Scott P. Fitzsimmons

(703) 749-1000

For 20 years, Scott has focused his practice on government contracts and construction. He has represented contractors in numerous trials and hearings before state and federal tribunals, including federal courts and the U.S. Boards of Contract Appeals. Scott’s experience includes high-stake matters with values exceeding $300 Million. He also represents contractors in high-value bid protests before the United States Government Accountability Office (GAO).

Before joining Watt Tieder, 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 (CDA) claims. Scott’s experience in federal government contracts offers clients incredible insight into the federal arena and helps shepherd contractors through the administrative and regulatory requirements of public contracting.

In addition to being an attorney with Watt Tieder, Scott serves as an Officer in the United States Navy Reserve, where he holds the rank of Captain (O-6) and has commanded six units. His most recent assignment was with the Office of the Secretary of Defense in the Pentagon. Scott spends his spare time on his farm in Purcellville, Virginia, where he and his wife own several amazing horses including the 2015 Theodora A. Randolph National Fieldhunter Champion.

Memberships & Affiliations

  • ABA Public Contract Law Section
  • U.S. Court of Federal Claims Bar Association
  • Board of Contract Appeals Bar Association
  • Society of American Military Engineers

Representative Matters

  • Lead counsel at three-week trial in federal court arising from $180 Million in dispute for design and construction of a chemical processing facility on Radford Army Ammunition Plant. BAE Systems, Ordnance Systems, Inc. v. Fluor Federal Solutions, LLC, No. 20-587 (WDVA) February 2024.
  • Lead counsel on post award bid protests at GAO and COFC arising from $320 Million award for Federal Emergency Management Agency (FEMA) support services. December 2023.
  • Lead counsel for prime contractor on termination for convenience of multiple United States Army Corps of Engineers (USACE) Border Fence Projects with contract values exceeding $1.1 Billion. May 2021 to Present.
  • Lead counsel at two-week trial in federal court arising from $21 Million in dispute for package boiler facility design and construction on Radford Army Ammunition Plant. Fluor Federal Solutions, LLC v. BAE Systems, Ordnance Systems, Inc., No. 19-598 (WDVA)  January 2023.
  • Lead counsel to maintenance and operation contractor for Department of Energy (DOE) United States Strategic Petroleum Reserve facility $2 Billion upgrade to petroleum facilities and transfer units. December 2018 to Present.  
  • Lead counsel for awardee on GAO bid protest of $175 Million project for United States Army Corps of Engineers, Protest of SLSCO, Ltd. B-421104.1, B-421104 (December 13, 2022).
  • Obtained complete dismissal of claim against government contractor client by prior executive under a change of control agreement. Yocum v. The Ventura Group, Inc., No. 22-1261 (Va. Cir. May 17, 2022).
  • Lead counsel for Department of Energy (DOE) prime contractor defending against Department of Justice request for privileged, confidential information. Court denied DOJ’s request entirely. United States v. Guillory, No. 21-18 (EDLA February 7, 2022).
  • Successfully obtained dismissal to arbitration of all claims arising from renovation of Washington Metropolitan Area Transit Authority stations Project. ICS Nett, Inc. v. Kiewit Infrastructure Co., No. 19-1433 (EDVA December 23, 2019).
  • Successful settlement of seven consolidated appeals and claims exceeding $53 Million before U.S. Armed Services Board of Contract Appeals arising from U.S. Army Corps of Engineers project for construction of permanent pumping stations in New Orleans, Louisiana, Appeals of PCCP JV, ASBCA No. 61183 et al. (June 6, 2018).
  • Successfully obtained judgment for $1.6 Million on project for construction of U.S. Navy nuclear engineering training team facility.  The Ventura Group, Inc. v. Metters Industries, Inc., No. 17-14633 (Va. Cir. Ct. January 26, 2018).
  • Successfully obtained summary judgment for full amount requested plus attorney fees related to federal courthouse project in Puerto Rico. R & T Roofing Contractor, Corp. v. Fusco Corp., 265 F. Supp. 3d 145 (DPR August 22, 2017).
  • Successfully obtained $2.2 Million judgment in favor of information technology firm related to costs arising from cancelled contract with Defense Information Systems Agency (DISA). 2Connect WLL, ASBCA No. 59233, 17-1 B.C.A. (CCH) ¶ 36,775 (June 2, 2017).
  • Successful bid protest at US Court of Federal Claims related to $98 Million 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 over $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 $70 Million 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 (August 16, 2016).
  • Represented EPC 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 Federal Aviation Administration (FAA) Office of Dispute Resolution (ODRA) related to FAA contract for instructional services. Appeal of Pal Technologies, Inc., No. ODRA-15-720 (2015).
  • Represented client in multi-party litigation related to claims in excess of $13 Million for renovations to County Jail. County of Monmouth v. R.M. Shoemaker Co., No MON-L-1204-04 (2015).
  • Represented contractor in successful settlement of claims against Veterans Administration at US Civilian Board of Contract Appeals (CBCA) related to claims for changes and delays on VA outpatient clinic contract. Appeal of Sunrise VA Medical, LLC, CBCA No. 2798 (2014).
  • Represented contractor at Federal Aviation Administration (FAA)  Office of Dispute Resolution protesting FAA’s award of EnRoute Technical Assistance Support Services (ETASS) contract.  Protest of Science Applications Int’l Corp., FAA ODRA-12-606 (2012).

Publications & Presentations

  • Moderator: Ask the Judges Seminar, Boards of Contract Appeals Bar Association, November 2020.
  • Speaker: “Challenges of Building for the Federal Government, 2019 Government Contracts Update,” Construction SuperConference, Los Angeles, California, December 2019.
  • Moderator: “In-House Counsel Perspectives on Bid Protests,” ABA Section of Public Contract Law, Bid Protest Committee, McLean, VA, May 2019.
  • Moderator: “Trial Practice Before the Federal Boards of Contract Appeals,” Boards of Contract Appeals Bar Association, Washington, DC, April 2019.
  • Speaker: “Litigating the Ongoing Project: Risks and Strategies,” Construction Super Conference, Las Vegas, NV, December 2018.
  • Speaker: “Managing Technology Resources in Discovery,” Boards of Contract Appeals Bar Association (BCABA) Annual Program, October 2018.
  • Author: “Security Clearances – an Easier Process Than You Thought,” Watt Tieder Newsletter, January 2018.
  • Instructor: “Motions for Summary Judgment at the U.S. Boards of Contract Appeals,” George Washington University Law School, Washington, DC, October 2017.
  • 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 2016.
  • 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.
  • 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.
  • Author: “Finding ARRA Opportunities More than One Year Later,” Modern Contractor Solutions, September 2010.
  • Author: “First Round of Iraq Reconstruction Contracts Provide Insight into Agency Authority, Misunderstood Procurement Techniques” 56 Admin. L. Rev. 219, Winter 2004.

Areas of Practice

  • Government Contracts & Procurement
  • Federal Construction Claims
  • Bid Protests
  • DCAA Audits
  • False Claims Act Litigation
  • Compliance and Internal Investigations
  • Facility & Personnel Security Clearances
  • Federal IT Service Contracts
  • Federal Joint Venture & Teaming Agreement issues


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


  • United States Court of Federal Claims, 2004-2006

Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals
    • Federal Circuit
    • 4th Circuit
  • U.S. District Courts
    • District of Columbia
    • Eastern District of VA
    • Western District of VA
  • U.S. Court of Federal Claims
  • D.C. Court of Appeals and all DC courts
  • Supreme Court of Virginia and all Virginia state courts