James Y. Boland

Partner
Boland James

James Boland is an experienced government contracts attorney who helps clients navigate complex legal issues related to their contractual relationships with both the federal government and commercial teaming partners. His practice focuses primarily on traditional government contract claims and disputes, bid protests, and prime/subcontractor commercial litigation. James also advises clients in connection with small business size/compliance, teaming and subcontracting, internal and external investigations, cost audits, and Service Contract Act (SCA) issues.

James prepares, negotiates, and litigates all types of government contract claims, including those relating to default or convenience terminations, changes, delay, breach of contract, misappropriation of trade secrets and intellectual property, SCA and wage determinations, disallowance of costs, past performance assessments, and prompt payment.  James also represents clients in connection with commercial disputes between prime and subcontractors associated with government contracts, including common issues of teaming, non-solicitation, non-compete, and termination of subcontracts.

James represents both U.S.-based and international contractors, ranging from large defense and intelligence contractors, and mid-sized IT contractors and consultants, to small service providers and subcontractors. He serves nearly every major industry, including defense, security, manufacturing, construction, maritime, transportation and logistics, custodial, healthcare, IT, and professional services.

James regularly practices before all traditional government contracts venues, such as the Government Accountability Office (GAO), Armed Services Board of Contract Appeals (ASBCA), Civilian Board of Contract Appeals (CBCA), Federal Aviation Administration (FAA) Office of Dispute Resolution for Acquisition (ODRA), Small Business Administration (SBA) Office of Hearings and Appeals (OHA), Defense Office of Hearings and Appeals (DOHA), U.S. Court of Federal Claims, and U.S. Court of Appeals for the Federal Circuit, in addition to representing clients before various state courts or in arbitration.

Experience

Representative Matters

  • 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

  • Protested award of $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 WL 157739)
  • Protested 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 start of new procurement (EDC Consulting, LLC, et al., B-414175.10, June 9, 2017, 2017 CPD ¶ 185)
  • Successfully 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 permanent injunction preventing the Department of Health and Human Services from canceling solicitation and prohibiting certain individuals from further participation in procurement due to misconduct (Starry Assocs., Inc., 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 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 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)

Insights

Credentials
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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. District Court for the District of Columbia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • 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

  • President-elect, Board of Governors, Court of Federal Claims Bar Association
  • 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

Recognition
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  • Listed in Legal 500, Government Contracts, 2016, 2018 - 2019
  • Recipient, Benjamin R. Civiletti Pro Bono Lawyer of the Year, 2014

Community
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Pro Bono

  • Active in the firm’s pro bono program. Several of these matters have included actions before the Social Security Administration, U.S. Court of Federal Claims, and the U.S. Court of Appeals for the D.C. Circuit