Steven M. Masiello

Steven M. Masiello

Partner - Denver
smasiello@mckennalong.com
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1400 Wewatta Street
Suite 700
Denver, CO 80202
TEL: 303.634.4355
FAX: 303.634.4400
Los Angeles
300 South Grand Avenue
14th Floor
Los Angeles, CA 90071
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Experience

Steven M. Masiello's practice focuses on client counseling and litigation concerning federal, state and commercial contracts, technology agreements 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. Specifically, he advises clients on resolving audit findings and disputes 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, intellectual property (patents, 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.

Mr. Masiello aids clients with the implementation of government contract compliance policies and procedures, including assistance with Department of Defense (“DoD”) Business Systems development, internal assessment and with the defense against adequacy challenges to such client systems. 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 DoD contracts with Boeing North American, Inc.

Notable Engagements

American Ordnance LLC v. United States, 83 Fed. Cl. 559 (2008) (judgment overturning government claim of ownership in contractor munitions production equipment).

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).

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) (judgment dismissing plaintiffs’ ERISA claims against government contractor employer for additional fringe benefits costs).

Matter of Shaw-Parsons Infrastructure Recovery Consultants, LLC (B-401679.4 et al.), 2010 CPD ¶ 77. (March 20, 2010) (protest sustained concerning government failure to consider relevant past performance information in federal procurement). 

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