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).