Veteran Pass Over and Objection Requirements and Procedures

Purpose:

The purpose of this order is to establish policy for requesting to pass-over or object to hiring a veteran candidate, as defined in Title 5 United States Code Section 2108, in the competitive and excepted service recruitment process. It also gives limited delegated authority to the Staffing Services Center Director for objection/pass-over requests of non-disabled veterans’ preference eligibles. 

Background:

“Veterans’ preference” was established in the Veterans’ Preference Act of 1944, when Congress enacted laws to protect veterans, who seek Federal civilian employment, from being penalized for time spent in military service. Veterans’ preference recognizes the economic loss suffered by citizens who served their country, restores veterans to a favorable competitive position for Federal employment, and acknowledges the larger obligation for employment owed to disabled veterans. By law, disabled veterans or veterans who served on active duty in the Armed Forces during specified time periods/military campaigns are entitled to preference over non-preference applicants on a competitive referral list.

A hiring official must select from the highest quality category under competitive procedures (job postings open to the public), and Title 5 excepted service positions, and may not bypass a preference eligible to select a non-preference eligible applicant. However, on a rare occasion, the hiring manager may have a proper and adequate reason(s) for passing over, or objecting to, a preference eligible applicant to select a non-preference eligible applicant.

Applicability: 

1. This order applies to all GSA appointing offices and Hiring Officials when using competitive procedures for competitive service (job postings open to the public) and applicable Title 5 excepted service appointments. This order does not apply to direct hire authority covered under 5 Code of Federal Regulation (CFR) 337.202. This order should be used in conjunction with the Office of Personnel Management (OPM) Vet Guide and the OPM Delegated Examining Operations Handbook (DEOH).
    
2. The Office of Inspector General (OIG) has independent hiring and personnel administration authority. See Section 6 of the Inspector General Act of 1978 (5 U.S.C. §6  as amended). (Inspector General is authorized “to select, appoint, and employ, such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General” 5 U.S.C. §6 (C)(7)) and GSA Order ADM 5450.39D CHGE 1, GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1 (“the Inspector General has independent authority to formulate policies and make determinations concerning human capital issues within the [OIG] and GSA determinations/delegations do not limit that authority). Similarly, GSA specifically recognizes that the Inspector General has independent authority to formulate policies and make determinations concerning training, employee development, and career management.
3. This Order applies to the Civilian Board of Contract Appeals (CBCA) only to the extent that the CBCA determines it is consistent with the CBCA’s independent authority under the Contract Disputes Act and it does not conflict with other CBCA policies or the CBCA mission.

Cancellation:

This directive cancels and supersedes HRM 9714, Veteran Pass Over and Objection Requirements and Procedures, dated December 8, 2022.

Summary of Changes:

1. Duty titles were updated to align with the Office of Human Resources Management (OHRM) 2024 reorganization.
2. Minor language, formatting, and informational structure changes.
3. Updated the order in which the request is reviewed, allowing policy a cursory review prior to submission to the Staffing Services Center Director.
4. A second reviewing official, the Section Chief, was added to support OHRM’s new structure, introducing an additional layer of oversight in the review process.
5. Updated responsibilities to delineate the Section Chief and Director of HR Services roles in reviewing and recommending pass-over/objection packages for further consideration, ensuring compliance and structured decision-making.
6. Applicant notification procedures for pass-over/objection packages exclusive to OPM’s approval were updated to clarify when applicants are informed regarding objection/pass-over decisions.
7. The handling of a certificate when an objection is sustained was updated to reflect amending the current certificate.
8. Documentation requirements were added, including an appendix with a standardized template for the request memorandum.