Annex B - SPECIALIZED LEGAL PRACTICE COMPETENCIES

A. CIVIL WORKS

CW-1 Knowledge of Federal laws, regulations and policies pertaining to Civil Works authorities of Title 33 of the U.S. Code and related regulations and policies.

CW-2 Knowledge of specific Civil Works program and project authorities, as contained in public laws such as Water Resources Development Acts and other legislation/regulations.

CW-3 Knowledge of laws, regulations and policies pertaining to Civil Works regulatory authorities and programs, including Federal and State environmental enforcement authorities.

CW-4 Knowledge of environmental treaties and other international agreements affecting Civil Works activities.

CW-5 Knowledge of Civil Works environmental restoration programs and requirements, including the Formerly Utilized Sites Remedial Action Program (FUSRAP).

CW-6 Knowledge of Federal, State, and individual rights and responsibilities concerning water laws and rights; law enforcement at Civil Works projects; water supply contracts and cost sharing agreements; outdoor recreation; fish and wildlife; hydropower (including power generation at Federal facilities); and Indian law.

CW-7 Knowledge of navigation and maritime authorities involving inland waterways and coastal projects.

CW-8 Knowledge of Federal maritime and admiralty law, including the Suits in Admiralty Act, and ability to investigate and process admiralty claims, including affirmative claims.

CW-9 Knowledge of laws, regulations and policies regarding removal of sunken vessels from Federal navigation channels.

CW-10 Knowledge of laws, regulations and policies related to Foreign Trade Zones.

CW-11 Ability to develop, negotiate and interpret project partnership agreements with State and local sponsors.

CW-12 Ability to review, analyze and evaluate environmental documentation and other project reports and documents in support of technical programs.

CW-13 Ability to effectively participate in public meetings and hearings involving Federal departments and agencies, and public and private stakeholder groups.


B. CLAIMS

CL-1 Knowledge of a wide variety of statutes, Comptroller General decisions, Department of Defense directives, Army regulations, and case law on tort and personnel claims matters.

CL-2 Knowledge of claims settlement procedures.

CL-3 Knowledge of the Federal Tort Claims Act, Military Claims Act and Foreign Claims Act.


C. CONTRACT & ACQUISITION

KA-1 Knowledge of Federal Statutes and Regulations (Government wide and Agency specific) concerning the award, administration and termination of contracts.

KA-2 Knowledge of hearing procedures and practice before GAO, Federal Court and Agency Bid Protest and Administrative Boards (e.g. ASBCA).

KA-3 Knowledge of significant Comptroller General, Court and Administrative decisions.

KA-4 Skill in administrative litigation practice.

KA-5 Knowledge of the statutes and regulations governing management of defense acquisition programs and the Defense Industrial Base, and/or knowledge of the statutes and regulations governing construction contracting, and/or governing base operations and service contracting.

KA-6 Knowledge of procurement fraud principles and criminal and civil remedies.

KA-7 Knowledge of and ability to apply contract / procurement rules and their flexibilities in order to respond to fast-paced, mission critical expeditionary contracting demands applicable to a particular position.


D. ENVIRONMENTAL

EN-1 Knowledge of federal environmental laws and regulations.

EN-2 Knowledge of state environmental laws and regulations germane to the jurisdiction in which the attorney practices, and for which federal sovereign immunity has been waived.

EN-3 Knowledge of the Administrative Procedure Act.

EN-4 Knowledge of applicable Executive Orders.

EN-5 Skill in administrative litigation practice.

EN-6 Ability to work with other Federal and state agencies, as well as non-governmental agencies and special interest and environmental advocacy groups.


E. ETHICS

ET-1 Knowledge of Federal conflicts of interest laws and regulations.

ET-2 Knowledge of applicable agency ethics regulations.

ET-3 Knowledge of the Procurement Integrity Act.

ET-4 Knowledge of DoD 5500.7-R, Joint Ethics Regulation.

ET-5 Skill in reviewing and assessing financial disclosure reports.

ET-6 Skill in working with attorneys and other personnel from external agencies.

ET-7 Skill in preparing, editing, and presenting training materials on ethics as it applies to different agencies for a diverse workforce.


F. FISCAL

FI-1 Knowledge of fiscal statutes/regulations and relevant Comptroller General and Court Decisions.

FI-2 Knowledge of statutes and regulations governing particular sub-specialties applicable to a particular position (e.g. knowledge of the Defense and Army Budgeting system with regard to major weapons procurements, and/or service contracting and related program management, and/or military construction).

FI-3 Ability to apply fiscal law principles and their flexibilities in an operational and/or expeditionary contracting environment.


G. INTELLECTUAL PROPERTY

IP-1 Knowledge of Federal patent laws/regs.

IP-2 Knowledge of Federal copyright laws and regulations.

IP-3 Knowledge of Federal technology innovation laws/regs.

IP-4 Knowledge of Federal technical data rights laws/regs.

IP-5 Knowledge of Federal trademark laws and regulations to include regulations governing Army nomenclature and the selection of Popular Names.

IP-6 Knowledge of Federal computer software rights laws/regs.

IP-7 Knowledge of applicable Federal Acquisition Regulation provisions.

IP-8 Knowledge, skill or ability in filing and prosecuting patent applications before the U.S. Patent and Trademark Office.


H. INTELLIGENCE

IL-1 Knowledge of US statutes, directives, regulations, policies and executive orders governing foreign intelligence, counter intelligence, signals, human and imagery intelligence operational authorities.

IL-2 Knowledge of US statutes, directives, regulations, policies and executive orders governing intelligence oversight activities.

IL-3 Knowledge of US statues, directives, regulations, policies and executive orders establishing information security rules.

IL-4 Knowledge of US statues, directives, regulations, policies and executive orders establishing personnel security rules.

IL-5 Knowledge of the Privacy and Freedom of Information Act statutes, directives, regulations, policies and practices.


I. INTERNATIONAL

IN-1 Knowledge of the Law of Armed Conflict.

IN-2 Knowledge of the national and international law of treaties.

IN-3 Knowledge of operational law.

IN-4 Skill in negotiation of international agreements.


J. LABOR & EMPLOYMENT

LE-1 Knowledge of Federal Equal Employment Opportunity laws and regulations.

LE-2 Knowledge of Federal labor relations laws and regulations.

LE-3 Knowledge of Federal civilian personnel laws and regulations.

LE-4 Skill in administrative litigation practice.

LE-5 Knowledge of Federal employment law administrative hearing procedures and practice.


K. LEGAL ASSISTANCE

LA-1 Knowledge of federal and state law and regulations and international treaties and the ability to apply that knowledge to assist clients in the areas of family law; survivor benefits and estate planning; real property and commercial law; taxes; and covered military and civilian administrative matters.

LA-2 Knowledge of military-specific laws and regulations on subject matters within the purview of legal assistance, including Servicemembers Civil Relief Act, Uniformed Services Former Spouse Protection Act and AR 27-3.

LA-3 Knowledge of legal ethics including the preservation of client confidentiality and avoidance of conflicts of interest.

LA-4 Ability to draft appropriate legal documents for the client.


L. LEGISLATION

LG-1 Knowledge of Federal laws, Department of Defense and Army Directives and Instructions, Army rules and regulations, and related legal guidance.

LG-2 Knowledge of the National Defense Authorization Act process through OCLL and the OGC involving the HQDA client components, to enact legislation.

LG-3 Knowledge of the National Defense Appropriations Act process through the OSD(C), Army FM&C, and the OGC (E&F).

LG-4 Knowledge of the Unified Legislative and Budget process through the OSD (P&R), Army M&RA, and the OGC (O&P).

LG-5 Skill in legislative drafting.

LG-6 Skill in transformation techniques to improve process and implement constructive change.

LG-7 Skill in identifying and addressing legal/political issues.

LG-8 Knowledge of the legislative calendar.

LG-9 Knowledge of the Congressional Authorization and Appropriation Processes and procedures, and the ability to represent clients in communications with the Congress.


M. LITIGATION

LI-1 Knowledge of civil practice and procedure in federal trial and appellate courts.

LI-2 Skill in pre-trial, trial, and post-trial processes in federal trial and appellate courts, including, inter alia, legal brief writing, legal synthesis and oral argument.

LI-3 Skill in persuasion.

LI-4 Ability to work cooperatively with attorneys from the Department of Justice and other agencies.

LI-5 Possesses competencies required by the relevant legal specialty area litigated (i.e., Labor & Employment, Environmental, Contract & Fiscal, Administrative, Military Personnel, Claims, etc.).


N. REAL ESTATE

RE-1 Knowledge of laws, regulations and policies pertaining to all facets of Army real estate activities.

RE-2 Knowledge of DoD Real Estate Executive Agent responsibilities, including the Homeowners Assistance Program and the Joint Recruiting Facilities Program.

RE-3 Knowledge of real estate laws, regulations and policies applicable in military contingency and emergency operations, both CONUS and OCONUS.

RE-4 Knowledge of laws, regulations and policies related to the Base Realignment and Closure Program.

RE-5 Ability to draft and review all written real estate instruments, including any legal document either transferring or addressing rights in real property.

RE-6 Ability to review, process and analyze individual real estate case actions within the assigned program and/or geographic area, for all real estate activities and programs within the Army, including Base Realignment and Closure Act, Military Programs and Civil Works.

RE-7 Ability to conduct real estate closings and administer all real estate post-closing actions.

RE-8 Ability to represent the agency in negotiations, in alternate disputes resolution and in litigation support to resolve real estate claims.