Government Contract Novation Agreement

Call our novation of contract law attorneys to avoid costly legal mistakes. 1-866-601-5518. Help for Federal Contractors in ALL STATES.

If you are a buying or selling a business with existing federal government contracts you should be aware of the differing rules about the assignment of contracts and government contract novation agreements.   At Watson & Associates, LLC, our government contract attorneys frequently help small businesses and larger DOD contractors to avoid some of the most costly legal mistakes seen to date.

FAR 42.12 Government Novation of Contact Attorney Services

The law firm helps transferors or transferees from the beginning of the novation process through contracting officer approval with:

  • Assessing the overall business sale for potential problems under FAR 42.12 novation contract requirements.
  • Working with client’s corporate attorneys to validate and resolve potential problems with the assignment of contract or novation sale.
  • Preparation of government contract novation agreements
  • Working with local business attorneys that may not be experienced in government contract law
  • Pre novation consulting
  • Novation in construction contracts
  • Reviewing asset purchase agreements to make sure that our client is not violating the Anti-Assignment Act.
  • Overseeing the entire process from beginning to end
  • Drafting federal government novation construction agreements 
  • Compiling the contract novation letter as per FAR 42.12
  • Assessing the unique rules involved with government contracts for small businesses (8a etc.)

To speak with a government contract novation law attorney, call Watson & Associates at 1-866-601-5518.

At Watson & Associates, LLC our government contract novation law attorneys help small businesses and larger DOD contractors to develop and propose a more acceptable contract novation agreement package to the contracting officer. FAR 42.12 has specific requirements for novation of government contracts. Both the seller and buyer should understand the novation clauses before they commit.

Various Types of Business Sales

  • SBA 8(a) Businesses
  • HUBZone Companies
  • GSA Contract novation sales

As federal government novation of contract law attorneys, we help with assessment of asset purchase sales,  pre novation consulting and prepare our clients to ultimately get through the buying and selling process. At our clients’ request, we oversee the entire transactional process and can work with local attorneys to make sure that the federal regulations fit into the overall buying and selling process.

What is a Novation Contract? Federal Novation Legal Definition and Meaning? Under federal procurement laws, the novation legal definition may be somewhat different than in the commercial sector. A novation agreement is appropriate when the party to contract somehow assigns their obligations under a current federal contract to a new party. In government contracting, the agency refers to the new part as a successor in interest.

  • If the contract is already novated with government approval, the seller could be in breach of contract.
  • Federal contracts cannot be novated unless the FAR requirements are met.

Who Approves Government Contract Novation Agreements? When you finally compose the contract novation package, you will submit it to the administrative contracting officer (“ACO”). The contracting officer will then coordinate the novation process on behalf of all interested federal agencies.

Government Novation Contract Law Requirements in Asset Purchase Sales

Conducting an asset purchase sale will generally require contract novation agreements under FAR 42.12. Having a novation contract law attorney that understands the ground rules can avoid many pitfalls and costly legal mistakes. For example, when novating government contracts, the government will scrutinize the asset purchase agreement to make sure that there are true assets being transferred.

  • Generally, a novation agreement is not required in a stock purchase sale.
  • The contracting officer still needs to be involved in the process

When it comes to asset purchase sales, the contracting agency tends to favor some transactions over others. The government will more than likely approve a novation agreement that involves a business sale where all of the assets of the performing contractor are sold, or the sale of all assets involved in performing the contract.

When there is a merger or acquisition involved, the Anti-Assignment Act is triggered and the M&A transaction will require more scrutiny by the government. Note that FAR 42.1204(a)(2)(ii) does given the government contracting agency discretion to weigh in. It is always advisable to get the agency involved as early as possible and secure written confirmation that a novation contract is not required.

At Watson & Associates, our government contract novation attorneys will weigh in and provide insight to transferors or transferee’s and advise on the potential legal issues that can arise. See additional information about government novations.

Nationwide Help

Our Government Novation Contract Law Firm provides legal counsel to federal contractors throughout the United States and overseas including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Call our federal contract novation agreement attorneys today for immediate help.

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Contact Our FAR 42 Novation Contract Agreement Lawyers

For help with federal government contract novation agreements under FAR 42.12 or novation in construction contracts, call Watson’s government contract novation law firm at 1-866-601-5518 for immediate help.