James G. Peyster

Counsel

jpeyster@crowell.com

Washington, D.C.

+1.202.624.2603

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.

Representative Matters

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.

Insights

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Speeches & Presentations

"Bid Protests: Protecting Your Rights," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2022, Washington, D.C. (May 16, 2022). Speakers: Daniel Forman, Anuj Vohra, Cherie Owen, and James Peyster.
"Bid Protests: Protecting Your Rights," Back Together Again for OOPS 2022, Washington, D.C. (May 16, 2022). Speakers: Daniel Forman, Anuj Vohra, Cherie Owen, and James Peyster.
"The Revolving Door Swings Again: Considerations & Best Practices in the New Administration," Crowell & Moring Webinar (February 23, 2021). Presenters: James G. Peyster, Robert J. Sneckenberg, and M. Yuan Zhou.
"Brace for Impact - Protest Reform that Could Affect Your Business," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C. (May 17, 2018). Presenters: Anuj Vohra, Mark A. Ries, Christian N. Curran, James G. Peyster, and Robert J. Sneckenberg.
"Organizational (and Other) Conflicts of Interest," ABA Section of Public Contract Law, Bid Protest Committee Event, Washington, D.C. (January 16, 2018). Moderator: Mark A. Ries; Panelist: James G. Peyster.
"Bid Protests: Continued March on Washington," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C. (May 4, 2017). Presenters: Amy Laderberg O'Sullivan, Thomas P. Humphrey, Olivia Lynch, James G. Peyster, and Robert J. Sneckenberg.
"What Will the New Year (and Administration) Bring for Government Contractors?" Crowell & Moring First 100 Days Webinar, Washington, D.C. (January 25, 2017). Presenters: Crowell & Moring Government Contracts Group.
"Thinking Strategically About Bid Protests: Frequently Overlooked Considerations," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C. (May 25-26, 2016). Moderator: Amy Laderberg O'Sullivan; Presenters: Thomas P. Humphrey, James G. Peyster, Olivia Lynch, and Robert J. Sneckenberg.
"Organizational and Personal Conflicts of Interest: New and Pending Rules," Webinar (May 11, 2016). Presenters: James G. Peyster and Robert J. Sneckenberg.
"What Will the New Year Bring," Crowell & Moring Webinar, Washington, D.C. (January 14, 2016). Presenters: Crowell & Moring Government Contracts Group.
"The Procurement Integrity Act: A High-Risk Area for Contractors," Thompson Information Services Webinar (July 29, 2015). Presenters: James G. Peyster and Robert J. Sneckenberg.
"Bid Protests: Avoiding Common Procurement Pitfalls," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C. (May 5-6, 2015). Moderator: Daniel R. Forman; Panelists: Thomas P. Humphrey, James G. Peyster, and Robert J. Sneckenberg.
"Organizational and Personal Conflicts of Interest: New and Pending Rules," Thompson Interactive Webinar (January 15, 2015). Presenters: Peter J. Eyre and James G. Peyster.
"What Will the New Year Bring: Bid Protests," Crowell & Moring Webinar (January 7, 2015). Presenters: Thomas P. Humphrey and James G. Peyster.
"Shifting Tides on the Bid Protest Front," OOPS 2014, Crowell & Moring's 30th Annual Ounce of Prevention Seminar, Washington, D.C. (May 13-14, 2014). Moderator: Amy Laderberg O'Sullivan; Presenters: Thomas P. Humphrey, James G. Peyster, and Olivia Lynch.
"Organizational Conflicts of Interest - Best Practices," Federal Publications Seminars (February 14, 2014). Presenters: Peter Eyre and James G. Peyster.
"What Will the New Year Bring: Bid Protests," Crowell & Moring Webinar (January 9, 2014). Presenters: Thomas P. Humphrey and James G. Peyster.
"Suspension and Debarment," OOPS 2013, Crowell & Moring's 29th Annual Ounce of Prevention Seminar, Washington, D.C. (May 15-16, 2013). Moderator: Angela B. Styles; Presenters: Peter Eyre, Richard Arnholt, and James G. Peyster.
"Organizational Conflicts of Interest (OCIs) and Personal Conflicts of Interest (PCIs): New and Pending Rules," L2 Federal Resources Webinar (March 7, 2013). Presenters: Peter Eyre and James Peyster.
"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.

Publications

"Hiring a Former Government Official? Obtain and Hold On to the Ethics Letter," Crowell & Moring's Government Contracts Legal Forum (August 6, 2015). Authors: Peter J. Eyre, James G. Peyster and Robert J. Sneckenberg.
"Revising The Tucker Act: Changes For The Better?" Law360 (June 7, 2012). Authors: Frederick W. Claybrook, Jr. and James G. Peyster

Client Alerts & Newsletters

"GAO Faults USTRANSCOM’s Past Performance Evaluation of Awardee’s “Miniscule” Past Work," Government Contracts Bullet Points (April 3, 2017). Contacts: Daniel R. Forman, James G. Peyster, Charles Baek
"CFC Sustains Corrective Action Protest Where Solicitation Amendment Favored Original Awardee," Government Contracts Bullet Points (November 28, 2016). Contacts: Daniel R. Forman, James G. Peyster
"Federal Circuit Holds New Task Order Contract Awards Can Be Protested Without Full Procurement," Government Contracts Bullet Points (July 14, 2016). Contacts: Daniel R. Forman, James G. Peyster, Robert J. Sneckenberg
"Awardees in Multiple-Award Procurements Can Challenge Award Decisions to Fellow Awardees," Government Contracts Bullet Points (May 16, 2016). Contacts: Lorraine M. Campos, James G. Peyster, Robert J. Sneckenberg
"DoD Renews Its Request to Limit CFC Bid Protest Jurisdiction Dramatically," Government Contracts Bullet Points (April 22, 2016). Contacts: John E. McCarthy Jr., James G. Peyster
"GAO Proposed Rule Heralds New Electronic Filing System for Bid Protests," Government Contracts Bullet Points (April 18, 2016). Contacts: Daniel R. Forman, John E. McCarthy Jr., James G. Peyster, Olivia Lynch, Robert J. Sneckenberg
"Lack of Documented Award Defeats Discussions with Putative Awardee," Government Contracts Bullet Points (March 2, 2016). Contacts: Daniel R. Forman, James G. Peyster, Robert J. Sneckenberg
"GAO Rejects Rubber-Stamp LPTA Technical Evaluation," Government Contracts Bullet Points (December 14, 2015). Contacts: Daniel R. Forman, James G. Peyster, Robert J. Sneckenberg
"Price Realism Requirement Must Be Stated to Allow Unacceptability Finding," Government Contracts Bullet Points (November 25, 2015). Contacts: Daniel R. Forman, John E. McCarthy Jr., James G. Peyster, Robert J. Sneckenberg
"Conflict of Interest by Government Official," Government Contracts Bullet Points (November 23, 2015). Contacts: Thomas P. Humphrey, Peter Eyre, John E. McCarthy Jr., James G. Peyster
"Triple Whammy: Agencies Flunk Price Evaluations," Government Contracts Bullet Points (July 30, 2015). Contacts: Daniel R. Forman, James G. Peyster
"Unduly Restrictive Specification Requires Redo," Government Contracts Bullet Points (March 24, 2015). Contacts: Daniel R. Forman, John E. McCarthy Jr., James G. Peyster
"VA Allowed to Disregard Vet Preference," Government Contracts Bullet Points (June 13, 2014). Contact: James G. Peyster
"Awards Reinstated After Faulty 'Corrective Action'," Government Contracts Bullet Points (April 11, 2014). Contact: James G. Peyster
"Industrial Base Sole-Source Award Deficient," Government Contracts Bullet Points (April 4, 2014). Contacts: Thomas P. Humphrey, James G. Peyster, Olivia Lynch, Robert J. Sneckenberg
"GAO Introduces New Exception to Timeliness Rules," Government Contracts Bullet Points (February 10, 2014). Contacts: John E. McCarthy Jr., Daniel R. Forman, James G. Peyster
"Federal Circuit Extends 'Good Faith' Shield of Agencies," Government Contracts Bullet Points (August 12, 2013). Contact: James G. Peyster
"Price Realism Requirement Is Easily Triggered," Government Contracts Bullet Points (May 20, 2013). Contacts: Thomas P. Humphrey, James G. Peyster
"Government Receives Proposals When They Hit the Server," (May 13, 2013). Contacts: Daniel R. Forman, James G. Peyster
"Clean Energy Award Polluted," Government Contracts Bullet Points (February 26, 2013). Contacts: James J. Regan, Daniel R. Forman, James G. Peyster
"OMB Issues Strategic Plan to Improve Management of Section 508," Government Contracts Bullet Points (February 7, 2013). Contacts: Peter Eyre, James G. Peyster, Olivia Lynch
"Customary Commercial Practice Deserves Respect," Government Contracts Bullet Points (October 3, 2012). Contact: James G. Peyster
"Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits," Government Contracts Bullet Points (August 30, 2012). Contact: James G. Peyster
"CORRECTION: Congress to Vote on Radically Altering CFC's Bid Protest Timeliness Rules," Government Contracts Bullet Points (May 15, 2012). Contacts: Thomas P. Humphrey, 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: Peter Eyre, James G. Peyster
"Chance to Change Pricing Generally Required After Corrective Action," Government Contracts Bullet Points (October 27, 2011). Contact: James G. Peyster
"How Do You Prove Prejudice in a Protest?," Government Contracts Bullet Points (September 26, 2011). Contact: James G. Peyster
"CFC Faults Agency for Circumventing Protests," Government Contracts Bullet Points (July 20, 2011). Contact: James G. Peyster
"Section 508 Compliance Takes Hit from the Federal Circuit," Government Contracts Bullet Points (June 23, 2011). Contact: James G. Peyster
"No Preferential T&C's Mods Allowed for Commercial Item Buys," Government Contracts Bullet Points (June 20, 2011). Contact: 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). Contact: James G. Peyster
"No Tolerance For Not Meeting Storage Requirements," Government Contracts Bullet Points (May 3, 2010). Contact: 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

Press Coverage

Senate Proposes Major Changes to GAO Bid Protests
May 27, 2016 — PubKLaw
Government Contracts Group of the Year: Crowell & Moring
January 6, 2016 — Law360
Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
May 12, 2015 — Bloomberg BNA
5 Issues Gov't Contractors Need To Know About In 2015
January 7, 2015 — Law360
Pentagon Seeks to Shake Up Bid Protest Jurisdiction
May 15, 2012 — Government Contracts Law360, Quoted
GAO Sustains $10B Criminal Justice Contract Protest
April 12, 2012 — Government Contracts Law360, Quoted
Navy Sued After Yanking $35M Contract From Supplier
April 4, 2012 — Government Contracts Law360, Quoted

Firm News & Announcements

September 20, 2019	Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
February 22, 2019	Law360 Names Crowell & Moring's Government Contracts Group a "Practice Group of the Year" for the Ninth Consecutive Year
October 15, 2018	Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
October 31, 2017	Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
November 30, 2016	Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
October 27, 2015	Super Lawyers Recognizes 90 Crowell & Moring Attorneys
January 9, 2015	Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
September 30, 2014	Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
January 17, 2013	Crowell & Moring Elects Seven New Partners and Promotes Twelve Attorneys to Senior Counsel and Counsel Positions

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