Attorney V Performs advanced legal duties with respect to the agency’s procurements, grants, contracting, and enforcement of contracts to ensure agency compliance with state and federal laws and regulations regarding contracts. As used in this Job Description, “agency’ includes the Department of State Health Services, in addition to the Health and Human Services Commission. Provides legal advice and opinions on contracts, grants, and procurement matters. Represents the agency in procurement matters, contract negotiations and disputes, including protests and contract-related claims, as well as other matters as requested by agency management. Participates in assigned projects, including but not limited to the development of policies, rules, standard procedures and forms, review and implementation of legislative changes and similar projects.
Essential Job Functions:
Attends work on a regular and predictable schedule in accordance with agency leave policy and performs other duties as assigned. (50%) Negotiates and provides assistance to program staff and drafts contracts and solicitation documents (including, but not limited to, Requests for Proposals, Requests for Qualifications, Requests for Applications, and Invitations for Bids) in accordance with agency’s legal authority and with state and federal laws and regulations relating to contracts and contract management. (40%) Advises agency staff on federal and state contract laws and regulations. Reviews and drafts legal instruments and regulations and provides legal advice regarding contracting, procurement, and enforcement. Provides legal assistance on adverse actions involving contracts. Consults with management concerning legal ramifications of possible changes in overall contract practices and procedures. Represents the agency in procurement matters, contract negotiations, and disputes, including protests and contract-related claims, as well as other matters as requested by agency management. Represents the agency in administrative or contested case hearings. (10%) Performs additional duties as assigned, including, but not limited to, drafting substantive legal documents, including opinions, briefs, and memoranda that include analysis of agency authority under state and federal law; and both proposed and enacted state and federal legislation.
Knowledge Skills Abilities:
Knowledge of fundamentals of contract law, government procurement law, and Texas state agency contracts. Knowledge in reviewing, developing, negotiating, and management of contracts and grants. Knowledge of legal principles, practices, and proceedings. Knowledge of federal and state statutes, regulations, and policies affecting health and human services agency programs. Knowledge of Texas procurement and contracting laws. Skill in efficient legal research including use of Westlaw and other internet legal research. Skill in conducting research, to summarize findings, and to use legal reference materials. Skill in foreseeing legal implications of contract terms and procurement and contract actions and providing legal advice accordingly. Exceptionally skilled in oral and written communication to a wide range of audiences. Skill in identifying relevant legal issues. Skill in organizing and expressing complex legal problems clearly and concisely both orally and in writing. Skill in preparing opinions, contracts, rules, and policies and procedures. Skill in preparing high-quality, complex procurement and contractual documents. Skill in identifying problems, evaluating alternatives, and implementing solutions. Skill in demonstrating sound judgment and reasonable tolerance of ambiguity in the performance of job duties. Skill in working collaboratively and cooperatively with clients, other government officers and employees, and stakeholder groups. Skill in operating a personal computer and other basic office equipment. Skill in articulating legal concepts to management and other stakeholders. Skill in providing legal representation in administrative or contested case hearings. Ability to organize and manage multiple priorities. Ability to utilize legal experience and training to assist in developing policies and training to safeguard funds flowing to the agency, minimize liability and avoid risk to clients. Ability to analyze moderately complex to advanced factual and legal issues related to a wide variety of federal and state laws. Ability to make efficient use of time and resources. Ability to think creatively and apply clear, logical problem-solving techniques. Ability to maintain professional and collegial relations with all levels of management and staff at the Commission, as well as with other agencies’ management and staff and the public.
Registration or Licensure Requirements:
Graduation from an accredited four-year college or university. Must hold a Juris Doctor degree from an accredited law school. Licensed to practice law in the State of Texas. Member in good standing with the State Bar of Texas.
Initial Selection Criteria:
Experience with contract drafting, review and negotiation preferred. Admission to the State Bar of Texas and five years’ experience in the practice of law required. Experience in one or more of the following areas preferred: real estate contracting, construction contracting, IT contracting, government procurement, or federally funded contracts.