Steve McBrady is a counsel in Crowell & Moring's Government Contracts Group, resident in the firm's Washington, D.C. office.
Steve's practice focuses on a wide range of federal, state, and international government procurement matters, including contract formation and business risk assessments, compliance counseling, DCAA audits and internal investigations, and cost allowability issues under the FAR cost principles and the Cost Accounting Standards. He has significant experience litigating on behalf of clients before the Boards of Contract Appeals, arbitration panels, and state and federal courts.
Steve currently serves on the Editorial Board of Government Contracting Weekly, a TV program on Washington, D.C.'s CBS affiliate WUSA*9 dedicated to emerging developments in the government contracting marketplace. His legal commentary has been featured in the the Washington Business Journal, Bloomberg, Law360, BNA Federal Contracts Report, L2 Federal Resources, and various legal blogs.
In 2013, Steve was recognized as a "Washington D.C. Super Lawyer - Rising Star" in Government Contracts.
Representative engagements include:
Government Contracts Litigation and ADR
- Counsel of record in case of first impression concerning government contract indemnification under Public Law 85-804 at the Armed Services Board of Contract Appeals.
- Counsel of record in case of first impression at the ASBCA concerning allowability of certain post-retirement benefit costs.
- Counsel of record in proceedings before the National Arbitration Panel arising out of contract disputes with U.S. government-owned corporation.
- Counsel of record in AAA arbitration arising out of commercial construction project in Washington, D.C.
- Counsel of record in numerous ASBCA appeals arising out of contract disputes and cost disallowance issues.
- Counsel of record in dispute with the District of Columbia at D.C. Contract Appeals Board.
- Litigated complex contract dispute at state university campus arising out of the construction of a cogeneration power plant.
Government Contracts Counseling and Investigations
- Representing major defense contractor in connection with DCAA audit of claim seeking recovery of incurred and estimated costs in excess of $100M.
- Conducted five-month compliance review following contractor's suspension by agency on the basis of allegations regarding contractor's ORCA certifications.
- Counseled client regarding $7 billion Multiple Award Task Order Contract RFP for renewable and alternative energy at DoD installations.
- Conducted internal investigation for contractor in response to DCAA inquiry regarding allowability of certain costs charged to government.
- Represented client with regard to sensitive False Claims Act investigation arising out of allegations by qui tam relator.
- Counseled data security provider with regard to pricing issues on GSA schedule contracts.
- Counseled U.S. construction and A-E contractors with regard to federal government contract compliance issues including provisions of the American Recovery and Reinvestment Act, Prompt Payment, Miller Act, and other industry-specific issues.
- Counseled large state university system with regard to American Recovery and Reinvestment Act funding for green / renewable energy projects.
- Counseled IT contractors regarding 28 U.S.C. § 1498 litigation before the Court of Federal Claims arising out of competitor's alleged patent infringement in the performance of government contracts.
- Counseled energy client regarding GSA Areawide Utility Contracts under FAR Part 41, including issues related to client's unregulated demand-side management affiliate.
- Advised technology vendor with regard to Health IT initiatives contained in American Recovery and Reinvestment Act.
International Government Contracts and Public-Private Partnerships
- Represented U.S. academic medical center engaged in first-of-its kind training agreement with a Latin American government involving strategic partnerships with a major pediatric hospital system and physician specialist organization.
- Advised U.S. architect-engineer with regard to a first-of-its-kind $200 million public-private partnership procurement in Uruguay.
- Advised U.S. academic medical center with regard to cutting-edge $1.5 billion public-private partnership procurement in the Middle East.
- Advised U.S. outdoor advertiser with regard to $150 million design-build-finance-operate-maintain P3 procurement with major U.S. metropolitan transit authority.
- Advised foreign contractor with regard to claim against U.S. Army Corps of Engineers arising out of military construction project in Afghanistan.
Prior to joining Crowell & Moring, Steve worked as a legislative aide to U.S. Senator Susan M. Collins, ranking member of the U.S. Senate Committee on Homeland Security and Governmental Affairs and a member of the Senate Armed Services Committee. He received his B.A. from Cornell University and completed a semester of undergraduate study at the University of Paris I (Pantheon-Sorbonne) and VII (Jussieu), and received his J.D. from The George Washington University Law School, where he was a Legal Research and Writing Fellow.
Steve is active in the community and has served on the Mayflower Foundation's Board of Advisors since 2005. He is on the Alumni Board of Cheverus High School, a Jesuit college preparatory school in Portland, Maine.