---
kind: "section"
citation: "5 C.F.R. § 300.406"
title: "5"
number: "300.406"
heading: "Agency responsibilities."
url: "https://uscodex.org/cfr/5/300.406"
---

# §300.406. Agency responsibilities.

- (a) The purpose of a commercial recruiting firm or nonprofit employment service is to serve as an additional source of applicants. Once recruited, applicants must be evaluated and appointed through regular civil service employment procedures.
  - (1) For a competitive service position, an individual must be appointed in accordance with the terms of applicable competitive service procedures.
  - (2) For an excepted service position, an individual must be appointed in accordance with the terms of the applicable appointing authority and the requirements set out in [part 302](/cfr/5/part302.md) of this chapter.
  - (3) For a Senior Executive Service position filled by career appointment, an individual must be appointed in accordance with the competitive process described in [5 U.S.C. 3393](/usc/5/3393.md).
- (b) In order to use commercial recruiting firms or nonprofit employment services, agencies are required to:
  - (1) Make known that applicants may apply directly to the Government and thus need not apply through the commercial recruiting firm or nonprofit employment service;
  - (2) Give the same consideration to candidates who have applied directly and candidates referred from the commercial recruiting firm or nonprofit employment service; and
  - (3) **Follow all requirements for appointment, including veterans preference, where applicable.**

## Notes

### Source

Source: 53 FR 51222, Dec. 21, 1988, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 552, 2301, 2302, 3301, and 3302; E.O. 10577, 19 FR 7521, 3 CFR 1954-1958 Comp., p. 218, unless otherwise noted. Secs. 300.101 through 300.104 also issued under 5 U.S.C. 7201, 7204, and 7701; E.O. 11478, 34 FR 12985, 3 CFR 1966-1970 Comp., p. 803; E.O. 13087, 63 FR 30097, 3 CFR 1998 Comp., p. 191; and E.O. 13152, 65 FR 26115, 3 CFR 2000 Comp., p. 264. Sec. 300.301 also issued under 5 U.S.C. 3341 and E.O. 13562, 75 FR 82585, 3 CFR 2010 Comp., p. 291. Secs. 300.401 through 300.408 also issued under 5 U.S.C. 1302(c). Secs. 300.501 through 300.507 also issued under 5 U.S.C. 1103(a)(5). Sec. 300.603 also issued under 5 U.S.C. 1104.