Insights

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, talks to Law360 regarding a final rule that will tighten restrictions on human trafficking in government contracting. Under its requirements, all contractors must disclose working conditions to employees, are barred from confiscating passports or other immigration documents, must ensure that workers aren't being charged any recruitment fees, and must provide the worker with return transportation for non-nationals. "I think another big question is: 'Who pays for this?'" Eyre said. "There are some very specific obligations, both the compliance plan ... and others. But who is going to pay for that?"

The firm's Government Contracts Group is featured for earning Law360's "Government Contracts Group of the Year Award," highlighting the Group as a widely heralded industry go-to and noting the firm's recent wins for Lockheed Martin Corp. and BAE Systems. Washington, D.C.-based Government Contract Group co-chairs, Angela B. Styles and Daniel R. Forman, discuss with Law360 the background of the Group and the deep bench of experienced attorneys from associates to partners which sets the Group apart from others. "We have folks on our legal team who are former military personnel, former engineers and software developers, and in addition to being at the top of their game on the legal side, they can speak multiple languages and talk to both general counsel and engineers, and that's an important facet of our practice," Forman states. Styles reiterates, "We're continually able to serve clients with the right lawyer, right experience, [and] right skill set."

Law360 highlights the firm's Government Contracts Group and the recent webinar the Group conducted titled, "What Will the New Year Bring for Government Contractors?" This article details the five issues federal contractors should pay attention to in 2015, as forecasted by Crowell & Moring attorneys in their preview of the year ahead.

Washington, D.C.-based Government Contracts partner, Peter Eyre, discusses the potential impact of executive orders on the government contracts industry, including a 2012 order that will recruit federal contractors in U.S. efforts to fight labor trafficking at home and abroad. "That proposal came out months ago. That is now, as far as we can tell, ready to come out in final form. Because of the compliance requirements of that rule, it's something that will get a lot of attention," Eyre said.

Washington, D.C.-based Government Contracts Group attorneys, Angela B. Styles and Stephen J. McBrady, discuss how President Obama might soon issue an executive order making it tougher for corporations that move overseas for tax purposes to win federal contracts. "How hard they will make it to do business with the U.S. government is anyone's guess," Styles said. The order requires contractors to disclose violations of more than a dozen state and federal labor laws and regulations. McBrady added that, "As a result, contractors should review labor law compliance and current arbitration agreements, as well as submit comments on any proposed regulations."

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, discusses the expanded authority of the Defense Priorities and Allocations System (DPAS) and how it will effect various companies and agencies, especially the U.S. Department of Homeland Security and its contractors. "Contractors and subcontractors that traditionally haven't dealt with rated orders are more likely to see them because of this expansion. Companies will need to become familiar with these obligations," Eyre said. "And I suspect that civilian agencies — especially DHS — are going to be figuring out how to use the expanded coverage and authority."

In reaction to recent U.S. Court of Federal Claims (COFC) decisions that have used different standards to determine recovery of bid preparation and proposal costs, Washington, D.C.-based Government Contracts Group partner John McCarthy tells BNA that he "anticipates future cases in which costs that fall under the marketing or pre-contract logistics categories noted in Innovation Development are recognized as part of a substantial proposal submission effort."

When asked about what regulations and legislation government contracts and lawyers will be watching this new year, Washington, D.C.-based Government Contracts partner Peter Eyre says, "I think there's going to be much more focus on sources and how prime contractors supervise and monitor subcontractors in their supply chain. There's also a question of who's going to bear those costs. …There are dollars associated with closer scrutiny of the supply chain."

With new rules for whistleblower protections for employees at federal contractors and their sub-contractors, there could be more enforcement actions against companies in the defense companies if there are issues not handled correctly. Washington, D.C.-based Government Contracts Group partner Peter Eyre discusses how the new rules mandated by the National Defense Authorization Act will change how both sub-contractor and sub-contractor employees are now covered by these rules.

Washington, D.C.-based Government Contracts Group partner, Peter Eyre, speaks to Government Contracts Law360 about new anti-trafficking regulations. The regulations are aimed at fighting human trafficking and implement parts of the 2013 National Defense Authorization Act and a September 2012 executive order on trafficking that force prime contractors to take more responsibility for vetting their subcontractors and recruiters. According to Eyre, "The question is going to be: What else might the government expect above and beyond those minimum requirements? It's unclear what entity will opine on the sufficiency of these plans, and that too is a likely area for comment."

In reaction to the U.S. Department of Defense, the U.S. General Services Administration, and NASA finalizing a change to the Federal Acquisition Regulation that standardizes the evaluation criteria for contractors' performance reviews, Washington, D.C.-based Government Contracts Group partner, Peter Eyre tells Law360 that, "The final rule pushes toward greater oversight of the agencies' reviews, but it remains important for contractors to make sure reports are accurate, because poor reviews can damage a contractor's reputation and ability to win new contracts."

Washington, D.C.-based Government Contracts partner Amy Laderberg O'Sullivan comments on some of the implications a new U.S. Small Business Administration rule may have on contractors reporting deviations on their small business subcontracting proposals. She explains, "At the end of the day, I think contracting officers are going to be so inundated with paper [that] I don't think you'll actually see a lot of contractors being called on for failing to follow through on their subcontracting proposals."

Washington, D.C.-based Government Contracts Group partner Peter Eyre discusses how automatic or mandatory suspension could potentially be a poor substitute for discretionary debarment. He says, "sometimes the best outcomes happen when contractors work hand in hand with their government customers to become even better, stronger and more compliant contractors."

Washington, D.C.-based Government Contracts Group partner Peter Eyre was profiled in Government Contracts Law360 as a "Rising Star."