Steven M. Masiello
FAX: 303.634.4400
Experience
Steven M. Masiello's practice focuses on government and commercial contracts and related regulatory matters. He represents both large and small companies across diverse industries including aerospace and defense, construction and engineering services, information technology, health care, biotechnology, pharmaceuticals and renewable energy.
Mr. Masiello possesses substantial experience assisting clients with government contract cost accounting, cost allowability and contract estimating and pricing matters, including resolution of audit findings. Specifically, he advises clients on issues arising out of the Cost Accounting Standards (CAS), Cost Principles in the Federal Acquisition Regulation (FAR) and OMB Circulars and the Truth in Negotiations Act (TINA). Additionally, he handles client bid protest concerns, equitable adjustment or breach of contract claims, reverse-Freedom of Information Act (FOIA) cases, software and data rights matters and other contract and regulatory disputes.
Mr. Masiello resolves client disputes in the state and federal courts, the Boards of Contract Appeals and through Alternative Dispute Resolution (ADR) procedures. He pursues client bid protests with state and federal agencies, the Government Accountability Office and the courts. He helps clients satisfy small business procurement concerns, while managing other contractual or regulatory challenges in state and federal administrative forums.
Mr. Masiello secured trial victory at the U.S. Court of Federal Claims in American Ordnance LLC v. United States, 83 Fed. Cl. 559 (2008) (declaratory judgment overturning government claim of ownership in contractor munitions production equipment). He also attained favorable decisions at the Armed Services Board of Contract Appeals in ATK Launch Systems, Inc., ASBCA No. 55395, 09-1 B.C.A. ¶ 34118 (finding entitlement to breach of contract damages for government’s failure to pay allowable indirect costs incurred for executive compensation) and at the U.S. District Court for the District of New Mexico in Southwest Multi-Craft Health & Welfare Trust Fund v. IAP World Services Corp., No. 1:07-cv-0337 MCA/ACT, 2008 WL 5573072 (D.N.M. August 28, 2008) (plaintiffs’ ERISA claim against government contractor employer for additional fringe benefits costs dismissed).
Mr. Masiello aids clients with the implementation of government contract compliance policies and procedures. He further conducts internal investigations and resolves allegations of contractor fraud under the False Claims Act (FCA), violation of law or regulation, overpayment or other alleged contractor wrongdoing.
Mr. Masiello is a Certified Management Accountant (CMA) designated by the Institute of Management Accountants (IMA). Prior to joining the firm, he served on active duty as an officer in the United States Air Force. He was first assigned to Space and Missile Systems Center (SMC) where he was responsible for contractual matters related to the engineering support provided to the Air Force by its Federally‑Funded Research and Development Center (FFRDC), The Aerospace Corporation. While at SMC, he also worked closely with government and industry professionals to provide contractual support for the Titan IV Launch System program. He was then assigned to the Defense Contract Management Agency (DCMA) where he served in the contract administration offices responsible for the administration of all Department of Defense (DoD) contracts with Boeing North American, Inc.
Education
- J.D., Loyola Law School, 1998
- B.S., United States Air Force Academy, 1993
Admitted
- Colorado
- California
- U.S. District Court for the Central District of California
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Federal Claims
Publications:
- "BearingPoint Decision Confirms No Exclusive Means Exist for Supporting Incurred Costs," co-authors Arash Heidarian and Taylor Menlove, Westlaw Journal - Government Contract (Vol. 23, Issue 21, February 22, 2010).
- "Feature Comment: CDA Statute of Limitations Applied to Bar the Government's Claim in American Ordnance v. U.S., " co‑author Timothy R. Odil, The Government Contractor, Vol. 51, Number 8 (February 25, 2009)
- “ATK Thiokol Decision Creates a Rational Standard For Classifying Costs of R&D and Tangible Capital Assets,” co-authors Michael L. Bell and Thomas A. Lemmer, Federal Contracts Report, Vol. 85, Number 3 (January 2006)
- "Protecting Confidential Information Submitted In Procurements To Colorado State Agencies," co-author Jennette C. Roberts, 34 The Colorado Lawyer 67 (Jan. 2005)
- "Managing Subcontract Defective Pricing Liability," co-author Phillip R. Seckman, Briefing Papers No. 04-10 (Sept. 2004)
- "Commercial Contract Liability," co-authors Michael D. Schag and Sandra B. Wick, Contract Management, Vol. 42, Issue 9 (Sept. 2002)
- "Electronic Commerce Gains a Legal Foothold," Contract Management, Vol. 40, Issue 11 (Nov. 2000)
- "Penalties For Unallowable Costs," co-author Thomas A. Lemmer, Briefing Papers No. 99-6 (May 1999)
Seminars and Presentations:
- Effective Management of DCAA Audits; Cost and Pricing Update, NCMA Pikes Peak Chapter, January 21, 2010
- Government Contracts IP. NCMA Denver Chapter, November 10, 2009.
- American Reinvestment and Recovery Act (ARRA): Funding Opportunities with Strings Attached,” Association of Corporate Counsel (“ACC”), October 21, 2009.
Professional Activities:
- American Bar Association
- Colorado Bar Association
- Institute of Management Accountants (IMA)
- National Contract Management Association (NCMA)
- State Bar of California