James Y. Boland

Representative Matters

• Successfully argued an appeal in a case of first impression, finding jurisdiction in the district court under the Administrative Procedure Act to challenge an agency’s actions as contrary to the final decision of another agency’s contracting officer in violation of the Contract Disputes Act (Crowley Gov’t Servs., Inc. v. Gen. Servs. Admin., 38 F.4th 1099 (D.C. Cir. 2022))
• Prevailed in appeal permitting government contractor to pursue claims based on its employees’ alleged breach of their duty of loyalty, tortious interference with contract, and conspiracy to injure business (Adnet, Inc. v. Soni, 66 F.4th 510 (4th Cir. 2023))
• Obtained summary judgment against the Federal Emergency Management Agency in a dispute seeking more than $75 million in connection with transportation services to Puerto Rico and the U.S. Virgin Islands in the aftermath of Hurricanes Maria and Irma, resulting in one of the largest implicit ratification cases ever reported (Crowley Logistics, Inc. v. Department of Homeland Security, CBCA 6188, 6312, 20-1 BCA ¶ 37,579)
• Obtained judgment in the amount of the entire claim for damages associated with the Department of Agriculture’s improper rejection of raw coarse ground beef (American Beef Packers, Inc. v. Department of Agriculture, CBCA 6249, 2019 WL 4729443) 
• Secured summary judgment in favor of defendant from U.S. district court in suit alleging violation of non-solicitation clause in subcontract (Native Am. Industrial Solutions, LLC v. Advanced facility Mgmt. Servs., Inc., Case No. 17-00677 (M.D. Pa. Jan. 10, 2019))
• Obtained preliminary injunction from U.S. district court that reinstated a terminated subcontract and returned dozens of client’s poached employees in action alleging breach of contract and violation of non-solicitation clause (Beacon Assocs., Inc. v. Apprio, Inc., 308 F. Supp. 3d 277 (2018)) 
• Obtained reversal of trial court’s conclusion that an administrative judgment barred the plaintiff’s breach of contract action under the doctrine of res judicata, and found that the U.S. Court of Federal Claims had Tucker Act jurisdiction over certain settlement agreements, even when incorporated into a “consent decree” (Cunningham v. United States, 748 F.3d 1172 (Fed. Cir. 2014))
• Obtained favorable resolution of a split of authority in the Court of Federal Claims and regional federal circuits pertaining to Tucker Act jurisdiction over certain settlement agreements (Holmes v. United States, 657 F.3d 1303 (Fed. Cir. 2011))
• Secured reversal of a default termination and the award of 100% of the damages claimed after 4-day trial, including award of attorneys’ fees (ACM Constr. & Marine Grp., Inc., CBCA Nos. 2245, 2345, 14-1 BCA ¶ 35,537)
• Obtained dismissal of all counterclaims from U.S. district court in breach of subcontract dispute (Valador, Inc. v. Creative Business Solutions, Inc., Case No. 18-0629 (E.D. Va. Sept. 21, 2018)) 
• Negotiated favorable settlement of breach of contract claim against Army Contracting Command-Afghanistan arising under database management contract following successful mediation (ASBCA No. 60358)
• Obtained reinstatement of security clearance for CEO that had been revoked under Foreign Influence and Outside Activities guidelines (In re: *** Applicant for Security Clearance, ISCR Case No. 12-06729, April 4, 2013, 2013 WL 1796386)
• Negotiated successful resolution of substantial debt determination arising from U.S. Agency for International Development incurred cost audit
• Negotiated favorable settlement, including no debarment, with the Department of Labor in a Service Contract Act lawsuit (OALJ Case Nos. 2015-SCA-00014, -15)

Bid Protests

• Successfully protested the Air Force’s award of a $250 million contract to supports its Medium Altitude Unmanned Aircraft Systems Program and MQ-9 Reaper, resulting in reversal and award of the contract to client (B-418440)
• Prevailed in protest of the U.S. Transportation Command’s award of the $20 billion Global Household Goods contract (Connected Global Solutions, LLC, B-418266.4, Oct. 21, 2020, 2020 CPD ¶ 349)
• Successfully protested the Defense Logistics Agency’s evaluation of proposals to deliver fuel and other petroleum products in Alaska (Crowley Government Servs., Inc., et al., B-419347, Jan. 25, 2021, 2021 CPD ¶ 33)
• Protested the National Institutes of Health’s award of two contracts for the establishment of statistical and clinical coordinating centers, resulting in corrective action and a reversal of the original award decisions in favor of client (B-420192 and B-420491)
• In a case of first impression, successfully protested the U.S. Transportation Command’s decision to award a contract for enterprise IT services to a tribally-owned 8(a) concern on a sole-source basis after the agency had initiated an 8(a) set-aside competition in violation of 13 C.F.R § 124.506(b) (UpSlope Advisors, Inc., B-419036, Nov. 25, 2020, 2020 CPD ¶ 388)
• Protested the Department of Justice’s award of a multi-billion-dollar IDIQ contract, resulting in the award of an IDIQ contract to client (MetroStar Systems, Inc., B-416377.5, April 2, 2020, 2020 CPD ¶ 135)
• Prevailed in protest of challenging the U.S. Transportation Command’s award of a $45 million contract for enterprise IT services (CEdge Software Consultants, LLC, B-418128.2, March 19, 2020)
• Protested the Space and Naval Warfare Systems Center’s award of an $80 million cyber security support contract, resulting in outcome prediction and the award of the contract to client (B-418264)
• Challenged the Air Force’s evaluation and award of a $275 million task order to support Medium Altitude Unmanned Aircraft Systems, resulting in corrective action and award of the task order to client (B-418440)
• Challenged the Food and Drug Administration’s failure to award a Blanket Purchase Agreement for various IT systems lifecycle development and management support and ceiling of $150 million, resulting in corrective action and award of the BPA to client (B-418880)
• Protested the award of a $50 million Defense Finance & Accounting Service audit readiness contract based on alleged organizational conflict of interest, leading to award of the contract to client and reimbursement of attorneys’ fees (PricewaterhouseCoopers Public Sector, LLP-Costs, B-415205.3, May 9, 2018, 2018 CPD ¶ 185)
• Obtained dismissal of protest challenging Department of Energy contract for administrative support services based on protester’s lack of standing for 8(a) task order (MIRACORP, Inc., B-416917, Jan. 2, 2019, 2019 CPD ¶ 50)
• Protested the award of multiple software engineering IDIQ contracts by the Department of Homeland Security valued in excess of $1.5 billion, leading to cancellation of the solicitation and the start of new procurement (EDC Consulting, LLC, et al., B-414175.10, June 9, 2017, 2017 CPD ¶ 185)
• Defended evaluation of proposals and the fairness of discussions in procurement for the inspection and repair of U.S. Marine Corps MRAP vehicles (Raytheon Co., B-414057, Jan. 31, 2017, 2017 CPD ¶ 45; VSE Corp., B-414057.2, Jan. 31, 2017, 2017 CPD ¶ 44)
• Successfully protested elimination of client’s proposal from competition for multiple-award IDIQ contract by the General Services Agency due to perceived proposal errors, resulting in award of a contract to client (The McKinley Group, LLC-Advisory Opinion, B-413156.22, Oct. 14, 2016, 2017 CPD ¶ 101)
• Obtained a permanent injunction preventing the Department of Health and Human Services from canceling solicitation and prohibiting certain individuals from further participation in procurement because of misconduct (Starry Assocs., Inc., v. United States,125 Fed. Cl. 613 (2016))
• Invalidated 15-year fixed-price terms of a billion-dollar IDIQ contract solicitation issued by the General Services Administration as contrary to customary commercial practice (CW Government Travel, Inc. v. United States, 99 Fed. Cl. 666 (2013))
• Protested the General Services Administration’s award of a single IDIQ contract valued in excess of $1 billion as a violation of law where more than one source was qualified and capable of performing the work, resulting in award of a second IDIQ contract to client (CW Government Travel, Inc. v. United States, 110 Fed. Cl. 462 (2013))
• Obtained a permanent injunction against the U.S. Army’s award of a contract for publication and distribution of newspaper due to unequal treatment in the evaluation of proposals (Huntsville Times Co. Inc. v. United States, 98 Fed. Cl. 100 (2011))
• Protested award of contract for various IT support services in Bahrain by the Defense Information Systems Agency, finding agency’s evaluation of past performance was unequal (NOVA Corporation, B-408046, June 4, 2013, 2013 CPD ¶ 127)

Education

• J.D. American University, Washington College of Law 2005
• B.A. Mary Washington College 2002

Bar Admissions

• District of Columbia
• Virginia

Court Admissions

• U.S. Supreme Court
• U.S. Court of Federal Claims
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Court of Appeals for the Eighth Circuit
• U.S. District Court for the District of Columbia
• U.S. District Court for the Eastern District of Virginia

Clerk Experience

• Honorable Eric G. Bruggink U.S. Court of Federal Claims

Professional Memberships and Activities

• Member, U.S. Court of Federal Claims Advisory Council 
• Fellow, American Bar Foundation
• Past president, Board of Governors, U.S. Court of Federal Claims Bar Association
• Past co-chair, American Bar Association, Bid Protest Committee
• Past co-chair, ABA Small Business & Other Socioeconomic Programs Committee
• Past member, Tysons Regional Chamber of Commerce Board of Directors
• Past chair, Government Contracts Committee, Tysons Regional Chamber of Commerce

• Arlington Magazine, Top Attorney, 2021
• Virginia Lawyers Weekly, Leader in the Law, 2021
• Legal 500, Government Contracts, 2016, 2018 – 2020, 2023
• Venable LLP, Benjamin R. Civiletti Pro Bono Lawyer of the Year, 2014