James G. Peyster is an associate in Crowell & Moring’s Government Contracts Group. 

Experience:

James’ practice focuses on a wide range of government procurement law, including bid protests before the Government Accountability Office and the United States Court of Federal Claims, litigating contract claims at the Board of Contract Appeals, and counseling clients on a wide range of matters, including compliance programs, procurement integrity, and identification and resolution of organizational conflicts of interest.

Some of James’ recent representations include:

• 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. United Concordia Companies, Inc., B-404740, April 27, 2011, 2011 CPD ¶ __ (http://www.gao.gov/decisions/bidpro/404740.htm); United Concordia Companies, Inc. v. United States, No. 11-276C, 2011 WL 2906142 (Fed. Cl. July 1, 2011) (http://law.justia.com/cases/federal/district-courts/federal-claims/cofce/1:2011cv00276/26020/82)
• Represented major IT support contractor in successfully challenging award of a contract by the US Special Operations Command where agency had allowed the incumbent awardee to compete on a fundamentally different basis than all other prospective contractors.  Then successfully defended the GAO win when the former awardee challenged GAO’s reasoning before the U.S. Court of Federal Claims.  Jacobs Technology v. United States, No. 11-180C, 2011 WL 3100353, (Fed. Cl. June 8, 2011) (http://law.justia.com/cases/federal/district-courts/federal-claims/cofce/1:2011cv00180/25908/91)
• 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.  (http://www.gao.gov/decisions/bidpro/4016523.htm)
• 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 (http://www.gao.gov/decisions/bidpro/400610.htm)
• Represented major telecommunications client in successful 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. (http://www.gao.gov/decisions/bidpro/400216.htm)
• Represented IT solutions re-seller in a successful challenge of the General Service 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.  (http://www.gao.gov/decisions/bidpro/311241.pdf)

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 that 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.

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Admissions/Affiliations

Admitted to practice: District of Columbia, Maryland, U.S. Court of Federal Claims

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Alerts & Newsletters

• "CORRECTION: Congress to Vote on Radically Altering CFC's Bid Protest Timeliness Rules," Government Contracts Bullet Points (May 15, 2012). Contacts: Thomas P. Humphrey, Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "Failure to Comply with Section L Instructions Invalidates Award," Government Contracts Bullet Points (April 13, 2012). Contacts: Daniel R. Forman, James G. Peyster.


• "CFC Weighs in on Timeliness of OCI Protest," Government Contracts Bullet Points (January 26, 2012). Contacts: Amy Laderberg O'Sullivan, James G. Peyster.


• "Final Rule Governing Personal Conflicts of Interest of Contractor and Subcontractor Employees Supporting or Performing Certain Acquisition Functions," Government Contracts Bullet Points (November 2, 2011). Contacts: Shauna E. Alonge, Peter Eyre, James G. Peyster.


• "Chance to Change Pricing Generally Required After Corrective Action," Government Contracts Bullet Points (October 27, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "How Do You Prove Prejudice in a Protest?," Government Contracts Bullet Points (September 26, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "CFC Faults Agency for Circumventing Protests," Government Contracts Bullet Points (July 20, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "Section 508 Compliance Takes Hit from the Federal Circuit," Government Contracts Bullet Points (June 23, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "No Preferential T&C's Mods Allowed for Commercial Item Buys," Government Contracts Bullet Points (June 20, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "Likely OCI Due to Unequal Information Access Yields PI," Government Contracts Bullet Points (June 17, 2011). Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre, James G. Peyster.


• "Proposed FAR Provision Governing Organizational Conflicts of Interest," Government Contracts Bullet Points (April 26, 2011). Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre, James G. Peyster.


• "Auction Concept Still Lives at CFC," Government Contracts Bullet Points (November 10, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "No Tolerance For Not Meeting Storage Requirements," Government Contracts Bullet Points (May 3, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.


• "D.C. Circuit Overturns Decision To Release Manufacturing Data Under FOIA," Government Contracts Bullet Points (April 5, 2010). Contacts: Thomas P. Humphrey, John E. McCarthy Jr., James G. Peyster.

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Speaking Engagements

• "The Conflicting Evolution of the Procurement Integrity Act," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C. (May 9-10, 2012). Speaker: James G. Peyster.
  
  
• "Conflicts of Interest in Government Contracting: Reducing Risk in an Age of Increased Visibility," L2 Federal Resources, Crowell & Moring Webinar (February 9, 2012). Co-Presenters: Peter J. Eyre and James G. Peyster.
  
  
• "Understanding and Implementing the New FAR Contractor Personal Conflicts of Interest Provisions," Crowell & Moring Webinar (November 16, 2011). Co-Presenters: Shauna Alonge, Peter Eyre and James Peyster.
  
  
• "OCI's & PCI's: New Rules, New Cases, and New Implications For Compliance and Business Planning," Ounce OF Prevention Seminar (OOPS) XXVII (May 25-26, 2011). Moderator: Thomas P. Humphrey. Speakers: Elizabeth W. Newsom and James Peyster.