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NOVATION AND CHANGE OF NAME AGREEMENTS
“WHAT THEY MEAN IN REALITY AND IN SAP”
LEVEL 1 PIPKIMBER RUSSELLJUNE 1, 2006
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
AGENDA OBJECTIVE
DEFINITIONS
WHY DOES DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA) PROCESS NASA’S NOVATION AND CHANGE OF NAME AGREEMENTS?
WHAT IS A CONTRACTOR’S RESPONSIBILITY, WHEN A “SUCCESSOR IN INTEREST” REQUESTS A NOVATION OR CHANGE OF NAME AGREEMENT?
HOW DO NOVATION AND CHANGE OF NAME AGREEMENTS AFFECT PROCUREMENT?
LESSONS LEARNED
RECOMMENDATIONS
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
OBJECTIVE
TO INFORM AND EDUCATE THE PROCUREMENT COMMUNITY ABOUT NOVATION AND CHANGE OF NAME AGREEMENTS
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
DEFINITIONS
NOVATION AGREEMENT: A LEGAL DOCUMENT BY WHICH, THE CONTRACTOR (TRANSFEROR) GUARANTEES PERFORMANCE OF THE CONTRACT AND THE “SUCCESSOR IN INTEREST” (TRANSFEREE) ASSUMES ALL OBLIGATIONS AND RELATED ASSETS UNDER THE CONTRACT
CHANGE OF NAME AGREEMENT: A LEGAL DOCUMENT EXECUTED BY THE CONTRACTOR AND THE FEDERAL GOVERNMENT THAT RECOGNIZES THE NAME CHANGE WITHOUT DISTURBING THE CONTRACTUAL OBLIGATIONS
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
WHY DOES DCMA PROCESS NASA’S NOVATION AND CHANGE
OF NAME AGREEMENTS?
NASA HAS A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA)
DCMA AGREED TO PROVIDE IN-PLANT SUPPORT TO NASA
DCMA PROCESSES THE AGREEMENTS TO PROTECT THE GOVERNMENT’S INTEREST
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
DOES NASA HAVE TO PAY FOR THIS SERVICE?
YES
NASA AGREED TO REIMBURSE THE DEPARTMENT OF DEFENSE (DOD)
THE MEMORANDUM OF AGREEMENT IS NEGOTIATED ANNUALLY
EACH DEPARTMENT AND AGENCY OF THE FEDERAL GOVERNMENT, MUST COOPERATE FULLY WITH THE ADMINISTRATION IN ACCORDANCE WITH FAR 42.002
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
DOES NASA HAVE TO PAY FOR THIS SERVICE? - - - cont’d
NATIONAL SPACE ACT OF 1958, 42 U.S. CODE 2473 (c) (6), WAS ENACTED AS PART OF PUBLIC LAW 85-568
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSOR ININTEREST” REQUESTS A NOVATION OR CHANGE OF NAMEAGREEMENT TO A GOVERNMENT CONTRACT?
NOVATION AGREEMENT
THE CONTRACTOR SHALL SUBMIT THE FOLLOWING IN ACCORDANCE WITH FAR 42.1204 (e):
A PURCHASE SALE AGREEMENT
A LIST OF ALL AFFECTED CONTRACTS
DATE OF SALE OR TRANSFER OF ASSETS
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NOVATION AND CHANGE OF NAME AGREEMENTS“WHAT THEY MEAN IN REALITY AND IN SAP”
WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSORIN INTEREST” REQUESTS A NOVATION OR CHANGE OFNAME AGREEMENT ON A GOVERNMENT CONTRACT? --- cont’d
NAME, ADDRESS, CONTRACT NUMBER AND TYPE
TOTAL DOLLAR VALUE AND APPROXIMATE UNPAID BALANCE
EVIDENCE OF THE TRANSFEREE’S CAPABILITY TO PERFORM
THE OPINION OF LEGAL COUNSEL
COPY OF SECURITY CLEARANCES
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSORIN INTEREST” REQUESTS A NOVATION OR CHANGE OFNAME AGREEMENT ON A GOVERNMENT CONTRACT? --- cont’d
CHANGE OF NAME AGREEMENT
WHEN A CONTRACTOR CHANGES ITS NAME ONLY , THEY MUST FORWARD THE FOLLOWING DOCUMENTATION IN ACCORDANCE WITH FAR.1205(a):
A COPY OF THE DOCUMENT AFFECTING THE NAME CHANGE
DOCUMENTATION FROM LEGAL COUNSEL STATING THE CHANGE OF NAME WAS PROPERLY EXECUTED
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSORIN INTEREST” REQUESTS A NOVATION OR CHANGE OFNAME AGREEMENT ON A GOVERNMENT CONTRACT? --- cont’d
A LIST OF ALL AFFECTED CONTRACTS
NAME, ADDRESS, CONTRACT NUMBER AND TYPE
TOTAL DOLLAR VALUE AND UNPAID BALANCE
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
HOW DO NOVATION AND CHANGE OF NAME AGREEMENTSAFFECT PROCUREMENT?
eLECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS)
THE ELECTRONIC SUBCONTRACTING REPORTING SYSTEM IS THE NEW SUBCONTRACTING DATABASE SYSTEM THAT REPLACED THE INTEGRATED SUBCONTRACTING REPORTING SYSTEM (iSRS) ON SEPT. 2005. THE AFFECT IS:
WHEN THE DUNS NUMBER OR THE CONTRACTOR NAME IS INCORRECT, IT PROHIBITS THE CONTRACTOR’S FROM SUBMITTING THEIR NEW REPORTS
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
HOW DO NOVATION AND CHANGE OF NAME AGREEMENTSAFFECT PROCUREMENT? - - cont’d
AFTER RECEIVING A NOVATION OR CHANGE OF NAMEAGREEMENT FROM DCMA, THE CONTRACT SPECIALIST MUST DO THE FOLLOWING:
ACCESS THE CENTRAL CONTRACT REGISTER www.ccr.gov
ACCESS SAP
ACCESS THE ONLINE QUICK REFERENCE (OLQR) http://olqr-cf.ifmp.nasa.gov, to RETRIEVE FORMS:
MASTER DATA FORMS
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
HOW DO NOVATION AND CHANGE OF NAME AGREEMENTS
AFFECT PROCUREMENT? - - cont’d
ACCOUNTS PAYABLE & PURCHASING FORMS
HOW TO REQUEST VENDOR MASTER NAME CHANGES
REQUEST FOR NEW/CHANGE PROCUREMENT KRED VENDOR MASTER RECORD
REQUEST A COPY OF THE LAST INVOICE
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
HOW DO NOVATION AND CHANGE OF NAME AGREEMENTSAFFECT PROCUREMENT? - - - cont’d
FAX (x6-1749) ALL FORMS AND FORWARD SUPPORTING DOCUMENTS TO THE CORE FINANCIAL HELPDESK @ [email protected]
PREPARE AN SF 30, INCORPORATING A SUMMARY OF AGREEMENT AND A COMPLETE LIST OF AFFECTED CONTRACTS IN THE MEMORANDUM FOR RECORD
UPDATE CONTRACTUAL INFORMATION IN SAP
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HOW DO NOVATION AND CHANGE OF NAME AGREEMENTS
AFFECT PROCUREMENT? - - - cont’d
MAKE DISTRIBUTION
RETAIN ORIGINAL COPY IN THE FILE
NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
LESSONS LEARNED
NOVATION AND CHANGE OF NAME AGREEMENTS AFFECT THE FOLLOWING:
CONTRACT ADMINISTRATION
INTERNAL DATABASES THAT CAPTURE CONTRACT DATA
ABILITY TO ACCURATELY RESPOND TO DATA CALLS FROM NASA HQs
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NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP”
RECOMMENDATIONS
CONDUCT A TRAINING HUDDLE TO ENSURE ALL ASPECTS OF THE PROCESS ARE COMPLETED
IN ADDITION TO PLACING PIP ON PROCUREMENT HOMEPAGE UNDER 210 TRAINING AND DEVELOPMENT WEBPAGE, UNDER “PIP,” ADD TO PROCUREMENT SYSTEM GUIDANCE
IDENTIFY KNOWLEDGABLE POC’s IN PROCUREMENT ORGANIZATION TO ASSIST OTHERS WITH PROCESS
