Jon Williams has over 15 years of experience advising contractors on a wide range of government contracting matters and Federal Acquisition Regulation compliance, including the federal procurement programs for small businesses (i.e., the 8(a), HUBZone, WOSB, and SDVOSB programs). He represents contractors in bid protests, size protests and appeals, and related administrative and court proceedings. Mr. Williams assists large and small contractors in navigating SBA audits and investigations, including subcontracting plan compliance reviews, IG investigations, and suspension and debarment proceedings. He regularly helps contractors to establish teaming, subcontract, joint venture, and mentor-protégé relationships.  Additionally, he counsels contractors on cure notice responses, requests for equitable adjustment, claims, and disputes on government contracts.

Mr. Williams helps clients explore corporate restructuring and small business planning, including development of affiliation mitigation or avoidance strategies as well as growth and exit plans.  He has handled many significant buy and sell-side transactions, including partner buyouts, mergers, acquisitions, business line and subsidiary spinoffs, and debt refinancing.  Mr. Williams routinely reviews and drafts corporate resolutions, operating agreements, bylaws, shareholders’ agreements, employment agreements, and many other business contracts.  He also works closely with the firm’s Litigation Group on disputes between contractors, and with the firm’s Labor & Employment Group on Service Contract Act compliance and negotiations with labor unions.   

Mr. Williams is a member of the Small and Emerging Contractors Advisory Forum (SECAF) and serves on their Legislation and Regulatory Committee.  He also serves on the Government Affairs Committee for the HUBZone Contractors National Council.

Education

  • The Catholic University of America, Columbus School of Law, J.D., and Communications Law Institute, Certificate, 2001
  • Syracuse University, B.S., 1998

Admissions

Representative Experience

Protest experience:

  • Numerous victories in size, SDVOSB, NAICS code, and 8(a) eligibility appeals before the SBA’s Office of Hearings and Appeals, including cases involving ostensible subcontractor affiliation, identity of interest affiliation, SDVOSB joint ventures, denial of 8(a) Program applications, and NAICS code designations
  • Successful bid protests before the GAO, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the FAA’s Office of Dispute Resolution for Acquisition
  • Filing and defense of protests regarding size, SDVOSB, and HUBZone eligibility

8(a), SDVOSB, HUBZone, and WOSB experience:

  • Affiliation avoidance strategies for small and large businesses
  • 8(a) mentor-protégé and joint venture arrangements
  • Eligibility reviews and application assistance (including requests for reconsideration) for firms seeking to get into or stay compliance with the VA’s SDVOSB program and SBA’s 8(a), HUBZone, SDVOSB, and WOSB programs

General government contracting experience:

  • Subcontracting plan compliance
  • Planning for growing contractors to maintain small business status and develop exit strategies
  • Developing cybersecurity policies and mitigation strategies
  • Service Contract Act compliance
  • Resolution of payment and other contract disputes and preparation of claims and requests for equitable adjustment

Representative Cases

  • Successfully appealed adverse size determination that had erroneously found affiliation under the totality of the circumstance, see Size Appeal of First Nation Group d/b/a Jordan Reses Supply Company, LLC, SBA No. 5807 (2017)
  • Won appeal defending SBA size determination that found no affiliation under the ostensible subcontractor rule, see Size Appeal of A-P-T Research, Inc., SBA No. 5798 (2016)
  • Successfully defended a contract awardee in a protest filed at the GAO alleging that our client’s proposal did not satisfy certain solicitation requirements and that our client did not have the ability to perform the contract. Protest of Laurels Medical Services, d/b/a Chariot, B-413047; B-413047.2; B-413047.3 (Aug. 8, 2016)
  • Successfully appealed from SBA size determination involving affiliation through identity of interest and stock ownership in Size Appeal of W&T Travel Services, LLC, SBA No. 5721 (2016)
  • Argued and won appeal before the U.S. Court of Appeals for the Federal Circuit in case involving jurisdictional questions and affiliation under SBA’s ostensible subcontractor rule.  See Tinton Falls Lodging Realty, LLC v. United States, Case No. 14-5140 (Fed. Cir. 2015)
  • Successfully defended our client’s service disabled veteran owned small business (SDVOSB) status in a SDVOSB and size status protest before the U.S. Small Business Administration. See SDVOSB Appeal of Robert F. Hyland and Sons, LLC, SBA No. VET-247 (2015)
  • Successfully defended our client’s small business size status before the U.S. Court of Federal Claims in a case involving the ostensible subcontractor rule. See Tinton Falls Lodging Realty LLC v. United States, No. 14-353C, slip op. (Fed. Cl. July 8, 2014)
  • Successfully appealed a size determination concluding that the protested firm was an eligible small business for the procurement. See Crosstown Courier Service Incorporated, SBA No. SIZ-5571 (2014)
  • Successfully appealed SBA’s denial, on reconsideration, of an application for the 8(a) program.  See Striker Electric, SBA No. BDPE-465 (2013)
  • Won appeal from adverse SBA size determination, overturning SBA decision that client was affiliated with another business due to an identity of interest based on a familial relationship. See Size Appeal of SP Technologies, LLC, SBA No. SIZ-5319 (2012)
  • Successfully appealed adverse SBA size determination involving the scope of the protection from affiliation for SBA-approved 8(a) Mentor-Protégé Agreements, familial identity of interest affiliation, and the newly organized concern rule. See Size Appeal of Rio Vista Management, LLC, SBA No. SIZ-5316 (2012)
  • Overturned NAICS code designation resulting in a reclassification of contract into a larger size standard. See NAICS Appeal of Dial General Engineering, SBA No. NAICS-5375 (2012)
  • Obtained an important victory for SDVOSB firms in a ruling that overturned prior OHA precedent and held that SDVOSB joint ventures may be formed as limited liability companies and corporations. See Construction Engineering Services, LLC, SBA No. VET-213 (2011)
  • Won bid protest before the FAA’s Office of Dispute Resolution for Acquisition challenging past performance evaluation and discussion with offeror. See Protest of Columbus Technologies and Services, Inc., 10-ODRA-00514 (May 19, 2010)
  • Represented protester in successful challenge to an agency’s failure to set aside a $75 million task order for small businesses. See Delex Systems, Inc., GAO No. B-400403 (Oct. 8, 2008)
  • Represented one of the successful plaintiffs in a bid protest to the Court of Federal Claims regarding the $50 billion GSA “Alliant” procurement. See Serco Inc., et al. v. United States, 81 Fed. Cl. 463 (2008)

Speaking Engagements

Congressional Testimony
Presentations
  • Presenter, "You've Graduated! What's next?," ACT-IAC Small Business Alliance, Oct. 10, 2017 (with John Shoraka)
  • Webinar presenter, "How Small Businesses Can Get a Piece of the Pie Through Subcontracts," Oct. 4, 2017 (with Julia Di Vito)
  • Webinar presenter, "Raising Capital - Options for Small Business Government Contractors," Sep. 27, 2017 (with Kimi Murakami)
  • Webinar presenter, "SBA's New Mentor-Protégé Program," Aug. 17, 2017 (with Jennifer Schaus & Associates)
  • Webinar presenter, "SBA Protests and Appeals," HUBZone Contractors National Council, Jul. 20, 2017 (with Julia Di Vito)
  • Webinar presenter, "Common Subcontracting Pitfalls & How to Avoid Them," HUBZone Contractors National Council, Jul. 12, 2017
  • Webinar presenter, "HUBZone Compliance Issues & Avoiding Potential Pitfalls," HUBZone Contractors National Council, Jun. 29, 2017 (with Julia Di Vito)
  • Webinar presenter, "How to Avoid Common Subcontracting Pitfalls" Jun. 7. 2017 (with Ambi Biggs)
  • Trainer, "Small Business Contracting: What You Need to Know," Public Contracting Institute, May 24, 2017
  • Presenter, "Latest on Joint Venture Programs and Requirements." NVSBC, DC Chapter Meeting, May 10, 2017
  • Presenter, "Overview of Federal Subcontracting Requirements and Benefits," Synnex, Red, White, and You, May 8, 2017
  • Panelist, "What's New for Veterans in Business?" Veterans In Business Conference, March. 23, 2017
  • Webinar presenter, "Identity of Interest Affiliation: Everything You Need to Know," Feb. 23, 2017 (with Julia Di Vito)
  • Presenter, "Small Business Update & SBA’s New Mentor-Protégé Program," Synnex DAP Retreat, Feb. 21, 2017
  • Presenter, "SBA’s New Mentor-Protégé Program," FDA HUBZone Industry Day, Feb. 15, 2017
  • Presenter, "Protecting Your Small Business Status: JVs, Restructuring & Diversifying," National HUBZone Conference, Oct. 13, 2016 (with Michael A. de Gennaro)
  • Webinar presenter, "SBA's New Mentor-Protégé Program For All Small Businesses," Synnex GovSolv Diversity Alliance, Oct. 11, 2016
  • Presenter, "Small Business Administration Regulatory Update," AFCEA Small Business Committee Meeting, Sep. 13, 2016
  • Webinar presenter, "Veteran Federal Teaming, Supreme Court Decision & VA Success Tips,” Summit Insight, Jul. 21, 2016 (with Judy Bradt, Summit Insight and Staci Redmon, Strategy and Management Services)
  • Webinar presenter, "Insights on the SBA’s Women Owned Small Business Programs," Synnex GovSolv Diversity Alliance, Jun. 21, 2016
  • Presenter, "Legislative and Regulatory Updates for Small Businesses," Synnex Red White & You Annual Conference, Apr. 13, 2016
  • Presenter, "Keys to a Successful Subcontracting Program," NCMA Subcontract Management Training Forum, Mar. 17, 2016 (with Cy Alba)
  • Webinar presenter, "SBA's New ITVAR Size Rule," Synnex GovSolv Diversity Alliance, Mar. 10, 2016 (with Cy Alba)
  • Presenter, "Understanding Joint Ventures and Mentor-Protege," Synnex GovSolv Diversity Alliance, Feb. 25, 2016
  • Presenter, "New Year's Resolutions for Small Business Contractors: Preparing for Key Legislative and Regulatory Changes in 2016," Puerto Rico MBDA Center's Minority Enterprise Development Week, Jan. 28, 2016
  • Webinar presenter, "New Year's Resolution: Comply with Small Business Subcontracting Plan," for Aronson, LLC , Jan. 21, 2016 (with Sonia Pesantes)
  • Presenter, "Ins and Outs of Joint Ventures," 2015 National HUBZone Conference, Oct. 30, 2015
  • Panelist, "Proposed Rules on 8(a), Mentor Protege, and Limits on Subcontracting," RES DC 2015 Conference, Jun. 15, 2015
  • Presenter, "Legislative and Regulatory Update for Small Business Contractors,” Synnex Corporation Red, White & You Conference, Apr. 30, 2015
  • Presenter, "Understanding SBA's Proposed Rule Changes for the Mentor-Protege Program and Limitations on Subcontracting," MBDA Business Center, Apr. 2, 2015
  • Presenter, "SBA's Proposed Rules: Changes to the Mentor-Protege Programs and Limitations on Subcontracting," PilieroMazza Seminar, Mar. 31, 2015 (with Pam Mazza and John Klein, Associate General Counsel for Procurement Law for the U.S. Small Business Administration
  • Panel Moderator, "Doing Business with the Federal Government: Building Public-Private Partnerships, WCOE: Women Build America: Conference, Mar. 30, 2015
  • Webinar presenter, "Small Business Affiliation - What it Means for Federal Contractors," Feb. 18, 2015 (with Tom Marcinko, Aronson Contracts Services Group)
  • Presenter, "SBA's Proposed Changes to the Limitations on Subcontracting," AFCEA Small Business Committee, Feb. 10,2015
  • Presenter, "Contracting Basics," U.S. Department of Transportation Office of Small and Disadvantaged Business Utilization, Feb. 4, 2015
  • Presenter, "Cybersecurity Requirements and Best Practices," Montgomery County Chamber of Commerce Small Business and GovConNet Member Meeting, Jan. 21, 2015
  • Presenter, "Cybersecurity Resolutions for the New Year." Jan. 14, 2015 (with Steve Chafitz of e-End)
  • Presenter, "A Regulatory and Legislative Legal Update," Dixon Hughes Goodman's 19th Annual Government Contracting Update, Dec. 9, 2014 (with Pam Mazza)
  • Panelist, "NIST Cyber Security Framework, SCRM, and DFARS: Best Practices for Small Business," SMART PROC Procurement Conference, Nov. 14, 2014
  • Presenter, "Small Business Affiliation - What it Means for Federal Contractors," Set-Aside Alert Webinar, Oct. 29, 2014
  • Presenter, "Understanding SBA's Affiliation Rules," National HUBZone Conference, Sep. 19, 2014
  • Presenter, "Small Business Government Contractors: Legislative and Regulatory Update," National HUBZone Conference, Sep. 19, 2014 (with Katie Flood)
  • Presenter, "How Affiliation Impacts Small Business Status," National Contract Management Association World Congress, Jul. 28, 2014 (with Cy Alba)
  • Panelist, Public Sector Executive Panel, and Featured Speaker, “Understanding Strategic Partnerships,” Synnex Corporation Red, White & You Conference, Apr. 17, 2014
  • Presenter, "Understanding Joint Ventures," Veterans in Business Conference, Mar. 27, 2014 (with Jim Emery, J. M. Waller Associates and Christopher Clarke, U. S. Small Business Administration)

Publications

Blogs

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