Partner, Denver
1875 Lawrence Street
Suite 200
Denver, CO 80202

TEL: 303.634.4350
FAX: 303.634.4400
EMAIL: tlemmer@mckennalong.com

PROFILE

Thomas Lemmer is a partner in McKenna Long & Aldridge's Denver, Colorado office.  He joined the firm in 1980.  Mr. Lemmer heads the firm's procurement contracts practice in that office, which includes federal, state and local government and commercial contracting.  Mr. Lemmer counsels businesses regarding contract formation, contract administration and dispute resolution relating to agreements between commercial entities and government.

In the area of federal government procurement, Mr. Lemmer has experience in numerous areas, with significant experience in contract cost allowability, the Cost Accounting Standards and defective pricing.  In the areas of cost questions and Cost Accounting Standards, Mr. Lemmer has been involved in the areas of compensation, particularly pensions, postretirement benefits and employee stock ownership plans; restructuring issues; asset valuations in the context of mergers and acquisitions; IR&D and B&P issues; and environmental cost recovery issues.  Mr. Lemmer successfully litigated NI Industries, ASBCA No. 34943, 92‑1 B.C.A. ¶ 24,631 (Nov. 29, 1991) (pension reversion issue) and Ball Corp., ASBCA No. 49118, 00‑1 B.C.A. ¶ 30,864 (ESOP costs).  Most recently, Mr. Lemmer successfully litigated the landmark case regarding the allowability of IR&D costs, ATK Thiokol, Inc. v. United States, 68 Fed. Cl. 612 (2005). 

Mr. Lemmer has been involved in the preparation of equitable adjustment and breach of contract claims.  He has litigated claims and other general contract interpretation issues involving changes, contract interpretation, and breach of contract issues, including construction claims.  Mr. Lemmer also has litigated actions before the General Accountability Office, the Boards of Contract Appeals, federal district courts and Freedom of Information Act cases.

Mr. Lemmer has participated in representing contractors subject to fraud investigations for defective pricing and mischarging of pension costs.  Those investigations have involved the Department of Justice, local U.S. attorney's offices and various investigative services.  Mr. Lemmer frequently writes and lectures in the field of government contracts.

Mr. Lemmer also has experience in other regulated industries, especially telecommunications.  He has been involved extensively in the implementation of the Telecommunications Act of 1996, primarily in the various arbitrations and other proceedings before state public service commissions that the Act mandates.

Before joining MLA, Mr. Lemmer was associated with Peat, Marwick, Mitchell & Co. where he provided consulting services on government contract issues.  He is a fellow member of the Colorado Society of Certified Public Accountants.  He also is a member of the American Institute of Certified Public Accountants.

Mr. Lemmer has been recognized as a “Colorado Super Lawyer” by the publishers of Law and Politics.  He is a recipient of the NCMA Fellow Award, which is reserved for individuals who have made significant contributions to the field of contracting and to the National Contract Management Association.