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Acquisition Flash! 22-01

What's Changed?

VAAM M842.12—Novation and Change-of-Name Agreements

Purpose: Provide update to VAAM M842.12—Novation and Change-of-Name Agreements.

Effective Date: 12/07/2021

Affected VAAM Parts: VAAM M842.1202 and M842.1203.

Background: During an analysis of the Office of Acquisition and Logistics (OAL), Risk Management and Compliance Service’s (RMCS) responsibilities as they relate to Novation and Change-of-Name Agreements, it was determined that a clarification is needed for the determination of the contracting officer responsible for processing and executing novation and change-of-name agreements. Per FAR 42.1202, this determination is at a federal level and “agency” is a federal agency. Therefore, one federal agency would execute the novation or change-of-name agreement for the federal government. If several transferors are involved, the responsible contracting officer shall be the contracting officer (or ACO) designated by the agency having the largest unsettled dollar balance. FAR 42.1203(b)(3) allows for comment from all federal agencies prior to the responsible contracting officer making the determination.

VAAM M842.12—Novation and Change-of-Name Agreements, has been updated to provide clarification for the determination of the contracting officer responsible for processing and executing novation and change-of-name agreements. There shall only be one Government contracting officer (ACO or CO) that would process the agreement, and so there would be no duplication at the federal level.

Applicability: This Acquisition Flash applies to all VA contracting activities responsible for contract administration.

Action Required: Contracting Officers, upon being notified of a successor in interest to a Government contract, or change-of-name request from one of its contractors, shall promptly report such information to the Head of the Contracting Activity (HCA) or designee who will consolidate and forward a notification to OAL, RMCS. RMCS will designate a cognizant HCA responsible for assigning a contracting officer to take the lead for VA in executing agreements to recognize a change-of-name or successor in interest.

Additional Information: Direct any questions or comments to the Procurement Guidance and Instruction Service (PGIS) via email at VAPGISMailbox@va.gov.