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Kayleigh Scalzo

Ranked by Chambers USA among government contracts practitioners, Kayleigh Scalzo represents government contractors in bid protests and other 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, federal and state agencies, and state courts.

Kayleigh a co-chair of the American Bar Association Public Contract Law Section’s Bid Protest Committee. She is also a frequent speaker on bid protest issues.

Kayleigh maintains an active pro bono practice focused on immigration issues and gender rights.

Contact:Read more about Kayleigh ScalzoEmail

On March 26, 2026, President Trump issued an Executive Order (EO) titled “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of Executive Orders and related actions by the Administration targeting what it views as unlawful Diversity, Equity, and Inclusion (“DEI”) related practices.  Most notable about this EO is that, unlike prior executive actions focused on “DEI” practices more broadly, this EO focuses on “racially discriminatory” DEI practices specifically.  The EO is premised on the Administration’s view that, despite the earlier DEI-related executive actions, “some entities continue to engage in DEI activities and often attempt to conceal their efforts to do so.”

Continue Reading New “Addressing DEI Discrimination” Executive Order: What Federal Contractors Need to Know

On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security.  The proposed revision also addresses applicability in the event of an active injunction.  Public comment is due by March 30, 2026.

Continue Reading GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security

On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”  The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.”  The Attorney General’s memorandum follows Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), which calls for “ending illegal discrimination and preferences, including DEI” in the private sector, as well as two “technical assistance” documents titled “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work” issued by the Equal Employment Opportunity Commission (“EEOC”).  We previously discussed EO 14173 here and the EEOC technical assistance here.

Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” Practices