If you can’t fix it, feature it. That’s what compels David P. Hendel to focus his government contracts practice on representing clients that do business with the U.S. Postal Service. David started his legal career as an Honors Attorney in the General Counsel’s office of the U.S. Postal Service.
After entering private practice, he realized how vastly the Postal Service’s rules differed from those of other agencies. When others learned that David was well versed in this area, they sent these matters to him. So David dived in. While many clients are in the transportation industry, he has worked on matters ranging from automation equipment to ZIP code directories.
Clients seek his advice on selection and awarding of contracts, protests and disagreements, contract administration, interpretation, subcontracting, compliance, changes, claims, investigations, due diligence, audits, Freedom of Information Act requests, termination and debarment. He is also particularly practiced in False Claims Act matters and fraud investigations involving the Postal Service.
Clients especially appreciate David’s passion in litigating protests, disputes, fraud claims and suits brought before U.S. District Courts, the U.S. Court of Federal Claims, the Postal Service Board of Contract Appeals (PSBCA) and the Postal Service Supplier Disagreement Resolution Official.
He regularly presents seminars and writes articles on postal procurement, and is well known for compiling an annual list of the top 150 USPS suppliers. Since 2004, David has served as Association Attorney for the National Star Route Mail Contractors Association, whose members provide highway transportation and delivery services to the Postal Service.
- Obtained preliminary injunction in U.S. District Court that led to restoration of mail contractor’s security clearance and award of attorneys’ fees for governmental bad faith.
- Prepared and recovered on claim for costs incurred by contractor under termination for convenience and suspension of work under shared energy savings contract.
- Investigated and prepared claim for multiple changes and changed conditions encountered under logistics services contract that resulted in agency making multimillion-dollar payment to contractor in negotiated settlement.
- Represented agency official wrongfully discharged for alleged improper use of official mail. Obtained reversal of action, restoration of position, back wages and attorneys’ fees.
- Advised and assisted client on multibillion-dollar USPS vehicle procurement, resulting in award of prototype contract.
- Organized and coordinated team that prepared and drafted contract claims in excess of $700 million under integrated facilities, services and transportation contract.
- Brought protest challenging Postal Service transportation contract, resulting in agency terminating challenged contract and awarding contract to client.
- Brought protest in federal court that resulted in termination of disputed contract award and award to protester.
- Defended multiple contractors in False Claims Act investigations by Office of Inspector General and legal actions brought by U.S. attorneys.
- Made presentations to various assistant U.S. attorneys showing that government investigations were based on incorrect understanding of contract terms, ultimately resulting in end of matter.
- J.D., New York University School of Law
- B.A., Brandeis University
- District of Columbia
- U.S. District Court, District of Columbia
- U.S. District Court, Southern District of Illinois
- U.S. Court of Appeals, Federal Circuit
- U.S. Supreme Court
- U.S. Court of Federal Claims
Professional Associations and Memberships :
- American Bar Association, Public Contract Law and Litigation
- Boards of Contract Appeals Bar Association
- National Star Route Mail Contractors Association, Association Attorney
- Transportation Lawyers Association
Rate : $$$