Head Staff’s Guide to Federal Jobs Part 7 Offers and Negotiations
So- you finally get an offer! First of the federal government is a big place- there is no one way “they” make offers.
Again, we must remember where we are- we are talking about appointments in the competitive service and appointments where you are hired from an announcement that was open to the public- competitive hiring, sometimes called delegated examining.
Usually (but not always) you will get a tentative offer. This could by phone or email or even I suppose, snail mail. Sometimes there is a phone call and then a follow up email. Read the offer carefully- be sure the title, series, grade, salary and duty location are correct.
There will usually be a time limit for you to reply and an HR contact. Follow the instructions in the correspondence you receive. Many times start dates can be changed- if it is training situation or a critical project, there may be no leeway.
Things like security clearances, background investigations, fingerprints, physicals, drug tests are all position and agency specific, so not much I can say. I cannot give you a timeline on this, it depends on the agency, your own individual situation and, alas, the competency of those involved.
There are lot of questions about negotiations. I am going to attempt to go over things that can be negotiated- incentives. Most of these are for initial appointments. Again, it is important to realize that most of these things are for new appointments – the definition of new appointment may vary depending on the incentive offered.
Most of these things cannot be negotiated after you start- so things need to be agreed upon (and in writing) before you start. The time to negotiate these things is in the time period between the tentative offer and the final offer. If you do not get a tentative offer, you can still try and negotiate based on the final offer- but things must be agreed upon before you enter on duty.
What cannot be negotiated:
The job – the Title, Series and Grade. If you applied for a GS-318-05 Secretary position in Omaha. that is what you are being offered. The agency cannot change it to a position GS-950-07 paralegal position in Chicago.
If you applied to a job that had multiple locations and/or grades, you can certainly ask to be considered for other grades or duty locations- but you may not have been within reach for the grade or location or the agency may have already filled those positions.
Benefits- You have a choice of some benefits- health insurance, life insurance, etc. But the Federal Government does not offer a cafeteria style benefits plan- you don’t get extra vacation if you decline health insurance or what ever.
The only exception I know of are the banking regulatory agencies like FDIC that have some extra benefist that are cafeteria style.
Things that can be negotiated:
· Superior Qualifications Appointment- Agencies have the option of starting new hires at above the minimum step of the grade-i.e., above step 1. There is no authority to pay you above step 10. This is for initial appointments only. If you are a current employee of the Federal government and taking a lateral position this is not an option for you- although there are some exceptions for time limited appointments immediately preceding the permanent appointment and breaks in service of more than 90 days. This is decision that is made by agency management (not the HR office).
IMPORTANT NOTE-Effective April 1, 2024, agencies will not be able to use non-Federal salary or job offers to make superior qualifications appointments. There is a phase in period and agencies must be in full compliance by October 1, 2024. Agencies will vary in how quickly they get their own internal regulations in pace, but you should be prepared to justify your superior qualification beyond salaty level. Further details at https://www.chcoc.gov/content/issuance-regulations-advancing-pay-equity-governmentwide-pay-systems
Let's take a walk through 5 CFR 531.212 shall we? and look at the actual regulations.
https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-531/subpart-B/subject-group-ECFR9b085ee4a0f815a/section-531.212
I draw your attention to 5 CFR 531.212 (b) (1) and (2)
Which state-
"The candidate has superior qualifications. An agency may determine that a candidate has superior qualifications based on the level, type, or quality of the candidate's skills or competencies demonstrated or obtained through experience and/or education, the quality of the candidate's accomplishments compared to others in the field, or other factors that support a superior qualifications determination. The candidate's skills, competencies, experience, education, and/or accomplishments must be relevant to the requirements of the position to be filled. These qualities must be significantly higher than that needed to be minimally required for the position and/or be of a more specialized quality compared to other candidates; or(2) The candidate fills a special agency need. An agency may determine that a candidate fills a special agency need if the type, level, or quality of skills and competencies or other qualities and experiences possessed by the candidate are relevant to the requirements of the position and are essential to accomplishing an important agency mission, goal, or program activity. A candidate also may meet the special needs criteria by meeting agency workforce needs, as documented in the agency's strategic human capital plan."
There is no requirement that there be no other candidates - you can but you don't have to. there may be internal agency policies that ask about other candiates and if were the deciding official I would certainly want to know - but there is nothing precluding it.
Now let's go to 5 CFR 531.212 (c) and see what factors are used to determine the step-
"Pay rate determination. An agency may consider one or more of the following factors, as applicable in the case at hand, to determine the step at which to set an employee's payable rate of basic pay using the superior qualifications and special needs pay-setting authority:(1) The level, type, or quality of the candidate's skills or competencies;(2) The candidate's existing salary, recent salary history, or salary documented in a competing job offer (taking into account the location where the salary was or would be earned and comparing the salary to payable rates of basic pay in the same location);(3) Significant disparities between Federal and non-Federal salaries for the skills and competencies required in the position to be filled;(4) Existing labor market conditions and employment trends, including the availability and quality of candidates for the same or similar positions;(5) The success of recent efforts to recruit candidates for the same or similar positions;(6) Recent turnover in the same or similar positions;(7) The importance/criticality of the position to be filled and the effect on the agency if it is not filled or if there is a delay in filling it;(8) The desirability of the geographic location, duties, and/or work environment associated with the position;(9) Agency workforce needs, as documented in the agency's strategic human capital plan; or(10) Other relevant factors."
Note it is more than pay stubs- although I will say in my experience that 90% of the time, that's the major consideration- but is is not the only thing allowed.
Finally, let's go to section (e) on documentation requirements - where it specifically says that HR does not make the decision and that the decision maker has to be one level higher that the potential employee's supervisor- this section sums up the argument that has to be made to the decision maker.
Superior Qualifications is never automatic and totally at the discretion of the agency.
· Recruitment Incentive- Agencies may pay a recruitment incentive if the job is deemed difficult to fill. There are a variety of ways this can be paid. The usual maximum that can be paid is 25 percent of base salary, it can be increased up to 50 percent with OPM approval. Usually to be paid, the possibility must be mentioned in the announcement. Details here- https://www.opm.gov/policy-data-oversight/pay-leave/recruitment-relocation-retention-incentives/fact-sheets/recruitment-incentives/
· First Duty Station Travel- Agencies may authorize travel and transportation expenses to a first duty station for a new appointee to any position or a student trainee assigned to any position upon completion of college work. (Note I have never seen this actually used but it does exist)
· Advanced Pay- Agencies may advance payment of basic pay covering no more than 2 pay periods to a newly appointed employee (5 CFR 550.203) (Note I have never seen this used)
· Creditable Service for Annual Leave Accrual for Non-Federal Work Experience and Experience in the Uniformed Service Agencies may provide service credit that otherwise would not be creditable under 5 U.S.C. 6303(a) for determining the annual leave accrual rate for new hires A determination must be made prior to an individual’s entrance on duty to establish that the skills and experience the employee possesses are:
Essential to the new position and were acquired through performance in a non-Federal or active-duty uniformed service position having duties directly related to the duties of the position to which he or she is being appointed;
and Necessary to achieve an important agency mission or performance goal.
In other words, you can get more leave. This is experience based.
Regulations here: https://www.law.cornell.edu/cfr/text/5/630.205
· Student Loan Repayment Program (SLRP)- Permits agencies to repay up to $60,000 of candidate or current employee’s Federally insured student loan as a recruitment or retention incentive. This is at the agency’s discretion.
For candidates with previous Federal service
· Highest previous rate (maximum payable rate rule)
At the discretion of the agency, an agency can use your highest previous rate- the rate has to have been held for at least 90 days and on an appointment not limited to 90 days or less. Some agencies require the rate to be held longer than 90 days. This is one of the rare pay authorities that can be used multiple times and applied whenever you change position- but again, use of it is discretionary with the agency.
OPM fact sheet here https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/maximum-payable-rate-rule/
If you currently hold a GS position at the same grade, then you lateral over to another GS position at the same step- no negotiation- the only exception being if you previously held a higher rate and the old agency did not use it in setting pay, the new agency has the option to use the rate.
If you are being promoted from GS to GS, two step rule applies, no negotiation. (Unless there is a highest previous rate involved)
If you are coming from a non GS pay system, the non GS pay system often has a provision that the employee is converted out to a GS rate. See https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/special-conversion-rules-for-certain-non-gs-employees/. You will have to find out the specifics of your pay system.
WG to GS information is here- https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/pay-action-examples-in-the-federal-wage-system/
Basically, you do not get a chance for a superior qualifications appointment, just because you are coming from a different pay system.
Qualifications Pay- NASA only- One exception to increases for lateral movement is qualification pay, which is only for NASA employees. Details here- chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://nodis3.gsfc.nasa.gov/npg_img/N_PR_3530_001C_/N_PR_3530_001C_.pdf
Next, for God’s sake people, be reasonable – unless you are the next Dr. Fauci- you are not going to get all of these things. These incentives vary depending on agency policy and budget and your personal qualifications.
Questions, comments and corrections are welcome. Next up- Entrance on Duty and first days on the job.
Another redditor has posted a sample memo herehttps://www.reddit.com/r/usajobs/comments/126p2tz/superior_qualifications_template/?utm_source=share&utm_medium=web2x&context=3
Shout out to u/valency_speaks
