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Covington & Burling LLP
Practices and Industries
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Kayleigh Scalzo
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Washington +1 202 662 5133 kscalzo@cov.com Download V-card
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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).
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.
American Bar Association Public Contract Law Section
News and Insights (Showing 5 of 33) (Showing 33 of 33)
Top 5 Gov't Contracts Cases Of 2020: Year In Review
Media Mention
December 18, 2020, Law360
Kayleigh Scalzo is quoted in Law360 regarding the impact of COVID-19 on government contractors and how the Department of Housing and Urban Development could have assisted these companies. While protests related to COVID-19's impact on federal contracting had been expected, the exact context that the case came in was not, Ms. Scalzo says. "We probably all thought ...
Lessons On Gov't Contractor Employees' Apparent Authority
December 2, 2020, Law360
Rising Star: Covington's Kayleigh Scalzo
August 10, 2020, Law360
Kayleigh Scalzo has been named a Law360 Rising Star in Government Contracts.
Look Before You Release — ASBCA Enforces Release of Claims to Contractor's Detriment
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 ...
GAO Clarifies Timing for Corrective Action Protests
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 ...
Covington Receives Most Law360 Rising Stars Among All Law Firms
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." ...
Federal Circuit Splits on Blue & Gold Question in Inserso
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 ...
Billions in COVID-19 Federal Contract Awards Not Facing Protests
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, ...
Expect the Unexpected: How to Navigate State and Local Bid Protests
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 ...
Emergency Contracting During COVID-19: A Guide to FAR Part 18
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
The Likely Effects of COVID-19 on Contract Awards and Contract Formation
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...… ...
What Is Lowest Priced Technically Acceptable? GAO Clarifies Reach of New LPTA Restrictions
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 ...
The More Things Change, the More They Stay the Same: GAO's FY 2019 Protest Statistics
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 ...
Flying in Friendly Skies: An In-Depth Look at the FAA's Unique Bid Protest Forum
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 ...
Lowest Priced Technically Acceptable Procurements Are Less and Less Acceptable: Proposed FAR Rule Further Continues Shake-Up of LPTA Procurements
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 ...
Q&A: How Covington & Burling's Pipeline Fueled a Diverse New Partner Class
October 2, 2019, The American Lawyer
Covington Promotes Its Most Diverse Partner Class Ever
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," ...
Flying In Friendly Skies: The Federal Aviation Administration's Unique Bid Protest Forum
September 2019, Briefing Paper
Another Trap for Pending Proposals in Contractor M&A
July 12, 2016, BNA's Federal Contracts Report
DCAA Backlog: What It Means for Industry
April 2016, National Defense Magazine
The Pitfalls of Changing a Pending Proposal
December 2015, National Defense Magazine
GAO Creates Catch-22 For Contractors In M&A Transactions
September 15, 2015, Law360
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 ...
Proposed DFARS Business Systems Rule
July 18, 2014, Covington E-Alert
Bid Protest Trends: Recent Decisions Suggest Close Scrutiny of Corrective Action
May 5, 2014, Bloomberg BNA Federal Contracts Report
The Government Contracts Update
April 24, 2014, Covington E-Alert
Cybersecurity for Government Contractors
April 2014, West Briefing Papers
Challenging Untimely, Unreasonable Past Performance Evaluations
December 24, 2013, Bloomberg BNA Federal Contracts Report
November 14, 2013, Covington E-Alert
ASBCA Disrupts Settled Expectations Concerning Green Energy Initiatives
October 8, 2013, Bloomberg BNA Federal Contracts Report
Note, American Idol: The Domestic and International Implications of Preferencing the Highly-Educated and Highly-Skilled in U.S. Immigration Law
2011, 79 Geo. Wash. L. Rev. 926
Law360, Government Contracts "Rising Star" (2020)
Washington DC Super Lawyers, Government Contracts "Rising Star" (2018-2020)
Regulatory and Public Policy
The George Washington University Law School, J.D., 2011
The George Washington Law Review, Editor-in-Chief
With Highest Honors
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
Honors in International Relations
Samuel C. Lamport Prize (best thesis on international understanding with an emphasis on cooperation and tolerance)
Université Lumière Lyon 2, 2007
Institut d'Études Politiques, Lyon, 2007
Judicial Clerkship
Hon. Bruce M. Selya, U.S. Court of Appeals, First Circuit, 2012 - 2013
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Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States and authorized and regulated by the Solicitors Regulation Authority with registration number 77071. The practice in Johannesburg is conducted by an affiliated limited company Covington & Burling (Pty) Ltd. The practice in Dublin Ireland is through a general affiliated Irish partnership, Covington & Burling and authorized and regulated by the Law Society of Ireland with registration number F9013.