Mark J. Stempler

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mstempler@bplegal.com
Professional Experience

Mark Stempler practices in the areas of government procurement law and construction litigation. He is Board Certified by the Florida Bar in Construction Law, and is certified as a LEED Green Associate by the United States Green Building Council. He represents clients in commercial and residential construction lawsuits, involving defects, delays, contractual disputes, mold claims, liens and lien disputes, bond claims, and insurance disputes. Clients include owners, developers, general contractors, subcontractors, design professionals, sureties, and manufacturers.

In the government procurement arena, Mr. Stempler often represents private companies doing business with government agencies during the contract bidding, negotiation and protest processes, and in regulatory and ordinance promulgation. He has represented companies in procurement protest disputes across Florida and in Washington D.C, and has helped clients win numerous multi-million dollar government contracts across many sectors, including construction, transportation, professional services, public housing and concessions. . Mr. Stempler also represents public agencies on a case by case basis. He is a frequent lecturer on procurement law and has authored numerous published articles on government procurement, protest procedures, and government regulations.

Notable Client Accomplishments

  • Obtained a ruling by the Fourth District Court of Appeal in Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida, which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.
  • Has handled administrative disputes involving the United States Government Accountability Office (“GAO”) and the Florida Division of Administrative Hearings (“DOAH”).
  • Successfully protested multi-million dollar contract awards by the United States Air Force through the GAO, resulting in corrective actions taken by the Air Force.
  • Defeated a bid protest and appeal to preserve a multi-million-dollar contract award to a leading national audit and tax firm to provide government auditing services for Broward County.
  • Defeated a bid protest and circuit court challenge in Broward County to preserve a multi-million dollar contract award to a janitorial services client for various County locations.
  • Defeated a challenge to the award of a multi-million dollar contract to a public transportation client by the South Florida Regional Transit Authority for operating services for the commuter bus system.
  • Won a bid protest against Palm Beach County regarding a multi-million dollar services contract at the Palm Beach County Airport.
  • Provided legal analysis and proposed regulations in Palm Beach and Broward Counties regarding for-hire vehicles including taxis, shuttle and Transportation Network Companies.
  • At the Palm Beach County School Board, secured and defended a multi-million-dollar contract for an education services client to provide supplemental academic instructional services, and overcoming a series of challenges at the Fourth District Court of Appeals, Division of Administrative Hearings, and at the School Board level.
  • Successfully defended a bid protest challenge to Broward County’s award of a contract for the construction of the new $200-million-plus Broward County Courthouse.

Activities & Memberships

  • Mr. Stempler is the Chair of the U.S. Green Building Council’s Palm Beach County Branch, and serves on the Board of Directors for the U.S. Green Building Council’s South Florida Chapter.
  • Member, City of West Palm Beach Sustainability Advisory Committee

Blogs

The Green Building Law Blog
The Construction Law Authority Blog

Media Articles & Quotes

"Pinning Uber Woes On Regulators A Hard Road For Cabbies," Law360, January 31, 2018

"Fort Lauderdale pulls vote on Drive Shack deal after business park owner protests," South Florida Business Journal, January 26, 2018

"Uber-Yellow Cab Dispute Answers Questions About What Can Be Hidden as Trade Secrets," Daily Business Review, January 12, 2018

“Trump’s ‘Buy American’ order will tighten the law on government contracts,” The Hill, June 5, 2017

"You Got Hurt? Let’s Check the Surveillance Footage",  Loss Prevention Magazine, March 7, 2017 

The 5 Uber-Taxicab Turf Wars To Watch
By Linda Chiem, Law360, May 6, 2016

State inaction drives Uber issues back home
By Mark Stempler, Sun Sentinel, March 18, 2016

Florida Lawmakers Inaction Leaves Muddy Road For Uber
By Nathan Hale, Law360, March 16, 2016

Florida House, Senate split on insurance standards Uber, Lyft must provide
Tampa Tribune, January 19, 2016 

Proposal to end local bans on Uber gains momentum in Florida House
Miami Herald,  December 2, 2015 

Palm Beach County Extends Uber Pact, Eyeing State Action
Law360, September 22, 2015 

Palm Beach County considers Uber-friendly Changes
Sun Sentinel, September 18, 2015, 6:24 PM

Fla. Atty Says County's Proposed Uber Rules Defy State Law
Law360, September 14, 2015

How Uber beat Broward County
South Florida Business Journal, September 4, 2015

Uber, Lyft Earn Permanent Place in South Florida
Government Technology, August 24, 2015

Uber, Lyft Appear to be in South Florida to Stay
The Miami Herald, August 23, 2015

Palm Beach County Backs Off of Tough Uber Rules; Fight Not Over
Palm Beach Post, August 18, 2015

Uber Wants Broward to Meet All its Demands
Sun Sentinel, July 8, 2015

Ride-Sharing Restrictions Target Uber to Protect Public
Daily Business Review, May 18, 2015

Broward County Puts Law and Public Safety Ahead of Uber's Economic Interests
Sun Sentinel, May 05, 2015















Bar Admissions
  • Florida, 2005
Court Admissions
  • United States District Court for the Northern District of Florida
  • United States District Court for the Southern District of Florida
Education
  • Florida International University College of Law, J.D., cum laude, 2005, Law Review Articles Editor
  • University of Miami, B.S., 1996
Publications
Article
Article
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Article
Common Bidding Mistakes February 25, 2011
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