48 CFR 42.1204 - Applicability of novation agreements

Cite as48 CFR 42.1204
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14 practice notes
  • Karawia v. U.S. Dept. of Labor, No. 08CV5471 (HB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 7 Mayo 2009
    ...contracts, 41 U.S.C. § 15, and the United States need only agree to a novation agreement when it is in the government's interest. See 48 C.F.R. § 42.1204. ISI acknowledges that it sought a novation because its New York State business license was in jeopardy.20 (Hearing Tr. 20:2-11; 452:21-2......
  • Nat'l Mall Tours of Wash., Inc. v. U.S. Dep't of the Interior, Civil Action No. 15-0529 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 18 Marzo 2016
    ...the Government agrees to recognize the third party as the successor in interest to the contract pursuant to a novation agreement. 48 C.F.R. § 42.1204(a). However, the regulation further provides that "[a] novation agreement is unnecessary when there is a change in the ownership of a contrac......
  • Omicron Safety & Risk Techs., Inc. v. UChicago Argonne, LLC, No. 14 C 2761
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • 6 Marzo 2015
    ...Provision was standard language lifted word-for-word from the Federal Acquisition Regulations concerning novation agreements. See 48 C.F.R. § 42.1204(i) (setting forth model novation agreement that "[t]he responsible contracting offer shall use ... when [as here] the transferor and transfer......
  • Raytheon Co. v. United States, No. 05-448C
    • United States
    • Court of Federal Claims
    • 16 Julio 2012
    ...1268; PX 347. Mr. Christiansen testified that the AIS novation agreement, as signed, "was in the form prescribed by FAR § 42.1204(i), 48 C.F.R. 42.1204(i) (2002)." Tr. 1260-61.c. Daniel Dowd Raytheon presented the testimony of Mr. Daniel Dowd, a corporate cost analyst for the DCMA assigned ......
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9 cases
  • Karawia v. U.S. Dept. of Labor, No. 08CV5471 (HB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 7 Mayo 2009
    ...contracts, 41 U.S.C. § 15, and the United States need only agree to a novation agreement when it is in the government's interest. See 48 C.F.R. § 42.1204. ISI acknowledges that it sought a novation because its New York State business license was in jeopardy.20 (Hearing Tr. 20:2-11; 452:21-2......
  • Nat'l Mall Tours of Wash., Inc. v. U.S. Dep't of the Interior, Civil Action No. 15-0529 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 18 Marzo 2016
    ...the Government agrees to recognize the third party as the successor in interest to the contract pursuant to a novation agreement. 48 C.F.R. § 42.1204(a). However, the regulation further provides that "[a] novation agreement is unnecessary when there is a change in the ownership of a contrac......
  • Omicron Safety & Risk Techs., Inc. v. UChicago Argonne, LLC, No. 14 C 2761
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • 6 Marzo 2015
    ...Provision was standard language lifted word-for-word from the Federal Acquisition Regulations concerning novation agreements. See 48 C.F.R. § 42.1204(i) (setting forth model novation agreement that "[t]he responsible contracting offer shall use ... when [as here] the transferor and transfer......
  • Raytheon Co. v. United States, No. 05-448C
    • United States
    • Court of Federal Claims
    • 16 Julio 2012
    ...1268; PX 347. Mr. Christiansen testified that the AIS novation agreement, as signed, "was in the form prescribed by FAR § 42.1204(i), 48 C.F.R. 42.1204(i) (2002)." Tr. 1260-61.c. Daniel Dowd Raytheon presented the testimony of Mr. Daniel Dowd, a corporate cost analyst for the DCMA assigned ......
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3 firm's commentaries
  • Requirements for Assigning and Transferring Government Leases
    • United States
    • JD Supra United States
    • 1 Mayo 2020
    ...to GSA before GSA will agree to sign the novation agreement. This novation process typically occurs post-closing and is governed by 48 C.F.R. § 42.1204. The first step is finalizing the form of novation agreement. GSA has a standard form of novation agreement, which can be found at 48 C.F.R......
  • Recent Trends In Government Contracts M&A
    • United States
    • JD Supra United States
    • 29 Agosto 2017
    ...the assignor (transferor) and the assignee (transferee) on the standard form in the Federal Acquisition Regulation (FAR) 42.1204(i) (48 CFR 42.1204(i)). Under FAR 42.1204(a), the government will only approve a novation if the request “arises out of the transfer of — (1) All the contractor’s......
  • PilieroMazza Legal Advisor - Fourth Quarter
    • United States
    • JD Supra United States
    • 7 Noviembre 2014
    ...within the government’s discretion based on their finding of whether it is within the government’s interest. 48 C.F.R. § 42.1203(c); 48 C.F.R. § 42.1204(a). Government The regulations provide that if there has been an acquisition of “all [of ] the contractor’s assets” or “the entire portion......

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