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

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 defended contract award in Federal Working Group, B-416464 (Sep.19, 2018)
  • Successfully defended contract award in Thoma-Sea Marine Constructors, LLC, B-416240 (Jul. 16, 2018)
  • Successfully defended contract award in Eagle Support Services Corporation, B-412577.2 (Jul. 19, 2017)
  • Successfully defended size appeal, preserving a contract award, in Size Appeal of Chenega Support Services, LLC, SBA No. SIZ-5874 (2017)
  • Successfully defended size appeal, preserving a contract award, in Conrad Shipyard, LLC, SBA No. SIZ-5873 (2017)
  • Won bid protest before FAA’s Office of Dispute Resolution for Acquisition in Protests of Spatial Front, Inc., 17-ODRA-00803 (2017).
  • 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)

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