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Chief Counsel, Golden Field Office

Department of Energy
Department of Energy - Agency Wide
This job announcement has closed

Summary

This executive position is in DOE's Office of the General Counsel and serves as chief legal advisor to the staff and leadership at the Office of Energy Efficiency and Renewable Energy's (EERE) Golden Field Office (GFO). Acts as the GFO's Office of the Chief Counsel (OCC), responsible for providing legal advice and representation in a number of legal areas such as: environmental and energy; contracting and procurement; administrative; and employment law.

Overview

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Hiring complete
Open & closing dates
11/22/2021 to 01/03/2022
Salary
$174,255 to - $199,300 per year
Pay scale & grade
ES 00
Location
1 vacancy in the following location:
Lakewood, CO
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Occasional travel - You may be expected to travel for this position.
Relocation expenses reimbursed
Yes—Relocation expenses or hiring incentives may be paid in accordance with agency policy and funding availability
Appointment type
Permanent
Work schedule
Full-time
Service
Senior Executive
Promotion potential
None
Job family (Series)
Supervisory status
Yes
Security clearance
Q Access Authorization
Drug test
Yes
Position sensitivity and risk
Special-Sensitive (SS)/High Risk
Announcement number
22-EE-GO-00085-11279025-SES
Control number
623302200

Duties

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As the Chief Counsel, Golden Field Office you will:
Provide legal advice and counsel to the GFO Director, Deputy Director, and associated staff concerning the legal authority for and the legal implications of all activities. Provide or arrange for the provision of the full range of legal services including representation, advice and counsel, and program management in all areas of law practice, with a strong emphasis on environmental and energy law and contract management. personnel, labor relations, and fiscal law. Programs include litigation, contract fraud remedies, employee ethics, and legislation.

Assist the GFO Managers and staff in developing solutions to technical and administrative problems which are often complex and unique in conformity with the legal policies and procedures of the Department.

Participate in negotiations of contracts, grants, cooperative agreements, interagency agreements, and regulatory compliance agreements to which GFO/EERE is a party, providing legal counsel and assistance to the GFO Managers and principal staff on all pertinent matters. Provide legal advice and assistance in the selection, negotiation, award, preparation, execution, and modification of contracts, subcontracts, interagency and compliance agreements.

Prepare or review a wide variety of complex contractual instruments, including operating contracts, cost-plus-fixed-fee, cost plus incentive fee and cost-plus-award-fee contracts, architect-engineer contracts, construction contracts, cooperative agreements, grants, fixed price contracts, automatic data processing contracts, contract modifications, and other types of instruments to assist Headquarters and to support programs, projects, and functions assigned to GFO/EERE. Serve as legal adviser to Source Evaluation Boards and GFO selection panels. Serve as chairman of the NREL M&O review performance committee and rates the performance of NREL counsel.

Provide legal interpretation of statutes and regulations governing environmental restoration and environmental compliance, and negotiated and advertised procurements.

Take appropriate legal action to protect the interests of DOE in litigation and adminstrative proceedings in which GFO has an interest. Supervise the conduct of litigation by or against DOE, and oversee lawsuits by or against its contractors. Represent DOE and the United States in Federal district court; assist the Department of Justice in representing the Department in Federal courts of appeals and the United States Supreme Court.

Advise on probable impact of new or revised legislation, recommend action or proposed alternatives as appropriate, and recommend an agency course of action. Advise on laws, regulations, Congressional legislation, etc., which may affect the mission and associated functions. Answer questions over interpretation of legal authorities and recognizes questions which require interpretation. Prepare responses outlining facts and applicable law when such material will become the agency's justification for litigation.

Provide legal advice and counsel to the managers and staff in all areas affecting the operation of GFO, including the National Renewable Energy Laboratory (NREL), safeguards and security, Freedom of Information Act, Privacy Act, federal personnel, administrative review process, work for others, finance and budget, state and local taxes, environmental laws, contractor operations, health and safety, personnel actions, equal opportunity, labor laws, conflicts of interest and real estate.

Coordinate with the Department of Energy's Assistant General Counsel for Technology Transfer and Intellectual Property with regard to the patents and technical data clauses to be included in contracts, grants, and cooperative agreements originated by GFO.

Serve as the first line supervisor for the GFO Office of Chief Counsel.

Brief DOE General Counsel on legal policy matters and matters of national significance and provide support to the General Counsel.

Requirements

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Conditions of employment

CONDITIONS OF EMPLOYMENT FOR THIS VACANCY: This is a career position in the SES. Unless the selectee is already a member of the SES with career status or has successfully completed an SES Candidate Development Program certified by OPM, executive qualifications must be approved by OPM before the appointment can be effected. If you are selected, you will be responsible for working with a DOE Executive Consultant to finalize your ECQ narrative for OPM submission.

CITIZENSHIP: You must be a U.S. Citizen or National.

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD-12): A selectee's appointment is contingent upon compliance with Homeland Security Presidential Directive (HSPD-12) governing personal identity.

PUBLIC FINANCIAL DISCLOSURE REPORT (OGE 278): If you are selected for this position, will be required to file this report prior to entry on duty in accordance with the Ethics of Government Act of 1978.

PROBATIONARY PERIOD: An individual's initial SES career appointment becomes final only after the individual successfully completes a one-year probationary period.

SECURITY CLEARANCE: You must be able to obtain and maintain a DOE Q-level security clearance

DRUG TESTING: As a condition of appointment to this position, you will be subject to pre-employment/pre-appointment testing for illegal drug use under the U.S. Department of Energy Employee Drug Plan. If you are selected you will be provided information regarding drug testing. Failure to undergo testing or positive findings resulting from the test will eliminate you from further consideration for this position. If selected for and appointed to this position you will be subject to random drug testing while employed.

SELECTIVE SERVICE: All males born after December 31, 1959 must abide by laws regarding Selective Service registration. To learn more about this law, visit the Selective Service web page, Who Must Register. If you are not registered and don't have an approved exemption, you will not be eligible for employment with the Federal government.

E-VERIFY: New employees to the Department of Energy will be required to successfully pass the E-Verify employment verification check. To learn more about E-Verify, including your rights and responsibilities, visit www.dhs.gov/E-Verify.

Qualifications

FEDERAL REQUIRMENT FOR COVID-19 VACCINATION:
As required by Executive Order 14043, Federal employees are required to be fully vaccinated against COVID-19 regardless of the employee's duty location or work arrangement (e.g., telework, remote work), subject to such exceptions as required by law. If you are selected for this position, you will be required to be vaccinated against COVID-19 by November 22, 2021, or prior to onboarding, if hired after November 22, unless you request a legally required exception from this requirement.

As part of onboarding, you will need to submit DOE's Certification of COVID-19 Vaccination for Prospective Federal Employees attesting to truthfulness that you are fully vaccinated by November 22, 2021, or prior to onboarding, if hired after November 22, 2021. Once onboard, you will then be required to provide proof of vaccination in DOE's MyEnergy system and certify the documentation you provide is true and correct under penalty of perjury. Providing a knowing and willful false statement on either DOE's COVID-19 Vaccination Form prior to starting or when providing proof of vaccination in DOE's MyEnergy system once onboard is punishable by fine and/or imprisonment (18 U.S.C. 1001) and will result in termination from Federal service.

The application process used to recruit for this position is the RESUME BASED method. Although you do not address the Executive Core Qualifications (ECQs) separately, evidence of each ECQ must be clearly demonstrated in the five (5) page resume and throughout the rest of the application package to include the MTQ narrative.

Resume-Based Resume: Applicants must show possession of the ECQs and any technical qualifications via resume. Your resume presented will reflect that you possess the ECQs and give a synopsis of your accomplishments. A sample 5-page executive level resume can be viewed at this link http://www.opm.gov/ses/references/GuidetoSESQuals_2012.pdf

Mandatory Technical Qualifications (MTQs): A supplemental narrative must be uploaded and attached to your application addressing each MTQ listed below. No more than one (1) page per MTQ is allowed; additional informational information will not be considered. MTQs must provide specific examples that address relevant experience and accomplishments. Applicants must reflect superior technical qualifications demonstrated through leadership and management in the following MTQs. Failure to submit a narrative statement addressing each of the MTQs may cause your application to be deemed incomplete and not be considered.
MTQ 1: Demonstrated comprehensive knowledge of law, legal principles and precedents necessary to handle complex legal issues related to environmental and energy law (including regulations, practices and procedures applicable to client missions and programs), general law, personnel and employment law (to include civil rights law and labor law), Freedom of Information Act, Privacy Act, procurement, contract administration, administrative review processes, and finance and budget.
MTQ 2: Knowledge of environmental and energy laws and contract management sufficient to provide advice and guidance on activities, such as 1) non-nuclear energy research and development; and 2) environmental and energy regulations and compliance requirements established under NEPA, non-nuclear Energy Research and Development Act of 1974 and other laws and regulations applicable to project completion oversight and direction. Inherent in this qualification is the demonstrated ability to interact with stakeholders, lead negotiations, interpret policies and procedures, and draft implementation requirements to support agreements and policies.
MTQ 3: Demonstrated skill developing a strategy to communicate, interpret, and advocate on complex legal matters arising in a broad range of legal practice (i.e. drafting and negotiating contracts; dispute resolution, litigation, administrative law); provide legal advice to leadership; assess and prioritize client and organizational need; and manage and supervise a full-service legal organization engaged in legal practice (i.e., drafting and negotiating contracts and other documents; dispute resolution; litigation; administrative law, including employment, procurement law; and providing legal advice to Agency executives and staff). Executive Core Qualifications (ECQs)
ECQ 1: LEADING CHANGE: Ability to bring about strategic change, both within and outside the organization, to meet organizational goals and establish an organizational vision and to implement it in a continuously changing environment.
ECQ 2: LEADING PEOPLE: Ability to lead people toward meeting the organization's vision, mission, and goals and provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.
ECQ 3: RESULTS DRIVEN: Ability to meet organizational goals and customer expectations, and make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.
ECQ 4: BUSINESS ACUMEN: Ability to manage human, financial, and information resources strategically.
ECQ 5: BUILDING COALITIONS: 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.

The Office of Personnel Management (OPM) is required by law to review the executive core qualifications of each new career appointee to the Senior Executive Service (SES) prior to appointment.For additional information on ECQs, please review the detailed information provided by OPM at the following link: Executive Core Qualifications.

Education

You must meet the minimum education requirements of successful completion of a full course of study in a school of law accredited by the American Bar Association (ABA) with a professional law degree (L.L.B or J.D.)

You must be a current member in good standing of the Bar of a state or territory of the United States, District of Columbia, or Commonwealth of Puerto Rico. You must provide a copy of this certification.

You must provide a copy of your transcripts from an accredited institution. Be sure to include those transcripts directly applicable to determining your meeting the education requirements. Failure to provide proof of education will result in non-consideration for this position. OFFICIAL ORIGINAL TRANSCRIPTS will be required to be provided prior to entrance-on-duty for individuals selected.

Education must be obtained from an accredited institution recognized by the U.S. Department of Education. For special instructions pertaining to foreign education and a list of organizations that can evaluate foreign education, see Department of Education

Additional information

  • The U.S. Department of Energy fosters a diverse and inclusive workplace and is an Equal Opportunity Employer.
  • For general information on government-wide Telework polices visit: www.telework.gov
  • OF-306: You may be required to complete an OF-306, "Declaration for Federal Employment" form used to (a) determine your suitability for Federal Employment and/or (b) in conducting an investigation to determine your suitability or ability to hold a security clearance.
  • Applications contain information subject to the Privacy Act (PL 93 579, 5 USC 552a). The information is used to determine qualifications for employment and is authorized under Title 5, USC, Section 3302 and 3361.
  • Hiring incentives may be authorized in accordance with agency policy and if funding is available.

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 on the quality and extent of your total accomplishments, experience, and education (if applicable). Your application will be rated and ranked by an Executive Resources Board (ERB) Panel, comprised of at least three SES members, using only the information submitted within the application package. Applicants who do not demonstrate in their application sufficient possession of the ECQs & MTQs will be determined ineligible for further consideration.

As part of the Resume Based recruitment method, the ERB Panel conducts a structured interview for all applicants, both competitive and non-competitive, who are determined to be in the top category from the ERB Rating Panel. Based on the Panel's evaluation, applicants who are determined Best Qualified will be referred to the selecting official for further consideration.

Veteran's Preference does not apply to the Senior Executive service (SES).

Once a candidate has been identified for selection, reference checks may be completed. The Department's appointing official(s) will make a final approval of the selection, and in competitive cases, OPM's Qualifications Review Board (QRB) must certify the ECQs before final appointment can occur. If OPM approval is required for the ECQs, the candidate is required to assist in the development of the QRB template for submission to the QRB. Verification of performance, suitability and security information from reference checks will be taken into consideration when making offers of employment.

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