Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts
Daniel S. Herzfeld
Mr. Herzfeld is Counsel and a member of the firm’s Government Contracts & Disputes team. He has over a decade of experience counseling and litigating government contracts matters. He concentrates on all aspects of government contract counseling and litigation, including bid protests at federal agencies, U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims (CFC), and U.S. Court of Appeals for the Federal Circuit (Federal Circuit); Contract Disputes Act claims and claims litigation involving contractor and government claims at the CFC, Federal Circuit, and the boards of contract appeals; counseling clients regarding GSA schedules and task and delivery order contracts, teaming agreements, and subcontracts, intellectual property issues, past performance issues, cost accounting issues, compliance and ethics, and grants and cooperative agreements.
Dan served as a law clerk to the Honorable Diane Gilbert Sypolt, Judge, U.S. Court of Federal Claims, from August 1999 through August 2000. Dan currently serves as a co-chair of the American Bar Association’s Public Contract Law Section’s Bid Protest Committee for the 2012-2013 term.
Emergint Technologies, Inc., B-407006, Oct. 18, 2012, 2012 CPD ¶ 295 (successfully led protester’s legal team in challenging a $78 million task order award where the Centers for Disease Control and Prevention conducted an improper price realism analysis and improperly evaluated client’s technical proposal).
NCI Info. Sys., Inc., B-405745, Dec. 14, 2011, 2011 CPD ¶ 280 (successfully led protester’s legal team in this challenge to a task order award by the U.S. Department of the Air Force, where the awardee had submitted an untimely final proposal revision).
AIS Eng’g, Inc., B-406186, Mar. 7, 2012, 2012 CPD ¶ 106 (successfully led legal team defending the award of $11 million contract by the Defense Information Systems Agency to client).
New Jersey & H St., LLC, B-311314.3, June 30, 2008, 2008 CPD ¶ 133 (part of legal team that successfully challenged General Services Administration’s lease award and recovered bid preparation and proposal costs).
The CNA Corp. v. United States, 83 Fed. Cl. 1 (2008), aff’d, 332 Fed. Appx. 638 (Fed. Cir. Sep 15, 2009) (part of legal team that successfully received both injunctive relief and bid preparation and proposal costs for client, where the CFC concluded that the agency improperly found client ineligible to participate).Contract Claims Litigation:
Nebraska Pub. Power Dist. v. United States, 590 F.3d 1357 (Fed. Cir. 2010) (en banc) (part of legal team that successfully won appeal for client and clarified the standard for determining when it is appropriate to challenge agency action under the Administrative Procedure Act in the district courts or regional circuits and when breach of contract claims are appropriately brought to the CFC).
Northern States Power Co. v. United States, 78 Fed. Cl. 449 (2007), reconsideration denied, 79 Fed. Cl. 748 (2007) (part of trial team that successfully won a judgment of $116 million in bench trial).
In 2011, served as lead counsel in challenging default termination at the Civilian Board of Contracts Appeals, where agency ultimately agreed to converting default termination to a termination for the convenience of the government.
Served as lead counsel representing several clients at the Armed Services Board of Contract Appeals challenging government claims alleging failure to comply with the Federal Acquisition Regulation’s cost principles or the Cost Accounting Standards.Size Protests & Appeals:
Size Appeal of AIS Eng’g, Inc., SBA No. SIZ-5348 (May 3, 2012) (successfully led team in defending client from appeal challenging client’s size status).
American Bar Association, Public Contract Law Section; Court of Federal Claims Bar Association; Federal Circuit Bar Association
U.S. Supreme Court, U.S. Court of Appeals for the Federal and District of Columbia Circuits; U.S. Court of Federal Claims
“BACK TO SCHOOL: Bid Protest Developments During The Summer Of 2012,” (Speaker) American Bar Association, Public Contract Law Section, Bid Protest Committee, Washington, DC, September 29, 2012
“Legal Theories, Including Recent Developments, to Respond to Government Cost Claims,” Pillsbury’s Government Contracts Executive Roundtable Series, McLean, VA, June 19, 2012
“Past Performance Determinations Discussion” (Moderator) American Bar Association, Public Contract Law Section, Bid Protest and Contract Claims and Disputes Resolution Committees, Washington, DC, April 17, 2012
"Significant Recent Bid Protest Decisions," (Speaker) American Bar Association, Public Contract Law Section, Bid Protest Committee, Washington, DC, May 18, 2010
"Recent FAR Changes That Can Impact Your Company," Pillsbury's Government Contracts Executive Roundtable Series, McLean, VA, December 10, 2009
"Pre-Award Bid Protests," (Moderator) American Bar Association, Public Contract Law Section, Bid Protest Committee, Washington, DC, January 15, 2008External Publications
The New Rules Governing Real Property Leasing by GSA, Government Leasing News, Authors: Alex D. Tomaszczuk, Daniel S. Herzfeld, Fall 2011
FEATURE COMMENT: NAFI Doctrine No More—The Federal Circuit's Slattery v. U.S. Ends The Non-Appropriated Funds Instrumentality Doctrine As We Know It, The Government Contractor, Author: Daniel S. Herzfeld, May 11, 2011
Turning Silver Into Gold: Recovering Protest Costs or Bids & Proposal Costs in Procurement Protests, Briefing Papers Second Series, Thomson Reuters, Authors: Daniel S. Herzfeld, Evan D. Wesser, March 2010
Should GSA Add a Limited Termination for Convenience Clause to Its Leases? Some Recent Decisions Counsel That It Should., Government Leasing News, Authors: Alex D. Tomaszczuk, Daniel S. Herzfeld, Winter 2009
Feature Comment: Ending Ambiguity - The Federal Circuit Ends The COFC Debate On When A Bid Protest Challenging The Terms Of A Solicitation Must Be Filed, The Government Contractor, Author: Daniel S. Herzfeld, August 22, 2007
Leasing Real Property to the U.S. Government, Authors: Alex D. Tomaszczuk, Daniel S. Herzfeld, David Miller, Barry Segal, Devon Hewitt, 1998