Attorney Advisor

Summary

The Office of the General Counsel (OGC) provides legal services to the Commission, ensuring that all agency actions comply with the Commodity Exchange Act (CEA) and related regulations. OGC represents the Commission in federal courts and before administrative bodies in litigation involving enforcement appeals, challenges to Commission actions, derivatives industry bankruptcies, employment matters, and other administrative proceedings.

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Duties

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The incumbent serves as an Attorney-Adviser in the General Law, Ethics and Workforce (GLEW) Branch and performs a variety of key functions to support the OGC with a focus on appropriations, procurement and FACA but may be called upon to opine on, Government in Sunshine Act, Constitutional issues, intellectual property law, copyright law, labor law, employment law and the Inspector General Act of 1978.

The attorney-advisor will:

Review procurement contracts, modifications and terminations ensuring they comply with federal, state, or local regulations such as the Federal Acquisition Regulation (FAR) and the Revolutionary FAR Overhaul (RFO), in order reduce risk and align with agency strategy.

Represent the Commission in bid protests challenging contract awards, bid errors, or procedural irregularities. The incumbant may work with both protesters and awardees to resolve disputes before awards are finalized. Additionally, the attorney will work with OGC litigators to handle claims related to performance disputes, cost reimbursement claims under the Truth in Negotiations Act, equitable adjustments for changes in scope or cost, among other types of contract disputes.

Assist the Commission's procurement office in preparing disclosures, responding to audit findings, and defending against suspension or debarment actions.

Advise on questions of Federal appropriations issues as they may relate to the Commission. The attorney may consult with the Commission's Office of Financial Management on particular questions. In so doing, the attorney will research pertinent laws, regulations, Comptroller General opinions, common law and other administrative law decisions.

Work with the Commissioners and senior management of the Commission in relation to advisory committees under Federal Advisory Committee Act (FACA). Will be responsible, in conjunction with other attorneys in GLEW, for ensuring the Commission is in compliance with the FACA including but not limited to charters, required filings, ensuring balance of participant viewpoints, attendance, budgets and compliance with any other legal requirements.

Advise on questions of law and administrative policy involved in the Commission's operations and in its contacts with industry, private and professional associations, foreign governments, or the general public.

Prepare recommended advice and interpretations outlining the facts and applicable law. Develop the material which, in effect, becomes the agency's justification for its actions and operations.

Provide comprehensive and timely responses to questions presented.

Conduct legal research and provide guidance on all administrative and operational issues; however, the incumbent is an accomplished expert in one or more specific subject matter areas within certain aspects of GLEW's purview, such as: Constitutional law, federal labor and employment law, federal appropriations and procurement law, contract law, intellectual property law, copyright law, information law, FACA, the Sunshine Act, the Inspector General Act of 1978, Titles 5, 29, and 31 of the United States Code, Section 2(a) of the CEA, and provisions of the Code of Federal Regulations related to these statutes, and can be expected to act as a group or sole lead for the agency when in discussions with the Commissioners, senior management or other external groups.

Requirements

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Conditions of employment

• U.S. Citizenship
• Favorable Background/Security Investigation
• Males born after 12-31-1959 must be registered for Selective Service.
• May be subject to a two-year trial period.
• Must be an active member of the bar in good standing.

You will be evaluated on the basis of your level of competency (knowledge, skills and abilities) in the following areas:

1. Procurement
2. Legal, Government, & Jurisprudence
3. Compliance
4. Critical Thinking / Problem Solving

Qualifications

BASIC REQUIREMENT: All applicants must possess the following:

• J.D.; and
• Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico.

AND

CT-14:

1. Juris Doctor (J.D.) degree or an equivalent law degree,
2. Active bar membership and in good standing,
3. At least 4 years of relevant legal experience obtained after graduation from law school.

Relevant legal experience is defined as experience as an attorney, law clerk, or other legal work that is obtained after graduating from law school. Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count.

All qualification requirements must be met by the closing date of this announcement to be considered.

Education

Successful completion of a full course of study (J.D.) in a school of law accredited by the American Bar Association (ABA).

To be creditable, education must have been obtained in an accredited college or university. You must report only attendance and/or degrees from schools accredited by accrediting institutions that are recognized by the U.S. Department of Education. For a list of schools that meet this criterion, see

SPECIAL INSTRUCTIONS FOR FOREIGN EDUCATION : If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit:

Additional information

Relocation: Relocation expenses will not be paid.

Trial Period:

As a condition of employment for accepting this position, you may be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

• Your performance and conduct;
• The needs and interests of the agency;
• Whether your continued employment would advance organizational goals of the agency or the Government; and
• Whether your continued employment would advance the efficiency of the Federal service. Upon completion of your probationary/trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

This position is NOT a Bargaining Unit position.

More than the number of positions listed may be filled through this vacancy announcement.

The overall salary range is provided for informational purposes as it represents the full range that is applicable to current employees in this occupation/grade. A new hire's direct and overall experience are critical factors in determining a salary offer, therefore, it is important that your resume fully reflects all of your work experience. Note that the upper end of each range is typically applicable only to candidates with significant years of work experience and qualifications Please review the CFTC Compensation Program website for additional information.

The law prohibits public officials from appointing, promoting, or recommending their relatives. The law prohibits requesting, making, transmitting, accepting, or considering political recommendations for employment or other personnel actions for non-political positions. This includes recommendations from Members of Congress, Congressional employees, elected state or local officials, and political party officials and any recommendation based on party affiliation.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

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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.

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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.