News & Analysis as of

Novation Federal Acquisition Regulations (FAR)

Smith Anderson

Transferring Federal Government “Other Transaction” Agreements

Smith Anderson on

As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part II

Holland & Knight LLP on

This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more

Morrison & Foerster LLP - Government...

Airing Of Grievances: FAR Council Invites Novation Comments

Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal...more

Husch Blackwell LLP

Novation Agreements Under Federal Contracts

Husch Blackwell LLP on

A unique aspect of doing business with the federal government is the built-in limits on a contractor’s right to assign the contract or the right to payment under the contract to third parties. The Anti-Assignment Act (41...more

Pullman & Comley, LLC

Top Five (5) Concerns Selling or Acquiring an Entity with Government Contracts

Pullman & Comley, LLC on

Contract review is one of the most onerous (and important) processes in any due diligence process when buying or selling a company. We all know that those contracts are the backbone of many businesses- they document the...more

Pillsbury Winthrop Shaw Pittman LLP

Government Contractor M&A Deals Beware

Recent Government Accountability Office (GAO) protest decision on standing holds key implications for government contract asset deals. GAO held that contractor who had sold relevant contract assets to another company...more

Williams Mullen

When Deal Making and Government Consent Merge: The Who, What, When, Where, and Why of Novation Agreements

Williams Mullen on

Over the past year, there has been a tremendous amount of merger and acquisition activity, and the government contracting industry has been no exception. Along with the traditional concerns involved in the M&A world,...more

Troutman Pepper

Novation of Government Contracts: How to Prepare for and Receive Government Approval

Troutman Pepper on

Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume X – Accounting...

Volume X – Accounting for the Cost of Business Combinations Under Government Contracts - Mergers and acquisitions create additional costs and complex accounting issues for government contractors. There are fees for...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 2 – Obtaining...

This posting is the second in a ten-part series on unique issues that arise in the acquisition and disposition of a company that performs government contracts or subcontracts. Part 1 focused on the types of deal structures...more

PilieroMazza PLLC

Novations and Contract Transfers

PilieroMazza PLLC on

In this presentation: - What is novation and what is required to effectuate such a transaction? - When are novations necessary and when can they be avoided? - What impact will a novation have on your...more

Smith Anderson

Federal Contracts When Selling a Business

Smith Anderson on

When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation. ...more

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