Duties

Summary

About the Position: This is a permanent position with Headquarters, the U.S. Army Corps of Engineers, Office of Chief Counsel. The location is at the Government Accountability Office (GAO) Building, 441 G. Street, NW, Washington, District of Columbia.

Management may select at any of the grade levels announced. This recruitment provides promotion opportunity to the target grade of the position without further competition when selectee is eligible and recommended by management.
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Responsibilities

• Serves a Assistant Counsel for Litigation on matters involving the Civil Service Reform Act, the Civil Rights Acts, or the Age Discrimination in Employment Act, the Rehabilitation Act.
• Serve as Assistant Counsel for Litigation on lawsuits involving the Corps of Engineers' regulatory program and the Corps' civil works/water resources projects and activities.
• Work under the direction and supervision of the Assistant Chief Counsel for Litigation and Administrative Disputes.
• Supervise field offices in handling controversial cases and assigned claims functions.
• Work closely with the Department of Justice on all phases of the litigation, including extensive legal research, trial preparation, and drafting briefs setting forth the Corps' position for the court.
• Conduct legal research and prepares legal memoranda in final form on a variety of complex legal questions and issues arising in the course of litigation.
• Prepare memoranda and reports outlining and analyzing the facts and legal issues, explaining the application of legal principles and precedents, making and justifying appropriate recommendations and conclusions.

Travel Required

25% or less - You may be expected to travel for this position.

Supervisory status
No

Promotion Potential
15

Requirements

Conditions of Employment

• Appointment may be subject to a suitability or fitness determination, as determined by a completed background investigation.
• This position requires you to submit a Public Financial Disclosure Report (OGE 278) or a Confidential Financial Disclosure Report (OGE450) upon entry, and annually thereafter.

Qualifications

Who May Apply: US Citizens

Serves as an Assistant Counsel for Litigation where they will help develop litigating positions, views on whether adverse decisions should be appealed, and otherwise help manage the Corps litigation docket including assisting with electronic discovery oversight. Work typically involves responsibility for detailed knowledge of and oversight for several functional legal areas of the law as they relate to litigation (e.g. civil litigation procedure, Clean Water Act, National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, Federal Tort Claims Act, Comprehensive Civil Service Reform Act, the Civil Rights Acts, Age Discrimination in Employment Act, the Rehabilitation Act, Fifth Amendment "takings" law, and Corps of Engineers civil works/water resources authorities). The scope of the work ranges from responsibility for individual cases to management of subject matter areas and development of policy and guidance, and the work requires extensive coordination with other attorneys and technical experts within the Corps of Engineers Legal Services Community of Practice, the Department of Justice, the Department of the Army and Department of Defense legal communities, and with legal staff at other federal agencies. The work will involve independently recognizing and resolving legal issues, advising headquarters program clients, including senior military and civilian officials, and Corps subordinate command legal offices regarding a wide range of legal issues that may impact Corps national program execution.

The minimum qualification requirements must be met before applicants are eligible for further consideration:

Bar membership: Applicant must currently be a member in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.

Experience: For GS-14 and GS-15 or equivalent - Applicant must have three or more years of professional legal experience, acquired after being admitted to the bar, commensurate with the duties and responsibilities of the position. Graduation from an ABA-Accredited Law School in the top 25% of the class or an advanced law degree such as an LLM may substitute for one year of the required professional legal experience.

**** ALL APPLICANTS MUST SUBMIT THE FOLLOWING DOCUMENTS BY04/21/2021****
1) A resume with vacancy announcement number annotated.
2) Law school transcripts and an official statement of relative class standing. Unofficial copies are acceptable when applying and official copies must be provided if selected. This does not apply to current U.S. Army Corps of Engineers Attorneys.
3) A writing sample which shall not exceed 10 pages including cover sheets, tables of contents, etc.
4) Federal employees/reinstatement eligible must submit a copy of their latest SF 50 and most recent performance evaluation; and applicants currently serving in the military must submit a copy of their most recent OER and/or DD 214.

**** APPLICANTS SELECTED FOR AN INTERVIEW MUST SUBMIT THE FOLLOWING DOCUMENTS ****
1) Three recent letters of recommendation, dated within 6 months of the opening date of this announcement, from attorneys-at-law, are required to be submitted if you are called to be interviewed. One of these letters should be from a current supervisor if possible. Legible copies of dated and signed letters of recommendation are acceptable. This does not apply to current U.S. Army Corps of Engineers attorneys.
2) Official certificate showing that the applicant is a member in good standing of the bar and a sworn notarized statement by the candidate that his or her fitness to practice law or conduct as an attorney has never been challenged in any jurisdiction or; if either has been challenged, a sworn and notarized statement giving the facts and circumstances, and any other explanation that the applicant considers appropriate. As an alternative to a sworn and notarized statement, a statement with declaration under penalty of perjury may be submitted in the following format: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct ... executed on (date)(signature of applicant)." The official certificate and statement of fitness must be dated within three months of the date the application is submitted. The certificate and statement are required to be submitted by all applicants including attorneys currently appointed to positions under the qualifying authority of the Judge Advocate General of the Army. This does not apply to current U.S. Army Corps of Engineers attorneys.

NOTE: ALSO ALL APPLICANTS SHOULD ADDRESS THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES, IN NARRATIVE FORM:

1. General Litigation Knowledge:

• Knowledge of Federal laws, regulations, policies and procedures relating to civil litigation in the federal courts and to the U.S. Army Corps of Engineers programs, including the Federal Rules of Civil Procedure, the Clean Water Act, National Environmental Policy Act, Endangered Species Act, Federal Tort Claims Act, Comprehensive Environmental Response, Compensation, and Liability Act, and Corps of Engineers civil works/water resources authorities as well as the legal issues associated with such activities.
• Broad and thorough knowledge of the general legal principles and substantive rules established by statutes and judicial decisions of the Federal Courts and administrative agencies; mature understanding of their practical application, administration, and means of enforcement or adjudication to develop sound legal decisions and make recommendations in which little or no legal precedent has been established.

2. Technical Legal Knowledge and Skill.

• Broad and thorough knowledge of the general legal principles and substantive rules established by statutes and judicial decisions of the Federal Courts and administrative agencies as they pertain to the electronic discovery (e-discovery) of records for litigation and the compilation of Administrative Record.
• Extensive experience conducting e-discovery or overseeing e-discovery in large complex organizations or similar experience in compiling Administrative Records for use in litigation.

3. Other indicia of knowledge, skills, and abilities:

• Demonstrated ability to represent the Corps of Engineers position to high level military and civil officials within the Corps, the Department of Justice, Department of the Army, Department of Defense, Federal officials from other agencies and others; manage priorities and organize and apply resources efficiently, and effectively handle a highly diverse and heavy workload and balance competing interests, while working in a fast-paced professional environment.
• Ability to develop and utilize innovative approaches in solving problems and issues.
• Ability to form and maintain cooperative working relationships.

TIME IN GRADE REQUIREMENTS: If currently employed as an attorney by the Federal Government you must have completed 1 year at the next lower level within 30 days of the closing date of the announcement, or previously served at the same or higher grade as the position being filled.

Education

For this job, you may qualify if your education meets the definitions below:

An applicant must have successfully completed a full course of study in a school of law accredited by the American Bar Association (ABA) and have the first professional law degree (LLB or JD).

Official law school transcripts must be submitted prior to accepting the position. These transcripts must show successful completion of a full 3-year course of study in an school of law accredited by the American Bar Association (ABA) leading to a professional law degree ( LLB or JD) that included a major field of study or specific course requirements.

Only degrees from an accredited college or university recognized by the Department of Education are acceptable to meet positive education requirements or to substitute education for experience. For additional information, please go to the Office of Personnel Management (OPM) and U.S. Department of Education websites at - http://www.opm.gov/qualifications and http://www.ed.gov//admins/finaid/accred/index.html .

Foreign education must be evaluated for U.S. equivalency in order to be considered for this position. Please include this information in your resume.

NOTICE OF VETERANS' PREFERENCE: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Defense considers veterans' preference eligibility a positive factor for attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., DD Form 214, "Certificate of Release or Discharge from Active Duty") to their submissions. Although the point-preference system is not used, applicants eligible to claim a 10-point preference must submit a Standard Form (SF) 15, "Application for 10-Point Veteran Preference," and supporting documentation required for the specific type of preference claimed. (SF 15, which lists the types of 10-point preference and the required supporting documents, is available from the Office of Personnel Management Website at www.opm.gov .)

Additional information

• Male applicants born after December 31, 1959, must complete a Pre-Employment Certification Statement for Selective Service Registration.
• You will be required to provide proof of U.S. Citizenship.
• Two year trial/probationary period may be required.
• Direct Deposit of Pay is required.
• This position requires you to submit a Confidential Financial Disclosure Report (OGE450) upon entry, and annually thereafter.
• Selection is subject to restrictions resulting from Department of Defense referral system for displaced employees.
• If you have retired from federal service and you are interested in employment as a reemployed annuitant, see the information in the Reemployed Annuitant information sheet.
• This is a Career Program (CP) 56 - Legal position.
• You may claim military spouse preference (MSP).
• Multiple positions may be filled from this announcement.
• Salary includes applicable locality pay or Local Market Supplement.
• Interagency Career Transition Assistance Program (ICTAP). If you are a Federal employee in the competitive service and your agency has notified you in writing that you are a displaced employee eligible for ICTAP consideration, you may receive selection priority for this position. To receive selection priority, you must: (1) meet ICTAP eligibility criteria (2) be rated well-qualified for the position and; (3) submit the appropriate documentation to support your ICTAP eligibility. To be considered well-qualified and receive selection priority applicants must satisfy all qualification requirements for the position and receive a score of 90 or above. Additional information about the program is on OPM's Career Transition Resources website .
• When you perform a Civilian Permanent Change of Station (PCS) with the government, the Internal Revenue Service (IRS) considers the majority of your entitlements to be taxable. Visit https://www.dfas.mil/civilianemployees/civrelo/Civilian-Moving-Expenses-Tax-Deduction/ for more information.
• If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application .
• Permanent Change of Station (PCS) allowances may be authorized, subject to the provisions of the Joint Travel Regulations and an agency determination that a PCS move is in the Government Interest.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Once the announcement has closed, a review of your application package (resume, supporting documents, and responses to the questionnaire) will be used to determine whether you meet the qualification requirements listed on this announcement. If you are minimally qualified, your résumé and supporting documentation will be compared against your responses to the assessment questionnaire to determine your level of experience. If, after reviewing your résumé and/or supporting documentation, a determination is made that you have inflated your qualifications and/or experience, you may lose consideration for this position. Please follow all instructions carefully when applying, errors or omissions may affect your eligibility.

You should list any relevant performance appraisals and incentive awards in your resume as that information may be taken into consideration during the selection process. If selected, you may be required to provide supporting documentation.

Basis for Rating: Qualified candidates will be assigned to one of three quality categories: Best Qualified, Highly Qualified and Qualified. Veteran preference eligibles are listed ahead of non-preference eligibles within each quality category.

• Best Qualified. Candidates in this category possess exceptional skills and experience to exceed well above the minimum requirements for the announced position.
• Highly Qualified. Candidates in this category possess good skills and experience above the minimum requirements for the announced position.
• Qualified. Candidates in this category meet the minimum experience requirements for the announced position.

Background checks and security clearance

Security clearance
Not Required

Drug test required
No

Position sensitivity and risk
Non-sensitive (NS)/Low Risk

Trust determination process
Suitability/Fitness

Required Documents

The documents you are required to submit vary based on whether or not you are eligible for preference in federal employment. A complete description of preference categories and the associated required documents is in the Applicant Checklist (External) .

As described above, your complete application includes your resume, your responses to the online questionnaire, and documents which prove your eligibility to apply. If you fail to provide these documents, you will be marked as having an incomplete application package and you will not be considered any further.

1. Your resume:

• Your resume may be submitted in any format and must support the specialized experience described in this announcement.
• If your resume includes a photograph or other inappropriate material or content, it will not be used to make eligibility and qualification determinations and you may not be considered for this vacancy.
• For qualifications determinations your resume must contain hours worked per week and the dates of employment (i.e., HRS per week and month/year to month/year or month/year to present). If your resume does not contain this information, your application may be marked as incomplete and you may not receive consideration for this position.
• For additional information see: What to include in your resume .

2. Other supporting documents:

• Cover Letter, optional
• Law school transcripts and an official statement of relative class standing. Unofficial copies are acceptable when applying and official copies must be provided if selected. This does not apply to current U.S. Army Corps of Engineers Attorneys.
• A writing sample which shall not exceed 10 pages including cover sheets, tables of contents, etc.
• Most recent Performance Appraisal, if applicable
• If selected for an interview, three recent letters of recommendation, dated within 6 months of the opening date of this announcement, from attorneys-at-law, are required to be submitted if you are called to be interviewed. One of these letters should be from a current supervisor if possible. Legible copies of dated and signed letters of recommendation are acceptable. This does not apply to current U.S. Army Corps of Engineers attorneys.
• If selected for an interview, official certificate showing that the applicant is a member in good standing of the bar and a sworn notarized statement by the candidate that his or her fitness to practice law or conduct as an attorney has never been challenged in any jurisdiction or; if either has been challenged, a sworn and notarized statement giving the facts and circumstances, and any other explanation that the applicant considers appropriate. As an alternative to a sworn and notarized statement, a statement with declaration under penalty of perjury may be submitted in the following format: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct ... executed on (date)(signature of applicant)." The official certificate and statement of fitness must be dated within three months of the date the application is submitted. The certificate and statement are required to be submitted by all applicants including attorneys currently appointed to positions under the qualifying authority of the Judge Advocate General of the Army. This does not apply to current U.S. Army Corps of Engineers attorneys.
• This position requires a job-related license or certification. You MUST submit a copy of your license or certification with your application package or you will be rated ineligible. See: Transcripts and Licenses

NOTE: Documents submitted as part of the application package, to include supplemental documents, may be shared beyond the Human Resources Office. Some supplemental documents such as military orders and marriage certificates may contain personal information for someone other than you. You may sanitize these documents to remove another person's personal information before you submit your application. You may be asked to provide an un-sanitized version of the documents if you are selected to confirm your eligibility.

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.