DoD Cyber Excepted Service (CES)
Bulletin #002-21
June 2021
Direct-to-Public and
On the Spot Hiring
References:
a. U.S. Code, Title 10, 1599f, United States Cyber Command Recruitment and Retention
b. DoDI 1400.25, Volume 3001, “DoD Civilian Personnel Management System: Cyber Excepted Service
Introduction”
c. DoD Instruction 1400.25 Vol. 3005, “DoD Civilian Personnel Management System: Cyber Excepted Service (CES)
Employment and Placement,”
d. DoDI 1400.25, Cyber Excepted Service Volume 3006, “DoD Civilian Personnel Management System: Cyber
Excepted Service Compensation Administration”
e. DoDI 1400.25, Cyber Excepted Service Volume 3007, “DoD Civilian Personnel Management System: Cyber
Excepted Service Occupational Structure”
CES Direct-to-Public and On the Spot Hiring:
•
The Cyber Excepted Service (CES) Personnel System under Title 10 U.S.C. provides the authority to hire
from any source, to include direct-to-public and on the spot, thereby enabling the ability to identify highly
qualified candidates and hire without competition. CES is not subject to the provision of Title 5 U.S.C.; CES
positions do not require the same strict competitive hiring procedures and enable Components to hiring using
processes or authorities that result in expedited or streamlined hiring. The following guidance highlights the
ability to appoint an individual directly without having to go through the standard recruitment process when
it is known that using that process
is not likely to result in qualified candidates
.
•
Pursuant to references above, positions are staffed based on merit, fitness, and qualifications without
regard to political, religious, or labor organization affiliation or non-affiliation, marital status, race, color, sex,
national origin, non-disqualifying physical handicap or age, and shall be based solely on job-related
criteria.
Flexibility in Sources:
•
CES recruitment and placement is intended to provide maximum flexibility within statutory and regulatory
guidelines to recruit high quality, diverse candidates from both internal (Federal) and external (non-
Federal) sources. In issuing internal CES guidance, OSD and DoD Component Heads shall allow for
varying areas of consideration depending on the nature and level of the positions to be filled. Recruitment
and placement procedures may include any combination of internal and external recruitment sources,
allowing concurrent consideration of all sources identified. Procedures shall provide for management's
right to select from any appropriate source. Joint Department of Defense and/or Cyber Community-wide
recruiting efforts, where appropriate, are encouraged.
An Enterprise approach for managing the DoD cyber workforce…
Authority to Offer a Position on the Spot
:
•
Direct-to-Public and On-the-Spot hiring authority can be used in CES when recruitment history has
shown that qualified candidates are scarce or when there are unique skills required, and it's known
the positions will be hard to fill or for college recruitment efforts, for emergency hires, and for other
similar situations.
•
The direct-to-public and on-the-spot authorities authorized by Title 10 enable the identification of a highly
qualified candidates and hiring without competition. DoD Components are not required to use the public
examining processes for external candidates that overseen by the Office of Personnel Management (also
known as delegated examining (DE)).
•
Great care must be exercised to ensure this type of direct appointment hiring is not abused and it should
not be used to avoid a competitive process if there are clearly other well-qualified candidates available.
Hiring Officials should always work with their servicing Human Resources Office in advance to obtain
agreement on the proper use of CES Direct Appointment authorities.
Component Merit Promotion Plans should
outline application of and document internal processes for this type of hiring and address Veterans' Preference,
to include application outside of a formal job announcement. Outlining and documenting the DoD Component's
Merit Promotion Plans ensures CES Title 10 authorities to hire from any source are not abused and are not used
to bypass the competitive process if there are clearly other well-qualified candidates available.
Veterans’ Preference.
• If on the spot hiring is used, Veterans’ Preference does not apply as there is only one candidate involved. If
more than one candidate is readily available, the hiring officials and servicing Human Resources Office should
open the position up to competition, apply Veterans’ Preference and thereby avoid any claim of disparate
treatment.
• Examples of Veterans' Preference Application. A few examples of how Veterans' Preference can be
applied/noted when gathering applications through sources like job fairs or employee referrals. Examples (not all
inclusive):
• Job Fairs. DoD Components may assess potential candidates at the end of the job fair to ensure they
have identified any external candidate entitled to Veterans' Preference. At the end of the job fair,
Components may contact the selectee and extend the tentative job offer to the candidate that is
substantially more qualified for the position. Under the Title 10 U.S.C., CES personnel system
authorities to hire from any source and filling positions with external applicants, preference-eligible
veterans will be granted preference in selection over non-preference-eligible candidates with
substantially equal qualifications. Therefore, an assessment between or among the candidates must
be completed.
• Component Authorized Websites. Interested candidates may prepare and submit their applications for
employment online via the DoD Component's authorized website. If a manager identifies a potentially
qualified candidate, the candidate may be invited to a hiring event for an interview.
•
Hiring Events. DoD Components may host Invitation-only hiring events.
.
An Enterprise approach for managing the DoD cyber workforce…
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