July 13, 2021

Jack Horan Discusses Alleged Bias Suit Against the USPS With NPR

In “Company That Wasn’t Picked To Make Mail Trucks Is Suing The U.S. Postal Service,” NPR turned to government and regulatory affairs partner Jack Horan for insight on a suit filed by an electric vehicle manufacturer against the U.S. Postal Service (USPS) for what it alleges was bias in picking a company to make the latest fleet of USPS delivery trucks.

According to the publication, the suit alleges that Workhorse was unfairly penalized by the USPS because one of its prototypes rolled out of control during testing. The company claims this was the USPS driver’s fault for not putting the truck in park. Horan said it might be hard for the company to prove such a bias.

“For those types of allegations, it’s an especially high hurdle because the courts presume that government officials are acting in good faith and require a significant amount of proof to establish bad faith or bias,” Horan explained.

Horan also noted the agency’s quasi-independent status means it’s governed by a different set of rules. “It’s not covered by the usual procurement regulations that apply to federal agencies. As a result of that, the USPS has more business discretion and leeway in handling its procurement than other government agencies.”

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