(a) Applicability. The policy stated in this subsection applies to Department of State use of commercial recruiting firms and nonprofit employment services to locate candidates for Federal civil service positions in accordance with 5 CFR Part 300, Subpart D, Use of Commercial Recruiting Firms and Nonprofit Employment Services.
(b) Policy. It is the Department's policy to contract with commercial recruiting firms and/or nonprofit employment services in recruiting for DOS civil service vacancies when such recruiting services are not otherwise available. This policy covers civil service positions in the competitive service; positions in the excepted service under Schedules A, B, and C, or filled by noncareer executive assignment; and, positions in the Senior Executive Service. Contracting with commercial recruiting firms and/or nonprofit employment services shall conform to 5 CFR Part 300, Subpart D; the Federal Personnel Manual; the FAR; and the DOSAR. All such services shall be acquired through the Office of Acquisition, upon certification of need by the Bureau of Human Resources.
(c) Responsibility. (1) The Executive Office for the Bureau of Human Resources is responsible for coordinating clearance and/or approval of a certification of need for acquisition of recruitment services through the Bureau of Human Resources, ensuring compliance with 5 CFR 300.403 and 300.406, and providing the contracting officer with the approved certification. The Executive Office for the Bureau of Human Resources is authorized to generate a blanket waiver of certification of need when appropriate.
(2) The contracting officer is responsible for ensuring that the acquisition complies with applicable acquisition regulations, particularly the requirement to use competitive procedures, 5 CFR 300.405, and the exclusions described in paragraph (d) of this subsection. The contracting officer's representative (COR) may be delegated responsibility for compliance with 5 CFR 300.407.
(d) Exclusions. (1) As prescribed in 5 CFR 300.401, the Department is prohibited from using a nonprofit employment service sponsored by a partisan political organization.
(2) As prescribed in 5 CFR 300.404, the Department is prohibited from using commercial recruiting firms and nonprofit employment services that charge fees to individuals referred to Federal positions. This prohibition does not apply to registration fees paid by individuals to nonprofit organizations when the registration fee is imposed regardless of whether the registrant is referred for employment or replaced.
