Scott P. Fitzsimmons

Scott Fitzsimmons focuses his practice on government contracts and construction. He has represented contractors, owners and subcontractors in numerous trials and hearings in both state and federal court. Before joining Watt, Tieder, Hoffar & Fitzgerald, Scott served for two years as a law clerk to a federal judge on the United States Court of Federal Claims where he focused on federal government contract matters including bid protest and Contract Disputes Act claims. Scott’s unique experience in federal government contracts offers clients incredible insight into the federal arena and helps shepherd clients through the administrative and regulatory requirements of public contracting.

Scott’s experience includes four years of active service as a line officer in the United States Navy. His tours in the Navy included multiple deployments to the Arabian Gulf and the Mediterranean Sea.  Scott currently serves in the U.S. Navy Reserve where he has held command of four units and was recently selected for promotion to the rank of Captain (O-6).

  1. General Information

    Education

    • Washington College of Law, American University, J.D., 2004,cum laude
    • Administrative Law Review
    • University of Virginia, B.A., 1997
    • United States Naval War College, M.A., 2010

    Clerkship

    • United States Court of Federal Claims, 2004-2006

    Bar Admissions

    • District of Columbia
    • Virginia

    Court Admissions

    • United States Court of Appeals for the Federal Circuit
    • United States Court of Appeals for the 4th Circuit
    • United States District Court, District of Columbia
    • United States District Court, Eastern District of Virginia
    • United States District Court, Western District of Virginia
    • United States Court of Federal Claims
    • District of Columbia Court of Appeals and all DC courts
    • Supreme Court of Virginia and all Virginia state courts

    Practice Areas:

    • Government Contracts & Procurement
    • Federal Construction Claims
    • Bid Protests
    • DCAA Audits
    • False Claims Act Litigation
    • Facility & Personnel Security Clearances
    • Federal IT Service Contracts
    • Federal Joint Venture & Teaming Agreement issues
  2. Memberships & Affiliations
    • American Bar Association
      • Forum on the Construction Industry
      • Public Contract Law
    • Virginia Bar Association
      • Construction Law Section
      • Public Contract Law Section
    • Associated General Contractors of America
    • Society of American Military Engineers
  3. Representative Projects

    Representative Projects

    • Ongoing representation of prime contractor related to $630 Million project for construction of new hurricane protection system with US Army Corps of Engineers in New Orleans, Louisiana.
    • Successful bid protest at US Court of Federal Claims related to contract with Defense Information Systems Agency (DISA). Court issued permanent injunction stopping award, Level 3 Communications, LLC v. United States, 129 Fed. Cl. 487 (2016).
    • Successful protest at GAO of Kuwait-Base Operating and Security Support Services contract (K-BOSSS 2.0) awarded by US Army worth up to $800 Million. US Army took corrective action and cancelled award, Protest of Fluor Federal Solutions, LLC, No. B-414009.1.
    • Favorable settlement of all claims by prime contractor on federal courthouse renovation project with US General Services Administration (GSA). Acquired settlement after appeal to United States Civilian Board of Contract Appeals, Appeal of Fusco Corporation, CBCA No. 4830 (Aug 16, 2016).
    • Represented ECP contractor on construction of Vogtle Nuclear Power Plants 3 and 4 in Waynesboro Georgia related to regulatory and design changes exceeding $1.5 Billion, Georgia Power Co. v. Westinghouse Electric Company LLC et al. No. 12-167 (S.D. Georgia 2015).
    • Represented contractor in a Bid Protest at FAA Office of Dispute Resolution (ODRA) related to FAA management learning services contract. Appeal of Pal Technologies, Inc., No. ODRA-15-720 (2015).
    • Represented performance bond surety in multi-party litigation related to claims in excess of $13 Million for construction of the County Jail. County of Monmouth v. R.M. Shoemaker Co., No MON-L-1204-04 (2015).
    • Represented prime contractor at trial before the Armed Services Board of Contract Appeals related to contract with DISA. Appeal of 2Connect, WLL, ASBCA No. 59233 (2015)
    • Represented contractor in successful settlement of claims against Veterans Administration at Civilian Board of Contract Appeals related to claims for changes and delays on VA outpatient clinic contract. Appeal of Sunrise VA Medical, LLC, CBCA No. 2798 (2014).
    • Represented intervenor at GAO on protest of DISA procurement. Bahrain Telecommunications Co., B.S.C., B-407682.2 (2013).
    • Represented contractor at FAA’s Office of Dispute Resolution protesting FAA’s award of ETASS contract. Protest of Science Applications Int’l Corp., FAA ODRA-12-606 (2012).
  4. Publications and Presentations
    • Speaker:  “How to Respond When an Owner Triggers its Audit Provision” Construction Superconference, Las Vegas, NV December 2016.
    • Speaker:  “The Owner Wants to Audit Us,” DCAA audits, ABA Conference, January 2015.
    • Speaker:  “Facility and Personnel Security Clearances, Laws & Regulations,” Eastern Foundry, September 2015.
    • Author:  “New Past Performance System Requires Prompt Contractor Response,” Watt Tieder Newsletter, Summer 2014.
    • Coordinator:  “Trial Practice Seminar,” Board of Contract Appeals Bar Association, March 2014.
    • Speaker: “Illegal Gratuities, Kickbacks and Bribes: Which Activities Can Inadvertently Fall Into These Categories, and Legal Protections,” Associated General Contractors of America, September 2012.
    • Speaker: “Challenges with the Veterans First Contracting Program,” Associated General Contractors of America, Federal Contractors Conference, April 2012.
    • Instructor: “BIM Contract Negotiation and Risk Management,” Associated General Contractors of America, July 2011.
    • Speaker: “Limiting Legal Liability in Geotechnical Engineering,” American Society of Civil Engineers, May 2011.
    • Instructor: “BIM Contract Negotiation and Risk Management,” Associated General Contractors of America, April 2011.
    • Speaker: “Federal Construction: Changes, Delays & Disputes,” American Society of Professional Estimators, February 2011.
    • Author: “Federal Court Requires a Certified Claim to Defend Against Liquidated Damages,” Watt Tieder Newsletter, Fall 2010.
    • Instructor: “BIM Contract Negotiation and Risk Management,” Associated General Contractors of America, December 2010.
    • Author: “Finding ARRA Opportunities More than One Year Later,” Modern Contractor Solutions , September 2010.
    • Instructor: “The History of Construction,” Phelps Architecture, Construction, and Engineering High School, Washington, DC, September 2010.
    • Featured in Washington Contractor magazine, “Member Volunteers Play Critical Role at AGC of DC,” August 2010.
    • Instructor: “Project Manager Development Program: Contract Administration,” Associated General Contractors of America, August 2010.
    • Speaker: “Risks and Potential Claims Arising from LEED Requirements in Federal Construction,” Court of Federal Claims Bar Association, June 2010.
    • Speaker: “LEED in Federal Construction,” U.S. Green Building Council, National Capital Region, May 2010.
    • Author: “Through the Looking Glass: Contract Terms from a Surety Prospective,” Construction Executive magazine, November 2008.
    • Author: “Paying for a Chevy and Getting a Cadillac – Damages for Defective Construction May Far Exceed The Contract Amount,” Watt Tieder Newsletter, Summer 2008.
    • Author: “Defeating Dicta: Federal Circuit Upholds a Payment Bond Surety’s Right to Bring Suit Against the United States,” Watt, Tieder, Hoffar & Fitzgerald Newsletter, Fall 2007.
    • Author: “First Round of Iraq Reconstruction Contracts Provide Insight into Agency Authority, Misunderstood Procurement Techniques,” 56 Administrative Law Review 219, Winter 2004.
    • Contributor: “The Advantages of Raising the Impairment of Surety Doctrine,” Fourteenth Annual Northeast Surety and Fidelity Claims Conference, September 2003.