Temporary and Term Employment and Appointments

1. Purpose.

This Order establishes the General Services Administration (GSA) policy governing the use of temporary and term appointments to meet employment needs of the agency that are not of a permanent nature.

2.  Background.

The Code of Federal Regulations, 5 CFR §316, Subpart C, Term Employment, and Subpart D, Temporary Limited Employment, provide the framework within which Federal agencies can make Temporary and Term appointments. For example, agencies may make time-limited appointments in order to accomplish project work, to accommodate extraordinary workload, or to continue functions when future funding is not certain. This Order explains the proper use of temporary and term appointments and the procedures to be followed in making such appointments. Term and temporary employees are used to supplement the permanent civil service workforce.

3.  Scope and Applicability.

1. In filling temporary and term vacancies to fill short term positions. 
   1. GSA may make a temporary time-limited appointment to fill a short-term position to meet an employment need that is scheduled to be terminated (i.e., one that is not expected to last for a specified period not to exceed 1 year). The appointment may be extended up to a maximum of 1 additional year (24 months of total service). GSA may not fill a position by temporary appointment if that position has previously been filled by temporary appointment(s) for an aggregate of 2 years, or 24 months, within the preceding 3-year period.
   2. GSA may make a term appointment for a period of more than 1 year but not more than 4 years to positions where the need for an employee’s services is not permanent. GSA may also make a term appointment for certain Science, Technology, Engineering, and Mathematics-related (STEM-related) occupations for a period of more than 1 year but not more than 10 years when the need for work is not permanent. For all term appointments, the first year of service of a term employee is a trial period regardless of the method of appointment. Prior Federal civilian service is credited toward completion of the required trial period in the same manner as prescribed by 5 CFR 315.802, and a term employee may be terminated at any time during the trial period.  
2. The Office of Inspector General (OIG) has independent personnel authority. The Inspector General Act of 1978, as amended, 5 U.S.C. App. 3, § 6(a)(7) (Inspector General is authorized to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of the Inspector General); GSA Order, ADM 5450.39D CHGE 1, GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1 (“the Inspector General has independent authority to formulate policies and make determinations concerning human capital issues within the Office of Inspector General;” determinations in the Delegations Manual do not limit that authority). Similarly, the agency recognizes that the Inspector General has independent authority to formulate policies and make determinations concerning training, employee development, and career management.
3. This Order applies to the Civilian Board of Contract Appeals (CBCA) only to the extent that the CBCA determines it is consistent with the CBCA’s independent authority under the Contract Disputes Act and it does not conflict with other CBCA policies or the CBCA mission. 

4. Cancellation.

This directive cancels and supersedes HRM 9316.1 CHGE 1, Temporary and Term Employment and Appointments, dated March 15, 2021.

5. Explanation of Changes.  

1. Amended section 3(a)(2) to reference the 10-year STEM-related appointing authority.  
2. Added section 4(a)(3) which describes the 10-year STEM-related appointment authority.
3. Added section 4(a)(6), Categories of Term Appointments. 
4. Amended section 4(a)(7) to add “Prior Federal civilian service is credited toward completion of the required trial period in the same manner as prescribed by 5 CFR 315.802.”
5. Amended section 4(a)(11) to add “... or the 10-year limit allowed under 5 CFR 316.301(c).”
6. Amended section 4(b)(2) to distinguish vacancy announcement language for 4-year and 10-year STEM-related term appointments.
7. Added information to Appendix A, Term Appointments column, Duration of Appointment section to address the time limits for 10-year STEM-related term appointments.
8. Added information to Appendix A, Term Appointments column, Other Information section to address timeframes for 4-year and 10-year term appointments.
9. Other minor formatting and grammatical changes and edits.