Scott N. Flesch

Scott N. Flesch advises government contractors on a broad range of legal and regulatory issues arising from their work with state and federal agencies. His practice encompasses contract disputes and appeals, bid protests, investigations, compliance matters, and complex civil litigation for both primes and subcontractors. 

Mr. Flesch is a well-known and trusted counselor in the procurement community. He assists clients with investigating allegations of procurement fraud and procurement integrity, analyzing potential organizational conflicts of interest (OCIs), navigating mandatory disclosure obligations, and responding to government investigations and audits. He routinely represents clients before the Government Accountability Office (GAO), the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and the U.S. Court of Federal Claims (COFC). Mr. Flesch is an experienced mediator in false claims matters between the Department of Justice (DOJ) and government contractors.  

Mr. Flesch guides contractors through the full spectrum of procurement and compliance issues, including contract claims and requests for equitable adjustment (REA), small business regulations and program eligibility, compliance inquiries, other transaction agreements (OTAs), contract terminations, installation bars, cost allowability and cost accounting, defective pricing, subcontract pricing and flowdowns, commercial products and services, post-government employment restrictions, and business ethics and standards of conduct requirements. These matters span across intelligence and national security communities, the Department of War (DOW), the Department of Homeland Security (DHS), the General Services Administration (GSA), the Department of Veteran Affairs (DVA), and other federal agencies.

Prior to joining Miller & Chevalier, Mr. Flesch served as the Army Chief Trial Attorney (CTA) appointed by the Judge Advocate General (TJAG) 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 ASBCA and the COFC, except for appeals originating from the U.S. Army Corps of Engineers (USACE) 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) of the U.S. Army Legal Services Agency. 

Mr. Flesch was previously KLIP's Chief, Bid Protests, where he was responsible for the litigation of protests filed against Army and various DOW agencies at the GAO and the COFC. He supervised, led, trained, and mentored military and civilian trial attorneys in defending protests from 2011 through 2019, including more than 1,900 GAO cases and more than 170 COFC protests on behalf of various Army and DOW 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 including administrative 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 is also a former adjunct faculty member at The Catholic University of America's Columbus School of Law, where taught comparative military justice and government contracts.