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 & Recognitions
· U.S. Postal Service, Special Commendation for Meritorious Service, 1989
Professional Associations & 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
· 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.
9.30.13, U.S. Postal Service Won't Be Impacted by Looming Government Shutdown
9.24.13, USPS's Deregulated Purchasing Policies Stymie Defective Pricing Fraud Cases
3.28.13, U.S. Postal Service Hunting for Patent Infringers
12.17.12, The Ghosts of Postal Past, Present, and Future
10.23.12, Consultant and Attorney Costs are Recoverable Under Change Proposals
8.23.12, Postal Service Spent $2.8 Billion on Highway Transportation in 2011
8.1.12, Will the Postal Service's $5.5 Billion Default Impact its Contractors?
7.19.12, Another Postal Service Manager Pleads Guilty to Contract Fraud
6.10.12, Postal Contractor's Default Termination Overturned
4.24.12, Postal Service Breaches Oral Contract: Owes Contractor Lost Profit and Wages
1.16.12, USPS Revises Evaluation Criteria Rules; Creates New Purchasing Method
1.1.12, Advanced Topics in U.S. Postal Service Contracting
12.5.11, Cash-Strapped USPS Taps Evercore Partners As Its Guide Through Massive Restructuring, Transport Topics
11.22.11, Postal Service FY 2011 Spending Declines Slightly; Capital Spending Anemic
10.1.11, Making Sense of Your Postal Service Contract: Do You Really Understand What You Just Signed?, Revised Edition
9.6.11, USPS OIG to Evaluate Postal Service's Debarment and Suspension Program
7.26.11, Postal Service OIG Steps Up Contract Fraud Investigations
7.8.11, Can the U.S. Postal Service Go From Pauper to Prosperous?
6.27.11, "Postal Reform Act" would also reform USPS contracting
6.7.11, Will $13M Scandal Lead USPS To Better Procurement Regs?, LAW360
5.26.11, Will $13 million bribery scandal lead the Postal Service to reissue its procurement regulations?
4.28.11, Hiding employment history justifies default termination
3.25.11, Congressional Hearing on the Postal Service: "The Looming Crisis at USPS"
3.4.11, Having Trouble Getting Paid? File a Claim - Here's How
2.21.11, Postal Service Revises SPP Manual; Adds Competition Advocate
2.3.11, Postal Service Unveils FY 2010 - 2012 Strategic Plan for Supply Management
1.1.11, No Such Thing as "Extra Time" under an HCR Contract, National Star Route Mail Contractors Association Newsletter
12.1.10, Association Attorney Report at Eastern-Southern Regional Meeting, National Star Route Mail Contractors Association Newsletter
11.1.10, Default Termination Overturned: Pocketknife Not a Dangerous Weapon, National Star Route Mail Contractors Association Newsletter
10.1.10, Can the Postal Service Terminate Your Contract to Obtain a Better Price?, National Star Route Mail Contractors Association Newsletter
9.1.10, Reflections on the August 2010 Annual Convention, National Star Route Mail Contractors Association Newsletter
7.13.10, OIG Investigation Provides a Rare Peek Behind the USPS Curtain
7.1.10, The Mysterious World of the Cost Worksheet and Cost Statement, National Star Route Mail Contractors Association Newsletter
6.1.10, Making Sense of Your Postal Service Contract, National Star Route Mail Contractors Association Newsletter
5.1.10, Envisioning America's Future Postal Service, National Star Route Mail Contractors Association Newsletter
4.1.10, Rocky Start Leads to a Default Termination, National Star Route Mail Contractors Newsletter
3.1.10, Lots of Questions, and Some Answers: That's What You Get for Waking Up in Vegas, National Star Route Mail Contractors Association Newsletter
2.1.10, Postal Service Revises Its Regulations on Disagreements (i.e., Bid Protests), National Star Route Mail Contractors Association Newsletter
1.1.10, Legal Corner, The Star Carrier
1.1.10, Recovering Costs in a Convenience Termination, National Star Route Mail Contractors Association Newsletter
1.1.06, Misaddressed Reform: The U.S. Postal Service's New Procurement Guidelines, Legal Backgrounder
1.1.02, Contracting with the U.S. Postal Service I and II, Briefing Papers