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Extract to table / govt-contracts-novation-analysis.docx
govt-contracts-novation-analysis.docx
Parties
Harkness LLP
Marlowe Asset Management Photonics Inc
Halcyon US Holdings Inc
Ironclad Defense Systems Inc
Halcyon Photonics Inc
Greenfield LLP
Gale LLP
The Ironclad Defense Systems Inc
Dates
October 17, 2023
June 5, 2023
February 14, 2009
June 10, 2023
April 30, 2024
February 28, 2024
January 31, 2024
December 31, 2023
January 26, 2024
January 19, 2024
Amounts
$1.42
$85
$193
$500,000
$52.3
$41.7
$38.9
$34.1
$26.0
$193.0
Obligations
In such transactions, a novation agreement is almost always required because the government's contractual relationship must be formally transferred from the original contractor to the successor entity
Even where formal novation is not required, the contracting officer must still be notified of the change in ownership, and VPI must submit updated representations and certifications, DFARS 252
This is VPI's sole major subcontract and presents unique novation challenges because the novation process must involve Ironclad as the prime contractor in addition to the NAVSEA contracting officer
1204(e) specifies the documentation that must be submitted to each responsible contracting officer in support of a novation agreement request
3, which governs contractors' purchasing systems and subcontract administration), Ironclad must consent to the change in ownership of its subcontractor
However, the following key points are directly relevant to the novation process and are summarized here: First, VPI must disclose to each of its fourteen (14) contracting officers that it is now owned by a German parent entity, HSAG