Federal Register #2025-OPM-0012

Proposed Rule to Improve Federal Employee Accountability and Supervisor Training

This opportunity concerns a proposed regulatory change, not a procurement action. - Government Buyer: - Office of Personnel Management (OPM) - Merit Systems Protection Board (MSPB) - No Original Equipment Manufacturers (OEMs) or commercial vendors are involved, as this is not a product or service acquisition. - No products, part numbers, or purchase quantities are requested. - Services/Requirements: - Enhanced annual training for supervisors, managers, and executives on workforce management, employee performance, and accountability - Training includes new topics such as handling unacceptable performance and workplace harassment - Notable Regulatory Requirements: - Limits performance improvement periods to 30 days - Prohibits mandatory progressive discipline before adverse actions - Bans settlement agreements that erase records of poor performance or misconduct - Replaces the 12 Douglas factors with a 'totality of circumstances' standard for penalty review - Aims to streamline and expedite actions addressing poor performance and misconduct

Description

The Office of Personnel Management (OPM) and Merit Systems Protection Board (MSPB) are issuing proposed regulations to improve employee accountability by streamlining administrative procedures for performance-based reduction in grade, removal actions, non-disciplinary separations, and adverse actions. The rule also refocuses MSPB's penalty review on a totality of circumstances test and restricts settlement agreements that remove official documentation of misconduct. Additionally, the proposal includes enhanced training requirements for supervisors to better manage workforce performance and accountability. Comments on the proposed rule are due by August 3, 2026.

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