Employment in the Excepted Service

GENERAL SERVICES ADMINISTRATION
               Washington, DC 20405 

 HRM 9302.1A 
January 5, 2023
 

GSA ORDER

SUBJECT:  Employment in the Excepted Service

1.  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.  

2.  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.  

3.  Scope and Applicability.  

     a.  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.

     b.  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.

     c.  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.

4.  Cancellation. This directive cancels and supersedes HRM 9302.1 CHGE 1, Employment in the Excepted Service, dated September 29, 2021.