Photo of Kara M. Sacilotto

Education

J.D., University of Virginia School of Law

B.A., with distinction, University of Virginia

Bar and Court Admissions

District of Columbia Bar

Virginia Bar

U.S. Courts of Appeals for the Fourth, Fifth, Eighth, Ninth, Tenth, and District of Columbia Circuits

U.S. District Courts for the District of Colorado, District of Columbia, and Eastern District of Virginia

U.S. Court of Federal Claims

Kara counsels and represents government contractors on all aspects of government contracting. Her practice focuses on representing government contractors in connection with threatened suspension and debarment actions, ethics and compliance matters, Federal Acquisition Regulation (FAR) mandatory disclosure issues, and internal investigations. Kara also actively litigates a variety of cases from bid protests and claims to disputes between contractors.

Representative Experience

Suspension and Debarment

  • Represented major Fortune 500 contractor in investigating and responding to proposed debarment by the U.S. Air Force; matter resolved by administrative agreement.
  • Represented foreign contractor in responding to proposed debarment with matter resolved by lifting of proposed debarment.
  • Represented various major defense contractors in inquires by various U.S. Department of Defense agency suspension and debarment officials with no action taken by the debarring officials.

Bid Protest Litigation

  • Represents government contractors in pre- and post-award bid protests before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, and federal agencies. Successful representation of contractors, as protester and intervenor, in numerous protests involving billions of dollars. Many matters resolved favorably by agency taking corrective action prior to tribunal reaching the merits.
  • Representative reported matters include:
    • Crowley Logistics, Inc., B-412628, 2016 WL 1728616 (successful protest of multi-billion dollar TRANSCOM award)
    • The Boeing Company, B-311344, 2008 CPD 114 (co-counsel in successful protest and ultimate award of the $35 billion Air Force tanker contract);
    • American Sys. Corp., B-412501, 2016 CPD 91 (prosecution of protest leading to corrective action and successful defense of challenge to corrective action);
    • KSJ & Assocs., Inc., B-409728, 2014 CPD 222 (successful defense of contract award);
    • Pragmatics, Inc., B-407320.2, 2013 CPD 83 (successful defense of OCI challenge);
    • The Electronic On-Ramp, Inc., B-407303, 2013 CPD 234 (successful defense of contract award);
    • Jones Lang LaSalle, B-406019.2, 2012 CPD 98 (prosecution of protest leading to corrective action and successful defense of challenge to corrective action);
    • Apptis, Inc., B-403249, 2010 CPD 237 (successful defense of contract award).

Claims and Disputes Litigation

  • Represents government contractors in the preparation of requests for equitable adjustment and prosecution of contractor claims and defense of Government claims before the Armed Services and Civilian Boards of Contract Appeals. Represents contractors in disputes and litigation relating to subcontracts and teaming agreements. Many matters settled favorably through negotiation and alternative dispute resolution prior to reaching decision on the merits.
  • Representative reported Board decisions include:
    • The Boeing Company, ASBCA No. 57490 12-1 BCA 34916 (Jan. 2012) (successful dismissal of Government claim based on statute of limitations).

Internal Investigation

  • Conducts internal investigations of allegations of wrongdoing, advises contractors on third-party and FAR mandatory disclosure obligations, and assists contractors with responding to Government inquiries arising from disclosures.
  • Experience includes investigating all manners of alleged misconduct from mischarging to misappropriation of competitor information and supervising team of seconded lawyers performing internal investigations for major contractor.

Advice

  • Advises government contractors on all manner of issues arising under the FAR and FAR supplements, including ethics, compliance, and present responsibility; cost allowability; protest rights; claims and disputes; subcontracts and teaming agreements; default terminations; and past performance assessments.

Congressional Testimony

  • Provided testimony regarding "Defer No More: The Need to Repeal the 3% Withholding Provision," before the Subcommittee on Contracting and Work Force, Committee on Small Business, United States House of Representatives (May 26, 2011).
  • Provided testimony regarding "The State of Federal Contracting: Opportunities and Challenges for Strengthening Government Procurement and Acquisition Policies," before the Subcommittee on Government Management, Organization and Procurement, Committee on Oversight and Government Reform, United States House of Representatives (June 16, 2009).

Professional Experience

  • Adjunct Professor in Government Contracts, George Mason University School of Law (Fall 2007-Fall 2016)

Affiliations

  • American Bar Association (ABA), Section of Public Contract Law
    • Vice-Chair (2016)
    • Secretary (2015)
    • Council Member (2012-2015)
    • Co-Chair (2008 - 2016), Regulatory Coordinating Committee
    • Vice-Chair, Debarment and Suspension Committee (2013-Present)

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