Government Contracts and Litigation
Paul E. Pompeo is a member of the government contracts and litigation practice groups. He counsels a wide range of contractors in contract formation, performance, and compliance. Mr. Pompeo also represents clients in bid protests, (including Competition in Contracting Act (CICA) overrides), claims, appeals, and alternative dispute resolution (ADR). Much of his work focuses on accounting, cost and pricing: Cost Accounting Standards (CAS), the Truth in Negotiations Act (TINA), Federal Acquisition Regulation (FAR) cost principles, and Defense Contract Audit Agency (DCAA) audits. He successfully represented contractors in precedent-setting CAS cases and a seminal Limitation of Cost clause case. He has litigated a series of cases establishing law fundamental to the statute of limitations. He also has experience with Foreign Military Sales (FMS). He counsels clients on mergers and acquisitions, financing, appropriations, and contract negotiations. Mr. Pompeo assists research universities and educational institutions in compliance with the Office of Management and Budget (OMB) Circular A-21, and other issues stemming from grants and agreements. Mr. Pompeo also handles various fraud matters and internal investigations. Mr. Pompeo is included in Chambers USA: America's Leading Lawyers for Business for Government Contracts.
Background
Mr. Pompeo served as vice president and general counsel, Government Division of Johnson Controls, Inc., and as Ethics Officer. His responsibilities encompassed a wide range of counseling, including government contract law and compliance, labor and employment, benefits, risk management, environmental, new business formation, and acquisitions. He was actively involved in litigation, ADR and administrative proceedings, and supervised outside law firms. Accordingly, Mr. Pompeo has an acute sense of clients' needs and how outside counsel can best serve its customer.
He was a partner at Holland & Knight LLP, an associate at McKenna & Cuneo LLP, and started his career as staff counsel to the United States Postal Service Board of Contract Appeals.
Mr. Pompeo has written articles and lectured on a range of government contract issues. He received his law degree from Catholic University of America, where he was an editor of the Catholic University Law Review.
Government Contracts and Litigation Representative Matters
- Successfully represented Raytheon Company in a series of precedent-setting cases establishing law fundamental to the Statute of Limitations: Raytheon Company v. US, 104 Fed. Cl. 327 (2012) recon. denied, Raytheon Company v. US, 105 Fed. Cl. 351 (2012); Raytheon Co., ASBCA Nos. 57576, 57679, 13-1 BCA ¶ 35209; Raytheon Missile Sys., ASBCA 58011, 13-1 BCA ¶ 35241; Raytheon Company, Space & Airborne Sys., ASBCA Nos. 57801 et al., 13-2 BCA ¶ ___.
- Successfully represented Raytheon Company in a seminal case before the ASBCA, whereby Raytheon contested a government claim for US$40.7MM (plus compound daily interest) for increased costs in the aggregate due to a change in accounting practice involving the measurement of pension costs. (Raytheon Co., ASBCA No. 56701, 11-1 BCA ¶ 34753)
- Drafted opinion regarding allowability of costs associated with implementing offset obligations under new guidance from the United Arab Emirates.
- Counseled and assisted major defense contractor in the successful conversion of a termination for default to termination for convenience.
- Successfully represented major defense contractor in resolution of DCAA denial of access to records action involving foreign subsidiaries and international reciprocal audit agreements resulting in withdrawal of denial of access.
- Conducted investigation and prepared response to Dept. of Justice subpoena involving a qui tam action resulting in Government declination on the case.
- Drafted numerous agreements for use on an international border protection project.
- Represented Finmeccanica SpA on government contract aspects of its acquisition of DRS Technologies, Inc.
- Successfully represented Raytheon Company in the Government's withdrawal of a determination of noncompliance with CAS 413.50(b)(2) whereby the Government sought a US$300 million contract price adjustment.
- Drafted opinion letter for major aerospace defense contractor regarding the allowability of a US$400 million settlement of a shareholder derivative lawsuit and US$11 million in attorney fees to defend the lawsuit.
- Major aerospace defense contractor sought to recover US$7 million in indirect costs for prior, closed, and final indirect cost-rate agreements. Through creative theories and negotiation sessions with the Government, the client recovered more than US$4 million.
- Successfully represented Johnson Controls World Services, Inc. in its claim to recover US$16 million of insurance costs incurred under an Air Force Contract. The case is now a seminal case setting forth the standard under the Limitation of Cost clause.
- Successfully represented Advanced Systems Development, Inc. in seminal CICA override case. Advanced Sys. Dev., Inc. v. United States, 72 Fed.Cl. 25 (2006).
- Successfully represented Advanced Systems Development, Inc. in a challenge to its small business status before the Small Business Administration.
Paul E. Pompeo "
Q & A With Arnold & Porter's Paul Pompeo"
Government Contracts Law360, March 6, 2013
Paul E. Pompeo and
Lauren J. Schlanger "
Determining The Allowability Of Legal Fees Under FAR"
Government Contracts Law360. Also ran in Commercial Contracts Law360 & Appellate Law360. 25 Sep. (2012)
Paul E. Pompeo "
CAS Board Threshold Increases"
48 Gov't Contractor 68 (practitioner comment), Feb. 22, 2006
Paul E. Pompeo "
Recent and Proposed Changes to the FAR Cost Principles: New Controversies"
Fairfax County Chamber of Commerce GovCon Report, Mar. 2004
Paul E. Pompeo "
Has Independent Research and Development Lost its Independence?"
The Clause, Dec. 2003
David P. Metzger,
Paul E. Pompeo and Michelle Brown "
The Adequacy of Award Selection Documentation: A Changing Tide at GAO"
Federal Contracts Report (co-author), Dec. 17, 2002
Peter McDonald and
Paul E. Pompeo "
New Fraud Detection Measures for Auditors: The Impact on government Contractors"
Federal Contracts Report (co-author), Aug. 20, 2002
Paul E. Pompeo "
Segment Closure Pension Accounting Under Gould"
Government Contract Costs Pricing & Accounting Rep., September 1997
John G. Stafford, Jr. and
Paul E. Pompeo "
Life After Bill Strong"
Government Contract Costs Pricing & Accounting Rep., Dec. 1996
John G. Stafford, Jr. and
Paul E. Pompeo "
Costs of Prosecuting Claims or Appeals-Bill Strong on Appeal"
Gov't Con. Costs Pricing & Accounting Rep., Jun. 1994
Thomas Lemmer and
Paul E. Pompeo "
Educating" Lawyers about the Implications of Cost Accounting Standards for Government Contracts and Grants with Educational Institutions"
21 J.C. & U. L. 111, 1994
Thomas Lemmer, Janice Davis and
Paul E. Pompeo "
Pension and Post-retirement Benefit Costs: Recent Developments"
Briefing Papers No. 92-6, May 1992
Paul E. Pompeo "
East Meets West: A Comparison of Government Contract Dispute Resolution in the Common Law and Islamic Systems"
14 Loy. L.A. Int'l & Comp. L.J. 815, 1992
Paul E. Pompeo "
The Jury's Out -- A Seventh Amendment Challenger to the Program Fraud Civil Remedies Act"
12 Geo. Mason U.L. Rev. 207, 1990
Paul E. Pompeo "
Current Legal Issues" FFRDC Audit Consortium, May 3, 2013
Paul E. Pompeo "
Statute of Limitations Under the Contract Disputes Act" American Conference Institute 4
th Advanced Forum on Government Contract Cost & Pricing, Arlington, VA, April 17, 2013
Paul E. Pompeo "
Current Legal Issues" Aerospace Industries Association, Comptrollers Meeting, Falls Church, VA, March 21, 2013
Paul E. Pompeo "
Strategic Insights on How to Prepare and Manage Complex DCAA Audit Challenges" DCAA Audits, Arlington, VA, November 12-13, 2012
Paul E. Pompeo "
Legal Update Panel: Implications of Recent Case Law" Current Issues in Government Contracting, Falls Church, VA, November 1, 2012
Paul E. Pompeo "
Government Contract Cost & Pricing" Co-Chair and presenter, American Conference Institute, Crystal City, VA, April 17-18, 2012
Paul E. Pompeo "
Managing Pension Costs Under CAS 412 & 413" ACI National Summit on CAS Compliance, Crystal City, VA, September 26, 2011
Paul E. Pompeo "
Increased Costs in the Aggregate Under CAS" Aerospace Industrial Association (AIA) - Quarterly Meeting of the Cost Principles committee, Cambridge, MA, June 22, 2011
Paul E. Pompeo "
Incurred Cost Audits: Determining Cost "Allowability" and "Allocability" 2nd National Conference on DCAA Audits, San Diego, CA, May 23-24, 2011
Paul E. Pompeo "
Raytheon, ASBCA No. 56701, 11-1 BCA ¶ 34735" Public Contract Section of the ABA - Accounting, Cost and Pricing committee meeting, Washington, DC, April 12, 2011
Paul E. Pompeo "
Surviving Defective Pricing Audits: Preparing for TINA and Adequate Pricing Reviews" ACI DCAA Audits Conference, Arlington, VA, November 17, 2010
Paul E. Pompeo "
Legal Updates in Accounting, Cost & Pricing" Aerospace Industrial Association meeting, San Francisco, CA, June 24, 2010
Paul E. Pompeo "
Implications of the Pension Protection Act for Government Contractors" PWC Aerospace and Defense Finance Executive Roundtable, Falls Church, VA, May 20, 2010
Paul E. Pompeo "
Government Accounting Issues" Aerospace & Defense Controllers' Meeting, Bethesda, MD, March 31, 2010
Paul E. Pompeo "
Going Green? Current Issues and Initiatives" Moderator, American Bar Association Federal Procurement Institute, Annapolis, MD, March 5, 2009
Paul E. Pompeo "
The Costs of Procurement Business Abroad" Moderator, American Bar Association Annual Meeting, New York, NY, August 10, 2008
Paul E. Pompeo "
Cost and Pricing Issues: A Year-End Review" Moderator, Breakfast Briefing, McLean, VA, November 14, 2006
Paul E. Pompeo "
A Tale of Two Contracts" Illinois Association of Public Procurement Officials, St. Charles, IL, May 8, 2003
Paul E. Pompeo "
The Future of Services Contracting" National Defense Industrial Association, Annual Educational Seminar, Scottsdale, AZ, March 17, 2003
Paul E. Pompeo "
Fraud Detection, New Accounting Standards and their Impact on Financial Auditing" National Contract Management Association, Chicago, IL, November 20, 2002
Paul E. Pompeo "
Business Development through Teaming and Alliances" National Contract Management Association, Chicago, IL, October 25, 2002
Paul E. Pompeo "
Legal Issues in Public Purchasing" Illinois Association of Public Procurement Officials, Grayslake, IL, May 3, 2002
Paul E. Pompeo "
Acquisition Initiatives" National Contract Management Association, National Educational Conference, Vienna, VA, December 7, 2001
Paul E. Pompeo "
Actuarial Testimony" Enrolled Actuaries Meeting, Washington, DC, March 29, 2000
Paul E. Pompeo "
Price Based Acquisition" National Contract Management Association, Cocoa Beach, FL, February 11, 2000
Paul E. Pompeo "
Electronic Contracting" National Contract Management Association, Rockville, MD, March 4, 1998, and Cocoa Beach, FL, September 9, 1998