FAR Amended to Standardize Past Performance Evaluations
Client Alert | less than 1 min read | 08.05.13
On August 1, 2013, the FAR was amended to provide for standardized past performance evaluation factors and performance rating categories for use government-wide and to require that past performance information be entered into the Contractor Performance Assessment Reporting System (CPARS). The final rule, which becomes effective on September 3, 2013, leaves intact the existing process to appeal an evaluation and places an emphasis on monitoring the quality and timeliness of submission of past performance information.
Contacts
Insights
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.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26
