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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.

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Recognition
  • Chambers USA: America's Leading Lawyers for Business 2009-2013 for Government Contracts

  • Washington, DC Super Lawyers 2013 for Government Contracts



Education
  • LLM, George Washington University, 1991
  • JD, Catholic University of America, Columbus School of Law, 1988
  • BS, magna cum laude, State University of New York at Albany, 1985

Admissions
  • District of Columbia
  • Supreme Court of the United States
  • US Court of Appeals for the Federal Circuit
  • US Court of Federal Claims
  • Pennsylvania (active non-resident status)

Publications, Presentations, and Multimedia
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Professional and Community Activities
  • Public Contract Section, American Bar Association

    • Co-Chair, Accounting, Cost and Pricing Committee (2005-2008)
  • Advisory Board, Government Contractor

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Washington, DC
tel: +1 202.942.5723
fax: +1 202.942.5999
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Partner
Practice Focus

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.

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 ¶ 35241Successfully 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.

Contract Disputes Act Claims and Appeals

  • Raytheon Company, ASBCA No. 58012 (June 6,2013) (Alleged defective pricing -- dismissed when Government withdrew Contracting Officer’s Final Decision)
  • Raytheon Company, Space & Airborne Systems, ASBCA Nos. 57801 et al., 13-2 BCA ¶ ___ (Granting motion to dismiss 80% of government claim due to statute of limitations), (pending merits on alleged increased costs due to change in accounting practices)
  • Raytheon Company, Missile Systems, ASBCA No. 58011, 13-1 BCA ¶35209 (Granting motion on Statute of Limitations regarding $17M  government claim alleging failure to comply with disclosed accounting practice)
  • Raytheon Company, ASBCA No. 57576, 13-1 BCA ¶ 25209 (Granting motion on Statute of Limitations, in part, regarding cost allowability penalties and alleged CAS 405 noncompliance)  
  • Harris Corporation, ASBCA No. 58022 (Dec. 5, 2012) (Alleged noncompliance with CAS 403) (Resolved through ADR)
  • Raytheon Company v. United States, 104 Fed. Cl. 327 (2012) recon. denied, Raytheon Company v. US, 105 Fed. Cl. 351 (2012) (Granting motion on Statute of Limitations against Government claim on allowability of IRS Voluntary Compliance Resolution costs)
  • Raytheon Co., ASBCA No. 55764 (April 22, 2011) (Alleged noncompliance with CAS 412-50(d) pension allocation)(Resolved by negotiation)
  • Global Management Sys. Inc., ASBCA No. 56761 (April 5, 2011) (Appellant) (Default termination successfully converted to one for convenience, by settlement)
  • Raytheon Co., ASBCA No. 56701, 11-1 BCA ¶ 34735 (Appellant) (Granting summary judgment that increased costs in the aggregate due to change in accounting practice must involve an offset of cost type and fixed price contracts)
  • Johnson Controls Northern New Mexico, LLC v. University of California, DOTCAB C-0323371 (2004) (Plaintiff) (Increase of award fee) (Resolved by ADR)
  • Johnson Controls World Serv. Inc. v. United States, 48 Fed. Cl. 479 (2001) (Plaintiff) (Limitation of Cost Clause, recovery of US$16 million insurance premiums)
  • Johnson Controls World Serv. Inc. v. United States, 48 Fed. Cl. 182 (2000) (Plaintiff); Johnson Controls World Serv. Inc. v. United States, 44 Fed. Cl. 348 (1999); Johnson Controls World Serv. Inc. v. United States, 44 Fed. Cl. 334 (1999); Johnson Controls World Serv. Inc. v. United States, 43 Fed. Cl. 589 (1999) (Government prohibited from bringing counter claim for US$54 million involving pension surplus); Johnson Controls World Serv. Inc. v. United States, 43 Fed. Cl. 506 (1999) (Government prohibited from bringing duplicative claim)
  • Gould, Inc., ASBCA No. 46759, 97-2 BCA ¶ 29,254 (Appellant) (CAS 413.50(c)(12) pension segment closure accounting); Gould, Inc., ASBCA No. 46759, 96-2 BCA ¶ 28,521;Gould, Inc., ASBCA No. 46759, 96-2 BCA ¶ 28,250 (Third party subpoena of CAS Board)

Bid Protests

  • Agile Defense, Inc., B-408029 (pending) (Intervener) (Support Services Contract for Defense Information Systems Agency)
  • Serco Inc., B-406061 (Feb 1, 2012) (Intervenor) (Army task order for personnel services and support) (Protest denied)
  • Orion Technology, Inc. v.  United States, 101 Fed. Cl. 492, reissued 102 Fed. Cl. 218 (2011) (Intervenor) (Contract for support services at domestic Army bases) (Protest denied)
  • Raytheon Co., B-403110.3 (April 26, 2011)(Protestor)(Customs and Border Protection contract for mobile surveillance)
  • Strategic Resources, Inc. B-404843 (March 28, 2011) (Protestor) (Army task order for information management services) (Corrective action taken)
  • The Logistics Company, B-404693 (March 18, 2011) (Intervenor) (Task Order for support services at Joint Base Lewis-McChord) (Protest withdrawn)
  • The Logistics Company, B-404694 (January 19, 2011) (Intervenor) (Army Task Order) (Protest withdrawn upon filing of Motion for Summary Dismissal)
  • Strategic Resources, Inc., B-404699 (January 10, 2011) (protestor) (Army Task Order $65MM) (Resolved through immediate corrective action involving termination of protested contract)
  • Northrop Grumman Space & Mission Sys. , Lear Siegler Serv. Inc., ARINC Eng'g Serv., LLC, VSE Corp., DRS Tech. Serv., Inc., B-401076.4 et al., Sept. 21, 2009 (Intervenor) (Army IDIQ contract valued at $16B)
  • University of Massachusetts Donahue Institute, B-400870.3, July 15, 2009 (Protestor) (Department of Interior procurement involving Head Start program)
  • Hanford Mission Support Company, LLC, B-400609 et al, Dec. 29, 2008 (Protestor) (Corrective action on US$3 billion+, Department of Energy procurement)
  • Global Mgmt. Sys., Inc., B-310840.3 et. al., Dec. 21, 2007; June 6, 2008; and Sept. 17, 2008 (Protestor) (Corrective action with award to protestor on Army procurement)
  • Technology & Management Serv., Inc., B-310437 (Nov. 7, 2007) (Protestor) (Corrective action on Department of Energy procurement)
  • Harris Corp., B-299864 et al., 2007 CPD ¶ 180 (Sept. 14, 2007) (Intervenor) (Protest denied involving the US$1 billion Space and Naval Warfare Systems Command (SPAWAR) procurement)
  • STG, Inc., B-298543.1, .2, 2006 CPD ¶ 166 (Oct. 30, 2006) (Intervenor) (Protest denied involving Defense Advanced Research Projects Agency (DARPA) procurement)
  • Maden Technologies, B-298543.2, 2006 CPD ¶ 167 (Oct. 30, 2006) (Intervenor) (Protest denied)
  • Advanced Sys. Dev. Inc., B-298411 et al., 2006 CPD ¶ 137 (Sept. 19, 2006) (Protestor) (Corrective action with award to protestor involving US Department of Defense procurement)
  • Liquidity Serv. Inc., B-294053, 2005 CPD ¶ 130 (Aug. 18, 2004) (Protestor) (Protest sustained)
  • Northrop Grumman Tech. Serv., Inc; Raytheon Tech. Serv. Co., B-291506 et al., 2003 CPD ¶ 25 (Jan. 14, 2003) (Protestor)
  • Johnson Controls World Serv. Inc., B-289942, 2002 CPD ¶ 88 (May 24, 2002) (Protestor) (Protest sustained involving the National Aeronautics and Space Administration (NASA) procurement)
  • IT Facility Serv. Joint Venture, B-285841, 2000 CPD ¶ 177 (Oct. 17, 2000) (Intervenor) (Protest sustained)
  • TRW Inc.; Systems Research and Applications Corp, B-260968.2 et al. 95-2 CPD ¶ 101 (Aug. 14, 1995) (Intervenor)
  • MCI Telecommunications Corp v. General Serv. Admin., GSBCA 11963-P, 93-1 BCA ¶ 25,541 (Oct. 9, 1992) (Intervenor)

CICA Override Cases

  • Maden Tech Consulting, Inc. v. United States, 74 Fed.Cl. 786 (2006) (Intervenor) (Override sustained)
  • Advanced Sys. Dev., Inc. v. United States, 72 Fed. Cl. 25 (2006) (Plaintiff) (Override declared invalid)

Publicly Announced Transactions

  • KKR/General Atlantic acquisition of TASC, 2009 (Buyer)
  • Finmeccanica SpA acquisition of DRS Technologies, 2008 (Buyer)
  • Elite Training and Security acquisition of Kaseman, 2008 (Buyer)
  • US subsidiary of Europe-based international defense contractor in connection with its acquisition of US defense contractor, 2007 (Buyer)
  • National Interest Security Company, LLC acquisition of Omen, Inc., 2007 (Buyer)
  • National Interest Security Company, LLC acquisition of Technology and Management Services, Inc., 2007 (Buyer)
  • National Interest Security Company, LLC acquisition of Patuxent Technology Partners, LLC, 2007 (Buyer)
  • EDO Corporation acquisition of CAS, Inc., 2006 (Seller)
  • General Dynamics acquisition of FCBS, 2006 (Seller)
  • Netco Government Services acquisition of Multimax Incorporated, 2006 (Seller)
  • FCBS acquisition of Computer and Hi-tech Management, Inc., 2005 (Seller)
  • PEC Solutions, Inc. acquisition of Integrated information Technology Corp., 2004 (Seller)
  • PEC Solutions, Inc. acquisition of AC Technologies, Inc., 2004 (Seller)
Rankings

Chambers USA: America's Leading Lawyers for Business 2009-2013 for Government Contracts

Washington, DC Super Lawyers 2013 for Government Contracts


Professional and Community Activities

Professional Activity

  • Public Contract Section, American Bar Association

    • Co-Chair, Accounting, Cost and Pricing Committee (2005-2008)
  • Advisory Board, Government Contractor

  • National Defense Industrial Association (NDIA)

    • Contract Finance Committee
    • Legal Committee
  • Advisory Board, Government Contract Cost, Pricing & Accounting Report (2006-2009)

  • Board of Contract Appeals Bar Association

  • National Contract Management Association (NCMA)

  • American Corporate Counsel Association (1998-2002)

Community Activity

  • Mr. Pompeo sang at the Opening Ceremonies for the 2009 Inauguration of President Obama

  • A native of New York City, Mr. Pompeo has retained interest in cultural activities. He sings semi-professionally, performing cabaret in the Washington-Baltimore area.  He has sung with several symphonic choruses, appearing with both the National Symphony Orchestra and the Baltimore Symphony Orchestra.

  • Mr. Pompeo staffed the Trust & Estates Legal Clinic at the Whitman Walker Clinic on a pro bono basis

  • Federal City Performing Arts Association Board of Directors (2006-2009)

  • DC Cabaret Network

  • DC Front-runners

  • President, Villaggio Condo Association (2007)

Articles
Presentations
Advisories
Multimedia