Lombardo LawPC

Lombardo Law assists clients with addressing issues arising under U.S. government contracts, including issues related to:​

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• Contract Formation, such as determining and negotiating Federal Acquisition Regulations (FAR) and DoD FAR Supplement (DFARS) flow-downs;

• Daily contract compliance counseling;​​​

• Domestic source restrictions and other supply chain management issues, including the Buy American Act (BAA), Trade Agreements Act (TAA), and specialty metal restrictions;​

• Disputes, including Prime/Sub disputes, and Contract Claims;​

• Terminations; ​

• Suspension & Debarment; 

• Defense Contract Audit Agency (DCAA), defective pricing, and other government contract audits;

• Due diligence of government contracts for mergers & acquisitions (M&A);​

• Allegations of procurement fraud, including investigating whistleblower and False Claims Act (FCA) allegations; and 

• Negotiating rights in technical data (protecting intellectual property). 

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Representative Matters

• Managed internal investigation of defense contractor regarding numerous civil fraud allegations, including defective pricing, false testing, and false certifications.

• Obtained trial verdict for a major federal contractor in the aerospace industry against a whistleblower complaint alleging over one billion dollars in damages for false testing, fraudulent underbidding, and employment retaliation under the False Claims Act.

• Seconded as Associate General Counsel to Fortune 100 Aerospace company in division managing prime government and defense contracts.

• Designed and implemented numerous government contracts compliance programs, including processes and procedures to maintain compliance and avoid False Claims Act allegations.

• Prepared and favorably settled numerous requests for an equitable adjustment involving changes, defective specifications, superior knowledge, and delay for several large defense contractors performing work both in the US and overseas.

• Helped successfully resolve two terminations for default arising from the Iraq reconstruction effort, obtaining terminations for convenience on behalf of the client.

• Helped successfully resolve an eight-figure Contract Disputes Act claim arising out of a design-build firm’s performance of infrastructure task orders in the Iraq reconstruction effort.​​

• Obtained summary judgment verdict dismissing with prejudice qui tam action alleging fraudulent review of Veteran’s medical records (C.D. Cal, aff’d at Ninth Circuit Court of Appeals).

• Represented local contractor that faced over $2.5 million in fraudulent billing allegations based on government audit alleging labor mischarging and illegal kickbacks. Obtained a favorable settlement which dismissed all claims against the contractor, converted the government's termination for default into a termination for convenience, and compensated the contractor for monies owed by the government at the time of termination.

• Managed internal investigation for major government contractor involving allegations of false testing under the FCA. Representation successfully resulted in the Department of Justice declining to intervene in the case and relator dismissing the action.

• Represented IT services provider in transaction for the sale of its State and Local Health and Human Services business division.

• Represented IT services provider in transaction to spin off its public sector contracts division.

• Successfully obtained a summary judgment verdict for a defense industry client in a multi-million dollar interference with contract action involving procurement of military vehicle components for a foreign government.

• Represented federal government contractor in audit negotiations with DCAA and DCMA, resulting in elimination and reduction of questioned costs.

• Represented federal government subcontractor in contract dispute involving sale of submarines to United States Armed Forces.

• Represented clients challenging and defending numerous government award decisions involving “meaningful discussions,” past performance, technical evaluations and best-value determinations.

• Counseled various clients on labor matters affecting government contractors, including analyzing the applicability of, and implementing, affirmative action plans.

• Lead associate on the team that handled the investigation and litigation of one of the defendants in Allison Engine Co. v. United States ex rel. Sanders, a qui tam case heard before the United States Supreme Court, which included allegations of product defects, false certifications, and failure to provide accurate “cost or pricing data.”