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Changes to Acquisition Thresholds On the Way

Client Alert | less than 1 min read | 07.29.15

On July 2, 2015, the FAR Council published a final rule, effective October 1, 2015, increasing the micro-purchase base threshold to $3,500 (from $3,000), that for use of simplified acquisition procedures for acquisition of commercial items to $7 million (from $6.5 million), the cost or pricing data threshold and the Cost Accounting Standard threshold to $750,000 (from $700,000), the prime contractor subcontracting plan floor to $700,000 (from $650,000), and the threshold for reporting first-tier subcontract information (including executive compensation) to $30,000 (from $25,000). The simplified acquisition threshold ($150,000) and the construction threshold ($1.5 million) will remain at current levels.


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Client Alert | 4 min read | 08.13.26

Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach

English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful....