Superior Qualifications and Special Needs Pay Setting Authority

1.  Purpose.

This Order issues and transmits GSA agency policy governing the use of the Superior Qualifications and Special Needs Pay-Setting Authority (SQA) under 5 U.S.C. § 5333 and 5 C.F.R. § 531.212.

2.  Background.

A GSA Administrator memorandum dated April 15, 2012 requires that all requests to use superior qualifications pay setting authority receive the joint approval of both the Chief Human Capital Officer (CHCO) and the Chief Financial Officer (CFO). This directive continues to implement this delegation of authority. In addition, this directive implements a new Office of Personnel Management (OPM) “diversity, equity and inclusion” final rule, dated January 30, 2024 (89 FR 5737 – 5757). This rule prohibits Federal agencies from considering either an applicantʼs salary history, or the salary for competing job offers, during the pay-setting process. In addition, this rule requires the agency to consider the step at which pay has historically been set for employees who had similar qualifications and who have been newly-appointed to positions that are similar to the candidate’s position. This new rule implements the Biden Administration’s Presidential Executive Order 14035 (June 25, 2021), Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce.