Steve McBrady is a partner in Crowell & Moring's Government Contracts Group, resident in the firm's Washington, D.C. office. In 2013 and 2014, Steve was recognized as a Washington, D.C. "Rising Star" by Super Lawyers Magazine for his government contracts and international work.
Steve represents clients on a wide range of federal, state, and international government procurement matters, including compliance counseling, DCAA audits and internal investigations, and cost allowability issues under the FAR cost principles and the Cost Accounting Standards.
Steve regularly represents clients in litigation before the boards of contract appeals, state and federal courts, arbitration panels, and state-level contract appeals boards. He has represented clients in matters involving the government's breach of contract, claims for contract changes, termination for default, termination for convenience, Truth in Negotiations Act (TINA) compliance and defective pricing, contract negotiations, indemnification under Public Law 85-804, and government claims involving the Cost Accounting Standards and the allowability of contractor costs. Over the past several years, Steve has litigated cases in Washington, D.C., Virginia, Pennsylvania, South Carolina, Nevada, and California. He also regularly assists clients with complex internal investigations relating to the civil False Claims Act, TINA, disclosures to the U.S. Government, and other civil matters.
Steve frequently speaks at Government and industry events around the country, and his legal commentary has been featured in the Washington Business Journal, Bloomberg, Law360, BNA Federal Contracts Report, Thomson Reuters, L2 Federal Resources, Construction Magazine, and the Government Contracts Legal Forum. He currently serves on the Editorial Advisory Board of Law360 Aerospace and Defense, and the Editorial Board of Government Contracting Weekly, a TV program on Washington, D.C.'s CBS affiliate WUSA*9.
In recent years, Steve has provided training to in-house counsel and client business teams on the preparation and negotiation of requests for equitable adjustment (REAs), the preparation of contractor claims under the Contract Disputes Act, and new developments with respect to the CDA statute of limitations.
Representative engagements include:
Government Contracts Litigation
- Counsel of record in dozens of appeals at the ASBCA arising out of cost disallowances, unilateral rate determinations, and government demands for payment, driven by the CDA statute of limitations.
- Counsel of record in CDA appeal concerning $250 million government contract indemnification claim under Public Law 85-804.
- Counsel of record in CDA appeal concerning the allowability of post-retirement benefit costs.
- Counsel in major State-level disputes in the District of Columbia, Virginia, California, Nevada, and South Carolina, on diverse sets of issues including enterprise software, healthcare services, construction, and power plant infrastructure.
- Counsel of record in proceedings before the National Arbitration Panel arising out of contract disputes with U.S. government-owned corporation.
- Counsel for numerous defense and construction clients with respect to the preparation and negotiation of requests for equitable adjustment.
Construction Litigation and Commercial Contracts
- Counsel of record in litigation arising out of multiple large-scale residential development projects in the Washington Metro Area.
- Counsel of record in complex commercial contract dispute involving telecom services provider.
- Pre-dispute counseling with respect to large construction projects in several states.
- Counseling IT start-ups on a range of issues including corporate formation, intellectual property, subcontract and supplier agreements, tax and corporate inversion related issues.
Government Contracts Counseling and Investigations
- Represented major defense contractor in connection with DCAA audit of claim seeking recovery of incurred and estimated costs in excess of $100M.
- Conducted internal investigation arising out of DCAA audit report asserting defective pricing on IDIQ contract.
- 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 environmental 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.
Prior to joining the firm, Steve served as a Legislative Aide to U.S. Senator Susan M. Collins, a senior member of the Senate Armed Services Committee, and Ranking Member on the U.S. Senate Committee on Homeland Security and Governmental Affairs. 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). He 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, having been recognized as a member of the Capital Pro Bono Honor Roll in 2011, 2012, and 2013. He has also served on the Mayflower Foundation's Board of Advisors, and the Alumni Board of Cheverus High School, a Jesuit college preparatory school in Portland, Maine.