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John M

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  1. John M

    Novation - Retaining CDA Claim

    What you say makes complete sense. The key is that all (or substantially all) of the assets are being transferred. So, keeping one contract which is remains open due to a claim, but where no work is required, does not prevent novation of other executory contracts. Thank you very much for your thoughts.
  2. Company A is selling all of its assets to Company B. Novation agreements will be obtained for Government contracts. However, Company A wants to keep a CDA Claim on a contract where performance is completed but still open pending resolution of claims. Can Company A keep this one contract & litigate CDA Claim in its name, and still be eligible to novate all other contracts?
  3. John M

    Nonresponsibilty Determination

    I now see that this topic was covered under "Contractor Responsibility" topic a few years back. A lot of differing opinions.
  4. Hypothetical. FAR 9.1 governs a Contracting Officer's non-responsibility determination, which is to be made at the time of contract award. Can a Contracting Officer declare a Contractor non-responsible at the time of issuing a Task Order under a IDIQ contract? It seems to me that this is improper since the non-responsibility determination is being done after contract award.
  5. Thanks. The provisions you cite do not apply to fixed-price contracts based on adequate price competition, which makes sense. And even so, the Contracting Officer can include the clause in such contracts if he/she thinks appropriate. So, the Gov't has a tool to prevent excessive subcontracting to avoid unreasonable pass through fees.
  6. I see. Thank you both for the helpful responses.
  7. Are there any limits on subcontracting for full & open competitive procurements? All the limitations I have read apply only to set-asides or sole source procurements. Seems to me that there has to be some limit. Using an extreme hypothetical to illustrate the point, a prime contractor should not be allowed to subcontract out 99% of the work.