Archives: Postal Service Contracting

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New seminar: Claims and Disagreements under Postal Service HCR contracts

Unpaid for work you performed on your HCR contract?  Can’t agree with the Postal Service on a contract price adjustment?  Not given a chance to bid on new work in your area? Learn about remedies for these problems at our new seminar, “Claims and Disagreements under Postal Service HCR contracts.”  Husch Blackwell partner David Hendel … Continue Reading

U.S. Postal Service board enters the digital age

PSBCA sealThe first Board of Contract Appeals to fully enter the digital age is the Postal Service Board of Contract Appeals, which recently issued new rules on electronic filing.  Although the PSBCA hears claims against the agency that provides U.S. Mail, that method of filing will no longer be allowed (absent permission). The Postal Service, however, is … Continue Reading

Top 150 U.S. Postal Service contractors for FY 2014

As it did last year and each of the previous eleven, Federal Express Corporation topped the list of the U.S. Postal Service’s largest suppliers in Fiscal Year 2014. EnergyUnited, which provides consolidated telecommunications and energy billing services to the Postal Service, once again held the second spot. The list of the top five USPS suppliers in FY … Continue Reading

Is the U.S. Postal Service actually over-funded?

Ever since the Postal Service “defaulted” on its annual $5.5 billion payment to the U.S. Treasury for retiree pre-funding obligations, it has been assumed that USPS is a pauper agency. But a new white paper issued by the USPS Office of Inspector General concludes that the value of the Postal Service’s real estate holdings, and … Continue Reading

Top 10 reasons why Postal Service contracting differs from other federal agencies

Not your typical federal agency, the U.S. Postal Service is an “independent establishment” of the executive branch of the United States government. (39 U.S.C. § 201.)  As a result, many federal procurement rules do not apply to the Postal Service. Here are the major differences between USPS’s purchasing policies and those of other federal agencies: … Continue Reading

Postal Service seeks next generation delivery vehicle

“Long-Life Vehicles” turned out to be a fully appropriate name for the fleet of 163,000 carrier vehicles the Postal Service first bought in 1987. Now looking to replace them, the Postal Service recently issued a Request for Information and Sources Sought notice for its “Next Generation Delivery Vehicle” (NGDV). Companies have until March 5, 2015 … Continue Reading

U.S. Postal Service to boost capital spending in FY 2015

Capital spending is making a comeback at the Postal Service from dangerously low levels. The Postal Service plans on tripling its capital spending commitments in Fiscal Year 2015. Under its recently issued Integrated Financial Plan for FY 2015, the Postal Service projects $2.2 billion in new capital commitments. This contrasts sharply with capital spending over … Continue Reading

U.S. Postal Service plays the terrorist card against whistleblower

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 extended campaign of public disparagement. That sounds like the exaggerated ranting of a … Continue Reading

Is mail dead?

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 articles, and … Continue Reading

FedEx tops list of U.S. Postal Service contractors in 2013

Federal Express Corporation was the U.S. Postal Service’s largest contractor in fiscal year 2013. The next largest USPS supplier was EnergyUnited, which provides consolidated telecommunication and energy billing services. Military air mail transportation provider Kalitta Air was third. Six of the Postal Service’s top 10 suppliers served the agency’s transportation needs. The Top 150 USPS supplier list is … Continue Reading

Postal Service sued for using “sexier” Statue of Liberty on stamp

When selecting a photo to use on its popular “Liberty” stamps, the Postal Service unknowingly used a replica of the 128-year old Statue of Liberty. Instead of the original version welcoming the tired, the poor, and the huddled masses in New York harbor,  USPS selected the “fresh-faced,” “sultry” and “sexier” 17-year old version summoning merry-makers … Continue Reading

“Accrual” of government claims under the Contract Disputes Act

The Contract Disputes Act imposes a six-year statute of limitations on all claims, whether they are asserted by the contractor or by the Government. See 41 U.S.C. § 7103(a)(4)(A). The limitations period begins to run upon accrual of a claim, which is “the date when all events . . . that fix the alleged liability of either … Continue Reading

USPS’s de-regulated purchasing policies stymie defective pricing fraud cases

De-regulation of the U.S. Postal Service’s purchasing policies has stymied the prosecution of defective pricing fraud cases, according to a September 18, 2013 report issued by the USPS Office of Inspector General (OIG).  U.S. Attorney’s offices have thus declined to criminally prosecute suppliers for submitting defective cost or pricing data in procurement actions valued at … Continue Reading

U.S. Postal Service hunting for patent infringers

“Oh, a-hunting we will go!” The U.S. Postal Service Office of Inspector General (OIG) is looking for a supplier to help it track down infringers of the agency’s patents and other intellectual property. Under a solicitation issued on March 26, 2013, the OIG intends to start with five patents that have the “highest potential for … Continue Reading

Consultant and attorney costs are recoverable under change proposals

Contractors are entitled to recover consultant and attorney costs reasonably incurred in preparing, pricing, and negotiating a change order under federal government contracts, including U.S. Postal Service contracts. That’s the holding in Tip Top Construction, Inc. v. Donahoe, No. 2011-1509, issued on September 19, 2012. The Court overturned a Postal Service Board of Contract Appeals … Continue Reading

Postal Service spent $2.8 billion on highway transportation in 2011

The Postal Service spent $2.8 billion on 16,993 Highway Contract Route (HCR) contracts in 2011, according to a newly released audit report by the U.S. Postal Service Office of Inspector General (OIG).  The OIG conducted the audit to assess the integrity of data in the Transportation Contract Support System (TCSS). OIG found the TCSS data is … Continue Reading

Will the Postal Service’s $5.5 billion default impact its contractors?

A double whammy has hit the U.S. Postal Service. At the close of business on August 1, 2012, the Postal Service failed to make a $5.5 billion payment owed the U.S. Treasury. And on September 30, 2012, the Postal Service defaulted on another $5.6 billion payment. Will this $11.1 billion default impact postal contractors?  No it won’t, according … Continue Reading

Another Postal Service manager pleads guilty to contract fraud

Yet another U.S. Postal Service manager has pled guilty to fraud and corruption charges relating to USPS transportation contracts. In March 2012, the former USPS Manager of Postal Vehicle Service Operations for the Bay Valley District in Oakland, CA was indicted in a $4.4 million fraudulent billing scheme. Last year, five Postal Service officials at the … Continue Reading

Postal contractor’s default termination overturned

Personal use of an undeliverable coupon by a mail delivery contractor violated postal regulations but did not justify the default termination of her contract.  The particular post office had allowed others in the office to use such undeliverable items, though that local practice violated postal regulations.  Although the Postal Service Board of Contract of Contract … Continue Reading