Kara M. Sacilotto

Kara’s practice focuses primarily on government contracts-related litigation, representing government contractors in connection with suspension and debarment matters, both before and after exclusion from contracting, ethics and compliance matters, Federal Acquisition Regulation (FAR) mandatory disclosure issues, and internal investigations and False Claims Act (FCA) investigations. Kara also advises contractors on emerging risks, such as cybersecurity compliance, procurement collusion, and artificial intelligence (AI). Kara has testified before Congress on federal procurement matters, has been an adjunct professor on government contracts, and has held numerous leadership positions in the government contracts bar.

Representative Matters

Suspension and Debarment

• Represents government contractors of all sizes facing potential suspension and debarment.
• A sample of representative matters includes:
  • Represented construction contractors in connection with suspension and debarment matters arising from antitrust prosecutions.
  • Successfully represented contractors before civilian and defense suspending and debarring officials arising from pre-notice letters with no exclusionary action taken and in more formal actions under the FAR and Nonprocurement Common Rule.
  • Negotiated administrative agreements with civilian and defense suspending and debarring officials, leading to lifting of exclusions and enhancements of compliance programs.
  • Successfully represented individuals in suspension and debarment matters before various agency suspending and debarring officials.

Bid Protest Litigation

• Represents government contractors in pre-award and post-award bid protests before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), and federal agencies. Many matters resolved favorably by agency taking corrective action prior to tribunal reaching the merits.
• A sample of representative reported matters includes:
  • Maersk Logistics and Services USA, Inc., B-421982.3, B-421982.5, October 30, 2024 (Co-counsel in successful defense of two bid protests filed at GAO of USTRANSCOM’s award of the DFTS II contract).
  • FavorTech Consulting, LLC, B-420279, 2022 CPD ¶ 24; Halfaker & Assocs., LLC, B-420279.2, 2022 CPD ¶ 45 (successful defense of dual protests alleging OCIs).
  • XPO Logistics Worldwide Gov't Servs., LLC v. United States, 134 Fed. Cl. 783 (2017), aff’d, 713 Fed. Appx. 1008 (2018) and XPO Logistics Worldwide Gov't Servs., LLC v. United States, 133 Fed. Cl. 162 (2017), aff’d, 713 Fed. Appx. 1009 (2018) (lead counsel at GAO, COFC, and Federal Circuit for series of protests of multi-billion dollar USTRANSCOM award). Client obtained contract after successful GAO protest (Crowley Logistics, Inc., B-412628, 2016 CPD 120) and retained it following multiple subsequent protests).
  • Strategi Consulting LLC; Signature Consulting Group, LLC, B-416867, B-416867.4, 2019 CPD ¶ 10 (successful defense of contract award where four protests filed, and one GAO hearing held).
  • Booz Allen Hamilton, Inc.-Costs, B-414822.4, 2018 CPD ¶ 183 (successful prosecution of protest that led to GAO outcome prediction that OCI protest grounds would be sustained and successful argument that Agency should pay protest costs).

Claims and Disputes Litigation

• Represents government contractors of all sizes 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. Prepares litigation risk assessments and develops negotiation and alternative dispute resolution strategies. Represents contractors in disputes and litigation relating to subcontracts and teaming agreements. Adopting a practical approach, numerous unlisted matters have been settled favorably through negotiation and alternative dispute resolution prior to reaching decision on the merits.
• A sample of representative reported Board decisions includes:
  • Engility, LLC, ASBCA No. 61281, Aug. 2019, 19-1 BCA ¶ 37430 (successful challenge to Government motion to amend answer).
  • The Boeing Company, ASBCA No. 57490 12-1 BCA 34916 (Jan. 2012) (successful dismissal of Government claim based on statute of limitations).

Internal and False Claims Act Investigations

• Conducts internal investigations of allegations of wrongdoing, advises contractors on third-party and FAR mandatory disclosure obligations, investigates false claims allegations under the FCA, and assists contractors with Government investigations, proactive outreach to suspending and debarring officials, and inquiries arising from disclosures.

Ethics and Compliance Counseling

• Advises government contractors on ethics and compliance matters arising under the FAR and relevant FAR supplements, Office of Government Ethics regulations, and alignment with Department of Justice corporate compliance program and antitrust compliance program guidance. Reviews compliance programs and advises contractors regarding risk management. Provides training to functional organizations as well as senior executives. Develops, updates, and enhances corporate policies and internal contractor training.

Professional Experience

• Adjunct Professor, AU Washington College of Law, Fall 2024

Affiliations

• American Bar Association (ABA), Public Contract Law Section
  • Vice-Chair (2021-present), Debarment and Suspension Committee
  • Chair (2018-2019)
  • Chair Elect (2017-2018)
  • Vice-Chair (2016-2017)
  • Secretary (2015-2016)
  • Council Member (2012-2015)
  • Fellow, Public Contract Law Section
• Federal Bar Association
  • Chair, Government Contracts Section, Suspension and Debarment Committee (2025)

Recognitions

• Named one of DC’s “Super Lawyers” for Government Contracts by Super Lawyers magazine (2020, 2022-2023)
• Named by Law360 as a Government Contracts MVP (2018)