purposes. The equivalent GS
grade and GS rate of pay must be
determined before movement out of the
demonstration project and any
accompanying geographic movement,
promotion, or other simultaneous
action. For lateral reassignments, the
equivalent GS grade and rate will
become the employee’s converted 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.
b. Equivalent GS-Grade-Setting
Provisions
An employee in a pay band
corresponding to a single GS grade is
provided that grade as the GSequivalent grade. An employee in a pay
band corresponding to two or more
grades is determined to have a GSequivalent grade corresponding 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
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
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(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 rate 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: An employee will not
be provided 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 either undergone a
reduction in band or a reduction within
the same pay band due to unacceptable
performance.
c. Equivalent GS-Rate-of-Pay-Setting
Provisions
An employee’s pay within the
converted GS grade is set by converting
the employee’s demonstration project
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 (i.e.,
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:
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(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).
(d) 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
pay band level. Demonstration project
operating procedures will outline the
methodology for determining the GSequivalent pay rate for an employee
retaining a rate under the demonstration
project.
3. Supervision and Management Pay
Band VI Employees
The Above GS–15 Position concept is
currently being evaluated by DoD
management for its effectiveness;
continued applicability to the current
STRL scientific, engineering, and
technology workforce needs; and
appropriate allocation of billets based
on mission requirements. The nature
and extent of the conversion out of the
demonstration project process for
employees in these positions will be
determined by the final DoD guidance.
Additional guidance may be included in
NAWCAD/NAWCWD internal
issuances.
4. 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 pay band level. Demonstration
project operating procedures will
outline the methodology for
determining the GS-equivalent pay rate
for an employee retaining a rate under
the demonstration project.
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5. 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).
D. 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
HRSCs will continue to process
personnel-related actions and provide
other appropriate services.
E. Automation Support
1. General
One of the major goals of the
demonstration project is to streamline
the personnel processes to increase cost
effectiveness. Automation must play an
integral role in achieving that goal.
Without the necessary automation to
support the interventions proposed for
the demonstration project, optimal cost
benefit cannot be realized. In addition,
adequate information to support
decision-making must be available to
managers if line management is to
assume greater authority and
responsibility for human resources
management. Automation to support the
demonstration project is required at the
DON and DoD level, (in the form of
changes to the Defense Civilian
Personnel Data System) to facilitate
processing and reporting of
demonstration project personnel
actions, and may be ultimately required
by the Naval Air Warfare Centers to
assist in processing of a variety of
personnel-related actions in order to
facilitate management processes and
decision-making.
2. Defense Civilian Personnel Data
System (DCPDS)
DCPDS is the Department of Defense’s
authoritative personnel data system and
program of record and, as such, will be
the system of choice for the STRL labs.
F. 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
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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. The covered
organizations, DON 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 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).
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B. Evaluation Model
Appendix C 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
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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
mission, or the economy) can have on
the effectiveness of the program. The
degree of implementation considers the
extent to which the:
(1) HR changes are given a fair trial
period;
(2) Changes are implemented; and
(3) 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 the
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
C 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,
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8557
(2) The corresponding measures, and
(3) The data sources for obtaining the
measures.
Although the model makes
predictions about the outcomes of
specific interventions, 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
and 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 Central
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
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
(7) Core measures of organizational
performance.
The evaluation effort will consist of
two phases, formative and summative
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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.
Management Board will track personnel
cost changes and recommend
adjustments if required to achieve the
objective of cost discipline.
VIII. Demonstration Project Costs
B. Developmental Costs
A. Cost Discipline
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.
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
salary expenditures will be tracked
yearly. Implementation costs (including
project development, automation costs,
and evaluation costs) are considered
one-time costs and will not be included
in the cost discipline. The Personnel
TABLE 1—PROJECTED DEVELOPMENT COSTS
[In thousands of dollars]
FY10
FY11
FY12
FY13
FY14
Software Development & Automation ................................................................
Training Development & Workforce Training ....................................................
Project Evaluation ..............................................................................................
$150
300
0
$650
1,000
0
$200
400
100
$150
100
100
$100
100
100
Totals ..........................................................................................................
450
1,650
700
350
300
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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.
and title 5 CFR 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.
A. Waivers to Title 5, U.S.C.
Chapter 5, section 552a: Records.
Waive to the extent required to clarify
that volunteers under the Voluntary
Emeritus Corps are considered
employees of the Federal Government
for purposes of this section.
Chapter 31, section 3111: Acceptance
of volunteer service. Waive to allow for
a Volunteer Emeritus Corps in addition
to student volunteers.
Chapter 33, subchapter I—
Examination, Certification, and
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Appointment: Waived except for
sections 3302, 3321, and 3328to allow
for direct hire authority for scientists
and engineers with advanced degrees
for professional positions.
Chapter 33, section 3317(a):
Competitive service, certification from
register (in so far as ‘‘rule of three’’ is
eliminated under the demonstration
project).
Chapter 33, subchapter 1, section
3318(a): Competitive Service, Selection
from Certificate. Waived in its entirety
to eliminate the requirement for
selection using the ‘‘rule of three.’’
Veterans’ preference provisions remain
unchanged.
Chapter 33, section 3321: Competitive
Service; Probationary Period. This
section waived to the extent necessary
to replace grade with ‘‘pay band level’’
and allow probationary periods of up to
3 years.
Chapter 33, section 3341: Details.
Waived as necessary to extend the time
limits for details.
Chapter 35, section 3502: Waived to
the extent to allow for performance
retention subgroups and 3502(c) waived
in its entirety.
Chapter 41, section 4108(a)–(c):
Waived to the extent necessary to
require the employee to continue in the
service of the covered organizations for
the period of the required service and to
the extent necessary to permit the
Executive Director of the covered
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organizations, 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 sections 4303(a)–(d).
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 45, section 4502: Limitation
of cash awards to $10K. Waived to allow
NAWCAD and NAWCWD Commanders
to approve awards up to $25K.
Chapter 51 Classification, section
5101–5112: Purpose; Definitions,
application; Determination of
applicability; Basis for grading
positions; Standards for classification of
positions; Basis for classifying positions;
Classification of positions; Classification
of positions above GS–15; Review of
classification of positions, Revocation
and restoration of authority to classify
positions, and General authority of the
Office of Personnel Management:—
Waived to the extent that white collar
employees will be covered by pay
banding and to the extent that
classification appeals will be decided by
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the NAWC Executive Director with final
appeal to the Department of Defense.
Chapter 53, sections 5301, 5302(1), (8)
and (9), 5303, and 5304: Pay
Comparability System. 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) the demonstration project pay
system to be adjusted by the GS annual
adjustments to pay schedules.
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: GS
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 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; (4)
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; (5) allow no provision of
grade or pay band retention under this
demonstration project and (6) allow
demonstration project employees
receiving a staffing supplement to retain
the adjusted base pay if the staffing
supplement is discontinued or reduced.
This waiver applies to ST employees
only if they move to a GS-equivalent
position within the 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.
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
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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, incentives, and supervisory
differentials. Waived to the extent
necessary to allow employees and
positions under the demonstration
project to be treated as employees and
positions under the GS.
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 or
NSPS Targeted Local Market
Supplements 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 nonteam leader position.
B. Waivers to Title 5, CFR
Part 293, subpart D: Personnel
Records. Employee Performance File
System Records. Waived to the extent
necessary to be consistent with the
demonstration project’s mission aligned
objectives and compensation system
and to allow definition and
establishment of its automated system of
records and retention requirements.
Part 300, sections 300.601 through
300.605: 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
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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 315, section 315.905 Length of
the probationary period. Waived to the
extent necessary to allow for a two-year
supervisory/managerial probationary
period.
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 316, section 316.304: Trial
Period. Waived to the extent necessary
to allow for up to a three-year trial
period.
Part 332, section 332.402: ‘‘Rule of
three’’ will not be used in the
demonstration project. When there are
no more than 15 qualified applicants
and no preference eligible, all eligible
applicants are referred to the selection
official without rating or rankings.
Statutes and regulations covering
veterans’ preference are observed in the
selection process and when rating and
ranking are required.
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 340, subpart A, subpart B, and
subpart C: Other than Full-Time Career
Employment. These subparts are waived
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to the extent necessary to allow a
Volunteer Emeritus Corps.
Part 351, section 351.401:
Determining retention standing. Waived
to the extent necessary to allow use of
performance subgroups in determining
retention standing.
Part 351, section 351.402(b):
Competitive area. Waived to the extent
necessary to allow separate competitive
areas for demonstration and nondemonstration project employees and to
allow separate competitive areas for
each demonstration occupational
family.
Part 351, section 351.403: Competitive
level. Waived to the extent necessary to
replace ‘‘grade’’ with ‘‘pay band’’ and to
allow use of demonstration project
criteria, such as specialty area code, to
be used in the definition of competitive
levels.
Part 351, section 351.501: Order of
retention—competitive service. Waived
as necessary to allow use of
performance subgroups in determining
retention standing and allow no
additional years of service based on
performance.
Part 351, section 351.502: Order of
retention—excepted service. Waived as
necessary to allow use of performance
subgroups in determining retention
standing and allow no additional years
of service based on performance.
Part 351, section 351.504: Credit for
performance. Waived as necessary to
allow for use of performance subgroups
rather than 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 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 Executive
Directors of the covered organizations 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 mission
aligned objectives and compensation
system.
Part 430, section 430.208(a)(1) and (2):
Rating Performance. Waived to allow
presumptive ratings for new employees
hired 90 days or less before the end of
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the appraisal cycle or for other
situations not providing adequate time
for an appraisal.
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’’ is replaced with ‘‘pay band.’’
Part 432, section 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 451, subpart A, section
451.103(c)(2): Waived with respect to
performance awards under the NAVAIR
Extraordinary Achievement Allowance
and demo incentive awards authority.
Part 451, subpart A, section 451.106
and 451.107: Waived to allow the
NAWCAD and NAWCWD Commanders
authority to grant special act awards to
covered employees of up to $25,000.
Part 511, subpart A, subpart B, and
subpart F: Classification within the
General Schedule. Waived in its
entirety.
Part 530, subpart C: Special Rate
Schedules for Recruitment and
Retention. Waived in its entirety to
allow for staffing supplements.
Part 531, subpart B.: Determining Rate
of Basic Pay. Waived to the extent
necessary to allow for pay setting,
including educational pay adjustments
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 VI of the
Supervision and Management pay
schedule, to be treated as GS employees
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and (2) base rates of pay under the
demonstration project to be treated as
scheduled annual rates of pay.
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 movement from a supervisory
position to a non-supervisory position,
as long as total pay is not reduced; (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) allow no provision of grade
or pay band retention under this
demonstration project; (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 and (8) allow
demonstration project employees
receiving a staffing supplement to retain
the adjusted base pay if the staffing
supplement is discontinued or reduced.
This waiver applies to ST employees
only if they move to a GS equivalent
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 S&E occupational family.
Part 575, subparts A, B, C, and D:
Recruitment Incentives, Relocation
Incentives, Retention Incentives.
Waived to the extent necessary to allow
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employees and positions under the
demonstration project covered by pay
banding to be treated as employees and
positions under the GS.
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 S&E
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 or
NSPS Targeted Local Market
Supplements to demonstration project
pay, as long as total pay is not reduced
and (2) movement from a supervisory
pay band to a non-supervisory pay band
as long as total pay is not reduced.
Appendix A: NAWCAD and NAWCWD
Duty Locations
GSA
geographic
location code
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011716073
011730089
012585089
040530019
040620027
.....
.....
.....
.....
.....
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Duty
location
Hoover, AL
Huntsville, AL
Redstone Arsenal, AL
Tucson, AZ
Yuma, AZ
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geographic
location code
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122490033
122811085
122950057
130280121
133015039
153500003
158206003
173595097
181055101
182210097
221690071
231150005
240840017
241096037
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Duty
location
GSA
geographic
location code
Duty
location
Camp Pendleton, CA
China Lake, CA
Coronado, CA
Edwards AFB, CA
El Centro, CA
Fallbrook, CA
Lemoore, CA
Martinez, CA
Miramar Naval Air Sta., CA
Monterey, CA
Naval Air Station, CA
Oxnard AFB, CA
Pasadena, CA
Point Loma Complex, CA
Point Mugu, CA
Port Hueneme, CA
San Diego, CA
San Nicolas Island, CA
Groton, CT
Washington, DC
Wash Navy Yard, DC
Okaloosa Cnty, FL
Cecil Field, FL
Eglin A.F.B., FL
Gainesville, FL
Jacksonville, FL
Mayport, FL
Milton, FL
Naval Air Station, FL
Naval Warfare Center, FL
Naval Aviation Depot, FL
Naval Air Station, FL
Orlando, FL
Pensacola, FL
Sewalls Point, FL
Tampa, FL
Atlanta, GA
Kings Bay, GA
Kaneohe, HI
Pearl Harbor Naval Base, HI
Great Lakes, IL
Crane, IN
Indianapolis, IN
New Orleans, LA
Brunswick, ME
Indian Head, MD
Patuxent River, MD
Saint Inigoes, MD
Solomons, MD
Hanscom Fields, MA
Meridian, MS
St Louis, MO
Fallon, NV
New London, NH
Lakehurst, NJ
Naval Air Warfare Center, NJ
Huntington, NY
Cherry Point, NC
371670051 .....
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GQ0100000 ...
JA0600000 ....
JA2600000 ....
JA3800000 ....
JA3825000 ....
Fayetteville, NC
Fort Bragg, NC
Jacksonville, NC
Marine Corps Air Station, NC
Dayton, OH
Wright Patterson AFB, OH
Tinker AFB, OK
Chambersburg, PA
Coolbaugh Township, PA
Dresher, PA
Manheim, PA
Philadelphia, PA
Naval Support Activity, PA
Philadelphia, PA
Pittsburgh, PA
Tobyhanna, PA
Windber, PA
Naval Base, RI
Beaufort, SC
Greenville, SC
Arnold AFB, TN
Millington, TN
Tullahoma, TN
Amarillo, TX
Arlington, TX
Corpus Christi, TX
Dallas, TX
Fort Worth, TX
Kingsville, TX
Provo, UT
Arlington, VA
Damneck Nav Fac, VA
Herndon, VA
Naval Base, VA
Arlington, VA
Newport News, VA
Norfolk, VA
Oceana Nav Air Sta, VA
Pentagon, VA
Quantico, VA
Virginia Beach, VA
Wallops Island, VA
Yorktown, VA
Bangor, WA
Seattle, WA
Whidbey Island NAS, WA
Stuttgart, Germany
Agana, GUAM
Atsugi, Japan
Futemma, Japan
Iwakuni, Japan
Iwakuni Marine Corps Air
Stn, Japan
Kadena AF Okinawa, Japan
Okinawa Island, Japan
Oslo, Norway
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JA3950000 ....
JA5615000 ....
NO6000000 ...
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Appendix B: Occupational Series by Occupational Family
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Appendix D: Individual Pay Band Level
Rating Benchmarks Examples
These are examples for illustration
purposes only, the actual benchmarks may be
different from what is shown here. These are
an example showing a benchmark for each
pay band level in an occupational family:
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Scientific and Engineering (S&E) (Pay Plan
DP)
Example Rating Benchmarks
Band II
Level 3:
• With guidance, effectively achieved the
stated objective.
• With guidance, organized and prioritized
own tasks to deliver the objective, adjusting
work plans and overcoming obstacles as
necessary.
• Demonstrated high standards of personal
and professional conduct and represented the
organization or work unit effectively.
Level 5:
Additions at the Level 5:
• Contributed results beyond what was
expected; results were far superior in quality,
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quantity, timeliness and/or impact to the
stated objective.
• Exhibited the highest standards of
professionalism.
Band III
Level 3:
• Effectively achieved the stated objective,
anticipating and overcoming significant
obstacles. Adapts established methods and
procedures when needed.
• Results were technically sound, accurate,
thorough, documented, and met applicable
authorities, standards, policies, procedures
and guidelines.
• Planned, organized prioritized, and
scheduled own work activities to deliver the
objective in a timely and effective manner,
making adjustments to respond to changing
situations and anticipating and overcoming
difficult obstacles as necessary.
• Demonstrated high standards of personal
and professional conduct and represented the
organization or work unit effectively.
Level 5:
Additions at the Level 5:
• Contributed results beyond what was
expected; results were far superior in quality,
quantity, and/or impact to the stated
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objective to what would be expected at this
level.
• Exhibited the highest standards of
professionalism.
Appendix E: Career Stage Rating
Benchmarks Examples
These are examples for illustration
purposes only, the actual benchmarks may be
different from what is shown here. These are
an example showing benchmarks by career
stage, which may cover multiple pay band
levels in multiple occupational families:
Example Rating Benchmarks
Career Stage: Journey.
Objective Rating: 1.
Performance Standard:
• Failed to achieve all or part of the stated
critical element; or
• Failed to provide products that were
sound, accurate, thorough and documented,
and regularly failed to meet applicable
authorities, standards, policies, procedures
and guidelines; or
• Failed to plan, organize, prioritize, and
schedule own work activities to deliver the
critical element in a timely and effective
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manner. Relied on others to frequently assist
with or redo work assignments; or
• Demonstrated poor cooperation or
inability to work with others.
Career Stage: Journey.
Objective Rating: 3.
Performance Standard:
• Effectively accomplished the stated
critical element by achieving results that
were technically sound, accurate, thorough,
and documented and met applicable
authorities, standards, policies, procedures
and guidelines.
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• Planned, organized, prioritized and
scheduled own work activities to deliver the
critical element in a timely and effective
manner, making adjustments to respond to
changing situations as necessary.
• Demonstrated high standards of
teamwork and cooperation.
Career Stage: Journey.
Objective Rating: 5.
Performance Standard:
(Measured in addition to the above)
• Achieved outcomes and results that are
far superior in quality, quantity, timeliness
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and/or impact to what would ordinarily be
expected at this level.
• Accomplishments and outcomes were of
such magnitude that they contributed to the
organization exceeding its mission goals and
objectives for the year.
• Persisted in overcoming obstacles and
put forth extra effort to accomplish difficult
assignments.
• Represented the organization or work
unit effectively through model team
cooperation.
[FR Doc. 2011–3094 Filed 2–11–11; 8:45 am]
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Agencies
[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Notices]
[Pages 8530-8570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3094]
[[Page 8529]]
Vol. 76
Monday,
No. 30
February 14, 2011
Part IV
Department of Defense
-----------------------------------------------------------------------
Science and Technology Reinvention Laboratory (STRL) Personnel
Management Demonstration Project, Department of the Navy (DON), Naval
Air System Command (NAVAIR) Naval Air Warfare Center, Aircraft Division
(NAWCAD), and Naval Air Warfare Center, Weapons Division (NAWCWD);
Notice
Federal Register / Vol. 76 , No. 30 / Monday, February 14, 2011 /
Notices
[[Page 8530]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention Laboratory (STRL) Personnel
Management Demonstration Project, Department of the Navy (DON), Naval
Air System Command (NAVAIR) Naval Air Warfare Center, Aircraft Division
(NAWCAD), and Naval Air Warfare Center, Weapons Division (NAWCWD)
AGENCY: Office of the Deputy Under Secretary of Defense (Civilian
Personnel Policy), (DUSD (CPP)), DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 342(b) of the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 1995, Public Law (Pub. L.) 103-337 (10
U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000,
Public Law 106-65, and section 1114 of NDAA for FY 2001, Public Law
106-398, authorizes the Secretary of Defense to conduct personnel
demonstration projects at 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 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat.
2486, October 28, 2009, designates additional DoD laboratories as STRLs
for the purpose of designing and implementing personnel management
demonstration projects for conversion of employees from the personnel
system which applied on October 28, 2009. The NAWCAD and the NAWCWD are
listed in subsection 1105(a) of NDAA for FY 2010 as two of the newly
designated STRLs. These two STRLs will be the participants in the
demonstration project proposal described in this Federal Register
Notice (FRN).
DATES: Implementation of this demonstration project will begin no
earlier than March 1, 2011.
FOR FURTHER INFORMATION CONTACT:
NAVAIR: Mr. Richard Cracraft, Naval Air Warfare Center, Weapons
Division (NAWCWD), Code 730000D, 1 Administration Circle, Building
00464, China Lake, CA 93555-6100.
DoD: Ms. Betty A. 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. The STRL
Personnel Management Demonstration Projects involve broad-banded pay
systems and simplified classification; compensation linked to
performance, including contribution-based pay; recruitment and staffing
changes; and enhanced training and development including critical
skills training, Voluntary Emeritus Corps, and sabbaticals.
This demonstration project involves: (1) Two appointment
authorities (permanent and modified term); (2) extended probationary
period for newly hired employees; (3) pay banding; (4) streamlined
delegated examining; (5) modified reduction-in-force (RIF) procedures;
(6) simplified job classification; (7) a mission aligned objectives and
compensation based appraisal system; (8) market based starting
salaries; (9) academic degree and certificate training; (10)
sabbaticals; and (11) a Voluntary Emeritus Corps.
2. Overview
The covered organizations transitioned to the National Security
Personnel System (NSPS) late in 2008. Subsequently, section 1113 of
NDAA for FY 2010, Public Law 111-84,123 Stat. 2486, required all
employees to exit NSPS by no later than January 1, 2012. Another
section of NDAA for FY 2010, section 1105, identifies NAWCAD and NAWCWD
as STRLs and requires them to convert to an STRL demonstration project
within 18 months of enactment of NDAA for FY 2010. DoD published notice
in 75 FR 55160, September 9, 2010, that Section 1105 of the NDAA for FY
2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designated
NAWCAD and NAWCWD as new STRLs in subsection 1105(a) of NDAA for FY
2010 and further provided notice of the intent of the Naval Air Warfare
Center (NAWC) to model and implement an STRL Personnel Management
Demonstration project based on the flexibilities in use by the other
STRL laboratories and demonstration projects. Relative to NAWC's intent
to model and implement a new demonstration project, DoD received
comments from 14 people during the public comment period which ended on
October 12, 2010. All comments were carefully considered. The following
summary addresses the pertinent comments received, provides responses,
and notes resultant changes to the original NAWC project plan published
in 75 FR 55160, September 9, 2010. Several commenters addressed more
than one topic and each topic was counted separately. Thus, the total
number of comments exceeds the number of individual commenters.
A. General Issues
In reviewing the comment submissions, several recurring themes were
discerned that spanned multiple sections of the proposed regulation and
which were not necessarily aimed directly at the substance of the
proposed regulation. General issues identified included: (1) Requests
for a return to the former demonstration project (officially identified
as the Navy Personnel Management Demonstration Project but generally
recognized as the China Lake Demo, which became a permanent Alternative
Personnel System); (2) the perceived similarity of some aspects between
this STRL and the National Security Personnel System (NSPS) and the
rescinding of NSPS; (3) transparency and fairness; and (4) a request
for the comment period to be extended.
(1) Return to the Former Navy Personnel Management Demonstration
Project
Comments: Three comments were received expressing the benefits and
value of the Navy Personnel Management Demonstration Project and its
tried and tested positive outcomes. Two of these also asked that it be
reinstated.
Response: While there is no question about the value and benefits
that were realized under the Navy Personnel Management Demonstration
Project, it is not possible to return to it. NDAA 2010 specifically
states that NAWCAD and NAWCWD were to exit NSPS and transition to a
Science and Technology Reinvention Laboratory Demonstration Project and
that the organizations had 18 months from signature of the NDAA to
implement this decision.
[[Page 8531]]
(2) Perceived Similarities Between STRL and NSPS
Comments: Ten commenters made the comparison that this STRL
demonstration project is similar to or the same as NSPS and will thus
not be a success.
Response: The proposed STRL provisions are based on concepts proven
over more than 25 years for the Navy Demonstration Project and more
than 10 years by the multiple STRLs in Army, Air Force and Navy who
have operating demonstration projects. There are both conceptual
similarities and differences between the NAWC STRL, NSPS, the other
existing STRL demonstration projects, and the Navy Personnel Management
Demonstration Project that covered Space and Naval Warfare Systems
Command (SPAWAR) organizations as well as NAWCWD for more than 25
years. For instance, the NAWC STRL has a five-level performance rating
system, so did the Navy Personnel Management Demonstration Project and
so does NSPS. The STRL has five occupational families: Scientific and
Engineering (S&E), S&E Technician, Technical Specialist, Business
Professional & Program Management, and Administrative Support as did
the Navy Personnel Management Demonstration Project; NSPS has four:
Standard Career Group, Scientific and Engineering Career Group, Medical
Career Group and Investigative and Protective Services Career Group.
The STRL will have hiring flexibilities that neither the Navy Personnel
Management Demonstration Project nor NSPS had available. These
flexibilities, such as the proposed Direct Hire Authority for
Scientists and Engineers with Advanced Degrees, Distinguished
Scholastic Achievement Appointment Authority (DSAA) for Scientific and
Engineering Positions, and Non-Citizen Hiring flexibilities are only
available to laboratories covered by STRL demonstration projects.
(3) Transparency and Fairness
Several comments were received that addressed the topics of the
transparency and fairness of the STRL.
Comments: Four of the comments spoke to protecting the integrity of
the STRL and the need for credible unbiased oversight and employee
protections. Some expressed a concern for the possibility that the STRL
personnel system for the laboratories could be sub optimized due to
efforts to reconcile differences with the other personnel systems
(General Schedule (GS), Interim GS, Federal Wage System (FWS), Senior
Executive Service (SES), and Scientific and Professional (ST)) in place
across NAVAIR.
Response: DoD actively monitors the new STRLs which are also
subject to periodic evaluations by DoD. Congress maintains oversight
through a mandatory 5-year report and evaluation of each new STRL as
well as a mandatory annual report on demonstration project activities.
Any major changes that are made to the approved regulations require
notification to the appropriate stakeholders and possible publication
of a Federal Register Notice (FRN).
(4) Extension of the Comment Period
Comments: Two commenters asked for an extension to the comment
period.
Response: Unfortunately there is no opportunity to extend the
comment period as the NDAA 2010 requires that the STRL demonstration
project be implemented and conversion from NSPS occur no later than 18
months after enactment of NDAA for FY 2010 or by 28 April 2011.
B. Participating Organizations and Employees
Three comments were received that relate to the definition of the
organizations participating and the coverage of the STRL.
(1) Definition of the Organizations Participating
Comments: The section on participating organizations, section D
should be corrected as it inaccurately identifies each Warfare Center
site as a `business unit.'
Response: This correction has been made.
(2) Coverage of the STRL
Comments: One commenter questioned the organizational coverage of
the field sites by the STRL and another requested a provision that
would allow employees to opt out of the STRL. Another commenter
suggested that STRL positions be filled by former military who had
successful military careers and that other civilian employees be
excluded from coverage to avoid impacts on their productivity.
Response: The NDAA identified NAWCAD and NAWCWD as the
organizations to be covered by an STRL. Each of these organizations
includes more than one geographic location. All locations and civilian
employees covered by NSPS are required by the Congressional mandate to
convert to the STRL Demonstration Project. Employees covered by other
personnel systems such as those in health care, medical, intelligence,
SES, FWS, and ST are excepted from conversion to the Demonstration
Project. The provisions of the STRL do not apply to any bargaining unit
employees within NAWCAD or NAWCWD until a mutual agreement is reached
between the STRL organization and the applicable exclusive
representative. The obligation to consult and/or negotiate with all
labor organizations is established by 5 U.S.C. 4703(f) and 7117, as
applicable.
C. Project Design
Comments: Three comments were received on this subject. One comment
requested that the STRL provide for every optional OPM benefit. The
other two comments request that the STRL provision include medical and
legal support to employees in the STRL and that medical testing should
be conducted to identify whether employees have disabilities that
prevent them from performing successfully under the STRL.
Response: STRL demonstration projects are prohibited by law from
making any changes in the areas of employee benefits, employee leave,
equal employment opportunity, political activity, merit system
principles, or other prohibited personnel practices.
D. Pay Banding
There were six comments on the proposed pay banding. Four
identified the pay bands as being too broad and two addressed the use
of a supervisory and managerial pay band.
(1) Pay Bands Are Too Broad
Comments: Four comments noted that the proposed STRL pay bands are
too broad and will have negative impacts on financial systems and the
ability to appropriately recognize employees' progression to higher
levels of work and that the provision for more promotion opportunities
could be seen as a positive by the workforce. Examples of specific
comments include: ``Broad pay bands, such as were designed in NSPS and
seem to be continuing into STRL, cause stabilized rate setting concerns
and instability in our net operating results. When the salary range of
the band fluctuates so wildly (salary ranges with a span of $50K or
more) it is hard to set the rates to minimize the stabilized rate
variance to any degree of certainty. This presents a problem
particularly in NWCF facilities where workload can vary by millions
between those being charged at stabilized rates versus accelerated
labor. A change in the workforce shifting from assumptions used when
weighting the stabilized
[[Page 8532]]
rates will cause net operating result gains or losses that have the
potential to impact future year rates, compounding the problem.'';
``Thirdly, the STRL paybands are still too broad. While the attempt has
been made to restructure the NSPS paybands, the lack of built in checks
and balances for salary control remains unaddressed.'' and ``The last
point revolves around employee morale. Employees crave promotion
recognition. Additional bands meet that need. * * * As it is in the
current STRL pay band proposal, promoting once takes them from a GS 1-4
pay band to being capable of moving all the way to a GS 11 with only
one promotion.''
Response: We concur with these recommendations and have modified
the pay band levels by adding additional levels within each of the
occupational families with the exception of the Administrative Support
family. The number of pay levels within the Supervision & Management
pay schedule also remains the same. All levels now have a base pay span
of less than $50,000 and the additional levels provide for more
promotional opportunities while still meeting the need for broad bands
to facilitate the ability to quickly move employees to areas of mission
need when necessary.
(2) Supervisory Pay Bands
Comments: Two comments were submitted and questioned the utility of
a supervisory and managerial pay band. They spoke to the blended nature
of the work of many positions which include both supervisory and non-
supervisory duties with emphasis on the technical workforce in the
laboratories and the difficulties of drawing distinctions in the value
of these two elements. One commenter made reference to the former Navy
Personnel Management (China Lake) Demonstration Project and its
experience in this area where there was no separate pay schedule for
supervisory positions.
Response: The establishment of a separate supervisory pay schedule
is not incompatible with the STRL and does not define how the
organization values or compensates different types of work. One of the
differences between the China Lake demonstration project and the STRL
is the coverage. The STRL covers two large organizations with multiple
diverse sites and the flexibilities adopted under the STRL must be
broad enough to address the needs of each. The China Lake Demo was
originally designed for and applied to one part of what is today
NAWCWD. The establishment of a separate pay schedule recognizes the
differences inherent in supervisory and non-supervisory work but also
allows flexibility for the organizations to compensate both types of
positions appropriately.
E. Classification
Four comments addressed the topic of position classification. Three
speak to the position series used by the STRL and the other focuses on
the method of actually creating and assigning pay schedules and pay
bands to positions.
(1) Occupational Series
Comments: These comments advocated the use of the established OPM
series and one of the three also suggested the establishment of a
single multi-disciplinary series for all supervisory/managerial
positions covered by the STRL.
Response: The STRL has adopted the use of Office of Personnel
Management (OPM) standard series and titling practices. This STRL
demonstration project did not identify supervision and management as a
separate occupational family because all supervisory/managerial
positions do not have knowledge, skills, and qualifications
requirements similar enough to be classed together. Each occupational
family is built around a body of knowledge and area of expertise, e.g.,
Scientific and Engineering as compared to Business and Program
Management. Supervision and management, while arguably a body of
knowledge, is not separate unto itself but rather spans all of the
occupational families that are identified under the STRL.
(2) Classification Standards and Position Descriptions
Comments: This comment spoke to the streamlined procedures of the
China Lake classification system and the ease of application and
consistency it brought to creating position descriptions.
Response: The FRN speaks at a high level and the flexibilities as
proposed allow for the streamlined classification procedures available
in the former China Lake system while also allowing room for the
adoption of additional features if desired. The specific system and
procedures used to create and classify positions will be included in
internal operating issuances.
F. Mission Aligned Objectives and Compensation
Eleven comments were submitted on the performance management
aspects of the STRL. Three addressed the timing of the beginning and
end of the annual performance cycle. One spoke to employee self
assessments. One commented on the proposed pay pool process. Five
expressed thoughts on the performance pay outcomes. The final one
identified a concern with the proposed request for reconsideration
regulation.
(1) Annual Performance Cycle Begin and End Dates
Comments: These comments identified concerns with the current
performance rating cycle and payout date. The timing of the end of the
performance cycle to coincide with the end of the financial fiscal year
has a significant workload impact on employees and the organization. At
this time of year, the pay pools have to work with estimated salary
values for the January increase since the official figures are not
normally published until late November or December. Furthermore, moving
the cycle dates and payout to a schedule that permitted the payout to
occur before the holiday period could be desirable from the employees'
perspective.
Response: The difficulties presented by the timing of the current
cycle are recognized and the FRN is purposefully silent on the specific
timing of the performance period to permit the organizations the
flexibility of evaluating other options and changing the cycle if
warranted.
(2) Self Assessments
Comments: It was recommended that employees have the choice to
submit written statements of accomplishments at mid-year and end-of-
year performance milestones rather than being required to provide them.
Response: We concur that there are circumstances which may prohibit
the submission of written statements and that employees should have a
choice in this matter. The appropriate changes have been made in the
relevant section to make the submission of written statements
permissive rather than required.
(3) Pay Pools
Comments: The comment questioned the cost/benefit value of the pay
pool process when the cost of the process is compared to the amount of
money available to allocate in the payout process.
Response: The experience of all the demonstration projects is that
the startup learning curve associated with new performance systems and
pay pools is fairly steep but it does return to more reasonable levels
after two or three cycles. This initial investment is more than
returned in out-year benefits. The demonstration project performance
[[Page 8533]]
system delivers increased focus on what is expected to be accomplished
and enhanced rewards for those who contribute the most. Pay pools are
charged primarily with ensuring that the appraisals and ratings
assigned to each employee are appropriate and rating benchmarks are
applied consistently across the organization. Establishing this shared
understanding of the broad benchmarks and their application to specific
accomplishments is one of the Pay Pool Managers' and Panels' core
responsibilities and while important, the specific amount of money in
the pay pool fund is secondary and subordinate to this.
(4) Performance Payout Determination
Comments: Five comments expressed thoughts in this area. Two spoke
specifically to the overlapping payout points available for Partial
Mission Success and Mission Success ratings. One of the two commented
that 0 payout points for an employee with a Mission Success rating was
the wrong decision and the other commented that there should be a
lesser reward for Partial Mission Success vs. Mission Success and
suggested that the Partial Mission Success should receive one-half of
any January pay increase as well as 0 payout points. Two spoke to the
complexity of the proposed payout point computations and one of these
suggested a fixed dollar value for payout points similar to one of the
former demonstration projects. The final comment expressed concern with
the variance in the payout point value that can occur between pay
pools.
Response: The Partial Mission Success rating is applicable for
those situations where less than was needed was accomplished but some
work was accomplished that did contribute to the mission. There is
merit in the recommendation to have the payout for this to be at a
lesser level and other STRL demonstration projects do have this
flexibility available and consideration may be given to adopting this
flexibility at a later date.
The inclusion of the 0 payout points option for Mission Success
provides the flexibility for the supervisor and pay pool panel to
appropriately rate and compensate those situations where Mission
Success has been fully achieved but the employee is already adequately
compensated for that level of work and neither an increase in salary
beyond the equivalent of the annual general pay increase or a bonus is
warranted for the accomplishments for that year. The employee would
receive the full January general increase authorized for all employees
so they do not fall behind; but all jobs, no matter what the
compensation system, reach a plateau where salary growth levels off;
some at the top of the pay scale and others at different points.
There is a degree of complexity in the computation of the payout
point value and it can vary by pay pool due to the factors required for
the calculation. The design provides for a variable pay point value to
allow the ratings to be paramount and drive the outcomes rather than be
limited by the payout. The method chosen to implement this capability
is one that is similar to a process with which the organization is
familiar and has applied successfully in the past.
(5) Requests for Reconsideration
Comments: One commenter spoke to this area pointing out that it is
not reasonable for a Pay Pool Manager to be the final deciding official
on requests for reconsideration for those cases where they are also the
rating official or immediate supervisor.
Response: Concur that it is not reasonable for a Pay Pool Manager
to be the final deciding official on requests for reconsideration for
those cases where they are also the rating official or immediate
supervisor. The appropriate changes have been made in the relevant
section to adopt this recommendation.
G. Hiring Authority
Three comments were submitted on the hiring authorities for the
STRL. Two requested additional hiring flexibilities: one for
acquisition workforce jobs and one for re-employed annuitants. The
second comment spoke to the tension between the need to tailor the
features of the STRL demonstration project to the specific requirements
of the proposing organization and the DON's desire to standardize HR
operations across the component.
(1) Hiring Flexibilities for Re-Employed Annuitants
Comments: The Naval Air Warfare Center Commanders should have the
flexibility to approve the re-employment of retired civil service
employees for purpose of delivering on the mission. The current process
for hiring re-employed annuitants is lengthy, time-consuming and
inconsistent with the pressures from the Chief of Naval Operations to
deliver rapid, capable, warfighting solutions to our men and women in
uniform.
Response: There is no question about the loss of intellectual
capital or the need to be able to draw upon the expertise of those who
have retired when necessary. These needs can be met following our
existing processes. While the current process to approve the
appointment of reemployed annuitants is perceived by some as being
lengthy and time consuming, it is designed to preserve the interests of
the Department of the Navy and ensure appointments of this nature are
made only after very deliberate and careful thought is given to
workforce requirements, succession planning, alternative sources of
candidates, and the intent of this hiring flexibility.
(2) Hiring Flexibilities for Acquisition Workforce Positions
Comments: The comment requests consideration to include direct hire
authority for 1102 series positions for individuals who possess an
advanced degree. 1102s are one of the critical occupational series at
NAWCAD and are also some of the most difficult to fill. Having this
authority will greatly reduce cycle time and help hire qualified
candidates in this career field in support of the warfighter.
Response: There is no question about the critically of the
acquisition workforce to mission accomplishment or the difficulty in
finding candidates for these positions; however, the authority being
requested is essentially already in place under the Expedited Hiring
Authority for Select Defense Acquisition Workforce Positions and this
STRL demonstration project will rely on this authority to meet these
needs.
(3) STRL Flexibilities and Standardized Business Processes
Comments: One commenter addressed the requirement to follow the
Department of Navy's common business processes, systems, and tools in
carrying out hiring authorities and expressed concern that the use of
common processes and tools designed for the entire Navy is limiting and
unresponsive to the creative problem solving and unique business
processes needed to expedite solutions and provide rapid response to
the war fighter.
Response: DON's common business processes balance the need for
flexibility with fiscal constraints, cost of doing business,
consistency across the Component, Hiring Reform initiatives and
metrics.
H. Internal Placement
Three comments were submitted on this topic. One each addressing
standardized business processes, promotions, and reassignments.
[[Page 8534]]
(1) STRL Flexibilities and Standardized Business Processes
Comments: The comment is the same as the comment under Hiring
Authority above.
Response: The Warfare Centers do need responsive business processes
that are adaptable to their requirements in acquiring the skills and
talent needed to react quickly to the needs of the warfighter. DON's
common business processes will be relied upon to address this need.
(2) Promotions
Comments: The comment expressed concern about scientific,
engineering, and/or technical career paths being blocked due to the
effects of the STRL's proposed demonstration project provisions.
Response: The comment did not provide any specifics about which
provisions were of concern or examples of situations where promotion or
career advancement would be impacted by the STRL Demonstration Project
so it can only be assumed that the concern relates to the broad pay
bands. As noted in an earlier section, the pay bands have been modified
to include additional levels which allow more promotional
opportunities.
(3) Reassignment
Comments: One comment received expressed concern on the limit of 5%
upon reassignment believing it is unduly restrictive and does not allow
management to use the broad pay band flexibilities and suggests this
authority be increased up to 10%.
Response: The STRL Demonstration Project is a mission aligned
system, moving to a culture where salary increases are driven by
accomplishments and contributions to achieve the mission and away from
a longevity and position-based system. Providing flexibility to adjust
salary up to 5% for a reassignment maintains the distinction between
reassignment and promotion. This allows management to assign work
within a broad pay band range. At the same time, it incentivizes
employees to seek and accept new work assignments, tasks, projects,
responsibilities, etc., consistent with what would be available in the
range of work within a pay band, while maintaining a distinction
between the percentage increases for reassignments and percentage
increases for promotions. The STRL demonstration project will proceed
with the 5% increase as proposed.
I. Pay Administration
Two comments were received addressing this subject. Both are from
sites that will have GS and STRL covered employees in the same work
group and each expressed concern about the differing compensation
outcomes that are inherent in the STRL vs GS and the potential impacts
these might have.
Comments: The comments express concern that due to pay banding the
STRL Demonstration Project will not provide results in base pay
increases that are equal to those possible under the GS for entry-level
employees and the perceived disadvantages that control points place on
the STRL employee.
Response: Under the STRL Demonstration Project starting salaries
can be more market sensitive and are not held to step 1 if a higher
entry salary is appropriate for that occupation. Comparisons of salary
outcomes were completed to compare STRL pay progression scenarios to
normal GS scenarios to ensure that there were no unintended outcomes
for new hires into the STRL as compared to their counterparts in other
systems and that STRL Mission Success performers would generally
maintain equity with the other compensation systems. The comparisons
looked for both unintended negative consequences as well as unintended
windfall benefits. The principal difference between GS and STRL is that
GS is longevity based while the STRL Demonstration Project is
performance based and it is possible for the highest contributors to
the mission to move forward at a faster pace.
As noted earlier, no matter what the compensation system, over time
positions reach a plateau where salary growth levels off; some at the
top of the pay scale and others at other points.
J. Reduction-in-Force (RIF) Procedures
Two comments were submitted on the topic of RIF. One addressing
competitive areas and the other the employee support mechanisms used in
RIF.
(1) Competitive Areas
Comments: The current Federal Register notice requires separate
competitive areas within the STRL workforce by occupational families.
To allow for greater flexibility within individual geographic
locations, it is recommended that the language be changed to reflect
that separate competitive areas may be established within the STRL
workforce by occupational families.
Response: We concur with the rationale and need for this authority.
The appropriate changes have been made in the relevant section to allow
this flexibility.
(1) Employee Support Mechanisms
Comments: The comment suggested drawing upon government experience
with demotions, RIF's, firings, etc., and incorporating the same
employee support mechanisms into the STRL Demonstration Project.
Response: The STRL has incorporated broad lessons learned from the
other STRLs, the Navy Personnel Management Demonstration Project, and
GS in the areas of RIF with the intent of minimizing what is a very
impactful and disruptive process for the workforce and the
organization.
K. Training
Six comments were submitted on the topic of training. Three
comments addressed the content of the training. One suggested employees
be tested. One addressed remedial training and the final one spoke to
the cost of providing training.
Comments: The three comments that address training content
suggested drawing materials and lessons learned from other
demonstration projects and systems such as the military evaluation
system to enhance the training. Another comment suggested employees be
tested for suitability and ability to perform the STRL tasks and
responsibilities. One addressed the need for remedial training and the
final one spoke to the cost of providing training on the STRL
Demonstration Project vice returning to the China Lake demo which would
minimize training costs.
Response: Training materials and content cannot be finalized until
the STRL is approved but the suggestion to draw upon other materials
and lessons learned is a good one and will continue to be a practice as
the STRL and the associated training requirements are finalized.
The process for determining suitability is nuanced and not amenable
to standardized testing. Assessments to determine ability must be
developed and validated through a rigorous process. Currently Office of
Personnel Management in conjunction with other Executive Agencies is
pursuing the viability of such assessment instruments. Pending the
outcome of their efforts the STRL's may adapt the recommended
instruments. As noted above implementation and sustainment training are
still being designed and cannot be finalized until the STRL itself is
approved but the availability of training post conversion to refresh
and enhance the necessary skills for
[[Page 8535]]
employees and supervisors is part of that design process.
Cost of training, both in terms of the dollars spent and the impact
on the productivity of the workforce is clearly an important
consideration. These factors are being taken into consideration in the
training design but delivery of the knowledge and skills needed are
also a critical factor. The STRL Demonstration Project training will
build upon the training that NAVAIR has already completed. Many of the
skills needed are applicable under any of the demonstration projects
(including NSPS) and provide a good foundation to build upon and will
not need to be re-taught.
L. Automation Support
Comments: One comment was received on this topic. Concern is
expressed about the nature and features of the information technology
(IT) tool that will be used to support the STRL performance system and
that it might be as resource intensive and as rigid, restrictive, and
difficult to use as the Performance Appraisal Application (PAA) was
under NSPS. The comment notes that no information was provided in the
September FRN on this subject.
Response: The IT tool that will support the NAWC STRL performance
system will be specific to NAWC requirements and hosted within NAVAIR.
Ease of use and flexibility have been identified as two of the key
performance requirements. Specific information about the tool was not
provided in the FRN because that level of detail is not appropriate for
this document. Preliminary requirements identification has been
initiated and does incorporate input provided by NAWCAD and NAWCWD
employee and supervisor focus group meetings as well as input from a
variety of leadership briefings.
M. Evaluation Plan
Comments: One comment was received on this topic. It stated that
the STRL Demonstration Project should include provisions for metrics
regarding comparison of health and stress between STRL situations and
the former demo project situations (which focused upon retention and
rewarding of employees based upon engineering, scientific, technical,
and similar abilities and capabilities).
Response: The STRL provisions for evaluation of the demonstration
projects were provided by DoD. This evaluation plan was developed by a
joint OPM/DoD Evaluation Committee and approved by the Office of
Defense Research & Engineering. This evaluation plan has been applied
at the existing STRLs and will be applied to the new ones that are
currently being established.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this Federal Register shall be available
for use by the STRLs previously enumerated in section 9902(c)(2) of
title 5, United States Code, which are now designated in section 1105
of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28,
2009, 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: February 8, 2011.
Morgan F. Park,
Alternate 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
E. Participating Employees and Union Representation
F. Project Design
G. Personnel Management Board
III. Personnel System Changes
A. Pay Banding
1. Occupational Families
2. Pay Band Design
3. Above GS-15 Positions
B. Classification
1. Occupational Series
2. Classification Standards and Position Descriptions
3. Fair Labor Standards Act
4. Classification Authority
5. Classification Appeals
C. Mission Aligned Objectives and Compensation
1. Overview
2. Individual Mission Objectives (IMO)
3. Rating Benchmarks
4. Performance Feedback and Formal Ratings
5. Pay Pools
6. Performance Payout Determination
7. Base Pay Increases and Bonuses
8. Extraordinary Achievement Allowance (EAA)
9. Pay Growth Within a Pay Band
10. Awards
11. General Pay Increase
12. Requests for Reconsideration
13. Adverse Actions
D. Hiring Authority
1. Qualifications
2. Delegated Examining
3. Distinguished Scholastic Achievement Appointment Authority
(DSAA) for Scientific and Engineering Positions
4. Legal Authority
5. Expanded Term Appointments
6. Extended Probationary Period
7. Termination of Probationary Employees
8. Supervisory Probationary Periods
9. Volunteer Emeritus Corps
10. Direct Hire Authority for Scientists and Engineers with
Advanced Degrees for Scientific and Engineering Positions
11. Non-citizen Hiring
E. Internal Placement
1. Employees Hired From Outside the NAWC STRL
2. Promotion
3. Reassignment
4. Demotion or Placement in a Lower Pay Band
5. Simplified Assignment Process
6. Details and Temporary Promotions
7. Exceptions to Competitive Procedures
F. Pay Administration
1. General
2. Locality Pay
3. Pay and Compensation Ceilings
4. Pay Setting for Appointment
5. Pay Setting for Promotion
6. Pay Setting for Reassignment
7. Pay Setting for Demotion or Placement in a Lower Pay Band
8. Staffing Supplements
9. Educational Pay Adjustment
10. Developmental Promotions
11. Pay Retention
G. Employee Development
1. Expanded Developmental Opportunity Program
H. Reduction-in-Force (RIF) Procedures
1. Competitive Areas
2. Assignment Rights
3. Crediting Performance in RIF
IV. Implementation Training
V. Movement Into and Out of the Demonstration Project
A. Conversion From NSPS to the Demonstration Project
1. Placement Into Demonstration Project Pay Plans and Pay Bands
2. Pay Upon Conversion
3. Fair Labor Standards Act (FLSA) Status
4. Transition Equity
5. Converting Employees on NSPS Term and Temporary Appointments
6. Probationary Periods
B. Conversion From Other Personnel Systems
C. Movement Out of the NAVAIR STRL Demonstration Project
1. Termination of Coverage Under the NAVAIR STRL Demonstration
Project Pay Plans
2. Determining a GS-equivalent Grade and GS-equivalent Rate of
Pay for Pay Setting Purposes When a NAVAIR Employee's Coverage by a
Demonstration Project Pay Plan Terminates or the Employee
Voluntarily Exits the NAVAIR STRL Demonstration Project
3. Supervision and Management Pay Band VI Employees
4. Employees With Pay Retention
5. Within-Grade Increase--Equivalent Increase Determinations
D. Personnel Administration
E. Automation Support
1. General
2. Defense Civilian Personnel Data System (DCPDS)
F. Experimentation and Revision
VI. Project Duration
[[Page 8536]]
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: NAWCAD and NAWCWD Duty Locations
Appendix B: Occupational Series by Occupational Family
Appendix C: Intervention Model
Appendix D: Individual Pay Band Level Rating Benchmarks Examples
Appendix E: Career Stage Rating Benchmarks Examples
I. Executive Summary
NAWCAD is an organization within NAVAIR dedicated to maintaining a
center of excellence for fixed- and rotary-wing aircraft and their
propulsion systems, avionics systems, training systems, take-off and
landing systems, and associated support and equipment including air
traffic control and communications and ship/shore/air operations.
NAWCAD has three primary locations: Patuxent River, MD; Lakehurst, NJ;
and Orlando, FL. These facilities support research, development, test,
evaluation, engineering, and fleet support of Navy and Marine Corps air
vehicle systems and trainers. NAWCAD is a world leader in Naval
aviation whose products and services include: aircraft, avionics, air-
launched weapons, electronic warfare systems, cruise missiles, unmanned
aerial vehicles, launch and arresting gear, training equipment and
facilities, and all other equipment related to Navy and Marine Corps
air power. The mission of the NAWCAD is to be the Navy's principal
research, development/test, evaluation, engineering, and fleet support
activity for naval aircraft, engines, avionics, aircraft support
systems, and ship/shore/air operations. NAWCAD is the steward of the
ranges, test facilities, laboratories, and aircraft necessary to
support the Fleet's acquisition requirements.
NAWCWD is an organization within NAVAIR dedicated to maintaining a
center of excellence in weapons development for the DON. NAWCWD has two
locations: China Lake, CA hosting the land test range and Point Mugu,
CA hosting the sea test range. NAWCWD is a world leader in Research,
Development, Acquisition, Test, and Evaluation (RDA, T&E) of guided
missiles, advanced weapons and systems, complex software integration on
tactical aircraft, energetic materials, and subsystems. It is also a
Center of Excellence for weapons and armaments and live-fire
survivability testing. The mission of the NAWCWD is to provide Navy and
Marine Corps warriors with effective, affordable, integrated warfare
systems, and lifecycle support to ensure battlespace dominance. The
NAWCWD is the steward of the ranges, test facilities, and laboratories
necessary to support the Fleet's acquisition requirements.
The goal of this demonstration project is to enhance and sustain
the quality and professionalism of the covered organizations'
workforces through improvements in the efficiency and effectiveness of
the human resource system. The project interventions will strive to
achieve the best workforce for the mission, adjust the workforce for
change, and improve workforce satisfaction. This demonstration project
is built on the concepts, and uses much of the same language, as the
other STRL demonstration projects already in place in DoD and is guided
by 25 years of experience in operating the Navy's ``China Lake''
demonstration project. 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 General Schedule (GS) system has existed
in essentially the same form since 1949. 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 in 1980 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 present reduction-in-force (RIF) process is unresponsive to
requirements for work force restructuring and requires enhancement to
provide better retention of the highest performing employees with
mission appropriate skills.
The need to change the current hiring system is essential as the
covered organizations must be able to recruit and retain scientific,
engineering, acquisition, skilled technical, and other professional,
administrative, and support employees. The covered organizations 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.
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.
C. Changes Required/Expected Benefits
1. The primary benefit expected from this demonstration project is
greater organizational effectiveness through increased employee
satisfaction. The Department of the Navy ``China Lake'' and NIST
demonstration projects produced impressive statistics on increased job
satisfaction and quality of
[[Page 8537]]
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 covered organizations' workforce will
facilitate increased:
a. Quality in the workforce and resultant products,
b. Timeliness of key personnel processes,
c. Retention of ``excellent performers,''
d. Success in recruitment of personnel with critical skills,
e. Management authority and accountability,
f. Satisfaction of customers, and
g. Workforce satisfaction with the personnel management system.
2. An evaluation model was developed for the Director of Defense,
Research and Engineering (DDR&E) in conjunction with STRLs, service
representatives, and the Office of Personnel Management (OPM). The
model, as modified in this plan, will measure the effectiveness of this
demonstration project and will be used to measure the results of
specific personnel system changes.
D. Participating Organizations
NAWCAD and NAWCWD are Warfare Centers within the Naval Air Systems
Command and are composed of five diverse major geographic locations.
The locations are: Lakehurst, NJ, Patuxent River, MD; Orlando, FL;
China Lake, CA; and Pt. Mugu, CA. Additionally, there are employees in
a variety of other geographic locations shown in Appendix A. It should
be noted that sites with fewer than 10 people may change. Successor
organizations will continue coverage in the demonstration project.
E. Participating Employees and Union Representation
This demonstration project will cover approximately 8,400 NAWCAD
and NAWCWD 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),
or DON centrally funded interns.
The details and provisions covered under this Personnel Management
Demonstration Project do not apply to any bargaining unit within NAWCAD
or NAWCWD until a mutual agreement is reached between the STRL
organization and the applicable exclusive representative. This
demonstration project will not cover any bargaining unit members at
implementation. If there is interest on the part of any of NAWCAD's or
NAWCWD's bargaining units at any of their sites in participating in the
NAWCAD or NAWCWD STRL demonstration project, negotiations would begin
after publication of this Federal Register notice. The covered STRL
organizations will fulfill their obligation to consult and/or negotiate
with all labor organizations in accordance with 5 U.S.C. 4703(f) and
7117, as applicable.
F. Project Design
An overarching objective in the project design has been the
development of a personnel system that provides a maximum opportunity
for adaptability to meet the variety of requirements of organizations
engaged in missions ranging from RDA, T&E of guided missiles, advanced
weapons and systems, complex software integration on tactical aircraft,
energetic materials and subsystems to fixed- and rotary-wing aircraft
and their propulsion systems, avionics systems, training systems, take-
off and landing systems, associated support and equipment including air
traffic control and communications, and ship/shore/air operations. This
demonstration project is built upon the successes of the many
demonstration projects that have preceded it and adapts many of the
provisions and features that have been shown to be successful in these
other STRL demonstration projects to the NAWCAD and NAWCWD
organizations.
G. Personnel Management Board
1. The covered organizations will create 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 Executive Directors of
the covered organizations. As needed, ad hoc members will serve in an
advisory capacity to the Board.
2. The board will execute the following:
a. Establish policies and issue guidance on the composition of pay
pools in accordance with the guidelines of this proposal and internal
procedures;
b. Review operation of pay pools and provide guidance to Pay Pool
Managers;
c. Oversee disputes in pay pool issues;
d. Establish policies and issue guidance on the formulation and
execution of the civilian pay budget;
e. Establish policies and issue guidance on the awards pools;
f. Establish policies and issue guidance on hiring and promotion
base pay as well as exceptions to pay-for-performance base pay
increases;
g. Establish policies and issue guidance on classification review
and oversight, monitoring and adjusting classification practices and
deciding board classification issues;
h. Approve major changes in position structure;
i. Address issues associated with multiple pay systems during the
demonstration project;
j. Establish policies and issue guidance on and approve Standard
Performance Elements and Benchmarks;
k. Assess the need for changes to demonstration project procedures
and policies;
l. Ensure in-house budget discipline;
m. Establish policies and issue guidance for workforce staffing and
budget plans;
n. Develop policies and procedures for administering Developmental
Opportunity Programs;
o. Ensure that all employees are treated in a fair and equitable
manner in accordance with the policies, regulations and guidelines
covering this demonstration project; and,
p. Monitor the evaluation of the project.
III. Personnel System Changes
A. Pay Banding
The design of the pay banding system has the benefit of being
preceded by exhaustive studies of pay banding systems currently
practiced in the Federal sector. The pay banding system will replace
both the current NSPS and GS structure. The flexibilities in this pay
banding section are similar in nature to the authority granted to: The
Naval Ocean Systems Center, San Diego, California 92152 and the Naval
Weapons Center, China Lake, California 93555, 45 FR 26504, April 18,
1980.
1. Occupational Families
Occupations with similar characteristics will be grouped together
into one of five occupational families with pay band levels designed to
facilitate pay progression. Progression through the band depends on
individual achievement, contribution to the mission goals, and
accomplishment of higher level, broader scope, more difficult work
assignments. Each occupational family will be composed of pay bands
corresponding to recognized advancement and career progression expected
within the
[[Page 8538]]
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 six pay bands with each pay band covering
the same base pay range that would be covered by one or more GS grades.
Employees track into an occupational family based on their current
series as provided in Appendix B. Note that where the current series
does not exist outside of NSPS the employee will be placed in the
appropriate OPM series before being placed into an STRL occupational
family. Upon conversion into the demonstration project each employee is
assured an initial placement in the STRL demonstration project without
a loss in pay. 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 VI of the Supervision and Management pay
schedule. Comparison to the GS grades and NSPS pay bands 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 and NSPS pay bands 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 five occupational families:
a. Scientific and Engineering (S&E) (Pay Plan DP): 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 S&E occupational family:
(1) Band I is a student trainee developmental 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-9, step 10.
(3) Band III is an intermediate developmental track covering GS-9,
step 1, through GS-11, step 10.
(4) Band IV is a full-performance technical track covering GS-12,
step 1, through GS-13, step 10.
(5) Band V includes senior technical positions covering GS-14, step
1, through GS-15, step 10.
b. S&E Technician (Pay Plan DT): This occupational family includes
technician positions, such as engineering technicians, electronics
technicians, physical science technicians, mathematic technicians, and
geodetic technicians. These occupations require practical technical
expertise in scientific or engineering support but specific course work
or educational degrees are not required for these occupations. Five
bands have been established for the S&E Technician occupational family:
(1) Band I is an entry level trainee developmental track covering
GS-1, step 1, through GS-4, step 10.
(2) Band II is a developmental/full performance track covering GS-
5, step 1, through GS-8, step 10.
(3) Band III is a full-performance technical track covering GS-9,
step 1 through GS-10, step 10.
(4) Band IV is a senior technical track covering GS-11, step 1
through GS-12, step 10.
(5) Band V is an expert technical track covering GS-12, step 1,
through GS-13, step 10.
c. Technical Specialist (Pay Plan DS): This occupational family
includes such positions as logistics management specialists, equipment
specialists, computer specialists, and telecommunications specialists.
Employees in these positions may or may not require specific course
work or educational degrees. Six bands have been established for this
occupational family:
(1) Band I is a student trainee developmental track covering GS-1,
step 1, through GS-4, step 10.
(2) Band II is a developmental/full performance track covering GS-
5, step 1, through GS-8, step 10.
(3) Band III is a developmental/full performance track covering GS-
9, step 1, through GS-10, step 10.
(4) Band IV is a full performance track covering GS-11, step 1,
through GS-12, step 10.
(5) Band V is a senior specialist track covering GS-12, step 1,
through GS-13, step 10.
(6) Band VI is an expert specialist track covering GS-14, step 1,
through GS-15, step 10.
d. Business Professional and Program Management (Pay Plan DA): This
occupational family includes such positions as program managers,
program acquisition specialists, budget officers, financial managers,
accountants, administrative officers, human resources specialists, and
management analysts. Employees in these positions may or may not
require specific course work or educational degrees. Six bands have
been established for this occupational family:
(1) Band I is a student trainee developmental track covering GS-1,
step 1, through GS-4, step 10.
(2) Band II is a developmental/full performance track covering GS-
5, step 1, through GS-8, step 10.
(3) Band III is a developmental/full performance track covering GS-
9, step 1, through GS-10, step 10.
(4) Band IV is a full performance track covering GS-11, step 1,
through GS-12, step 10.
(5) Band V is a senior specialist track covering GS-12, step 1,
through GS-13, step 10.
(6) Band VI is an expert specialist track covering GS-14, step 1,
through GS-15, step 10.
e. Administrative Support (Pay Plan DG): This occupational family
is composed of positions for which specific course work or an
educational degree is 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
managers, office automation clerks, security technician, safety
technician, library technician and budget/program/computer assistants.
Six bands have been established for this occupational family:
(1) Band I includes entry-level/developmental positions covering
GS-1, step 1, through GS-3, step 10.
(2) Band II \*\ includes developmental and low-range full-
performance positions covering GS-4, step 1, through GS-5, step 10.
(3) Band III \*\ includes mid-range full-performance technicians/
assistants/secretaries covering GS-5, step 1, through GS-6, step 10.
(4) Band IV \*\ includes high-range full-performance technicians/
assistants/secretaries covering GS-6, step 1, through GS-7, step 10.
(5) Band V includes senior technicians/assistants/secretaries
covering GS-8, step 1, through GS-9, step 10.
(6) Band VI includes expert technicians/assistants/secretaries
covering GS-10, step 1, through GS-11, step 10.
\*\ Band III overlaps with band II and IV. These bands replicate a
feature used by the Navy's ``China Lake'' project.
f. The Supervision and Management pay band includes all employees
performing supervisory functions. This pay band is not applicable to
team leaders. To be classified to these pay bands the supervisor must
perform the full range of supervisory duties. To meet the full range of
supervisory duties the supervisor must perform 3 of the first 4, and a
total of 6 or more of the following:
[[Page 8539]]
(1) Plan work and prepare performance plans covering work to be
accomplished by subordinates, set and adjust short-term priorities, and
prepare schedules for completion of work;
(2) Assign work to subordinates based on priorities, selective
consideration of the difficulty and requirements of assignments, and
the capabilities of employees;
(3) Evaluate work performance of subordinates and recommend
official performance ratings;
(4) Give advice, counsel, or instruction to employees on both work
and administrative matters;
(5) Interview candidates for positions in the unit; recommend
appointment, promotion, or reassignment to such positions;
(6) Hear and resolve complaints from employees, referring group
grievances and more serious unresolved complaints to a higher level
supervisor or manager;
(7) Effect minor disciplinary measures, such as warnings and
reprimands, recommending other action in more serious cases;
(8) Identify developmental and training needs of employees,
providing or arranging for needed development and training;
(9) Find ways to improve production or increase the quality of the
work directed; and
(10) Make appropriate distinctions in levels of performance while
equitably applying performance standards.
A sup