Bio
Jon is an experienced legal advisor to government contractors on a wide range of federal, state, and local procurement matters. His practice focuses on helping firms with a diverse array of Federal Acquisition Regulation compliance issues, including extensive counseling on federal procurement programs for small businesses. As some examples, Jon assists contractors in applying for and maintaining compliance in SBA’s 8(a), HUBZone, WOSB, and SDVOSB programs; understanding and navigating SBA’s nonmanufacturer rule; small business subcontracting plans; Buy American Act and Trade Agreements Act compliance; Inspector General and other agency investigations; and suspension and debarment proceedings.
Jon’s practice also frequently involves handling procurement-related disputes. He represents contractors in size and status protests and appeals before SBA and SBA’s Office of Hearings and Appeals, as well as filing and defending bid protests before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition, and state/local procurement agencies. Jon also counsels contractors on cure notice responses, contract terminations, adverse CPARS ratings, requests for equitable adjustment, and claims. Additionally, he regularly helps contractors to establish and defend teaming, subcontracting, joint venture, and mentor-protégé relationships.
As a member of PilieroMazza’s Cybersecurity & Data Privacy team, Jon works with federal contractors—particularly those who contract with the Department of Defense—on managing cybersecurity and establishing compliant and effective safeguards. In this area, he provides guidance on cybersecurity requirements applicable to federal contractors and assists clients in implementing appropriate internal standards and in responding to cyber incidents.
A frequent writer and speaker, Jon is an active member of the HUBZone Contractors National Council and serves on its Board of Directors. He is a member of the Board of Directors for the Small and Emerging Contractors Advisory Forum (SECAF) and is Co-Chair of SECAF’s Programs Committee. Additionally, Jon is on the Steering Committee for the Montgomery County Chamber of Commerce’s GovConNet Pathway to Growth Procurement Conference, one of the premiere conferences for the government contracting community.
Related Practice Areas
Representative Matters
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 ofChenega 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)
Credentials
Education
- The Catholic University of America, Columbus School of Law, J.D., 2001
- Syracuse University, B.S., 1998
Admissions
- Maryland
- District of Columbia
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Federal Claims
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
Honors
Honors
District of Columbia Super Lawyers®, Government Contracts, 2016, 2018-Present
Honors
District of Columbia Super Lawyers®, Government Contracts, 2016, 2018-Present