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.
Some of James' recent representations on behalf of protesters include:
- 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.
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 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).
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.