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“David’s presentations are always entertaining and educational. The materials are excellent references that I place in our library for office personnel to access as needed.”

Don Dorris, Postal Fleet Services Inc.

Overview

If you can’t fix it, feature it. That’s what compels David 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.

“David’s presentations are always entertaining and educational. The materials are excellent references that I place in our library for office personnel to access as needed.”

Don Dorris, Postal Fleet Services Inc.

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Industry

Services

Recognition

  • U.S. Postal Service, Special Commendation for Meritorious Service

Education

  • J.D., New York University School of Law
  • B.A., Brandeis University
    • magna cum laude

Admissions

  • District of Columbia
  • New York
  • Virginia
  • U.S. District Court, District of Columbia
  • U.S. District Court, Southern District of Illinois
  • U.S. Court of Appeals, Fourth Circuit
  • 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
  • Association for Postal Commerce (PostCom)
  • Boards of Contract Appeals Bar Association
  • District of Columbia Bar Association, Government Contracts and Litigation Section
  • National Star Route Mail Contractors Association, Association Attorney
  • Transportation Lawyers Association
Experience

Claims

  • 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 contractor before Postal Service Board of Contract Appeals (PSBCA) in action that led to conversion of default termination into termination for convenience and favorable monetary settlement.

Litigation

  • Represented agency official wrongfully discharged for alleged improper use of official mail. Obtained reversal of action, restoration of position, back wages and attorneys' fees.

Contract Administration

  • Advised and assisted client on multibillion-dollar USPS vehicle procurement, resulting in award of prototype contract.
  • 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.
  • Performed due diligence review and advised on licensing, patent and foreign ownership issues intertwined in hedge fund and internal management's buyout of company with substantial Department of Defense contracts.
  • Prepared materials for 70 contracts to new entity.
  • Organized and coordinated team that prepared and drafted contract claims in excess of $700 million under integrated facilities, services and transportation contract.
  • Advised contractor preparing proposal in response to solicitation for several hundred million dollar equipment purchase.
  • Reviewed agency contract for website development services and assisted client in negotiation over intellectual property terms.

Protests

  • Brought protest challenging Postal Service transportation contract, resulting in agency terminating challenged contract and awarding contract to client.
  • Defended contractor in federal court protest concerning online auction irregularities.
  • Filed protest with Postal Service Supplier Disagreement Resolution Official (PSSDRO), challenging evaluation of proposals and award of multimillion-dollar services contract.
  • Represented contractor whose products were improperly rejected based on agency's faulty interpretation of ambiguous contract specifications.
  • Brought protest in federal court that resulted in termination of disputed contract award and award to protester.

False Claims Act

  • Defeated government's False Claims Act action by obtaining full recovery on contractor's affirmative claims and eventual payment by government for interference with contractor's performance.
  • Demonstrated to prosecuting attorney that transportation contractor’s fuel usage complied with contract terms and did not constitute false statements, false claims, or criminal conduct.
  • Defended multiple contractors in False Claims Act investigations by Office of Inspector General and legal actions brought by U.S. attorneys.

Compliance

  • Advised software company in dispute with USPS over license agreement coverage.
  • Represented transportation contractor in litigation before PSBCA in dispute over fuel usage.
  • 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.
  • Opposed release of contractor's confidential information sought under Freedom of Information Act request with favorable results.
Outside the Office

David is an avid runner.

He frequently competes in 10Ks, has run the San Francisco half marathon eight years in a row, and has completed the Pikes Peak half-marathon. 

He also enjoys photography and specializes in 3-D photography.

USPS Contracting

Recognizing the difference between contracting with the Postal Service and other government agencies, David has developed and presented seminars and courses on postal contracting that have attracted more than 1,000 contractors. Since 2001, he has annually compiled and published a list of the Postal Service's top suppliers.

David also conducts an annual seminar and writes a monthly column on postal contracting for the newsletter of the National Star Route Mail Contractors Association, composed primarily of trucking companies.

Follow David on Twitter