James G. Peyster

Overview

James G. Peyster is a counsel in Crowell & Moring's Government Contracts Group.

James' practice focuses on a wide range of government procurement law, including bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims, contract claims at the Board of Contract Appeals, prime/sub disputes, and counseling clients on a wide range of matters, including compliance programs, procurement integrity, and identification and resolution of organizational and personal conflicts of interest.

In his particular experience with federal bid protests, James has litigated every category of procurement dispute from both the side of the protester as well as the side of the awardee/intervenor, including technical evaluation challenges, price and cost realism disputes, past performance challenges, key personnel bait-and-switch allegations, objections to best value tradeoff determinations, organizational and personal conflicts of interest allegations, Procurement Integrity Act disputes, challenges to sole-source award determinations, and pre-award challenges to the terms of government solicitations. James has also litigated protests with small and disadvantaged business issues, as well as GSA Federal Supply Schedule contracts. James has participated in numerous GAO hearings and argued bid protests before the Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. James also has experience litigating state-level bid protests in several different states.

In addition, James has experience in class action litigation defense and has represented multiple military veterans on a pro bono basis in appeals to the U.S. Court of Appeals for Veterans Claims of their VA disability benefits determinations. He was the lead attorney and gave the oral argument in the matter of Bartlett v. Shinseki, which led to a precedent-setting victory in a dispute over the interpretation of the grant of benefits coverage in 38 U.S.C. § 1151 for injuries incurred by patients at VA medical facilities through the negligent administration of hospital care.

James has been recognized by Super Lawyers as a "Rising Star" in government contracts since 2014.

James' practice focuses on a wide range of government procurement law, including bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims, contract claims at the Board of Contract Appeals, prime/sub disputes, and counseling clients on a wide range of matters, including compliance programs, procurement integrity, and identification and resolution of organizational and personal conflicts of interest.

In his particular experience with federal bid protests, James has litigated every category of procurement dispute from both the side of the protester as well as the side of the awardee/intervenor, including technical evaluation challenges, price and cost realism disputes, past performance challenges, key personnel bait-and-switch allegations, objections to best value tradeoff determinations, organizational and personal conflicts of interest allegations, Procurement Integrity Act disputes, challenges to sole-source award determinations, and pre-award challenges to the terms of government solicitations. James has also litigated protests with small and disadvantaged business issues, as well as GSA Federal Supply Schedule contracts. James has participated in numerous GAO hearings and argued bid protests before the Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. James also has experience litigating state-level bid protests in several different states.

In addition, James has experience in class action litigation defense and has represented multiple military veterans on a pro bono basis in appeals to the U.S. Court of Appeals for Veterans Claims of their VA disability benefits determinations. He was the lead attorney and gave the oral argument in the matter of Bartlett v. Shinseki, which led to a precedent-setting victory in a dispute over the interpretation of the grant of benefits coverage in 38 U.S.C. § 1151 for injuries incurred by patients at VA medical facilities through the negligent administration of hospital care.

James has been recognized by Super Lawyers as a "Rising Star" in government contracts since 2014.

Career & Education

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Bates College, B.A., magna cum laude, Phi Beta Kappa, 2002
University of Michigan Law School, J.D., 2007
- Bates College, B.A., magna cum laude, Phi Beta Kappa, 2002
- University of Michigan Law School, J.D., 2007
District of Columbia
Maryland
U.S. Court of Federal Claims
U.S. Court of Appeals for Veterans Claims
U.S. Court of Appeals for the Federal Circuit
- District of Columbia
- Maryland
- U.S. Court of Federal Claims
- U.S. Court of Appeals for Veterans Claims
- U.S. Court of Appeals for the Federal Circuit

James's Insights

Speaking Engagement | 05.16.22

"Bid Protests: Protecting Your Rights," Back Together Again for OOPS 2022, Washington, D.C.

Speaking Engagement | 05.16.22
"Bid Protests: Protecting Your Rights," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2022, Washington, D.C.
Speaking Engagement | 02.23.21
"The Revolving Door Swings Again: Considerations & Best Practices in the New Administration," Crowell & Moring Webinar
Webinar | 02.03.21
The Revolving Door Swings Again: Considerations & Best Practices in the New Administration

View All Insights

Representative Matters

Some of James' recent representations on behalf of protesters include:

Successfully protested two different award decisions by the U.S. State Department in a procurement for criminal justice program support services to implement civilian police and criminal justice assistance programs overseas. The protests were sustained on an array of technical evaluation challenges and to the past performance evaluation. Protest #1: The Emergence Group, B-404844.5, et al, Sept. 26, 2011, 2012 CPD ¶ 132; Protest #2: The Emergence Group, B-404844.7, Feb. 29, 2012, 2012 CPD ¶ 133.

Successfully protested the award of a contract by the Centers for Medicare and Medicaid Services for zone program integrity contractor (ZPIC) services generally related to the auditing of participants in various Medicare programs, receiving sustains on multiple issues including cost realism and flaws in the best value tradeoff analysis. TriCenturion, Inc.; SafeGuard Services, LLC, B- 406032, et al., Jan. 25, 2012, 2012 CPD ¶ 52.

Represented major IT support contractor in successfully challenging award of a contract by the U.S. Special Operations Command where agency had allowed the incumbent awardee to compete on a fundamentally different basis than all other prospective contractors. IBM Global Business Services, B-404498, Feb. 23, 2011, 2012 CPD ¶ 36. Then successfully protested the resulting corrective action at the Court of Federal Claims on the basis that the agency failed to conduct a sufficient OCI investigation based on information obtained by the incumbent. Jacobs Technology Inc. v. U.S., 100 Fed. Cl. 198 (Fed. Cl. 2011).

Represented military healthcare insurance provider in a landmark GAO bid protest of the Department of Defense, TRICARE Management Activity's award of a $16 billion managed care service contract, winning on numerous issues, including unfair competitive advantage, price realism, and past performance. Health Net Federal Services, B-401652.3, B-401652.5, Nov. 4, 2009, 2009 CPD ¶ 220.

Represented major telecommunications client in successful pre-award protest of an organizational conflict of interest ("OCI") disqualification where the Department of the Navy failed to provide offeror with an opportunity to respond to conflict concerns and present a mitigation plan. AT&T Government Solutions, Inc., B-400216, Aug. 28, 2008, 2008 CPD ¶ 170.

Represented IT solutions re-seller in a successful challenge of the General Services Administration's refusal to award contract for inclusion on the Federal Supply Schedule. Carahsoft Technology Corporation; Allied Technology Group, B-311241, B-311241.2, May 16, 2008, 2008 CPD ¶ 119.

Some of James' recent representations on behalf of contract awardees include:

Successfully defended a bid protest at the GAO where a disappointed offeror challenged the Department of Defense, TRICARE Management Activity's award of a $20 billion contract to provide TRICARE managed care service, defeating challenges to nearly every facet of the evaluation process including, technical, price, past performance, and OCI. TriWest Healthcare Alliance Corp., B-401652.12, July 2, 2012, 2012 CPD ¶ 191.

Successfully defended COFC protest and Federal Circuit Appeal of protest of an Army award of a contract to manage two Family Health Centers in Virginia, defeating allegations of improper OCIs, improper discussions, and numerous evaluation challenges. CRAssociates, Inc. v. U.S., 102 Fed. Cl. 698, (Fed. Cl. 2011), appeal denied per curiam at 475 Fed. Appx. 341 (Fed. Cir. Aug. 14, 2012)

Successfully defended a bid protest at both the GAO and the Court of Federal Claims where a disappointed offeror challenged the Department of Defense, TRICARE Management Activity's award of a $3 billion contract to provide dental insurance to active-duty military dependents and retired military personnel, including defeating challenges to technical and past performance, as well as information security compliance under the DIACAP program. GAO: United Concordia Companies, Inc., B-404740, April 27, 2011, 2011 CPD ¶ 97; COFC: United Concordia Companies, Inc. v. U.S., 99 Fed. Cl. 34 (Fed. Cl. 2011).

Successfully defended protest of three sole source contract awards for the continued development of the sophisticated Navy AEGIS weapons system. Raytheon Company-Integrated Defense Systems, B-400610, Dec. 22, 2008, 2009 CPD ¶ 10.