Managing Team Attorney, Commercial & Contracts Unit, OGC - 26905

Under the direction of the Executive Deputy Counsel and/or Deputy Counsel for the Commercial and Contracts Unit, this role provides broad latitude for independent action, initiative, and judgment in managing and overseeing New York City Public Schools (NYCPS) commercial law matters. Responsibilities include contracts, purchasing agreements, leases, inter-agency agreements, and related litigation. The position supervises attorneys and staff, offers strategic legal counsel to NYCPS leadership, and ensures compliance with applicable laws, rules, and policies.

Key Relationships

• Division of Early Childhood Education (DECE)
• Office of Pupil Transportation (OPT)
• Division of Operations
• Division of Contracts and Purchasing (DCP)
• NYC Law Department
• OGC Executive Leadership and Attorneys
• Central Offices and External Vendors

Responsibilities

• Advises and makes recommendations to the General Counsel and other executive staff on questions of law, fact, and administrative policy.
• Assists in litigation of complex and significant cases, drafts important and complex contracts, legislation, and policy statements on behalf of the Department.
• Performs the duties of the Deputy Counsel of their assigned practice area in their temporary absence.
• Supports the Executive Deputy Counsel and/or Deputy Counsel in the daily legal oversight of NYCPS’ contracting portfolio, including significant NYCPS initiatives such as the expansion of Early Childhood Education and procurement of student transportation.
• Provides strategic guidance on commercial legal and policy matters and drafts complex procurements, contract extensions, and amendments, ensuring compliance with applicable federal, state procurement laws, rules, and regulations.
• Directs subordinate staff responsible for legal activity of significant financial, policy, or procedural consequences as needed.
• Negotiates and drafts contracts and agreements for a wide range of goods, services, and equipment.
• Provides legal advice on the legal sufficiency of procurements and assists in providing legal advice in bid protests.
• Assists in the development of procurement policies and procedures for the Department.
• Advises on basic copyright and intellectual property questions.
• Serves as liaison in commercial litigation cases.
• Reviews RFPs, proposals, and contracts, and recommends solutions to mitigate project risks.
• Drafts, reviews, and negotiates multi-year standard (form) and non-standard contracts, including software licenses, customer proposals (RFPs), development, and other purchase-related agreements in the information technology area.
• Prepares, reviews, and negotiates software license and maintenance agreements, computer hardware purchase and maintenance agreements, software development agreements, information technology service agreements, application service provider agreements, hosting agreements, and other related information technology agreements.
• Drafts rules and regulations for the NYCPS.
• Prepares spoken and written legal opinions, memoranda, and policy statements for the Chancellor, the General Counsel, the Executive Deputy Counsel for Commercial and Contracts, and relevant executive staff necessary for formulating policy on commercial matters.
• Negotiates contract terms with external counsel, including supervision of unit attorneys working on these matters.
• Drafts and negotiates the terms of Memoranda of Understanding or other related inter-agency agreement documents.
• Analyzes and prepares legal opinions on issues regarding various City, State, and Federal regulations.
• Responds to document requests/subpoenas and assists with litigation preparation, as necessary.
• Supports various initiatives and procurement goals and ensures compliance with applicable laws, rules, and regulations.
• Performs other duties as requested or assigned by the Executive Deputy Counsel and/or Deputy Counsel.

Qualifications

• Admission to the New York State Bar.
• Four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar.
• Eighteen months of the required experience must have been in the supervision of other attorneys, in an administrative, managerial, or executive capacity, or performing complex legal work.
• Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Preferred Qualifications

• Thorough knowledge and understanding of the intersection of Federal, New York State, and local laws, rules, and regulations relating to student transportation and the procurement of student transportation.
• Experience drafting and negotiating complex terms of pupil transportation contracts and procurements.
• Experience advising on complex public procurements involving large-scale service contracts.
• Familiarity with practices and procedures related to litigation, including within the context of City government.
• Ability to write clearly, succinctly, and to make highly effective spoken presentations.

Pay

$145,000 - $160,000 (Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not earn less than their current salary.)