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Scott N. Flesch focuses his practice on government contracts-related litigation, including contract claims and disputes, bid protests, and suspension and debarment. 

Mr. Flesch is widely known as a preeminent expert in government contracts litigation. Prior to joining Miller & Chevalier, he served as the Army Chief Trial Attorney (CTA), appointed by the Judge Advocate General (JAG) of the U.S. Army. In that capacity, he served as the authorized representative of the Secretary of the Army with sole authority and responsibility for the conduct and control of litigation of contract disputes for all Department of the Army cases docketed with the Armed Services Board of Contract Appeals (ASBCA) and the U.S. Court of Federal Claims (COFC), except for appeals originating from the U.S. Army Corps of Engineers valued under $3 million. He oversaw the litigation activities of 36 military and civilian trial attorneys and paralegals assigned to the Contract Litigation and Intellectual Property Division (KLIP). 

Mr. Flesch was previously KLIP's Chief, Bid Protests, where he was responsible for the litigation of protests filed against Army and various Department of Defense (DoD) agencies at the Government Accountability Office (GAO) and the COFC. Mr. Flesch supervised, led, trained, and mentored military and civilian trial attorneys in defending protests. From 2011 through 2019, he was responsible for the litigation of over 1,900 GAO cases and over 170 COFC protests on behalf of various Army and DoD clients.  

Prior to his bid protest Chief role, Mr. Flesch served as a military and a civilian Trial Attorney in KLIP, litigating disputes before the ASBCA and bid protests before the GAO and the COFC. He also managed a procurement fraud portfolio administrating five compliance agreements between the Army's Suspension Debarment Official and various corporations. Mr. Flesch is a veteran and served on active-duty and in the U.S. Army JAG Corps Reserves. 

Mr. Flesch has been an adjunct faculty member at The Catholic University of America's Columbus School of Law since 2004 and has taught government contracts for the past 11 years.

Government Experience
  • Army Chief Trial Attorney, Legal Services Agency, U.S. Army, 2020 - 2023
  • Chief, Bid Protests, Contract & Fiscal Law Division, U.S. Army, 2011 - 2020
  • Trial Attorney, Contract & Fiscal Law Division, U.S. Army, 2003 - 2011
  • Chief of Military Justice, Headquarters, 1st Cavalry Division (Rear)(Provisional), U.S. Army, 2006 - 2007
  • Senior Defense Counsel, Trial Defense Service, U.S. Army, 2002 - 2003
  • Trial Defense Attorney, Trial Defense Service, U.S. Army, 2000 - 2001
  • Environmental Law Attorney, III Corps and Fort Hood, U.S. Army, 1999 - 2000
  • Legal Assistance Attorney, III Corps and Fort Hood, U.S. Army, 1998 - 1999
Affiliations
  • Board of Governors Member, Board of Contract Appeals Bar Association, 2018 - present
  • Co-Chair, Contract Claims & Disputes Resolution Committee, Public Contract Law Section, American Bar Association (ABA), 2021 - present
  • Vice-Chair, Contract Claims & Disputes Resolution Committee, Public Contract Law Section, ABA, 2019 - 2021
  • Council Member, Public Contract Law Section, ABA, 2018 - 2021
  • Co-Chair, Bid Protest Committee, Public Contract Law Section, ABA, 2018 - 2021
  • Vice-Chair, Bid Protest Committee, Public Contract Law Section, ABA, 2015 - 2018
  • Co-Chair, Annual and Quarterly Program Committee, Public Contract Law Section, ABA, 2019 -2021
  • Director, Federal Procurement Institute, ABA, 2021
  • Co-Chair, Federal Procurement Institute, ABA, 2015
Admissions
State Admissions
  • District of Columbia
  • Maryland
  • New Jersey
Court Admissions
  • United States Supreme Court
  • United States Court of Appeals for the Armed Forces
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Federal Claims
  • United States District Court for the District of New Jersey
Clerkships
  • Legal Intern, Honorable H.F. "Sparky" Gierke, U.S. Court of Appeals for the Armed Forces, 1996
  • Law Clerk, Office of the Federal Public Defender, Washington, DC, 1995 - 1996
     
News and Events

Events

Speaking Engagement

BCABA's Annual Program

Speaking Engagement

Most Important Government Contract Cases of 2023

Publications