Vienna, Virginia Government Contracts Lawyer :: David P. Hendel :: Postal Contracting - Attorney Wickwire Gavin

• Reviewed and analyzed USPS solicitation for large multi-year equipment purchase, advised client on key aspects, and served on proposal review red team.
• Strategized with client on how to resolve several multi-million contract claims, drafted claims, and assisted in presenting and settling claims with USPS.
• Convinced postal officials to reinstate a multi-million dollar transportation contract that USPS had terminated for default by showing the termination failed to consider all relevant facts and was not in the best interests of the Postal Service.
• Litigated and won PSBCA decision granting client's contract claims, rejecting USPS's million dollar counter-claims, and overturning default termination.
• Prepared, litigated, and successfully resolved in mediation a postal mechanization contractor's multi-million dollar claim for changes, delay, disruption, and inefficiencies.
• Represented client who won multi-million dollar USPS supply contract in protest brought by disappointed bidder; persuaded court to deny protest notwithstanding admission of procurement error by attorney representing USPS.
• Negotiated settlements exceeding $140 million for the termination of two large Postal Service transportation network contracts.
• Litigated, and compelled the government to dismiss, a million dollar False Claims Act suit against a postal construction contractor; obtained reimbursement of attorney fees and expenses incurred in defending against the action.
• Litigated multiple sets of claims for postal construction contractor and won full amount sought on all claims asserted, plus obtained awards of interest and attorney fees.
• Advised postal contractor on issuance of multi-million dollar delivery orders under indefinite quantity contract.
• Prepared and litigated claims totaling over $3 million resulting from multiple changes in scope of work under a contract to modify equipment in a large postal processing facility.
• Led team that prepared, accounted for, and drafted over $700 million in claims under an integrated facilities, services, and transportation contract.
• Organized and led a coalition of equipment manufacturers, pre-sort mailers, and postal software developers in a successful effort to reduce USPS licensing fees.
• Successfully defended protests against the propriety of USPS's award to client of multi-$100 million contract to supply computer equipment and services.
• Represented largest claimant and subcontractor in $50 million settlement of terminated Postal Buddy kiosk contract.
• Assisted contractor in pricing resolution of multi-million dollar expansion of an equipment supply contract.
• Successfully converted the default termination of a mail processing equipment contract to a termination for convenience and obtained a favorable monetary settlement.
• Litigated and negotiated a favorable settlement of a postal facility construction claim.
• Reversed USPS suspension of contractor from eligibility for future contracts. USPS Judicial Officer held that suspension would be vacated if not lifted by USPS.
• Defended clients in false representation actions brought by USPS Inspection Service and United States Attorney.
• Provided solicitation review and proposal counsel for contractors seeking multi-$100 million USPS services contract.
• Obtained favorable settlement of protest, requiring agency to recompete requirement. Client won on recompetition.
• Led successful effort to persuade USPS officials not to implement $20 million sole source contract for postal supplies.
• Prepared position paper supporting contractor's view on pricing dispute with USPS under an economic price adjustment clause.

Publications

"New USPS Procurement Rules-Are The Guidelines Really Non-Binding?" The Government Contractor, July 20, 2005

Columnist, "Legal Corner," The Star Carrier, National Star Route Mail Contractors Association newsletter, 2004-2005.

Editor, Course Materials for "Changes, Modifications, and Claims under U.S. Postal Service Contracts," May 2003.

Editor, Course Materials for "Contracting with the U.S. Postal Service," updated twice each year since 1992.

Co-author, "Contracting with the U.S. Postal Service, Edition II," Briefing Paper No. 02-9, West Group Publications, August 2002.

Co-author, "Contracting with the U.S. Postal Service," Briefing Paper, Federal Publications, Inc., September 1993.

Editor, Postal Contractor, newsletter on items of interest to USPS contractors, Wickwire Gavin, P.C.

Former Columnist and Contributing Editor, "Postal Procurement," Mailer's Review.

Speaking Engagements/Presentations

"Postal Contracting Rules," Annual Convention of the Association of U.S. Postal Service Lessors, May 2005.

"Compliance Training for U.S. Postal Service Contractors," in-house presentations, April/May 2005.

"Postal Culture Pointers: Dos and Don'ts for Postal Contractors," Agency Business Intelligence Seminar, sponsored by Eagle Eye Publishing, January 2004.

"Update on Postal Contracting," Regional Meetings of the National Star Route Mail Contractors Association, 2004-2005.

"Changes, Modifications, and Claims under U.S. Postal Service Contracts," in-house and public presentations from May 2003 to the present.

"Contracting with the U.S. Postal Service," in-house and public presentations from June 1992 to the present.

National Postal Forum, 1996-1999, business sessions, "Contracting with the U.S. Postal Service."

Mailcom 1993-95, 1999 Conventions, business seminar, "Contracting with the U.S. Postal Service."

In-house presentation, "Legal and Ethical Issues in USPS Procurement."

USPS Office of Procurement, "The 10 Most Common USPS Solicitation Problems."

USPS Office of Procurement, "Guide to USPS Protest Procedures."

Training Course for Defense Contractors, "The New Procurement Integrity Regulations."

Recognition

Special commendation from Assistant Postmaster General, United States Postal Service, for superior professional representation and averting over $22 million in contractor claims against the agency.

American Society of Access Professionals

Association for Postal Commerce (PostCom)

National Stereoscopic Association

American Bar Association: Public Contract Law Section; Litigation Section; Administrative Law Section; Law Practice Management Section

District of Columbia Bar Association: Government Contract and Litigation Section.

Boards of Contract Appeals Bar Association

Bar Admissions

District of Columbia
New York
Virginia

Court Admissions

U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the District of Columbia
U.S. Court of Appeals for the Fourth Circuit

Other Forums

Postal Service Board of Contract Appeals
Postal Rate Commission

J.D., New York University School of Law

B.A., magna cum laude, English and American Literature, Brandeis University