[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR337.204]

[Page 231]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 337_EXAMINING SYSTEM--Table of Contents
 
                     Subpart B_Direct-Hire Authority
 
Sec. 337.204  Severe shortage of candidates.

    (a) OPM will determine when a severe shortage of candidates exists 
for particular occupations, grades (or equivalent), and/or geographic 
locations. OPM may decide independently that such a shortage exists, or 
may make this decision in response to a written request from an agency.
    (b) An agency when requesting direct-hire authority under this 
section, or OPM when deciding independently, must identify the position 
or positions that are difficult to fill and must provide supporting 
evidence that demonstrates the existence of a severe shortage of 
candidates with respect to the position(s). The evidence should include, 
as applicable, information about:
    (1) The results of workforce planning and analysis;
    (2) Employment trends including the local or national labor market;
    (3) The existence of nationwide or geographic skills shortages;
    (4) Agency efforts, including recruitment initiatives, use of other 
appointing authorities (e.g., schedule A, schedule B) and flexibilities, 
training and development programs tailored to the position(s), and an 
explanation of why these recruitment and training efforts have not been 
sufficient;
    (5) The availability and quality of candidates;
    (6) The desirability of the geographic location of the position(s);
    (7) The desirability of the duties and/or work environment 
associated with the position(s); and
    (8) Other pertinent information such as selective placement factors 
or other special requirements of the position, as well as agency use of 
hiring flexibilities such as recruitment or retention allowances or 
special salary rates.
    (c) A department or agency head (other than the Secretary of 
Defense) may determine, pursuant to section 1413 of Public Law 108-136, 
that a shortage of highly qualified candidates exists for certain 
Federal acquisition positions (covered under section 433(g)(1)(A) of 
title 41, United States Code). To make such a determination, the 
deciding agency official must use the supporting evidence prescribed in 
5 CFR 337.204(b)(1)-(8) and must maintain a file of the supporting 
evidence for documentation and reporting purposes.

[69 FR 33275, June 15, 2004, as amended at 70 FR 44847, Aug. 4, 2005]