Washington, DC
Biography
Professional experience
Education
Biography
We are deeply saddened to announce the unexpected passing of our friend, colleague, and partner, David Hendel, on July 1st after suffering a cardiac event while jogging near his home. David was unwaveringly cheerful, kind, witty, and incredibly passionate about his work. He truly made CM Law a better place, and we will miss him dearly. May all who knew him be blessed by his memory.
David’s legal career began as an Honors Attorney with the U.S. Postal Service General Counsel’s office, where he reviewed contracts, advised procurement officials, and litigated disputes. Entering private practice, he advised companies on issues arising under civilian and defense agency contracts, including matters of contract administration, performance, and compliance.
Soon enough, word got around that David was familiar with the Postal Service’s unique contracting environment, which is exempt from many federal procurement laws and has its own purchasing rules. Sought after by companies doing business with USPS or looking to do so, he has represented hundreds of clients, ranging from sole proprietors to Fortune 100 companies. He has worked with clients in many industries, including transportation and logistics, manufacturing, information technology, automotive, real estate and construction, materials handling, and robotics.
David’s government contracts practice has a wide berth. Clients have sought his advice on the bidding and award process, protests, contract administration, contract interpretation, subcontracting, compliance, contract changes, claims, payment issues, investigations, due diligence, audits, terminations, Freedom of Information Act requests, and suspension and debarment. He also has extensive experience assisting clients facing contract fraud investigations and False Claims Act claims.
Negotiated resolutions often produce the best outcomes for clients, so David seeks to find common ground and common-sense solutions. But when necessary, David is an active litigator, having represented clients in various forums, including: U.S. District Court, the U.S. Court of Federal Claims, the Postal Service Board of Contract Appeals (PSBCA), the USPS Supplier Disagreement Resolution Official (SDRO), and the General Accountability Office (GAO). He also provides training courses on contracting and compliance matters.
David is known for compiling an annual list of the Top 150 USPS contractors, which he has done for the past 20 years. He frequently presents seminars and writes articles on government contracting topics. David has also served as Association Attorney for the National Star Route Mail Contractors Association, whose members hold HCR and CDS contracts for the transportation and delivery of mail. He is author of the Thomson Reuters Briefing Paper, “Contracting with the U.S. Postal Service,” and often quoted in the media on postal contracting matters. For a collection of David’s materials relating to U.S. Postal Service contracts, please visit https://www.postalcontractor.com/.
Bidding and Contract Award
- Advised manufacturer competing for multibillion-dollar vehicle procurement on agency procurement process leading to award of prototype contract.
- Counseled on proposal preparation, teaming agreement, and other legal and contractual issues in large multi-$100 million services contract.
- Assisted air freight company bidding on nationwide air transportation network services contract, leading to billion-dollar contract award.
- Reviewed agency solicitation, advised on notable aspects of procurement process, counseled on legal impact of solicitation provisions, and drafted alternative and additional language for contractor’s winning proposal.
- Guided Fortune 100 company on agency procurement process and explained impact of solicitation terms and resulting contractual obligations.
Contract Administration
- Revised client’s subcontract agreements to make consistent with its government contract obligations, including revising agency contract clauses to flow-down to subcontractors.
- Advised client on contract interpretation and drafted correspondence to agency describing constructive changes to the contract.
- Provided government contracts, compliance, and ethical conduct training to contractor workforce at multiple locations.
Claims
- Prepared claim for shared energy savings contractor whose work was terminated for convenience and obtained favorable settlement.
- Led team that prepared and drafted claims amounting to over $700 million for changes and changed conditions under government contract to provide facilities, mail processing, and transportation services.
- Prepared claims for additional service and changed work under multiple transportation services contracts.
- Drafted contract claims for multiple service changes, negotiated with agency, and reached amicable resolution and settlement.
Litigation
- Brought action in federal court on behalf of multiple trucking companies challenging agency decision to in-source work being performed by private contractors.
- Obtained preliminary injunction in U.S. District Court overturning agency’s revocation of contractor’s security clearance and won award of attorney fees for governmental bad faith.
- Successfully defended company against federal court protest challenging client’s award of multi-year computer products and services contract.
- Defeated disappointed bidder’s protest in the U.S. Court of Federal Claims seeking to overturn award to client of multi-year stamp manufacturing contract.
- 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.
Government investigations of fraud and False Claims Act matters
- Represented software and logistics company in responding to multiple document demands by federal law enforcement agency. Successfully persuaded agency to withdraw subpoenas and proceed through voluntarily document production. Negotiated with agency to limit breadth, subject matter, and period covered by agency document demands. Collected, reviewed, and provided documents to agency with pertinent explanations as needed, causing agency to end the investigation with no charges brought.
- Advised large transportation provider on responding to Civil Investigative Demand for extensive data set that was generated domestically and internationally over multiple years involving hundreds of millions of individual units.
- Represented major advertising agency in responding to federal law enforcement agency subpoena for extensive list of cost records, timesheets, files, memoranda, subcontracts, personnel records, payroll records, contract administration files over a four-year period. Negotiated with law enforcement agency to reduce scope of subpoena. Led response to subpoena. After review of materials, agency dropped investigation.
- Represented trucking company investigated for using fuel bought with agency funds on non-agency work and demonstrated such usage was proper under the terms of its contracts.
- Represented multibillion-dollar Postal Service contractor investigated by the USPS Inspection Service for false claims based on allegedly inflated invoices and double-billing. Led effort that resulted in the Postal Service lifting its suspension of the contractor, abandoning its false claims allegations, and restoring normal contractual relations. Several years later, the contractor won the Postal Service’s Quality Supplier Award.
- Represented Postal Service contractor investigated for civil and criminal false claims in connection with submission of invoices for professional services and written report. Persuaded Assistant United States Attorney not to bring civil or criminal charges and obtained a settlement that paid the contractor in full on the contested invoices.
- Represented Postal Service construction contractor in alleged false claims and false statements arising under 50+ project work orders. Brought affirmative legal action on behalf of contractor seeking full payment for the same work orders being investigated for false claims. Ultimately, the Government dismissed its false claims action and made full payment to the contractor on all questioned work orders, in addition to payments for interest, attorney fees, and a substantial settlement of client’s destruction of business claims.
- Represented Postal Service contractor in False Claims Act investigation related to submission of allegedly false statements accompanying thousands of invoices over multi-year period. Government alleged damages and penalties totaling more than $50 million. Led effort that resulted in mediation and settlement of action.
- Represented an airline investigated by Postal Service OIG for alleged false statements and false claims relating to cost statements, fuel, and carriage of passengers.
- Represented large transportation contractor in investigation commenced by search warrant executed by several dozen federal agents from several different agencies concerning alleged false statements and false claims, violations of Department of Labor regulations, and violations of Department of Transportation Hours of Service regulations. Led negotiations that resulted in settlement of civil claims.
- Made presentation to the USPS Office of Inspector General on the contractual aspects of a commonly used bid estimate form that is misleadingly called a “Cost Statement.” Demonstrated that amounts on these forms are not statements of actual cost or even accurate projections of estimated cost. After presentation, OIG discontinued investigations under that faulty theory.
- Represented software company president in government investigation relating to data and software security issues and compliance with contract requirements relating to software development and data security.
Recent Articles
- “Transportation Companies Dominate List of Top U.S. Postal Service Suppliers,” February 27, 2020
- “Contractors: Get ready for the new DOJ anti-trust task force!” November 14, 2019
- “Government contractor pleads guilty to fraud for paying drivers as independent contractors,” June 25, 2019
- “Transportation Companies Dominate 2018 List of Top U.S. Postal Service Suppliers,” March 19, 2019
- “Top U.S. Postal Service Suppliers Lists,” February 14, 2019
- “Can You be Forced to Sign this Contract Modification?” December 10, 2018
- “What the Lance Armstrong Settlement Agreement Tells Us about the Government’s Case,” June 27, 2018
- “The Top 150 U.S. Postal Service Contractors in Fiscal Year 2017,” March 14, 2018
- “Top U.S. Postal Services Suppliers for Fiscal Year 2017,” March 1, 2018
- “Circle C Construction: When the Government Pays Attorney’s Fees in a False Claims Act Case,” September 24, 2017
- “The Unique Changes Clause in Postal Service HCR Contracts,” May 19, 2017
- “Legal Corner,” The Star Carrier, monthly from 2008 – 2013
- “Transportation Companies Again Lead List of Top U.S. Postal Service Suppliers,” April 2022
- “Ruling May Aid Recovery Under Fixed-Price Service Contracts, Law360, February 1, 2022
Presentations, Seminars, and Speaking Engagements
- “The Wonderfully Complex World of E-commerce,” Transportation Lawyers Association Regional Seminar, January 21, 2022
- “Jumping Through Governmental Hoops: A Primer on Transportation Companies Contracting with Uncle Sam, ” Transportation Lawyers Association webinar, February 26, 2019
- “A Brief Walk Through Your HCR Contract’s Terms and Conditions,” January 15, 2019
- “The Latest and The Greatest: How to Prepare for the New DRO Environment, and the Best Tips from Previous Seminars,” January 16, 2018
- “Service Changes and Claims under HCR Contracts,” January 10, 2017
- “Claims and Disagreements,” January 19, 2016
- “The Most Important Court and Board Cases Affecting HCR Contractors,” January 13, 2015
- “Postal Service Contracting: What Every HCR Contractor Should Know,” April 25, 2015
- “HCR Contractors – You Do Have Rights!” January 14, 2014
- “Making Sense of Your Postal Service Contract,” January 16, 2013
- “Doing Business with the U.S. Postal Service,” May 8, 2009
Interesting Facts
David is an avid runner. He frequently competes in 10Ks, but his favorite race is the San Francisco half-marathon, which he has run for the past eight years. He also enjoys photography and specializes in 3-D photography.
Professional experience
- Husch Blackwell LLP
- Akerman LLP
- U.S. Postal Service Law Department
Education
- New York University School of Law, J.D.
- Brandeis University, B.A., magna cum laude
