- Manufacturing & Transportation
- Postal Service Contracting
- Business Litigation
- Government Compliance
- Investigations & Litigation
- Government Contracts
- Qui Tam / False Claims Act
|Contact Info||Telephone: 202.378.2356|
|University ||Brandeis University, B.A., magna cum laude, 1979|
|Law School||New York University School of Law, J.D., 1982|
|Admitted||1983, New York; 1983, District of Columbia; 1992, Virginia; 1984, U.S. District Court, District of Columbia; 1985, U.S. Court of Federal Claims; 1990, U.S. Court of Appeals, Federal Circuit; 2003, U.S. Court of Appeals, Fourth Circuit; 2008, U.S. District Court, Southern District of Illinois|
Professional Associations and Memberships
American Bar Association, Administrative Law, Contract Law and Litigation Sections
•Association for Postal Commerce (PostCom)
•Boards of Contract Appeals Bar Association
•District of Columbia Bar Association, Government Contract and Litigation Section
•National Star Route Mail Contractors Association, Association Attorney
David is a government contracts attorney on Husch Blackwell's Technology, Manufacturing & Transportation team. He represents manufacturing and technology clients, as well as several transportation clients, including those in the air, trucking and logistics sectors. A special focus of David's practice is contracts awarded by the U.S. Postal Service (USPS). As an independent federal agency, the USPS has its own procurement rules. Well-versed in this unique environment, David regularly advises clients on a variety of issues, including selection and award, protests and disagreements, contract administration, contract interpretation, subcontracting, compliance, changes, equitable adjustments, claims and disputes, false claims, government investigations, due diligence, audits, Freedom of Information Act (FOIA) requests, termination and debarment. He also serves as counsel to the National Star Route Mail Contractors Association (NSRMCA), for which he writes a monthly column on postal contracting.
David regularly litigates claims, protests and other matters before the U.S. Court of Federal Claims (USCFC), the Civilian Board of Contract Appeals (CBCA), the USPS supplier disagreement resolution official and various U.S. district courts. With the government intensifying its efforts to find fraud under federal contracts, David frequently assists contractors facing False Claims Act investigations and litigation. He represents clients ranging in size from Fortune 100 companies to sole proprietorships.
David's notable work includes:
•Obtaining a preliminary injunction in federal court that led to restoration of mail contractor's security clearance and an award of attorneys' fees.
Defeating a False Claims Act action by obtaining full recovery on the contractor's claims.
David commenced his legal practice in 1982 as an honors attorney in the Office of Contracts and Property Law at USPS headquarters. For six years he advised postal officials on procurement matters, litigated contract claims and handled agency protests. After entering private practice and representing clients in standard federal agency procurements, David realized how vastly those rules differed from the Postal Service's procurement environment. To help contractors succeed within this special environment, he developed three popular training courses on postal contracting. More than 1,000 contractors have attended these seminars. Since 2001, David has annually compiled and published a list of the Postal Service's top suppliers. Recognized as an authority on postal contracting, he is highly sought-after by the media on postal procurement topics.
Awards and Recognitions
U.S. Postal Service, Special Commendation for Meritorious Service, 1989
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.
•Defeated a False Claims Act action by obtaining full recovery on the contractor's claims, in addition to a substantial payment from the government for interference with the contractor's performance.
•Prepared federal court protest challenging Postal Service transportation contract. Agency terminated challenged contract and awarded temporary service contract to client.
•Defended contractor in federal court protest concerning online auction irregularities.
•Filed protest (disagreement) with the Postal Service supplier dispute resolution official challenging the evaluation of proposals and award of a multimillion-dollar services contract.
•Took action to prevent agency from proceeding with its notice of intention to withhold contract payment under ongoing contract to provide transportation services.
•Advised contractor on responding to agency solicitation for multiyear, multimillion-dollar contract to procure and distribute office products to more than 30,000 ordering locations.
•Prepared and recovered on claim for costs incurred in termination for convenience and suspension of work under a shared energy savings contract.
•Represented agency official wrongfully discharged for alleged improper use of official mail. Obtained reversal of action, restoration of position, back wages and attorneys' fees.
•Made presentation to assistant U.S. attorney demonstrating that transportation contractor's fuel usage complied with terms of contract and did not constitute false statements, false claims or criminal conduct.
•Investigated and prepared claim for multiple changes and changed conditions encountered under a logistics services contract that resulted in agency making a multimillion-dollar payment to contractor in negotiated settlement.
•Represented contractor whose products were rejected based on agency's faulty interpretation of ambiguous contract specifications.
•Performed due diligence review and provided legal advice on licensing, patent and foreign ownership issues intertwined in hedge fund and internal management's buyout of company with substantial Department of Defense contracts.
•Represented contractor before the Postal Service Board of Contract Appeals (PSBCA) in action that led to conversion of default termination into termination for convenience and a favorable monetary settlement.
•Advised a software company in dispute with USPS over license agreement coverage.
•Represented transportation contractor in litigation before the PSBCA in dispute over fuel usage.
•Brought protest in federal court that resulted in termination of disputed contract award and award to protester.
•Prepared materials for novation of 70 contracts to a new entity.
•Opposed release of contractor's confidential information sought under a Freedom of Information Act (FOIA) request with favorable results.
•Organized and coordinated team that prepared and drafted contract claims in excess of $700 million under integrated facilities, services and transportation contract.
•Provided advice and counsel to contractor preparing proposal in response to solicitation for several hundred million dollar equipment purchase.
•Defended multiple contractors in False Claims Act investigations by the Office of Inspector General (OIG) and legal actions brought by U.S. attorneys.
Top U.S. Postal Service Suppliers Lists
4.03.14 Is Mail Dead? Blog
2.17.14 Top U.S. Postal Service Suppliers for Fiscal Year 2013
1.14.14 HCR Contractors - You Do Have Rights!
Seminar Las Vegas, NV
12.02.13 Postal Service Sued for Using Sexier Statue of Liberty on Stamp Blog
9.30.13 U.S. Postal Service Won't Be Impacted by Looming Government Shutdown Blog
9.24.13 USPS's Deregulated Purchasing Policies Stymie Defective Pricing Fraud Cases Blog
3.28.13 U.S. Postal Service Hunting for Patent Infringers Blog
2.11.13 Top U.S. Postal Service Suppliers for Fiscal Year 2012
1.16.13 Postal Service Contracting: What Every HCR Contractor Should Know
Seminar Las Vegas, NV
12.17.12 The Ghosts of Postal Past, Present, and Future Blog
In The News
2.18.14 FedEx Again Tops List of U.S. Postal Service Contractors in Fiscal Year 2013
10.25.13 Marketplace Morning Report: David Hendel on Healthcare.gov
4.12.13 Federal News Radio: Husch Blackwell's David Hendel on U.S. Postal Service Efforts to Profit From Its Patents
2.14.13 Federal News Radio: 2012 Postal Service Suppliers List Reflects Agency's Meat and Potatoes Spending, Says Husch Blackwell's David Hendel
2.11.13 FedEx Is Top U.S. Postal Service Contractor for 10th Consecutive Year
1.11.13 Federal News Radio: The U.S. Postal Service Has a Future, Says Husch Blackwell Partner David Hendel
8.10.12 Marketplace Morning Report: Husch Blackwell's David Hendel Addresses Concerns over U.S. Postal Service's Struggle to Survive
8.07.12 Federal News Radio: Husch Blackwell Postal Contracting Partner David Hendel on U.S. Postal Service Payment Default
2.03.12 2011 U.S. Postal Service Contractors: For Ninth Time, FedEx Is USPS's Largest Supplier
12.05.11 Transport Topics: Husch Blackwell Partner David Hendel on Long Term Prospects for the U.S. Postal Service
Documents by this lawyer on Martindale.com
More forms ahead for contractors on “Fair Pay and Safe Workplaces”
David P. Hendel, August 11, 2014
Contractors will have more forms to fill out, and possibly some explaining to do, when the recently issued Executive Order on Fair Pay and Safe Workplaces is fully implemented in 2016. The Executive Order requires offerors to disclose whether they have been found to have violated, within the past 3...
U.S. Postal Service Plays the Terrorist Card against Whistleblower
David P. Hendel, July 24, 2014
Retaliating against an employee for reporting safety violations, the U.S. Postal Service asserted baseless terrorism charges against him. As a result, the employee was dismissed from his job, arrested, detained, harassed, criminally charged with committing acts of terrorism, and subjected to an...
Is Mail Dead?
David P. Hendel, April 10, 2014
Is mail dead? Let’s ask Google, the ubiquitous source of all things online. This should be a lay-up on the home court of those who would say yes. And guess what. The top ten results for a Google search of “Is mail dead?” produces seven articles on why e-mail is dead, two unrelated...
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