Portrait of
Named a
Washington, D.C.
"Rising Star" (2013-2015)
by Super Lawyers Magazine.
Stephen J. McBrady, Partner Washington, D.C.
smcbrady@crowell.com
Phone: +1 202.624.2547
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

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.

Experience

Steve represents clients on a wide range of federal, state, and international government procurement matters, including contract claims and disputes, government contracts due diligence in support of M&A transactions, ethics and compliance counseling, DCAA audits and cost allowability issues under the FAR cost principles and the Cost Accounting Standards. He also regularly assists clients with complex internal investigations relating to the civil False Claims Act, Truth in Negotiations Act (TINA) compliance and defective pricing, disclosures to the U.S. Government, and other civil matters.

Steve frequently represents clients in litigation before the boards of contract appeals, state and federal courts, arbitration panels, and state-level contract appeals boards, often pursuing affirmative recoveries for clients entitled to relief under the clauses contained in their contracts. Over the past several years, Steve has litigated cases in Washington, D.C., Virginia, Maryland, Pennsylvania, South Carolina, Nevada, Washington, and California.

Representative experience:

Government Contracts Litigation

  • Counsel of record in AAA arbitration and mediation proceedings in prime-sub dispute arising under $500 million federal program. Representation included victories in U.S. District Court TRO/PI proceedings, and TRO/PI proceedings under AAA Rule 38.
  • Counsel of record in major federal and state-level disputes including affirmative contractor claims, prime-sub teaming disputes, default terminations, bid protest and suspension and debarment actions.
  • Counsel of record in dozens of appeals at the Armed Services Board of Contract Appeals arising out of cost disallowances, unilateral rate determinations, and government demands for payment ranging from $1 million to $250 million.
  • Counsel of record in CDA appeal concerning $250 million government contract indemnification claim under Public Law 85-804.
  • Counsel of record for AbilityOne contractor in successful defense against government termination for default.
  • Counsel of record in numerous construction disputes in state, federal, and arbitration proceedings.
  • Counsel to GSA schedule contractor in False Claims Act dispute arising out of allegations by qui tam relator.
  • Extensive experience with preparation and negotiation of contractor requests for equitable adjustment.

Government Contracts Due Diligence

  • Represent private equity and corporate clients in the acquisition and sale of government contractors, corporate reorganizations, formation of separate legal entities for federal contracting, due diligence reviews, preparing/negotiating representations and disclosure schedules, novation of contracts, and other unique issues that arise in government contractor transactions.
  • Provide strategic advice and due diligence on buy-side and sell-side deals with DoD, IC, and civilian agency components.
  • Provide advice with respect to discrete diligence issues including facility and individual clearance, intellectual property, cost and pricing issues, OCI, Berry Amendment, and other government contractor and regulatory requirements.

Critical Emerging Regulatory and Legislative Issues

  • Provide timely counseling for contractors and industry trade groups on “immediate need” issues arising out of new legislative and regulatory challenges.  Examples over the past few years include:
    • The American Recovery and Reinvestment Act: counseling for clients in the construction and renewable energy fields with respect to ARRA funding and assistance navigating unique risks and requirements associated with stimulus funding.
    • Sequestration / Government Shutdown: counseling for clients with respect to potential impacts associated with contract performance, billing and payment issues.
    • New Executive Orders: counseled clients with respect to new EOs, including drafting comments regarding the FAR Council’s Proposed Rule and the Department of Labor’s Proposed Guidance for implementing the “Fair Pay and Safe Workplaces” Executive Order.

Government Contracts Counseling and Investigations

  • Represented clients with respect to “Fair Pay and Safe Workplaces” EO, including conducting a first-of-its-kind Compliance Review for “Fair Pay” compliance.
  • 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.
  • 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 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.

Steve frequently speaks at government and industry events around the country, and his legal commentary has been featured on the Government Contracting Weekly television show on CBS affiliate WUSA*9, WTOP Federal News Radio, the Washington Business Journal, Bloomberg, Law360, Compliance Week, BNA Federal Contracts Report, Thomson Reuters, L2 Federal Resources, Construction Magazine, and the Government Contracts Legal Forum. He is also on the Editorial Advisory Board of Law360 Aerospace and Defense.

Prior to joining the law 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. 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.



Affiliations

Admitted to practice: District of Columbia, Commonwealth of Virginia, U.S. Court of Federal Claims, U.S. District Court for the District of Columbia, U.S. District Court for the Eastern District of Virginia, U.S. District Court for the Western District of Virginia, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the District of Columbia

Other Affiliations 

DC PPP
Board of Advisors, Mayflower Foundation
Aerospace & Defense Law360 Editorial Advisory Board Member, 2014-2015



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Firm News & Announcements

Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Jan.09.2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
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