§330.404. Displacement of preference eligibles occupying restricted positions in contracting out situations.
5 C.F.R. § 330.404
An individual agency and OPM both have additional responsibilities when the agency decides, in accordance with the Office of Management and Budget (OMB) Circular A-76, to contract out the work of a preference eligible who holds a restricted position. These additional responsibilities as described in §§ 330.405 and 330.406 are applicable if a preference eligible holds a competitive service position (other than in the Government Printing Office) that is:
A restricted position as designated in 5 U.S.C. 3310 and § 330.401; and
In tenure group I or II, as defined in § 351.501(b)(1) and (2) of this chapter.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 1104, 1302, 3301, 3302, 3304, and 3330; E.O. 10577, 3 CFR, 1954-58 Comp., p. 218; Section 330.103 also issued under 5 U.S.C. 3327; Subpart B also issued under 5 U.S.C. 3315 and 8151; Section 330.401 also issued under 5 U.S.C. 3310; Subparts F and G also issued under Presidential Memorandum on Career Transition Assistance for Federal Employees, September 12, 1995; Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b). § 330.1301 also issued under 5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1). Link to an amendment published at 91 FR 49216, Aug. 3, 2026.
Source
Source: 75 FR 67593, Nov. 3, 2010, unless otherwise noted.