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Kayleigh Scalzo represents government contractors in high-stakes litigation matters with the government and other private parties. She has litigated bid protests in a wide variety of forums, including the Government Accountability Office, U.S. Court of Federal Claims, U.S. Court of Appeals for the Federal Circuit, FAA Office of Dispute Resolution for Acquisition, Port Authority of New York and New Jersey, federal and state agencies, and state courts. She is also a co-head of the firm’s Claims, Disputes, and Other Litigation Affinity Group within the Government Contracts practice.
Ms. Scalzo has particular experience navigating state and local procurement matters at both ends of the contract lifecycle, including bid protests and termination matters. In recent years, she has advised and represented clients in connection with procurements in Alaska, Arizona, California, the District of Columbia, Illinois, Indiana, Kansas, New Jersey, New York, Pennsylvania, Tennessee, Texas, and Virginia.
Ms. Scalzo is a frequent speaker on bid protest issues, including the unique challenges of protests in state and local jurisdictions.
Ms. Scalzo maintains an active pro bono practice focused on immigration issues and gender rights.
- Bid protests in a variety of forums:
- Won GAO protest overturning $600 million contract awarded by the Department of Labor for pharmacy benefits management services (2020).
- Won defense of two GAO protests, a COFC protest, and a Federal Circuit appeal protecting $40 billion contracts awarded by the Department of Veterans Affairs for the Community Care Network (2019-2020).
- Won protest before the Indiana Department of Administration (2020).
- Won protest defense before the Alaska Office of Administrative Hearings (2019).
- Won protest defense of multi-billion-dollar Medicaid managed care contract against multiple protests in Kansas state court (2018).
- Won protest defense of $170 million contract awarded by the Department of the Navy, Naval Information Warfare Systems Command (2019).
- Won protest defense of $100 million biometrics contract awarded by the Department of Homeland Security (2018).
- Won protest defense of Department of Veterans Affairs contracts valued at up to $7 billion (2017).
- Won protest before the FAA’s Office of Dispute Resolution for Acquisition, obtaining relief through mediation (2017).
- Won protest defense of $500 million pharmacy benefits manager contract in California state court (2017).
- Successfully defended $50 million sole-source contract extension to air combat services contractor (2017).
- Other litigation and disputes matters:
- Successfully represented company in challenging a termination for cause by a state agency, resulting in a conversion to a termination for convenience (2020).
- Successfully overturned debarment through Administrative Procedure Act challenge in the U.S. District Court for the District of Columbia (2017).
- Through motions practice, won a complete voluntary dismissal of a veiled bid protest brought in district court (2015).
- Advised leading defense contractor on a multi-million-dollar prime-subcontractor dispute in connection with a NATO contract (2015).
Pro Bono
- Obtained asylum for a West African man who suffered persecution in his native country based on his sexual orientation.
- Represents a Central American woman seeking asylum based on persecution suffered in her native country.
- Represented two female soldiers challenging the now- defunct Army policy excluding women from combat assignments.
Memberships and Affiliations
- American Bar Association Public Contract Law Section
Rising Star: Covington's Kayleigh Scalzo
August 10, 2020, Law360
Kayleigh Scalzo has been named a Law360 Rising Star in Government Contracts.
July 16, 2020, Inside Government Contracts
A recent Armed Services Board of Contract Appeals decision serves as a timely reminder for contractors to carefully read and consider any release of claims before signing — especially when you may have otherwise-recoverable coronavirus-related cost increases. The decision, Appeal of Horton Construction Co., Inc., ASBCA No. 61085 (June 2, 2020), concerned Horton ...
July 8, 2020, Inside Government Contracts
Although it is usually good news for a protester when an agency takes corrective action, the corrective action sometimes fails to adequately address the protest grounds. When this occurs, a protester may wish to file a new protest challenging the agency’s corrective action. The question of when to file a corrective action challenge is often...… Continue ...
July 6, 2020
WASHINGTON— Law360 has named Covington partners Sean Akins, Dustin Cho, Adrian Perry, Jennifer Saperstein, Kayleigh Scalzo, Ashley Simonsen, and William Woolston among its “Rising Stars.” Covington’s seven “Rising Stars” were the most of any firm this year. This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” ...
June 24, 2020, Inside Government Contracts
It’s a big deal in the government contracts community whenever the Federal Circuit weighs in on a bid protest. And it is a particularly big deal when the Federal Circuit issues a split opinion in a bid protest. That’s what happened last week in Inserso Corporation v. United States (No. 2019-1933), where the Federal Circuit...… Continue Reading The post Federal ...
June 22, 2020, Bloomberg Law
Kayleigh Scalzo is quoted in Bloomberg Law regarding the decision by losing bidders for federal contracts not to protest COVID-19 contract awards in court or before the agency responsible for ensuring contract integrity. According to Ms. Scalzo, staying on the good side of the federal agencies that many contractors have long-term relationships with may explain, ...
May 12, 2020, Inside Government Contracts
Many government contractors are familiar with the well-established processes of federal bid protests. Less known is the dizzying variety of procedures applicable to state and local bid protests, and a rule that is well-established in one jurisdiction may be nonexistent in another. Although there are some unifying themes that pervade protest practice everywhere ...
May 7, 2020, Inside Government Contracts
The government’s response to the coronavirus pandemic implicates a host of authorities of interest to contractors, from those under the Stafford Act to its recently invoked Defense Production Act powers. The government has another critical, and perhaps under-examined, set of tools at its disposal to meet the demands of the pandemic: FAR Part 18, “Emergency...… ...
April 2020, Briefing Papers
March 18, 2020, Inside Government Contracts
As a result of novel Coronavirus (SARS-CoV-2) and COVID-19, federal and state governments have a sudden and unanticipated need for more goods and services. Some of those goods and services are highly specialized and specific to Coronavirus and COVID-19. But governments also have an increased and urgent need to buy otherwise-routine goods and services that...… ...
November 14, 2019, Inside Government Contracts
As previously discussed on this blog, the National Defense Authorization Act for Fiscal Year 2017 and the NDAA for Fiscal Year 2018 imposed new limitations on when the Department of Defense can use Lowest Price Technically Acceptable source selection methods. Just last month, the Department of Defense issued a final rule amending the Defense Federal Acquisition ...
November 7, 2019, Inside Government Contracts
GAO released its Fiscal Year 2019 protest statistics yesterday, and there are both noticeable changes and relative constants: Protest filings are down by 16%, which means about 400 fewer protests than FY18. The reason why is anyone’s guess, but it’s likely related in large part to GAO’s new Electronic Protest Docketing System — and associated...… Continue ...
October 15, 2019, Inside Government Contracts
Federal contractors usually think of two bid protest forums: the Government Accountability Office and the U.S. Court of Federal Claims. But another protest forum often flies under the radar: the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition — aka the ODRA. In a continuation of our blog post earlier this year, we take...… Continue ...
October 9, 2019, Inside Government Contracts
On October 2, 2019, the Department of Defense, General Services Administration, and NASA issued a proposed rule that would amend the Federal Acquisition Regulation to establish new restrictions on when and under what circumstances civilian agencies may employ Lowest Price Technically Acceptable source selection procedures. The proposed rule would implement ...
October 2, 2019, The American Lawyer
Covington Promotes Its Most Diverse Partner Class Ever
October 1, 2019
WASHINGTON—Covington has promoted to its partnership 14 lawyers based in eight different offices, including nine women and six lawyers of ethnically diverse backgrounds. “Our new partners are exceptionally talented lawyers from a wide range of the firm’s offices and most important practices, and they are extremely well-positioned to carry the firm forward,” ...
September 2019, Briefing Paper
July 12, 2016, BNA's Federal Contracts Report
Inside The Proposed DFARS Business Systems Rule
July 22, 2014, Law360
Susan Cassidy, Scott Freling and Kayleigh Scalzo have co-authored this article about the U.S. Department of Defense issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) in order to improve the efficiency and effectiveness of auditing contractors’ accounting systems, estimating systems, and material management and ...
May 5, 2014, Bloomberg BNA Federal Contracts Report
December 24, 2013, Bloomberg BNA Federal Contracts Report
October 8, 2013, Bloomberg BNA Federal Contracts Report
2011, 79 Geo. Wash. L. Rev. 926
- Law360, Government Contracts "Rising Star" (2020)
- Washington DC Super Lawyers, Government Contracts "Rising Star" (2018-2020)
Education
The George Washington University Law School, J.D., 2011
- The George Washington Law Review, Editor-in-Chief
- With Highest Honors
- Order of the Coif
- 2011 ALI-ABA Scholarship and Leadership Award (member of the graduating J.D. or L.L.M. class who best represents a combination of scholarship and leadership)
- Harold H. Greene & Joyce Hens Green National Security Law Moot Court Competition, First Place Team, 2011
Brown University, A.B., 2008
- magna cum laude
- Phi Beta Kappa
- Honors in International Relations
- Samuel C. Lamport Prize (best thesis on international understanding with an emphasis on cooperation and tolerance)