Employment in the Excepted Service

Purpose

This Order issues and transmits General Services Administration (GSA) policy and procedures governing employment in the excepted service.  It establishes the framework for GSA appointments in the excepted service.  It authorizes GSA to make appointments in the excepted service and establishes GSA’s plan for filling excepted service positions in accordance with Title 5, United States Code, Section 3320 and the Code of Federal Regulations 5 CFR 302.  

Background

Under 5 CFR 302.301, agencies must establish rules for accepting applications for employment in positions in the excepted service.  Covered positions are those in the Executive Branch of the Federal Government that are not in the competitive service and that are subject to Title 5, United States Code, or subject to a statutory requirement to follow the veterans’ preference provisions of Title 5.  

Scope and Applicability  

1. This Order applies to all appointments to positions in the excepted service under Schedule A, B, C, or D, as identified by the Office of Personnel Management (OPM) in 5 CFR Part 213.  This Order does not apply to positions exempted from the 5 CFR 302 appointment procedures by 5 CFR 302.101(c)(1) – (11).  It does not cover appointments requiring confirmation by or to be made with the advice and consent of the Senate in accordance with 5 CFR 302.101(b).  Where topics are not specifically addressed, the provisions of 5 CFR 302 govern appointments to the excepted service at GSA. See Section 11 for a specific list of covered hiring authorities.
2. The Office of Inspector General (OIG) has independent personnel authority. See Section 6 of the Inspector General Act of 1978, (5 U.S.C. App.3), as amended (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 Inspector General”) and 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 [OIG]” and GSA determinations/delegations do not limit that authority). Similarly, GSA specifically 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) 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.

Cancellation

This directive cancels and supersedes HRM 9302.1A, Employment in the Excepted Service, dated January 5, 2023.

Revisions

1. Amended Section 6 a.(1) to clarify that a “searchable” USAJOBS job announcement is optional when posting job opportunities.
2. Added Section 6 a.(2) to state that a searchable USAJOBS posting or custom job link is required as all resume intake for job postings will be through USAJOBS. 
3. Amended Section 6 g. to clarify that resumes and applications will be accepted according to procedures outlined in Section 6 a.(2).
4. Added clarification to Section 11 b. that 5 CFR 213.3102 (r) appointments may only be used where specific skill sets are required and work assignments do not fall within the scope of regular work performed within GSA. 
5. Amended Appendix C to remove the reference to the GS-0301 series and replaced it with “series vary unless restricted by rule or regulation.”
6. Amended Appendix C to replace specific position titles for 5 CFR 213.3102 (r) appointments with “Titles vary.”