Chief, Contract Law Division
The Office of the General Counsel is looking for an energetic, innovative legal officer who will enjoy working in a dynamic and mission driven organization as the Chief, Contract Law Division, for the Office of the Assistant General Counsel for Administration and Transactions.
The Office of the Assistant General Counsel for Administration and Transaction’s (ADTRAX) five divisions provide legal advice to the Department’s senior leadership and bureau program offices regarding transactions with third parties including contracts, interests in real property, grants, cooperative agreements, and interagency agreements and represents the Department in any litigation arising related to those transactions. ADTRAX also provides legal advice on compliance with ethics rules, appropriations law, privacy issues, records management, and operates the Department’s financial disclosure report program and ethics training program.
The Contract Law Division (CLD) provides advice to the Department’s senior leadership and contracting and program officials in all of the Department’s bureaus, excluding the Patent and Trademark Office (PTO), regarding the acquisition of goods and services to support the Department’s mission. CLD’s expertise is government procurement and its attorneys provide guidance at all stages of the contracting process. They also represent the Department in all contract-related litigation. CLD also counsels the Department’s Office of Acquisition Management, which is responsible for establishing Department-wide acquisition policies and procedures. CLD is the legal advisor to the Department’s Suspension and Debarment Official.
- Occasional Travel
- Occasional travel may be required.
To meet the minimum qualification requirements for this position, you must show that you possess all of the mandatory Executive Core Qualifications and Professional/Technical Qualifications listed below, in addition to the educational requirement. These qualifications would typically be acquired through education, senior level experience, and training which reflect progressive development and achievement in leading and managing a comprehensive program in a complex organization. An individual's total experience must demonstrate the ability to perform the duties of the position. Applicants must meet all of the qualification requirements by the closing date of this announcement.
The following are the five ECQs and their fundamental competencies which are the primary selection criteria for SES positions. The ECQs were developed to assess executive experience and potential, not to evaluate technical experience. ECQs measure whether an individual has the broad experience needed to succeed in a variety of SES positions.
EXECUTIVE CORE QUALIFICATIONS (ECQs):
ECQ 1 - LEADING CHANGE: This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment. (Competencies: creativity and innovation, external awareness, flexibility, resilience, strategic thinking, vision)
ECQ 2 - LEADING PEOPLE: This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts. (Competencies: conflict management, leveraging diversity, developing others, team building)
ECQ 3 - RESULTS DRIVEN: This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks. (Competencies: accountability, customer service, decisiveness, entrepreneurship, problem solving, technical credibility)
ECQ 4 - BUSINESS ACUMEN: This core qualification involves the ability to manage human, financial, and information resources strategically. (Competencies: financial management, human capital management, technology management)
ECQ 5 - BUILDING COALITIONS: This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals. (Competencies: partnering, political savvy, influencing/negotiating)
For detailed guidance on ECQs, applicants are strongly encouraged to review the Office of Personnel Management's Guide to Executive Qualifications at https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/ Example ECQ statements are available at http://www.opm.gov/policy-data-oversight/senior-executive-service/reference-materials/guidetosesquals_2012.pdf
PROFESSIONAL TECHNICAL QUALIFICATIONS (PTQs):
PTQ 1 – Executive experience working with senior policy officials to identify and address legal issues involved in developing and implementing high profile programs of interest to Congress and the public.
PTQ 2 – Executive experience in planning, implementing and supervising legal work, providing sound and timely legal counsel on procurement, procurement integrity, and other procurement and non-procurement transactions.
PTQ 3 – Executive experience developing strategy for litigation involving procurement and non-procurement transaction claims and advising senior officials on procurement and non-procurement transactions before the Government Accountability Office and U.S. Civilian Board of Appeals; and litigation in the United States Federal Claims Court, Circuit Courts of Appeal, and U.S. District Courts.
This position and/or series has an educational requirement.
Applicants must be a graduate from a law school accredited by the American Bar Association in possession of a J.D. or LL.B. degree (law degree) and must be an active member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar.
Applicants are required to submit a narrative statement for each Professional/Technical Qualification (PTQ) and each Executive Core Qualification (ECQ) listed. If you are currently serving under a career Senior Executive Service (SES) appointment, are eligible for reinstatement into SES, or have successfully completed a SES Candidate Development Program (CDP) approved by the Office of Personnel Management (OPM) and had your ECQs certified by OPM, then you only need to address each PTQ, and you do not need to submit an ECQ narrative. All other applicants are required to respond to all ECQs and PTQs, addressing each ECQ and PTQ separately. Please give a complete and detailed answer for each qualification. Please keep in mind each ECQ and PTQ are unique qualifications. Therefore, duplicate responses are not sufficient in determining if you meet that specific qualification. Do not enter "Refer to Resume" to explain your answer. Applications directing the reader to search within the application or to "See Resume" are considered incomplete and WILL NOT BE CONSIDERED. Failure to submit a narrative statement or address any of the ECQs and/or PTQs is also considered incomplete and WILL NOT BE CONSIDERED. As a result, you will be rated as "INCOMPLETE".
As Chief of the Contract Law Division, the incumbent will supervise the attorney work of the Contract Law Division as the Office of the General Counsel’s authoritative expert in procurement and non-procurement government transactions. In such capacity, the incumbent will assist the Assistant General Counsel for Administration and Transactions on all matters relating to government transactions and administrative law. Specifically, the incumbent shall:
- Recommend changes in policy and procedure; draft and review final decisions of contracting officers under the Contract Disputes Act; advises on contract claims by the Government, and the demands for relief by contractors, e.g.; ratification actions, equitable adjustments, requests for extraordinary relief and breach of contract claims. Incumbent will also be expected to remain abreast of activities in all assigned functional areas and exercises authority in any matter, which do not constitute a deviation from, or reversal of, policies previously established.
- Prepare, advise, or examine for legal form and legal implications, public and internal orders (including delegations of authority) issued by the Department in connection with its administrative activities and programs which require the approval of the Secretary of Commerce, the Deputy Secretary of Commerce, or the Chief Financial Officer and Assistant Secretary for Administration.
- Prepare, advise, or examine for legal form and legal effect, legal instruments of the Department relating to its internal administrative affairs, grants, contracts, cooperative agreements, leases, licenses, environmental and land use matters, research and development, and other government transactions, entered into by the Department. Provides legal assistance with respect to interpretation of or disputes arising out of such transactions, legal actions to be taken, appeals therefrom, and related court proceedings.
- Review Executive Orders and Proclamations to determine their general legal effect upon administrative programs and activities of the Department and upon internal administration in general or in relation to specific Department operational units and programs.
- Maintain review procedures for all the Department’s procurement contracts and nonprocurement transactions for legal issues prior to award, proposed terminations for default and convenience, and all other proposed final decisions by the Department’s contracting officers, grants officers and other obligating officials for legal sufficiency, including compliance with the Contracts Disputes Act, the Competition in Contracting Act and other laws and regulations as applicable.