Newsroom
Window For FAPIIS Objections Forces Contractors To Hustle
January 20, 2012 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Government Contracts Law360 about a new federal regulation through which government contractors will be allowed to preview and object to entries in the government's central contract performance database, making contractors worry that proprietary information may be revealed.
According to Eyre, "If there were some sort of detailed discussion of a defective pricing finding, you might see a situation where contractor's proprietary information could be contained in that description."
Government Contract Reforms to Watch in 2012
January 1, 2012 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Government Contracts Law360 about the anticipated reform to conflict of interest laws in 2012 as the Department of Defense implements a personal conflict of interest rule, and the government chooses between two competing frameworks for overhaul of its organizational conflict of interest rules.
According to Eyre, “I don't think there's a consensus in the industry, and that's one of the things making it so difficult for the government to figure out a way forward.”
DOD Revolving-Door Rule Could Lead To New FCA Claims
November 18, 2011 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel, Peter Eyre, speaks to Government Contracts Law360 about the finalization of the Department of Defense’s (DOD) rule requiring defense contractors to certify that any former DOD officials they employ are complying with federal revolving-door laws, a rule that could have implications for future False Claims Act (FCA) and bid protest cases. Under the new rule, contractors must represent that their employees are not violating any restrictions on their post-government employment.
According the Eyre, “The new rule doesn't change the restrictions themselves, but does put responsibility more squarely in the lap of defense contractors. Historically, this is an obligation that has focused on the individual [employees]. Now the companies really have a significant role to play because [the new requirement] is a corporate certification.”
DOD, Others Finalize Personal Conflict Rule For Contracts
November 2, 2011 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Government Contracts Law360 about a final rule published by the U.S. Department of Defense, the General Services Administration and NASA aimed at reducing the federal government's exposure to personal conflicts of interest that could arise from contractor support of government procurement functions.
According to Eyre, “This is a new requirement — and a substantially burdensome requirement. It's something that contractors will have to pay attention to."
GAO Advises Agencies On Upping Contractor Suspensions
October 7, 2011 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel Peter J. Eyre speaks to
Government Contracts Law360 about the U.S. Government Accountability Office’s recent reports on wasteful contract spending and its research into the suspension and debarment processes at 10 agencies to learn why some agencies are more compliant and vigilant than others.
According to Eyre, “There is a clear suggestion that this is a tool that the government should use more often. And, because of the draconian nature of suspension and debarment, this is something contractors should be watching closely."
More Flexible OCI Rule May Benefit Contractors
June 14, 2011 — Government Contracts Law360
Government Contracts Group counsel Peter J. Eyre is featured in Government Contracts Law360 for his thoughts on the proposed reform of the organizational conflicts of interest (OCI) rule. Regulators are currently weighing a more flexible approach that prioritizes competitive fairness and protection of nonpublic information over safeguarding the government's interests.
According to Eyre, "It's an issue that is of terrific importance. It really goes to the fundamental framework of government procurements, which is competition."
Obama, DOD see conflicts of interest differently
April 26, 2011 — Federal Computer Week and Washington Technology
Government Contracts Group counsel Peter J. Eyre is featured for his thoughts on the Obama administration's proposal on organizational conflicts of interest (OCIs) and how it differs from the Department of Defense's 2010 draft. According to the article, the Administration's potential rule on OCIs "allows the government to accept more risk and raises questions about conflicts among business affiliates… The White House kept the general framework of the DOD's proposed OCI rule with its preference for mitigation, but gives contacting officers more flexibility when faced with potential harm to the government and other vendors, according to the new proposal published April 26."
"Although the proposal's purpose is to avoid prejudicing companies from certain contracts, officials recognize that corporate structural barriers-such as independent directors or separate legal offices, for instance-might be enough to mitigate a conflict," said Eyre.
Contractor Accountability – Interim Rule Implements Requirement That Certain FAPIIS Information Be Public
January 24, 2011 — BNA Federal Contracts Report
Government Contracts Group counsel Peter J. Eyre is featured in BNA’s Federal Contracts Report for his comments on the interim rule that will make most information posted on the Federal Awardee Performance and Integrity Information System (FAPIIS), with the exception of contractors’ past performance reviews, available to the public as of April 15, 2011. The rule is intended to notify contractors that, consistent with a provision in the fiscal year 2010 supplemental appropriations law, most information posted on FAIPIIS will be publicly available as of April 15.
According to Eyre, “It is too soon to determine exactly how publicizing FAPIIS data will affect contractors.” He continues by calling for a “ ‘balancing act’ between providing taxpayers with relevant information about contractors and ‘scaring companies out of the government marketplace’ by disclosing too much about civil and criminal proceedings, terminations for default, suspensions, debarments, and other sensitive issues."
GAO Task Order Protests Face Uncertain Future
January 21, 2011 — Government Contracts Law360
Government Contracts Group counsel Peter J. Eyre is featured for his comments on the extension granted by Congress that allows the Government Accountability Office (GAO) to have continued jurisdiction over task and delivery order protests. A provision in the National Defense Authorization Act for Fiscal Year 2011 would extend the GAO's authority to hear protests arising from task and delivery orders under indefinite delivery, indefinite quantity contracts, slated to expire May 27, 2011.
According to Eyre, "I don't see an articulated rationale in the statute or legislative history for treating defense and civilian task order protests differently…The rationale behind the supplemental GAO jurisdiction was to increase competition and accountability…There are some very large orders being placed under these contracts, so it's essentially a way to give GAO a window into some of these large procurements."
GAO bows to CIA decision to waive conflicts of interest: Decision indicates GAO will defer to agencies on waivers
September 3, 2010 — Federal Computer Week
Government Contracts Group counsel Peter J. Eyre talked with Federal Computer Week about the Government Accountability Office's ruling to defend the Central Intelligence Agency’s decision to waive a contractor's organizational conflict of interest (OCI).
According to Eyre, "GAO's ruling is evidence that it won't second-guess agency officials' decisions to waive OCIs."
Challenges of Hall Street Associates, LLC v. Mattel Inc.
August 1, 2008 — International Arbitration Law Review, Vol. 11, Issue 3
Crowell & Moring London office counsel Jane Wessel and associate Claire Stockford, along with DC-based associate Peter J. Eyre, write about the challenges faced in the litigation case
Hall Street Associates, LLC v. Mattel Inc. In this case, the United States Supreme Court held that the Federal Arbitration Act’s provisions containing grounds vacatur, modification, and correction of arbitration awards are exclusive and may not be expanded by the parties to an arbitration agreement.
"US Discovery in Aid of Foreign or International Proceedings: The Rise of 28 USC, Sec. 1782"
June 30, 2007 — The Journal of the Dispute Resolution Section of the International Bar Association (also appeared in Transnational Dispute Management, September 2007)
Crowell & Moring counsel Jane Wessel and associate Peter J. Eyre write about the United States statute 28 USC, s 1782, which allows parties engaged in international disputes to obtain documents and testimonial evidence from companies or individuals in the US.
First Summer, First Chance to Shine: Profs and Attorneys Say 'Make Connections'
March 30, 2007 — The National Jurist
Crowell & Moring partner Jennifer Waters and associate Peter Eyre talk about how they spent their summer after the first year of law school and advise students on ways to enhance that summer experience for their career.
Recent International Developments: Private, International Arbitration Panel Qualifies as § 1782 Tribunal, U.S. Court Held
February 2, 2007 — World Arbitration and Mediation Report
International Arbitration Group counsel Jane Wessel and associate Peter J. Eyre write about the U.S. Courts judgment to expand 28 U.S.C. § 1782. Under this statute, parties involved in non-U.S. dispute resolution proceedings can seek discovery in the U.S. in aid of those proceedings.
US Discovery in Aid of Non-US Arbitration Proceedings: In Re Matter of the Application of Oxus Gold PLC; In Re Application of Roz Trading LTD
February 1, 2007 — International Arbitration Law Review
Crowell & Moring London office counsel Jane Wessel and D.C. associate Peter J. Eyre write about the arbitration tribunals that qualify as "tribunals" under the U.S. statutory provision 28 U.S.C. s. 1782. This provision allows those involved in non-U.S. dispute resolution proceedings to seek discovery in the United States in aid of those proceedings.
US Discovery in Aid of Non-US Arbitration Proceedings: In re Matter of the Application of Oxus Gold PLC
December 27, 2006 — World Arbitration and Mediation Report
Crowell & Moring London office counsel Jane Wessel and Washington, DC office associate Peter J. Eyre write about the recent ruling in Oxus Gold PLC.