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At Last! Proposed Amendments to the FAR Reflecting Increased MPT, SAT and TINA Thresholds

Client Alert | 1 min read | 10.10.19

On October 2, 2019, DoD, GSA and NASA issued two proposed rules to amend the FAR to implement various sections of the NDAA for FYs 2017 and 2018. Specifically:

  • Modifications to Cost or Pricing Data Reporting Requirements (FAR Case 2018-005) implements section 811 of the NDAA for FY 2018 to increase the threshold for requesting certified cost or pricing data from $750,000 to $2 million for contracts entered into after June 30, 2018. In the case of a change or modification made to a prime contract that was entered into before July 1, 2018, the threshold for obtaining certified cost or pricing data remains $750,000, with one exception: upon the request of a contractor that was required to submit certified cost or pricing data in connection with a prime contract entered into before July 1, 2018, the CO shall modify the contract without requiring consideration to reflect a $2 million threshold for obtaining certified cost or pricing data from subcontractors.
  • Increased Micro-Purchase and Simplified Acquisition Thresholds (FAR Case 2018-004) implements section 217(b) of the NDAA for FY 2017 and sections 805, 806, and 1702((a) of the NDAA for FY 2018. The proposed rule: (i) increases the MPT from $3,500 to $10,000; (ii) adds an exception to the MPT for acquisitions from institutions of higher education or related or affiliated nonprofit entities, or from nonprofit research organizations or independent research institutes, and sets the MPT for such entities at $10,000 or a higher amount as determined appropriate by the head of the agency and consistent with clean audit findings; (iii) increases the SAT to $250,000; and (iv) replaces specific dollar thresholds with the terms “micro-purchase threshold” and “simplified acquisition threshold.”

Comments to both proposed rules are due on or before December 2, 2019.

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....

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