[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.503]

[Page 129-130]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300_EMPLOYMENT (GENERAL)--Table of Contents
 
               Subpart E_Use of Private Sector Temporaries
 
Sec. 300.503  Conditions for using private sector temporaries.

    An agency may enter into a contract or other procurement arrangement 
with a temporary help service firm for the brief or intermittent use of 
the skills of private sector temporaries,

[[Page 130]]

when required, and may call for those services, subject to these 
conditions:
    (a) One of the following short-term situations exists--
    (1) An employee is absent for a temporary period because of a 
personal need including emergency, accident, illness, parental or family 
responsibilities, or mandatory jury service, but not including vacations 
or other circumstances which are not shown to be compelling in the 
judgment of the agency, or
    (2) An agency must carry out work for a temporary period which 
cannot be delayed in the judgment of the agency because of a critical 
need.
    (b) The need cannot be met with current employees or through the 
direct appointment of temporary employees within the time available by 
the date, and for the duration of time, help is needed. At minimum, this 
should include an agency determination that there are no qualified 
candidates on the applicant supply file and on the reemployment priority 
list (both of which must provide preference for veterans), and no 
qualified disabled veterans with a compensable service-connected 
disability of 30 percent or more under 5 U.S.C. 3112, who are 
immediately available for temporary appointment of the duration 
required, and that employees cannot be reassigned or detailed without 
causing undue delay in their regular work. In instances where a need is 
foreseeable, as when approval of employee absence is requested well in 
advance, an agency may have sufficient time to follow the temporary 
appointment recruiting requirements, including veterans' preference 
found in 5 CFR part 316 to determine whether qualified candidates are 
available by the date needed and for the length of service required.
    (c) These services shall not be used:
    (1) In lieu of the regular recruitment and hiring procedures under 
the civil service laws for permanent appointment in the competitive 
civil service, or
    (2) To displace a Federal employee.
    (3) To circumvent controls on employment levels.
    (4) In lieu of appointing a surplus or displaced Federal employee as 
required by 5 CFR part 330, subpart F (Agency Career Transition 
Assistance Plan for Displaced Employees) and subpart G (Interagency 
Career Transition Assistance Plan for Displaced Employees.)

[54 FR 3766, Jan. 25, 1989, as amended at 61 FR 19510, May 2, 1996; 66 
FR 66710, Dec. 27, 2001]