Steve McBrady is a counsel in Crowell & Moring's Government Contracts Group, resident in the firm's Washington, D.C. office.
Steve works with clients 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.
Steve regularly represents clients in litigation arising under the Contract Disputes Act (CDA), having served as counsel of record in dozens of cases at the Armed Services Board of Contract Appeals. As DCAA and DCMA have felt increased pressure from the CDA statute of limitations, Steve has increasingly handled contractor appeals arising out of cost disallowances, unilateral rate determinations, and Government demands for payment. He also regularly represents clients in high-stakes litigation in state and federal courts around the country, and before arbitration panels and state-level contract appeals boards.
Steve currently serves on the Editorial Board of Government Contracting Weekly, a TV program on Washington, D.C.'s CBS affiliate WUSA*9, and the Editorial Advisory Board of Law360 Aerospace and Defense. He regularly addresses Government and industry groups around the country, and his legal commentary has been featured in the Washington Business Journal, Bloomberg, Law360, BNA Federal Contracts Report, L2 Federal Resources, and the Government Contracts Legal Forum.
In 2013 and 2014, Steve was recognized as a "Washington D.C. Super Lawyer - Rising Star."
Representative engagements include:
Government Contracts Litigation and ADR
- Counsel of record in dozens of appeals at the ASBCA arising out of out of cost disallowances, unilateral rate determinations, and Government demands for payment.
- 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 of record in litigation in U.S. District Court and AAA arbitration proceedings arising out of large commercial and residential construction projects.
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.
- 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 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 the 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 listed on the Capital Pro Bono Honor Roll since its inception in 2011. 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.