*Cowb takes into account the quality of contracts and leases entered into, as well as the results of any independent review conducted by the contracting activity to verify the contractual experience of the candidate in accordance with paragraph 501 603-1(a) at the intermediate and senior levels. If a business sale cannot bypass the novation process, the seller must submit the novation documentation to the RCO, which is responsible for coordinating with all government entities interested in transferring the contracts. In order to carry out a novation, the contractor must carefully follow the procedure set out in FAR 42.1204 by providing copies of a proposed novation contract as well as detailed information on all relevant contracts, proof of the transferee`s ability to perform and any other relevant information requested by the contracting authority. Some specific documents must also be submitted (invoice or sale or merger; Minutes of the boards of directors approving the transfer, copies of the company`s articles of association, advice of the legal counsel, balance sheets, proof of security clearances, if necessary, approval of guarantees). Most importantly, the novation agreement must provide as follows: if the RCO determines that a novation is not in the government`s interest, the seller remains obligated under the contracts, and the contracts could be terminated for default if the seller is unable or unable to perform. In general, however, special agreements, such as subcontracting agreements. B between seller and buyer or termination for convenience, are agreed by the government for contracts that cannot be transferred. (i) The contracts and contractors concerned (e.g. number, monetary value and size of the enterprise); • a list of all relevant contracts between the seller and the government at the time of the sale or transfer of assets, indicating that at that date, Peckinpaugh is a member of the Government Contracts Division of the law firm Winston & Strawn, Washington, D.C. His column can be read on the FCW website at www.fcw.com. For more information, please contact him at carl@carl.com.
(iv) All calls, orders or purchases made under real estate leases, contracts or contracts. Processing a novation can take a long time because COAs usually focus on signing new contracts, so processing a novation is the last one on their to-do list. The government often approves the novation eventually, but the process can take from several weeks to six months or more. 501.301 Directive. (a) (1) The implementation and supplementation of the Federal Procurement Regulations (FAR) by the GSA takes place in the GSAM, which includes the GSAR. The GSAM is authorised and subject to the authority, direction and control of the SPE. The GSAR contains procurement policies and procedures that have a significant impact beyond GSA`s internal operating procedures or that have a material impact on costs or administrators on contractors or suppliers. (2) Procurement procedures, guidance, instructions and relevant information that do not meet the criteria set out in paragraph (a)(1) of this Section shall be published through the non-regulatory part of the GSAM (see 501.170) and other GSA publications (see 501.370). b) See 501.304 where publication of the Federal Register is required for an acquisition policy, procedure, incentive provision, contractual term or form. 501 304 Agency control and compliance procedures.
(a) Publication of the Federal Register. Publication of the Federal Register is required for all policies, procedures, solicitation provisions, contract clauses or acquisition forms that have a material impact beyond GSA`s internal operating procedures or that have significant costs or administrative implications for GSA`s contractors or suppliers, including material revisions (see FAR 1.501-1 and 501.501(a)). 1. All publications of the Federal Register referred to in paragraph (a) of this section shall be subject to approval by an SPE. (2) The Office of Procurement Policy shall coordinate with the HCA or authorized representative in deciding on any comments received in response to publication on the Federal Register. (b) Business case. If publication in the Federal Register or a change in the GSAM is detected by a contractual activity, the HCA develops a business case and submits it to the SPE for review and approval. The business case must contain at least the following information: (1) the name of the service (e.g., B PBS) and, where applicable, the contractual activity requesting the modification; (2) the justification for the necessity, including a– (i) a description of the problem or issue to be addressed; and (ii) discuss the benefits to the Agency and/or the organization. (3) A discussion of the impact, if any, on the GSA`s internal operational procedures, including an analysis of any impact on: (i) the acquired workforce; (ii) Another entity within the GSA (e.B. FAS, PBS, OSDBU, OIG); or (iii) automated systems (i.e., financial and procurement systems). (4) A discussion of the impact on contractors or suppliers, if any, including an analysis of the following: (i) the contracts and contractors involved (e.g.
number, dollar value and size of the enterprise); (ii) the estimated annual costs and benefits associated with the proposed amendment; and (iii) the burden of the new information-gathering requirements (see 44 U.S.C. 3501 et seq.), if any, related to the proposed amendment (see 5 CFR 1320.8). .