It is important to know that the novation of a government contract requires the approval of the appropriate contracting officer.  Our government contract lawyers have extensive experience assisting companies to successfully novate their government contracts.  

The Anti-Assignment Act prohibits the transfer of a government contract without the Government's approval.  The novation of a government contract requires the submission of specific documents and information to the contracting officer.  Per FAR 42.1204, the contracting officer will determine whether to allow the contract's novation based upon if the transfer is in the Government's best interest.  Presenting your best case to the contracting officer, in an organized and complete manner, is vital to a successful novation.  

Before obtaining the Government's approval, the contract must be sold, typically through an asset purchase agreement.  The agreement should address a variety of issues unique to the novation of a government contract, including how do the parties conduct business under the government contract while waiting for novation approval, as well as what happens if the contracting officer denies the novation.

The government contract lawyers of BCTW can assist you to avoid costly mistakes and delays in the novation process.