Anne Bluth Perry

Anne Perry is a partner in the Governmental Practice in the firm's Washington, D.C. office. 

Areas of Practice

Anne concentrates in the areas of government contracts law and litigation and is a lecturer and author in the area. Her experience in government contracts includes, for example: bid protests before the U.S. General Accounting Office and the U.S. Court of Federal Claims; complex litigation in connection with the False Claims Act; claims litigation before the Armed Services Board of Contract Appeals and the General Services Administration Board of Contract Appeals; counseling and litigation in the areas of:

• export control
• software and technical
• data rights cost allowability, and cost allocability
• mergers and acquisitions
• subcontracts and teaming agreements
• Foreign Military Sales and Foreign Military Financing
• Truth In Negotiations Act and defective pricing
• suspension/debarment
• appropriations
• socioeconomic programs

Before entering private practice, Anne worked for the U.S. Government Accountability Office (GAO) as a hearing officer handling bid protests.

Experience

Representative Matters: 

Involved in hundreds of protests filed at the U.S. General Accounting Office, including:

• Successfully protested a decision of the Army to deny Northrop Grumman Information Technology one of several contracts in a nine-year, $20 billion program for worldwide information technology services
• Successfully defended Navy award of approximately $3 billion contract in connection with the new class of destroyers; Bath Iron Works Corporation, B-290470 et al., August 19, 2002, 17 CGEN 111,302.
• Successfully defended DOE award of an approximately $5 billion M&O contract; Day Zimmerman Pantex Corporation, B-286016, et al., Nov. 9, 2000, 2001 CPD 96.
• Successfully protested Navy award of contract to Hughes Missile Systems Company for engineering and manufacturing development of the Evolved Seasparrow Missile; Raytheon Company, B-261959.3, January 23, 1996, 96-1 CPD 37.
• Successfully protested award of a SETA contract by the FAA to Martin Marietta; TRW Inc., B-254045.2, January 10, 1994, 94-1 CPD 18.
• Represented and defended clients in lawsuits brought under the False Claims Act involving allegations concerning, e.g., complex cost accounting issues, and agent fees and domestic content in Foreign Military Sales
• Represented and defended clients in lawsuits brought against them by subcontractors relating to, e.g., payment and teaming agreements

Conducted internal investigations concerning hotline tips. Counseled clients and conducted internal investigations of export law and regulation compliance, prepared and implemented export compliance plans, and assisted in voluntary disclosures.  Counseled clients relating to payment of agent fees in connection with Foreign Military Sales and Foreign Military Financing contracts. Counseled clients in navigating regulatory requirements for small businesses, small disadvantaged businesses, 8(a) concerns and small women-owned businesses.

Honors

Government Contracts Editorial Board, Law360, 2023

Top Read Article Award for “Executive Order 14042: Survival Guide for Federal Contractors (An Analysis of What We Know, What We Think, and What We Don’t Know About President Biden’s COVID-19 Executive Order for Federal Contractor," 2022

Washington, D.C. Super Lawyer, Super Lawyers, 2017-2021

Leading Lawyer in Government Contracts and Bid Protests, Chambers USA, 2016-2024

Leading Lawyer in Government Contracts, Legal 500, 2015-2024

Recommended Lawyer - Government Contracts, Legal 500, 2022-2023

Top Government Contract Attorney, Washingtonian Magazine, 2015

Government Contracts, MVP, Law360, 2015

Named to Who's Who Legal: Public Procurement, 2015

Martindale-Hubbell Government Law Washington, D.C. Top Rated Lawyer, 2012

Articles

Government Contracts & Investigations Blog Posts

• "Government Contractors Beware: The Trap of the Unintended Agency-Level Protest and Timeliness Implications," September 30, 2024
• "Bid Protest Hub – December 2023," January 31, 2024
• "Bid Protest Hub – November 2023," December 6, 2023
• "If Past is Prologue – What Made Protests Successful in Fiscal Year 2023?," November 7, 2023
• "Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway," September 13, 2023
• "Bid Protest High Season Is Coming – A Reminder About the Need for Fast Decisions," September 13, 2023
• "Rescinding a Lame Duck Trump Administration Rule, DOL Returns to Its Longstanding Policy on Religious Exemptions for Federal Contractors," April 3, 2023

• "Losing the Keys to the Kingdom – How Key Personnel Unavailability Can Jeopardize Contract Award," January 30, 2023
• "GAO’s FY 2022 Bid Protest Statistics: GAO Protest Filings and Sustain Rates Continue to Decline, but Effectiveness Rates and Alternative Resolutions Continue to Climb," November 29, 2022
• "Organizational Conflicts of Interest – Part 3: The Next Target for FCA Enforcement," October 26, 2022
• "The Gap Widens Between COFC and GAO on Late is Late Rule," October 26, 2022
• "Organizational Conflicts of Interests – Part 2: OCIs in Bid Protests," September 28, 2022
• "Organizational Conflicts of Interest – Part 1: A Refresher on OCIs," July 27, 2022
• "Executive Order 14042 – Update 12.0: U.S. District Court Issues Nationwide Injunction," December 8, 2021
• "What We Know And Don’t About The Federal Court Order Enjoining EO 14042," December 3, 2021
• "Everything Changes, Except That Which Stays the Same: GAO’s Bid Protest Annual Report to Congress," November 29, 2021
• "Executive Order 14042 Survival Guide," October 11, 2021
• "Look Before You Leap – Pitfalls and Trip Wires Inherent in Government Contracting," January 27, 2016
• "Equal Doesn’t Always Mean Fair," November 20, 2013
• "Just Give Me The Facts: GAO Overturns Army Disqualification Of Awardee," January 11, 2012
• "Protests Rise; Winners Fall: GAO Releases Its Latest Protest Statistics," December 9, 2011
• "Proposed FAR Rule: A New Regulatory Framework For Organizational Conflicts Of Interest And Unequal Access To Nonpublic Information," May 12, 2011
• "Fixed Price Contracts - Contingencies And Assumptions Not Welcome," May 10, 2011
• "Department Of Labor Attempts To Extend The "Christian Doctrine" To Subcontracts," August 17, 2010
• "Court of Appeals Finds That R&D Costs Not Explicitly Required By A Contract Qualify As IR&D," April 14, 2010
• "GAO Finds That Even Broadly Worded ID/IQ Contracts Have Their Limits," April 13, 2010
• "New Export Rules Revise De Minimis Provisions, Allowing Bundled Software To Be Included In Commodity Valuation, Clarifying Terms, And Reducing Reporting Requirements," November 17, 2008 
• "Export Licenses Are Now C.O.D. - Department Of State Modifies ITAR Registration Fee Structure To Increase Fees And Provide For More Consistent Revenue Stream," October 6, 2008 
• "New DOD Rule Imposes Contractual Requirement For Contractors To Comply With U.S. Export Laws," September 8, 2008 

Books

Media Mentions

Speaking Engagements

• "Federal Contractor’s COVID-19 Survival Guide," The Coalition for Government Procurement Webinar, March 19, 2020
• "Managing the 'Bouncing Ball' from a Compliance Perspective- Perspectives from Government and Industry," Multiple Award Government & Industry Conference, Arlington, Virginia, July 26, 2012
• "Spending Protest Dollars Wisely -- Trends and Developments in Bid Protests at GAO and the COFC," Annapolis, Maryland, March 22, 2012
• "Executive Briefing on Mergers and Acquisitions: Lessons Learned, Public Contracting Institute," May 25, 2011
• Co-speaker with A. Perry, J. Chierichella, J. Aronie and L. Victorino, "Globalization - Practical Considerations in Day-to-Day business With an International Focus," NCMA's World Congress, Dallas, TX, April 24, 2007
• "Foreign Contractors and the U.S. Federal Procurement System," Washington, D.C., June 20, 2006
• Co-speaker with A. Perry and J. Aronie, "The False Claims Act: It's Not Just for Defense Contractors Anymore," Coalition for Government Procurement Premier Partner Quarterly Seminar, Washington, D.C., October 21, 2005
• Co-speaker with A. Perry and J. Aronie, "Understanding Bid Protests," Coalition for Government Procurement Premier Partner Event, Washington, D.C., September 10, 2003
• Co-speaker with A. Perry, J. Chierichella, J. Aronie and L. Victorino, "Teaming Agreements: The Good, The Bad and The Ugly," National Contract Management Association South Bay Chapter, Los Angeles, November 14, 2000
• Co-speaker with Anne Perry, J. Chierichella and L. Victorino, "Advanced Subcontracting & Teaming Agreements," Federal Publications Seminars, 1994 - Present

Events

Memberships

Member, Public Contract Law Section, American Bar Association