Scott M. Heimberg

Partner

Areas of Focus

Scott M. Heimberg

Partner

sheimberg@akingump.com

Areas of Focus

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Biography
  • Has more than 35 years of experience representing companies on government contracts matters.
  • Advises on federal contract formation and administration issues, contract disputes litigation, mergers and acquisitions, facility security clearances, government investigations and compliance counseling.

Scott Heimberg frequently represents technology and start-up companies seeking to identify potential government markets and evaluate the benefits and liabilities associated with selling to the government. In addition, he counsels clients on issues of fraud, waste and abuse, including suspension and debarment matters.

He has successfully defended Fortune 500 technology and health care companies, as well as construction companies, against civil False Claims Act actions. He also regularly represents government contractors involved in transactions with foreign entities, advising on the Committee on Foreign Investment in the United States (CFIUS) process, and obtaining and maintaining security clearances.

His experience includes federal contract formation and administration, as well as contract disputes litigation, including litigation of construction claims. He has successfully resolved, through litigation or settlement, numerous construction claims.

Representative Work
  • Advising Fortune 500 technology companies on Buy American Act and Trade Agreements Act requirements in federal contracts and Buy America requirements on Department of Transportation-funded contracts.
  • Successfully resolving with the Defense Security Service foreign ownership, control and influence issues on behalf of investment funds acquiring government contractors in the United States.
  • Advising technology and energy clients on compliance with Department of Energy-funded agreements, loan and cooperative agreements and Department of Defense renewable energy initiatives.
  • Successfully defending an owner against a claim for more than $100 million arising out of a termination for default of a construction contract.
  • Negotiating a favorable settlement on behalf of a general contractor on its claims arising out of a U.S. Army Corps of Engineers contract in Qatar.
  • Achieving a favorable settlement on behalf of a government subcontractor performing work in Iraq after filing suit in U.S. District Court for the Eastern District of Virginia.

Education
  • J.D., The George Washington University Law School, with honors, 1984

  • B.A., Franklin & Marshall College, 1981

Bar Admissions
  • District of Columbia

  • Maryland

Recognitions
  • The Legal 500 US, Government contracts, 2017, 2019 and 2021 to 2023.
  • Chambers USA, Nationwide Government Contracts, 2014 to 2017.
  • Charter Fellow, Construction Lawyers Society of America.
Affiliations and Public Service
  • Member, Section on Public Contract Law, and Committee Member, Committee on Privatization and Outsourcing, American Bar Association.
  • Member, District of Columbia Bar Association.
  • Member, Maryland Bar Association.
  • Member, Board of Contract Appeals Bar Association.
  • Member, National Contracts Management Association.
  • Member, Trial Law Institute & Diversity Law Institute, Construction Lawyers Society of America.
  • Board Member Phillips Programs for Children & Families.
Speeches and Publications
  • Panelist, “Legal Developments Affecting Procurement, Foreign Investment, and Trade with the United States,” Ontario Bar Association and Canadian Corporate Counsel Association - Ontario Chapter, November 28, 2018, Ontario, Canada.
  • Panelist, “Purchasing & Selling Government Contracts,” Association of Corporate Counsel National Capital Region, November 8, 2018, Washington, D.C.

Insights and Achievements

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