Peter's practice includes a wide range of litigation, counseling, and transactional capabilities, including: compliance reviews; enhancing and implementing compliance programs; due diligence in the transactional context; structuring transactions; dispute resolution; bid protests; complex investigations relating to the civil False Claims Act, the Anti-Kickback Act, the Procurement Integrity Act, and other civil and criminal matters; grants and related requirements; GSA Schedule contracting; contract negotiation and administration; suspension and debarment proceedings; and mandatory disclosures.
Peter also serves as the coordinator of the Construction Industry Ethics and Compliance Initiative. Recent engagements include:
Since 2000, Peter has worked in a senior capacity for the Commission on Presidential Debates, the non-partisan entity responsible for producing the general election presidential and vice presidential debates. In 2004, 2008, and 2012, he served as senior advisor to the Commission, where his portfolio included campaign negotiations and media relations. In 2008 and 2012, Peter also served as a spokesman for the Commission and appeared on numerous local and national broadcasts and was quoted widely in local and national newspapers, including the New York Times and the International Herald Tribune.
Prior to attending law school, Peter directed the business development activities of SmartBrief, Inc. SmartBrief partners with leading trade associations and corporations to offer daily news content targeted to specific industries.
Admitted to practice: District of Columbia, Massachusetts, U.S. District Court of Appeals for the District of Columbia Circuit, U.S. District Court for the District of Columbia, U.S. Court of Federal Claims, and U.S. Court of Appeals for the Eleventh Circuit.
DCMA Instructions Call For Risk-Based Approach
July 28, 2015 — Bloomberg BNA
Peter Eyre, a Washington, D.C. partner in Crowell & Moring's Government Contracts Group, discusses the implications of the Defense Contract Management Agency's (DCMA) recently issued instructions to oversee contractors' efforts to exclude counterfeit electronic parts from their supply chains. Eyre says that the DCMA instruction "answers some questions but raises others."
Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
May 12, 2015 — Bloomberg BNA
Crowell & Moring's Ounce of Prevention Seminar, hosted by the firm's Government Contracts Group, is featured in a BNA article discussing compliance measures for federal contractors. George Washington University law professor Steven Schooner, who spoke at the conference, discussed key compliance cases to highlight the importance of risk avoidance for contractors.
Trafficking Rule Raises Subcontractor Monitoring Concerns
January 28, 2015 — Law360
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?"
5 Issues Gov't Contractors Need To Know About In 2015
January 7, 2015 — Law360
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.
Government Contracts Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
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.
New Rule Increases Pressure On Homeland Security Contracts
August 14, 2014 — Law360
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."
7 Lingering Questions On Contractor Labor Violation Reports
August 6, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, speaks with Law360 regarding the lingering questions on contractor labor violation reports. When speaking to the mandatory disclosure rule, Eyre says, "It's taken years to get clarity on what happens to the information when it's disclosed [under the mandatory disclosure rule], and here, too, industry will need clarity on how the government will weigh and act upon these new disclosures."
Contractors Prepare For Expanding Anti-Counterfeit Crusade
June 10, 2014 — Aerospace & Defense, Government Contracts, and Public Policy Law360
When asked whether Government-Industry Data Exchange Program (GIDEP), which is managed by the Pentagon, is the most appropriate vehicle for the new reporting framework, Government Contracts partner Peter Eyre told Law360, "I think you'll see comments about GIDEP itself and whether GIDEP is equipped for this type of activity," Eyre said. "This could be a significant expansion because contractors would be reporting directly into GIDEP and using GIDEP to screen, prior to purchasing supplies. Incorporating that screen into your procurement process is potentially quite onerous and might necessitate enhancements to the GIDEP system itself."
DOD Counterfeit Parts Rule Signals Tough Enforcement / Final Rule on Counterfeit Electronic Parts
May 6, 2014 — Law360 / BNA Federal Contracts Report
Government Contracts Group partner Peter Eyre offers his thoughts on the U.S. Department of Defense's final rule issued on May 6 intended to remove counterfeit electronic parts from its supply chain. He says, "DOD is very serious about the integrity of the supply chain and they recognize that carving out off the shelf items leaves a gap in their coverage,…The final rule demonstrates that DOD expects visibility and coverage from top-to-bottom of the supply chain."
Government Contracts Regulation And Legislation To Watch In 2014
January 1, 2014 — Aerospace & Defense and Government Contracts Law360
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."
Whistleblower Protections Expanded at Federal Contractors
October 29, 2013 — Compliance Week
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.
Anti-Trafficking Rules Raise Contractor Compliance Concerns
September 27, 2013 — Government Contracts Law360
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."
Performance Review Rule Preserves Contractor Appeals
August 1, 2013 — Law360
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."
Calls For Contractor Debarment Carry Political Appeal
May 13, 2013 — Law360
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."
Rising Star: Crowell & Moring's Peter Eyre
April 2, 2013 — Law360
Washington, D.C.-based Government Contracts Group partner Peter Eyre was profiled in Government Contracts Law360 as a "Rising Star."
According to the article, "Whether he is counseling corporations specializing in health care, technology or financial services, Crowell & Moring LLP's Peter Eyre is known for his deft and thorough counsel to key government contractors…".
Lawyers Warn of Sequestration's Impact
March 11, 2013 — National Law Journal (subscription)
Government Contracts Group partner Peter Eyre tells The National Law Journal that because of the automatic federal spending cuts that took effect under the March 1 sequestration, he’s advising clients to review all contacts carefully, and to discuss issues with agency officials.
New Law Expands Whistleblower Protections at Federal Contractors
January 29, 2013 — Compliance Week
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Compliance Week about the National Defense Authorization Act, focusing on the new whistleblower protections. According to Eyre, "Now that internal whistleblowing is covered, federal contractors will also want to improve whistleblower hotlines and other internal reporting mechanisms. Employees should know how to escalate concerns…and advises having a written process in place so that all complaints are handled consistently."
Government Contracts Regulation And Legislation To Watch In 2013
January 1, 2013 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group partner Peter Eyre and associate Stephan Rice comment on key areas to keep an eye on in 2013 on the government contracts front including sequestration, federal funding levels, and cybersecurity.
"Softer Gov't Contractor Suspension Rule Boosts Reform Bill"
June 14, 2012 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Government Contracts Law360 about the new version of the Comprehensive Contingency Contracting Reform Act, which softens the automatic suspension rule into an automatic referral to suspension and debarment officials.
Bid Protest Experts Caution Against Overbroad Interpretation of Turner
April 24, 2012 — BNA - Federal Contracts Report
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to BNA's Federal Contracts Report about the significance of The Court of Federal Claims' rejection of the Government Accountability Office's (GAO's) recommendation in Turner Construction Co., Inc. v. United States.
According to Eyre, "The smaller rise in filings in FY 2011 is not due to Turner but shows that filings are stabilizing after several years of strong growth. Turner is not necessarily a signal that agencies should be more critical of or ignore GAO's recommendations. I don't see it as a sea change, but it is a trend we are watching carefully to see if it rears itself in a context outside of OCIs (organizational conflicts of interest)."
GAO, Courts Give Agencies More Flexibility In OCI Rulings
April 10, 2012 — Government Contracts Law360
Washington, D.C.-based Government Contracts Group counsel Peter Eyre speaks to Government Contracts Law360 about recent decisions by the U.S. Government Accountability Office (U.S. GAO) and U.S. Court of Federal Claims that show they are less willing to automatically ban companies from contract competitions over alleged organizational conflicts of interest (OCIs), paving the way for more thorough, fact-specific rulings.
According to Eyre, "OCIs remain a red hot area for protestors, and they tend to produce some very interesting protests. You tend to see decisions that have to delve into new factual situations…it's quite dynamic in the sense that these doctrines are being applied to new areas."
DOD: Proposed Rule Would Set New Requirements On Crime Reporting for Overseas Contractors
March 13, 2012 — Bloomberg BNA - Federal Contracts Report, Quoted
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."
"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.