Duties

Summary

This position is located in the Office of the Secretary, Office of the General Counsel, Office of the Chief Counsel for the National Institute of Standards and Technology (OCC/NIST). OCC/NIST provides intellectual property counsel and representation to the Department of Commerce, and legal guidance, representation and management assistance to its 3,000-employee National Institute of Standards and Technology (NIST).

Learn more about this agency

Responsibilities

NIST promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve quality of life. NIST's broad scope and technical expertise are matched by few other laboratories in the world. Its programs are at the scientific forefront nationally and internationally and provide an essential contribution in support of industry, academia, and other government entities. NIST's organizations consist of six research Operating Units (Laboratories), four Innovation and Industry Services Operating Units, and several Management Resources Operating Units.

The Attorney(s) will be hired at the GS-14 or GS-15 grade levels, depending on experience. The promotion potential for this position is GS-15 level.

OCC/NIST's team of General Attorneys nimbly advise on a range of legal issues and cases of moderate to extreme complexity in nature where the factual situation is often complicated and clear precedents are not readily available or apparent. Intellectual property and technology transfer experience are highly desired. Anticipated duties include providing legal advice and support in some or all of the following areas:

• Implementation of the Bayh-Dole Act, which deals with inventions arising from federally-funded research. Duties will include interpretation and periodic update of the Bayh-Dole Act implementing regulations at 37 CFR Part 401.
• Determination of rights in inventions made by federal employees, and advising the Undersecretary for Commerce in deciding appeals of determinations of rights in inventions made by federal employees under 37 CFR Part 501.
• Implementation of the Stevenson-Wydler Technology Innovation Act, including development and review of Cooperative Research and Development Agreements (CRADAs) under 15 USC 3710a.
• Support for the National Technical Information Service, including development and review of agreements with other federal agencies and agreements made under its joint venture partner authority at 15 USC 3704b.
• Development and implementation of prize competitions under 15 USC 3719.
• Development and review of other types of agreements, including copyright permissions, software terms of service, material transfer agreements, data transfer agreements, Memoranda of Understanding/Agreement, patent licenses, and other technology transfer or research agreements.
• Resolution of issues related to the Federal Policy for the Protection of Human Subjects ("Common Rule"), the Privacy Act, and other statutes, regulations, and Executive Orders related to data and privacy protections.
• Support for NIST's programs related to cybersecurity, privacy, and artificial intelligence.
• Support for NIST programs related to supply chain and advanced manufacturing, particularly the Hollings Manufacturing Extension Partnership Program and Manufacturing USA and working with the Department of Commerce Federal Assistance Law Division on Notices of Funding Opportunities related to these programs.
• Working with and coordinating with other legal offices within the Department of Commerce regarding development and review of agreements with other federal agencies, implementation of the Freedom of Information Act, implementation of the Federal Advisory Committee Act, and Real Property issues related to the National Historic Preservation Act and National Environmental Policy Act.
• Providing information sessions to educate NIST staff about intellectual property protection.
• Providing litigation support to the Department of Justice regarding intellectual property matters pertaining to NIST.

Travel Required

50% or less - Travel may be required within or outside of the local commuting area.

Supervisory status
No

Promotion Potential
15 - If you are selected for a position with further promotion potential, you may be non-competitively promoted if you perform successfully and if recommended by management.

Requirements

Conditions of Employment

• You must be suitable for Federal employment.
• You must be a U.S. citizen.
• You must be registered for Selective Service if applicable (www.sss.gov).
• Required to pass a background investigation and fingerprint check.
• Confidential Financial Disclosure filing is required for this positon.

• A two year trial period may be required.
• Payment of relocation expenses is not authorized.
• SECURITY CLEARANCE: N/A. This position is moderate risk.
• Frequent travel may be required.

Qualifications

Qualification requirements in the vacancy announcements are based on the U.S. Office of Personnel Management (OPM) Qualification Standards Handbook, which contains federal qualification standards. This handbook is available on the Office of Personnel Management's website located at: http://www.opm.gov/qualifications .

You must meet the following requirements by the closing date of the announcement.

A. Basic requirement for all grade levels: You must be a graduate, with an LL.B. or J. D. from a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

B. In addition to the basic requirement applicants must have specialized experience at the next lower grade level or equivalent.

For GS-14, specialized experience (equivalent to the GS-13) includes: three years of relevant legal experience with intellectual property, technology transfer, cybersecurity, privacy, administrative law issues, the Freedom of Information Act, or the Federal Advisory Committee Act.

For GS-15, specialized experience (equivalent to the GS-14) includes: four years of relevant legal experience with intellectual property, technology transfer, cybersecurity, privacy, administrative law issues, the Freedom of Information Act, or the Federal Advisory Committee Act.

The following experience is preferred but not required:

• Prior experience with Intellectual property and technology transfer.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations e.g., professional; philanthropic, religious; spiritual; community, student, social). Volunteer work helps build critical competencies; knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

Education

Applicants must possess a Juris Doctor (J.D.) degree or Master of Laws (L.L.M.) degree from an ABA accredited law school.

Official or unofficial transcripts must be submitted with your application package.

Additional information

This position does not confer non-competitive conversion to the competitive service. Acceptance of an excepted service appointment from applicants in the competitive service will require a written statement of understanding when voluntarily leaving the competitive service.

CTAP and ICTAP candidates will be eligible if it is determined that they have exceeded the minimum qualifications for the position. Information about ICTAP eligibility is on the Office of Personnel Management's Career Transition Resources website at: Employee Guide to Career Transition

CTAP applicants MUST submit the following documents:

1. A copy of your specific RIF notice; notice of proposed removal for failure to relocate; a Certificate of Expected Separation (CES); or certification that you are in a surplus organization or occupation (this could be a position abolishment letter, a notice eligibility for discontinued service retirement, or similar notice).

2. A copy of your SF-50 "Notification of Personnel Action", noting current position, grade level, and duty location;

3. A copy of your latest performance appraisal including your rating; and

4. Any documentation from your agency that shows your current promotion potential.

ICTAP applicants MUST submit the following documents:

1. A copy of your RIF separation notice; notice of proposed removal for failure to relocate; notice of disability annuity termination; certification from your former agency that it cannot place you after your recovery from a compensable injury; or certification from the National Guard Bureau or Military Department that you are eligible for disability retirement;

2. A copy of your SF-50 "Notification of Personnel Action" documenting your RIF separation, noting your positions, grade level, and duty location, and/or Agency certification of inability to place you through RPL, etc;

3. A copy of your latest performance appraisal including your rating; and

4. Any documentation from your agency that shows your current promotion potential.

The physical worksite for this position is located in Gaithersburg, MD. However, the Office of the Secretary is currently under a maximum telework posture due to the COVID-19 pandemic; therefore, this position is currently under a 100 percent telework schedule. The position's telework schedule will likely change in the future when the Office of the Secretary moves away from its maximum telework posture. At that time, the incumbent will be expected to report to the physical work site in accordance with the updated status requirements of their supervisor. The nature and scope of future telework opportunities will be subject to the unit's telework policy, any applicable bargaining unit agreements, and supervisory approval. Payment of relocation expenses, as applicable, will be paid in accordance with this Job Opportunity Announcement. Non-compliance with the supervisor's telework-schedule requirement could result in adverse action, including separation.

How You Will Be Evaluated

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

You will be evaluated for this job based on how well you meet the qualifications stated herein. Applicants will be rated based on their education, experience, demonstrated legal research and writing abilities, and performance during the interview process.

Please be advised that Office of the Secretary, Office of the General Counsel, Attorney positions are in the Excepted Service. As such, these positions are not covered by the usual civil service hiring procedures. There are no numerical rating systems through which to apply veterans preference; however, the Office of the Secretary, Office of the General Counsel favorably considers veterans preference eligibility in hiring. Applicants eligible for veterans preference are encouraged to include that information in their cover letter or resume, and to attach supporting documentation (e.g., the DD Form-214 or other substantiating documents) to their submissions.

If eligible and meeting basic qualifications, your application package will be evaluated in conjunction with your résumé and supporting documents for the below required knowledge, skills, and abilities (KSAs) to successfully perform the duties of this position:

KSA 1 - Demonstrated knowledge of research strategies and techniques sufficient to research legal issues where no clear applicable precedents are available or it is arguable which precedents apply.

KSA 2 - Ability to carry out assignments without preliminary instruction, and independently conduct the investigation or negotiation, plan the approach, and develop the completed decision, report, brief, opinion, contract, or other product.

KSA 3 - Ability to communicate effectively with diverse clients and constituencies on varied and complex topics in writing clearly, concisely and persuasively, with particular emphasis on the ability to analyze and explain complex legal issues.

KSA 4 - Ability to maintain effective working and reporting relationships with professional peers, support staff and management officials.

KSA 5 - Ability to organize work effectively to meet established deadlines and priorities.

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Background checks and security clearance

Security clearance
Not Required

Drug test required
No

Position sensitivity and risk
Moderate Risk (MR)

Trust determination process
Credentialing , Suitability/Fitness

Required Documents

A complete application consists of the following:

Cover letter. Address demonstrated interests and qualifications as it relates to the position.

Resume showing relevant experience. Your resume must indicate your citizenship and, if you are a male born after December 31, 1959, whether you are registered for Selective Service. Your resume should also list your educational and work experience, including the dates (mm/dd/yy). For work in the Federal Service, please include the grade level for the position(s).

Copy of law school transcript (Unofficial copy is sufficient, but official copy must be submitted before appointment). You are not required to submit official documents at this time; copies are sufficient.

Certificate of bar membership and proof of good standing. Prior to receiving a formal offer, you will be asked to provide a certificate of bar membership and proof of good standing.

Current and former Federal employees: You must submit a copy of your most recent SF-50, Notification of Personnel Action, which shows competitive or excepted service appointment, tenure group, and salary. If you are applying for a higher grade, please submit the SF-50 showing the highest (permanent) grade ever held, if different from your current grade. Please note: performance award, details, and realignments are not acceptable SF-50s.

Failure to provide such documents when requested may result in lost consideration.

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.