Opportunity
Federal Register #OPM-2025-0173
OPM Final Rule: Centralized Suitability Action Appeals Process
Buyer
Office of Personnel Management
Posted
August 03, 2026
Identifier
OPM-2025-0173
This opportunity concerns a regulatory change by the Office of Personnel Management (OPM) regarding suitability action appeals: - Government Buyer: - Office of Personnel Management (OPM) - No OEMs or commercial vendors are involved, as this is not a procurement action - No products or commercial services are being requested or purchased - Regulatory Action Details: - Revises procedures for appeals of suitability actions under 5 CFR part 731 - Transfers adjudication authority from the Merit Systems Protection Board (MSPB) to OPM - Applies to applicants, appointees, and employees in the competitive service or career Senior Executive Service (SES) - Establishes procedural safeguards: - Express burdens of proof - Complete agency records - Hearings for material factual disputes - Administrative law judge adjudication for OPM employees - Separation of functions and conflict of interest rules - Ex parte communication protections - Public availability of final merits decisions or de-identified summaries - Excludes judicial review of OPM decisions but preserves independent statutory remedies for discrimination and whistleblower claims - No purchase quantities, part numbers, or unique technical requirements are present
Description
The Office of Personnel Management (OPM) is issuing final regulations to revise how an applicant, appointee, or employee may appeal a suitability action taken under 5 CFR part 731. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The change aims to streamline suitability action appeals procedures, improving the efficiency, rigor, and timeliness by which OPM and agencies resolve challenges to suitability actions and ensure the integrity and efficiency of the service. The final rule includes procedural safeguards such as burdens of proof, separation of functions, adjudicator conflict rules, and public availability of final decisions or summaries. The rule is effective September 2, 2026, and does not apply to appeals filed with MSPB before that date.