James Boland is a member of the firm’s Government Contracts Group. Mr. Boland’s practice covers a broad range of federal procurement counseling and litigation, including bid protests; claims and requests for equitable adjustments; Federal Circuit appeals; prime/subcontractor agreements and disputes; small business matters; teaming and joint venture agreements; suspension and debarment; compliance and internal investigations; security clearance appeals; and intellectual property issues.

Mr. Boland advises clients in the pre- and post-award source selection stages of procurements. He has successfully challenged and defended solicitations, evaluations, contract award decisions, and offeror size/status eligibility before numerous defense and civilian agencies, the Government Accountability Office, the Small Business Administration, the United States Court of Federal Claims, and the FAA’s Office of Dispute Resolution for Acquisition. Recent representative matters include:

U.S. Foodservice, Inc. v. United States, 100 Fed. Cl. 659 (2011) (protested and obtained a pre-award injunction against the terms of Defense Logistics Agency Troop Support solicitations for domestic food distribution services contracts on the basis that the terms were contrary to customary commercial practices)
CW Government Travel, Inc. v. United States, 99 Fed. Cl. 666 (2011) (protested and obtained injunction against certain terms of the General Services Administration’s solicitation for web-based travel management services as contrary to customary commercial practices)
Huntsville Times Co. Inc. v. United States, 98 Fed. Cl. 100 (2011) (protested and obtained a permanent injunction against the Army’s evaluation of proposals and award of a contract for the publication and distribution of a civilian enterprise newspaper)
Shamrock Foods Co. v. United States, 92 Fed. Cl. 339 (2010) (intervened in defense of a contract awarded by the Defense Logistics Agency for food delivery services to Fort Bliss and successfully moved to dismiss protest based on the waiver doctrine and lack of standing)
Honeywell Technology Solutions, Inc., B-406036, Jan. 3, 2012, 2012 CPD ¶ 43 (defended award of a $40 million Army contract to repair and refurbish armored security vehicles)
L-3 STRATIS, B-404865, Jan. 8, 2011, 2011 CPD ¶ 119 (defended the award of a major IT infrastructure services and support contract by the Nuclear Regulatory Commission)
World Airways, Inc., B-402674, June 25, 2010, 2010 CPD ¶ 284 (defended award of an IDIQ contract by the U.S. Transportation Command to provide air cargo transportation services in Afghanistan and other CENTCOM areas of responsibility)


Mr. Boland prepares, negotiates and litigates a wide variety of claims under the Contract Disputes Act before the Armed Services and Civilian Boards of Contract Appeals and the United States Court of Federal Claims, including claims for: equitable adjustments based on contract changes, breach of contract damages, Prompt Payment Act interest and penalties, misappropriation of trade secrets and intellectual property, and claims arising out of terminations for default and convenience.

In addition to protest and claim litigation at the trial level, Mr. Boland handles appeals before the United States Court of Appeals for the Federal Circuit. In 2011, for example he was lead counsel and successfully argued the appeal in Holmes v. United States, 657 F.3d 1303 (Fed. Cir. 2011). The appeal, which involved allegations of breach of certain settlement agreements with the Navy, presented issues of first impression for the Federal Circuit and resolved a split of authority in the Court of Federal Claims and regional federal circuits pertaining to Tucker Act jurisdiction. The Federal Circuit also agreed with Mr. Boland’s argument that the plaintiff’s claims were entitled to the benefit of the accrual suspension rule and thus not barred by the strict statute of limitations.

Activities
Mr. Boland is very active in the firm’s pro bono program. He currently represents individuals with breach of contract actions in the Court of Federal Claims.