This position is located in the Office of the Chief Counsel (OCC), Food and Drug Division (FDD), Food and Drug Administration (FDA) in Silver Spring, MD. The incumbent serves as a principal legal counselor and advisor to Commissioner of the Food and Drug Administration on all FDA enforcement and litigation matters.
Summary
This position is located in the Office of the Chief Counsel (OCC), Food and Drug Division (FDD), Food and Drug Administration (FDA) in Silver Spring, MD. The incumbent serves as a principal legal counselor and advisor to Commissioner of the Food and Drug Administration on all FDA enforcement and litigation matters.
Serves as a principal legal counselor on all civil and criminal litigation matters for FDD.
Serves as a senior-most leader for the assigned litigation programs areas: directs, plans, organizes and manages all aspects of those FDA litigation activities and programs for FDD.
Resolves complex and difficult matters of interpretation of the applicable statutes and FDA regulations, and assesses applicable FDA guidance.
Provides authoritative advice and counsel to FDA leadership on specific litigation matters related to foods, drugs, biologics, tobacco, medical devices, cosmetics and radiation products.
Counsels and works closely with senior FDA officials on agency enforcement strategy for the full range of products that FDA regulates under different authorities.
Develops and oversees litigation strategy and tactics for enforcement and defensive cases.
Develops and manages a plan to provide litigation services to the FDA client components.
Provides training on legal issues to FDA components.
Directs all aspects of FDA litigation, including review and evaluation of proposed cases, strategy development, pleadings, briefing, oral advocacy, and settlement negotiations.
As a key member of the OCC management team; participates fully with leadership on program and policy issues affecting the office, participates fully in decisions concerning resource requests and allocations, personnel acquisition and development.
U.S. Citizenship is required for federal employment.
Background and/or Security Investigation is required.
Must complete 1 year SES probationary period, if not previously completed.
Application package must be received by closing date of this Announcement.
Ethics Pre-Clearance/Financial Disclosure is required.
Qualifications
In order to qualify for Deputy Associate General Counsel for Litigation 2, 0905, ES - 00, you must possess the following:
Specialized Experience Requirement
Basic Qualification Requirements
Education Requirements and Bar Membership
Technical Qualifications (TQs)
Executive Core Qualifications (ECQs)
Specialized Experience Requirement
To be qualified for this position, your resume must reflect experience in a managerial capacity with responsibility for providing supervisory direction to a large and diverse organization responsible for promoting economy, efficiency, and effectiveness in the administration of programs and operations and preventing and detecting fraud and abuse in such programs and operations. This experience must be evidenced by sophisticated analytical skills, superior written and oral communication skills, good judgment, and experience in interacting with government and non-government officials. Typically, experience of this nature is gained at or above the GS-15 grade level in the Federal service, or its equivalent with state or local government, the private sector, or nongovernmental organizations. At this level, you would have typically been responsible for planning, directing, and evaluating work that included managing and/or supervising other managers. You must demonstrate in your resume significant achievements, increasing levels of responsibility as a manager, and a solid record of successful professional performance.
Basic Qualifications Requirement
As a basic requirement for entry into the Senior Executive Service (SES), your resume must show evidence of progressively responsible leadership experience that is indicative of senior executive level management capability, and that is directly related to the skills and abilities outlined under:
1) Technical Qualifications (TQs); and
2) Executive Core Qualifications (ECQs)
Technical Qualifications (TQs) -- Your resume must show that you possess the following TQs:
1. Substantial experience and demonstrated expertise in food and drug law litigation, including application and enforcement of the Federal Food, Drug, and Cosmetic Act and other statutes administered by the Food and Drug Administration (FDA).
2. Proven record of success in managing and leading a legal office, component, or significant team, including effective training and development of staff; efficient use of human and information resources; effective internal and external communication; problem-solving and decision-making; planning and formulation of legal strategy; and prioritizing work and ensuring timely response to urgent matters.
3. Preparation of litigation briefs, memoranda, legal documents or reports outlining facts and legal issues, analyzing factual and legal issues involved, explaining the application of legal principles and precedents, and justifying recommendations or conclusions for senior government officials or high-level officials in the private sector.
4. Extensive practice before federal courts.
Executive Core Qualifications (ECQs) -- Your resume must show that you possess the following ECQs:
1.Leading Change
2. Leading People
3. Results Driven
4. Business Acumen
5. Building Coalitions
Fundamental Competencies are the foundation for success in each of the ECQs and should be evident over the course of your resume:
1. Interpersonal Skills
2. Oral Communication
3. Integrity/Honesty
4. Written Communication
5. Continual Learning; and
6. Public Service Motivation
1. Leading Change: 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)
2. Leading People: 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)
3. Results Driven: 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)
4. Business Acumen: The ability to manage human, financial, and information resources strategically. (Competencies: financial management, human capital management, technology management)
5. Building Coalitions: 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)
Additional information on the proper preparation of ECQs is available by going to the Office of Personnel Management's web site at http://www.opm.gov/ses/references/GuidetoSESQuals_2010.pdf. Applicants are encouraged to follow the Challenge, Context, Action, and Result model outlined in the guide.
The application process for this position is RESUME ONLY. You should address the TQs and ECQs within the context of a 5-page resume. Any information submitted inexcess of 5 pages WILL NOT be considered. We strongly encourage you to submit a resume that is tailored specifically for this position to ensure it includes relevant examples of how you possess the technical qualifications and the five Executive Core Qualifications. Your resume should emphasize your level of responsibilities, the scope and complexity of programs managed (e.g., budget, type/# of staff supervised) and program accomplishments, including the results of your actions.
If selected, you will be required to complete an ECQ package by drafting narratives for each of the ECQs for submission and certification by an OPM Qualifications Review Board (QRB) in order to be placed in this position. If you are currently serving in a career SES appointment, are eligible for reinstatement into the SES, or have successfully completed an SES Candidate Development Program approved by the Office of Personnel Management (OPM), you will not need to draft the ECQs.
Public Health Service Commissioned Corps Officers interested in applying for this position to serve in the SES must resign their commission if selected.
Education
You must have earned a professional law degree (e.g. J.D.) from a law school accredited by the American Bar Association and be an active member and be in good standing of the Bar in a State or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
You must include a copy of current/active Bar Membership under supporting documents tab "license" and transcripts.
Additional information
If you are serving, or have served in the last 5 years from the closing date of this announcement as an Executive Branch political, Schedule C, or Non-career SES appointee, HHS/FDA may be required to obtain approval by the Office of Personnel Management (OPM) prior to beginning employment. You can find out if you have held one of these appointment types by looking at your Standard Form 50s in your Electronic Official Personnel Folder (eOPF), in Section 5 where the legal authorities are listed. If you have served or are currently serving, you must provide a copy of your SF-50, Notification of Personnel Action, documenting this appointment. In addition, you will be required to respond to the question in the assessment and certify your responses to the questionnaire. Political Appointee FAQ - OPM
Probationary Period: Persons newly selected for career appointment to the SES must have their ECQs approved by the OPM Qualifications Review Board and will be required to serve a one-year probationary period.
Relocation/Moving Expenses: Will not be authorized.
A one-time Relocation or Recruitment Incentive will not be offered.
Mobility: Individuals selected for SES positions may be subject to reassignment across geographic, organizational, and functional lines.
Direct Deposit: All Federal employees are required to have Federal salary payments made by electronic direct deposit to a financial institution of their choosing.
Selective Service: As a condition of employment, all male applicants born after 12/31/1959, must have registered for the selective service. If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
Veterans' Preference: Does not apply to the SES.
Equal Employment Opportunity: The United States Government does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor.
E-Verify: If you are selected for this position, the documentation that you present for purposes of completing the Department of Homeland Security (DHS) Form I-9 will be verified through the DHS "E-Verify" System. Federal law requires DHS to use the E-Verify System to verify employment eligibility of all new hires, and as a condition of continued employment obligates the new hire to take affirmative steps to resolve any discrepancies identified by the system. The U.S. Department of Health and Human Services is an E-Verify Participant.
Financial Disclosure Reporting: The Ethics in Government Act, PL 95-521 requires the applicant selected for this position to submit a Public Financial Disclosure Report (OGE form 278) prior to assuming the SES position, annually, and upon termination of employment. Visit the Office of Government Ethics website at www.oge.gov and select Financial Disclosure. Frequently Asked Questions can be found at FAQs/. https://www.oge.gov/web/278eguide.nsf
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
This job opportunity announcement closes (at 11:59 pm ET on 08/31/2023).
Your resume and responses to the Assessment Questionnaire are an integral part of the process for determining your basic and specialized qualifications for the position. Responses that are not supported by your resume will eliminate you from consideration.
Your application will be evaluated in the following manner:
1. Application packages will be reviewed for completeness (incomplete or late packages will not receive further consideration).
2. Basic qualifications review. Your resume and questionnaire will be reviewed to ensure that you meet the Specialized Experience Requirement. (If you do not meet this requirement, you will not receive further consideration).
3. If it is determined that you meet the basic qualifications for the position, your application package will be further evaluated by a rating and ranking panel. Highly qualified candidates may be invited to participate in a structured interview, submit writing samples, and undergo reference checks. Top candidates may be required to submit further written documentation of qualifications.
4. The HHS FDA Executive Resources Board will review results and make recommendations on final selections to the appointing authority.
All information concerning qualifications is subject to investigation. You should expect that we will verify performance, suitability, security information and take that information into account in making employment offers. False representation may be grounds for non-consideration, non-selection, and/or appropriate disciplinary action.
All initial appointments to an SES position are contingent on approval from OPM's Qualifications Review Board unless the selectee has successfully participated in an OPM approved SES Candidate Development Program. An individual's initial SES career appointment becomes final only after the individual successfully completes a 1-year probationary period. For additional information concerning the SES visit http://www.usajobs.gov/SeniorExecutives.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
All applicants are required to submit the following supporting document type(s):
Resume
Proof of current/active Bar membership (place in "license" section under supporting documents)
Transcripts
Applicants may also submit the following supporting document type(s),which may not be required for all applicants:
Cover Letter
SF-50 (must show current salary and position)
Other (QRB Certification, if applicable)
We strongly encourage you to submit a resume that is tailored specifically for this executive position to ensure it includes relevant examples of how you possess the technical qualifications and the five Executive Core Qualifications. Your resume should emphasize your level of responsibilities, the scope and complexity of programs managed and program accomplishments, including the results of your actions.
Applicants typically provide the following information in their resume:
Vacancy announcement number and title of position Full name, mailing and email addresses, day and evening telephone numbers.
Educational information, including the name, city and state of colleges or universities attended, as well as the type of degree received.
Information about paid and unpaid work experience related to the position, including title, duties and accomplishments, employers' name and address, duration of employment, and salary (or Grade, if Federal).
Information about honors, awards, and special accomplishments.
Do NOT include Personally Identifiable Information (PII) such as Social Security Number or Date of Birth on your resume.
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.
If you are relying on your education to meet qualification requirements:
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.
To receive consideration, you must provide a complete Application Package, which includes all of the documents listed in the REQUIRED DOCUMENTS section of this vacancy announcement by 11:59 pm Eastern Time on the closing date of this announcement, which is 08/31/2023.
The application method for this position is "Resume Only." Your Resume must not exceed five (5) pages, including an optional cover letter. Any information in excess of 5 pages will not be evaluated. Any documents submitted that are not listed in the Required or Accepted Documents section of this announcement will not be considered.
Mailed/emailed applications will not be accepted.
You are encouraged to apply online. Applying online will allow you to review and track the status of your application.
- To begin the process, click the Apply Online button to create an account or log in to your existing USAJOBS account. Follow the prompts to complete the assessment questionnaire. Please ensure you click the Submit My Answers button at the end of the process.
- Click the Submit My Answers button to submit your application package. It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
- To verify your application is complete, log into your USAJOBS account (https://secure.login.gov/), select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Note: Your uploaded documents may take several hours to clear the virus scan process.
- To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your Resume and/or other documents from your USAJOBS account or your application will be incomplete.
Questions regarding this vacancy or the application process should be directed to the HR Specialist. The HR Specialist, Jacquell Green can be reached at JACQUELL.GREEN@FDA.HHS.GOV. Jacquell Green is available to answer emails from 9:00 AM through 5:00 PM Eastern Time, Monday through Friday excluding Federal holidays.
This position is located in the HHS Food and Drug Administration (FDA).
Visit our careers page. Learn more about what it's like to work at Food and Drug Administration, what the agency does, and about the types of careers this agency offers.https://www.fda.gov/AboutFDA/WorkingatFDA/default.htm
This agency provides reasonable accommodation to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please contact the ERIC Call Center Help Desk at (888) 478-4340; TTY/TDD: (800) 877-8339; or by email eric@fda.hhs.gov. (If you request by e-mail, please replace the blank space in the body with the Vacancy Identification Number, VIN, which is: 12064579.) Decisions on granting reasonable accommodation will be made on a case-by-case basis.
FDA Office of the Commissioner
10903 New Hampshire Ave
Silver Spring, MD 20993
US
Next steps
Once the online questionnaire is received you will receive an acknowledgement email that your submission was successful. The most highly qualified candidates will be referred to the hiring manager for further consideration and possible interview.
You will receive application status updates via email and via USAJOBS.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
All applicants are required to submit the following supporting document type(s):
Resume
Proof of current/active Bar membership (place in "license" section under supporting documents)
Transcripts
Applicants may also submit the following supporting document type(s),which may not be required for all applicants:
Cover Letter
SF-50 (must show current salary and position)
Other (QRB Certification, if applicable)
We strongly encourage you to submit a resume that is tailored specifically for this executive position to ensure it includes relevant examples of how you possess the technical qualifications and the five Executive Core Qualifications. Your resume should emphasize your level of responsibilities, the scope and complexity of programs managed and program accomplishments, including the results of your actions.
Applicants typically provide the following information in their resume:
Vacancy announcement number and title of position Full name, mailing and email addresses, day and evening telephone numbers.
Educational information, including the name, city and state of colleges or universities attended, as well as the type of degree received.
Information about paid and unpaid work experience related to the position, including title, duties and accomplishments, employers' name and address, duration of employment, and salary (or Grade, if Federal).
Information about honors, awards, and special accomplishments.
Do NOT include Personally Identifiable Information (PII) such as Social Security Number or Date of Birth on your resume.
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.
If you are relying on your education to meet qualification requirements:
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.
To receive consideration, you must provide a complete Application Package, which includes all of the documents listed in the REQUIRED DOCUMENTS section of this vacancy announcement by 11:59 pm Eastern Time on the closing date of this announcement, which is 08/31/2023.
The application method for this position is "Resume Only." Your Resume must not exceed five (5) pages, including an optional cover letter. Any information in excess of 5 pages will not be evaluated. Any documents submitted that are not listed in the Required or Accepted Documents section of this announcement will not be considered.
Mailed/emailed applications will not be accepted.
You are encouraged to apply online. Applying online will allow you to review and track the status of your application.
- To begin the process, click the Apply Online button to create an account or log in to your existing USAJOBS account. Follow the prompts to complete the assessment questionnaire. Please ensure you click the Submit My Answers button at the end of the process.
- Click the Submit My Answers button to submit your application package. It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
- To verify your application is complete, log into your USAJOBS account (https://secure.login.gov/), select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Note: Your uploaded documents may take several hours to clear the virus scan process.
- To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your Resume and/or other documents from your USAJOBS account or your application will be incomplete.
Questions regarding this vacancy or the application process should be directed to the HR Specialist. The HR Specialist, Jacquell Green can be reached at JACQUELL.GREEN@FDA.HHS.GOV. Jacquell Green is available to answer emails from 9:00 AM through 5:00 PM Eastern Time, Monday through Friday excluding Federal holidays.
This position is located in the HHS Food and Drug Administration (FDA).
Visit our careers page. Learn more about what it's like to work at Food and Drug Administration, what the agency does, and about the types of careers this agency offers.https://www.fda.gov/AboutFDA/WorkingatFDA/default.htm
This agency provides reasonable accommodation to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please contact the ERIC Call Center Help Desk at (888) 478-4340; TTY/TDD: (800) 877-8339; or by email eric@fda.hhs.gov. (If you request by e-mail, please replace the blank space in the body with the Vacancy Identification Number, VIN, which is: 12064579.) Decisions on granting reasonable accommodation will be made on a case-by-case basis.
FDA Office of the Commissioner
10903 New Hampshire Ave
Silver Spring, MD 20993
US
Next steps
Once the online questionnaire is received you will receive an acknowledgement email that your submission was successful. The most highly qualified candidates will be referred to the hiring manager for further consideration and possible interview.
You will receive application status updates via email and via USAJOBS.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.