Attorney-Advisor (General)

Employer
USAJobs
Location
Fort Lee, Virginia
Posted
Jul 30, 2021
Closes
Aug 07, 2021
Hours
Full Time
Duties

Summary

This is a Defense Legal Services Agency (DLSA) position with duty in the Office of General Counsel, Defense Commissary Agency (DeCA). The General Counsel of the Department of Defense is dual hatted as the DLSA Director; DLSA provides a full range of legal advice and services to officials of the Defense Agencies and the DoD Field Activities. DeCA is a Defense Agency responsible for operating military commissaries worldwide.
Learn more about this agency

Responsibilities

The incumbent serves as an attorney advisor, counselor, consultant and legal expert performing a wide range of legal services in connection with the statutes and regulations that address all aspects of federal employment law, including but not limited to employee appointment, classification, compensation, benefits, conduct, performance, termination of employment, labor management relations, and equal employment opportunity. The incumbent provides oral and written advice in the areas of federal personnel and labor law. The incumbent represents the agency before third parties, including but not limited to the Merit Systems Protection Board, the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, and the Office of Special Counsel, and is responsible for the investigation, preparation and presentation of the agency's positions and defenses before such tribunals. The incumbent addresses difficult and novel legal policy questions where frequently there is an absence of clearly applicable precedents. The incumbent prepares litigation reports, and, when directed by the agency General Counsel, assists U.S. Attorneys and attorneys of the Department of Justice in civil and criminal matters in the courts of the United States and of the several states and territories. The incumbent provides general federal procurement and acquisition law advice, ethics advice, environmental law advice, and advice concerning the law of military installations and the law relating to independent contractors.

The Defense Commissary Agency is an Equal Employment Opportunity Agency

Travel Required

Occasional travel - You may be expected to travel for this position.

Supervisory status
No

Promotion Potential
None

Requirements

Conditions of Employment

  • By the announcement closing date, you must meet the citizenship, age, Selective Service registration, and any physical requirements.
  • 1) Must be a U.S. Citizen
  • 2) Must apply by 11:59 EST on closing date of the announcement
  • 3) Work Schedule: Full Time
  • 4) Tour of Duty: Full Time Monday through Friday
  • 5) Permanent change of Station (PCS) May be Authorized.
  • 6) Position Sensitivity: Noncritical Sensitive.
  • 7) Security Requirement: Appointment may be subject to a suitability or fitness determination, based on a completed background investigation.
  • 8) Position may be subject to occasional overtime.
  • 9) Position may be to Temporary Duty (TDY) Travel.
  • 10) Position is Exempt from Fair Labor Standards Act (FLSA).
  • 11) Position is Not Eligible for inclusion in a bargaining unit.
  • 12) Drug Testing is not required.
  • 13) Physical Requirement is not applicable.
  • 14) Position is not obligated.
  • 15) Direct Deposit of pay is required.
  • 16) May be subject to successful E-Verify check. Learn more about E-Verify, including your rights and responsibilities, at https://www.e-verify-gov/.
  • 17) Appointment may be subject to a suitability or fitness determination, based on a completed background investigation.
  • 18) Male applicants born after December 31, 1959 must be registered with the Selective Service System or exempt from registration. See http://www.sss.gov/ for more information.
  • 19) The successful applicant will be required to submit an OGE Form 450, Confidential Financial Disclosure Report within 30 days of assuming the position.


Qualifications

Qualification requirements for Attorney positions can be found in DoD Instruction 1442.02, "Personnel Actions Involving Civilian Attorneys."

The minimum qualification requirements must be met before applicants are eligible for further consideration.
  • Applicant must have successfully completed a full course of study in a school of law and have the first professional law degree (LLB or JD) from that institution.
  • Bar Membership: An applicant must currently be an active member of the bar of the highest court of a State, U.S. commonwealth, U.S. territory, or the District of Columbia.
  • Applicant must have professional legal experience in excess of 3 years that is commensurate with the duties and responsibilities of the position
  • License/Certification: Bar Certificate of Good Standing reflecting Active Status.

Basis for Rating: Applicants will be evaluated to determine if they meet the minimum qualification requirements and on the extent to which their application shows possession of the knowledge, skills and abilities associated with the position.

SELECTIVE FACTORS: Selection will be based on the judgment of the selecting official as to which applicant is best qualified to perform the duties of the position. The breadth and depth of relevant experience and knowledge, and the quality of past performance, will be the primary considerations used for selection. Important selection factors are demonstrated litigation skill, legal analytical ability, excellence in communication skills, including written and oral communications, client relations/customer support and interpersonal skills; knowledge of federal personnel and labor law, including but not limited to employee appointment, classification, compensation, benefits, conduct, performance, termination of employment, labor management relations, and equal employment opportunity; representational skills before third parties, including but not limited to the Merit Systems Protection Board, the Equal Employment Opportunity Commission, the Federal Labor Relations Authority and the Office of Special Counsel, the investigation, preparation and presentation of the agency's positions and defenses before such tribunals, and experience in preparing litigation reports for the Department of Justice. Other desirable selection factors are knowledge of federal procurement and acquisition law, the law of the military installation, commercial activities, environmental law, intellectual property, dispute resolution, and the law relating to independent contractors. A selection panel may be used and oral interviews may be conducted with all, with some, or with none of the applicants, solely at the option of the selecting official.

Examples of Specialized Experience Include: Demonstrating strong litigation experience in criminal law, civil law and/or employment and labor law. Representing a client in matters involving labor and employment law, from initial complaint to final disposition. Reviewing investigations and investigative reports for legal and evidentiary sufficiency. Utilizing representational skills before 3 rd parties, including but not limited to the MSPB, EEOC, FLRA, and the Office of Special Counsel.

Education

  • Your education must be from a college or university accredited by an organization approved by the U.S. Department of Education. See https://ope.ed.gov/accreditation/ for more information.
  • Failure to provide transcripts will result in you being rated ineligible for this position. We accept unofficial transcripts for the application process, as long as they contain your name, the name of the school, the date and degree awarded, and the list of classes and credits earned. Transcripts must be received by this office no later than 11:59 PM EST on the closing date in order to be considered.
  • If selected, an official transcript MUST be received before an Entrance of Duty date is set.

The successful applicant may be required to submit, prior to appointment:
  • an official transcript of the applicant's law school records with an official statement of his relative standing in his class, if obtainable.
  • an official certificate showing active membership, in good standing, of a qualifying legal bar.
  • a statement that their fitness to practice law or their conduct as an attorney have never been challenged. If fitness or conduct has been challenged, a statement explaining the circumstances must be provided.


  • Additional information

    REGARDING INTERVIEWS: Interviews may be required for this position. Accommodations may be made to conduct telephonic interviews to preclude travel hardships for applicants.

    Re-employed Annuitant: A former Federal employee who has retired under either the Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS) is an Annuitant. An annuitant cannot be hired (i.e. re-employed) unless the vacant position meets the criteria in the Department of Defense (DOD) policy on employment of annuitants issued December 10, 2008. The DoD criteria for hiring Re-employed Annuitants can be found at http://www.dtic.mil/whs/directives/corres/pdf/1400.25-V300.pdf .

    Re-employed Annuitant: This position does not meet criteria for re-employed annuitant.

    Other Notes:
    • Deliberate attempts to falsify your application information, such as copying portions of this job announcement into your resume, may result in you being removed from consideration for this position.
    • Additional vacancies may be filled from this announcement upon its closing.
    • Applicants selected from this announcement may be required to serve a Two Year probationary period.
    • Fiancial Difficulty - https://chcoc.gov/sites/default/files/Mythbuster_on_Federal_Hiring_Policies_0.pdf


    How You Will Be Evaluated

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

    Specifically you will be evaluated on the following competencies:

    • Minimum Qualifications


    REVIEW OF APPLICATION DOCUMENTS:

    To determine if you meet the qualifications, requirements and quality of experience required for this position, we review your resume, supporting documents and responses to the questionnaire. The score you receive is a measure of the degree to which your background matches the competencies required. Please follow all instructions carefully as errors or omissions may affect your rating.

    Based on the results of the evaluation process, we place those who apply under delegated examining procedures in one of the following quality categories:
    • Best-Qualified: Candidates who possess the type and quality of experience that substantially exceeds the position's minimum qualifications, including all selective placement factors and appropriate quality ranking factors.
    • Highly-Qualified: Candidates who possess the type and quality of experience that exceeds the position's minimum qualifications.
    • Qualified: Candidates who meet the minimum qualifications and are proficient in some but not all of the position's requirements.
    We send candidates in the Best-Qualified category to the hiring manager for employment consideration first. We send candidates in other categories to the hiring manager based on category rating procedures. https://www.opm.gov/policy-data-oversight/hiring-information/competitive-hiring/#url=Category-Rating

    Veterans in the Best-Qualified category who (1) provide all applicable and required documents (See the Required Documents section for more information) and (2) meet all the positions' requirements are referred before non-veteran candidates. If there are no veterans in the Best-Qualified category meeting these criteria, we refer non-veteran candidates for employment consideration.

    Veterans Preference: If you are entitled to veterans preference, indicate on your resume the type of veterans' preference you are claiming. Your veterans' preference entitlement will be verified by the employing agency. If you are entitled to veterans' preference and qualified for the position, your name will be placed above non-preference candidates on a list sent to the hiring manager for employment consideration. Qualified veterans' preference eligible with a service-connected disability of 10% or more will be listed at the top of the highest quality category depending on the position and grade level of the job. For information on entitlement see http://www.fedshirevets.gov/job/vetpref/index.aspx .

    Military Spouse Preference: If you are entitled to military spouse preference, in order to receive this preference you must choose the spousal eligibility in your application package referencing MSP Military Spouse Preference. Your preference entitlement will be verified by the employing agency. If you are claiming military spouse preference and qualified for the position, your name will be placed below preference eligible veteran candidates and above non-preference candidates on a list sent to the hiring manager for employment consideration. See the Required Documents section for information regarding documents you must submit to apply for this position and to claim your Military Spouse Preference (MSP).

    Background checks and security clearance

    Security clearance
    Other

    Drug test required
    No

    Position sensitivity and risk
    Noncritical-Sensitive (NCS)/Moderate Risk

    Trust determination process
    Suitability/Fitness

    Required Documents

    Application packages should include the following documents:
  • A current resume.
  • A narrative statement that addresses the selection factors.
  • An example of writing skills demonstrated by a legal brief, memorandum, letter, etc. (10 pages or less).
  • A copy of the applicant's most recent performance appraisal (or an explanation of why a performance appraisal cannot be provided), plus the applicant's most recent non-award SF-50 or DD3434 if they are a current Federal employee.
  • For qualifications determinations your resume must contain the following:
    • Applicant's full legal name and contact information.
    • Description of your duties
    • Number of hours worked per week
    • Beginning and ending dates (month/year) for each position.
    Applicants who fail to provide the required information on their resume will not receive consideration for this position. See https://www.usajobs.gov/Help/faq/application/documents/resume/what-to-include/ for more information.

    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 documents (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 an SF 15, "Application for 10-Point Veteran Preference," and supporting documentation required for the specific type of preference claimed. (SF15, 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 .) If two of more applicants for an attorney position are determined to be equally "best qualified" for the position, but one of the applicants is a preference eligible veteran, the preference eligible veteran has preference over the non-preference eligible applicant. If you are currently serving on active duty and expected to be released or discharged within the next 120 days, you must submit written documentation from the armed forces that certifies you are expected to be discharged or released from active duty service in the armed forces under honorable conditions not later than 120 days from the date the written documentation is signed. If selected, additional documentation may be required prior to appointment.

    Interagency Career Transition Assistance Programs: This program applies to employees who have been involuntarily separated from a Federal service position within the competitive service or Federal service employees whose positions have been deemed surplus or no longer needed. To receive selection priority for this position, you must: 1) meet ICTAP eligibility criteria; 2) be rated well-qualified for the position; Well qualified is defined as possessing the type and quality of experience that exceeds the positions minimum qualifications. and 3) submit the appropriate documentation to support your ICTAP eligibility. For more information please visit https://www.opm.gov/policy-data-oversight/workforce-restructuring/employee-guide-to-career-transition/ .

    Claiming Military Spouse Preference. In addition to the documents required by the vacancy announcement, you are required to submit documents that provide acceptable information to verify (1) you reside within the commuting area of your sponsor's permanent duty station (PDS);(2) proof of marriage to the active duty sponsor, and (3) proof of military member's active duty status. This required documentation includes the following: Marriage Certificate or License, Signed Self-Certification Checklist (Military Spouse PPP Self-Certification Checklist), Veterans' Preference documentation (e.g., DD-214, VA Letter, Statement of Service, if applicable).

    If previously held a federal position you must include SF-50s (e.g., LWOP, highest grade held, overseas appointments, etc.), SF-75 Information, and documentation of performance rating of record (dated within the last 12 months). You must also meet pre-employment criteria and be eligible for immediate noncompetitive appointment to a position in the competitive service.

    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.