Paul Pompeo counsels a wide range of companies in contract formation, performance, and compliance. Much of his practice focuses on accounting, cost and pricing: Cost Accounting Standards (CAS), the Truthful Cost or Pricing Data Act (formerly TINA), Federal Acquisition Regulation (FAR) cost principles, and Defense Contract Audit Agency (DCAA) audits. He also represents clients in dispute resolution: claims, appeals (before the ASBCA, CBCA, and Court of Federal Claims), and alternative dispute resolution (ADR), as well as bid protests and Competition in Contracting Act (CICA) overrides. He has successfully represented contractors in precedent-setting CAS cases, many involving benefits issues, litigated a seminal Limitation of Cost clause case, and litigated a series of cases establishing law fundamental to the statute of limitations. He also has experience with Foreign Military Sales (FMS), counsels clients on mergers and acquisitions, financing, appropriations, and contract negotiations, and advises research universities, educational institutions and FFRDCs on compliance with issues stemming from grants and agreements. In addition, Paul handles various fraud matters and internal investigations. He is included in Chambers USA: America's Leading Lawyers for Business for Government Contracts.
Paul served as vice president and general counsel, Government Division of Johnson Controls, Inc., and as Ethics Officer. Accordingly, he has an acute sense of clients' needs and how outside counsel can best serve its customer. Paul is a member of the firm's Hiring Committee, and is a past-chair of the firm's LGBT affinity group.
- Raytheon Company in two precedential decisions involving changes in cost accounting practices; key holdings: Government abuse of discretion by failing to apply materiality standards in assessing a cost impact; identifying bases for determining costs immaterial Raytheon Co., Space & Airborne Sys., ASBCA No. 58068, 16-1 BCA ¶ 36484; and Government double counted cost impact by including effect on fixed price contracts; Contractor entitled to offset multiple changes prior to 2005. Raytheon Co., Space & Airborne Sys., ASBCA Nos. 57801 et al., 15-1 BCA ¶ 36024.
- Raytheon Company in a case where the government asserted a noncompliance with CAS 405 and penalties for expressly unallowable costs involving bonus and incentive compensation costs for employees engaged in activities under FAR 31.205-1 (advertising), -22 (lobbying), -27 (M&A) and -47 (legal), as well as the costs of Total Shareholder Return under FAR 31.205-6(i); key holdings: narrow definition of expressly unallowable costs, bonus and incentive compensation are not expressly unallowable under FAR 31.205-1, -22 and -27; Government's failure to state a claim regarding contribution costs; viability of the doctrine of retroactive disallowance. Raytheon Company, ASBCA Nos. 57801 et al., 15-1 BCA ¶ 36024.
- Triple Canopy, Inc.: We successfully represented Triple Canopy against a government claim that the company improperly included $62 million of subcontractor costs for dog handlers under the labor categories per the 2005 version of FAR 52.232-7, Time and Materials. The contractor included a Maropakis-style counterclaim asserting entitlement to $64 million pursuant to the terms of the contract and proposal. Triple Canopy, Inc. v. United States, C-291 (Fed. Cl., Jul. 29, 2015) (dismissed).
- Computer Sciences Corporation: We successfully represented CSC against a government claim that the company included certain unallowable and expressly unallowable costs as direct costs under an IRS contract. The government ultimately withdrew its claim. Computer Sciences Corp. v. Department of the Treasury, CBCA No. 4917 (Sept. 11, 2015) (dismissed).
- 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 Co., Space & Airborne Sys., ASBCA Nos. 57801 et al., 13-1 BCA ¶ 35319.
- Raytheon Company in a seminal case before the ASBCA, whereby Raytheon contested a government claim for $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.
- Major defense contractor in the successful conversion of a termination for default to termination for convenience.
- Major defense contractor in a successful resolution of a 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.
- Raytheon Company in the Government's withdrawal of a determination of noncompliance with CAS 413.50(b)(2) whereby the Government sought a $300 million contract price adjustment.
- Major aerospace defense contractor in drafting opinion letter regarding the allowability of a $400 million settlement of a shareholder derivative lawsuit and $11 million in attorney fees to defend the lawsuit.
- Major aerospace defense contractor sought to recover $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 $4 million.
- Advanced Systems Development, Inc. in seminal CICA override case. Advanced Sys. Dev., Inc. v. United States, 72 Fed.Cl. 25 (2006).
Government Contracts: Costs Disputes (Nationwide) (2016-2019)
- LLM, George Washington University Law School, 1991
- JD, Catholic University of America, Columbus School of Law, 1988
- BS, State University of New York at Albany, 1985, magna cum laude
- District of Columbia
- Supreme Court of the United States
- US Court of Appeals for the Federal Circuit
- US Court of Federal Claims
- US District Court, District of Columbia
- Staff Counsel, Postal Service Board of Contract Appeals, US Postal Service
- National Defense Industrial Association (NDIA): Chair, Procurement Division (2017 - 2018); Chair, Contract Finance Committee (2014 - 2015) Legal Committee
- American Bar Association, Public Contract Section: Co-Chair, Accounting, Cost and Pricing Committee (2005-2008)
- Advisory Board, Government Contractor
- Advisory Board, Government Contract Costs, Pricing & Accounting Report (2006-2009; 2019-present)
- National Contract Management Association (NCMA)
- Board of Contract Appeals Bar Association
- Court of Federal Claims Bar Association
- American Corporate Counsel Association (1998-2002)
- Federal City Performing Arts Association Board of Directors (2006-2009)
- DC Cabaret Network
- DC Front-runners
- 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 sang at the Opening Ceremonies for the 2009 Inauguration of President Obama.