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The Anti-Assignment Act prohibits the transfer of government contracts to a third party. However, in certain situations the Government may consent to such a transfer.
An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses.
An assignment transfers the benefit of a contract from one party to another, but only the benefit, not the burden. In contrast, a novation will transfer both the benefit and the burden of a contract from one party to another. A novation creates a new contractual relationship - a 'new' contract is entered into.
The Anti-Assignment Act prohibits the contractor from assigning a federal government prime contract (a contract directly between the contractor and the US government) to a third party (41 U.S.C. § 6305(a)).
An assignment of contract is a legal clause that allows for one party of a contract to transfer the rights, obligations, and responsibilities of that contract to another party. The party who is giving away the responsibility of the contract is the assignor and the party receiving is the assignee.
The assigning contractor (Assignor) authorizes issuance of payment for a specific purchase or contract to a different named contractor (Assignee). The Assignor remains responsible for the complete fulfillment of the contract and any contractor responsibility issues associated with the contract.
The Federal Assignment of Claims Act defines how lenders or factoring companies can arrange for payments when federal contracts are part of the accounts receivable or loans made to the contractor.
Before you can bid on government proposals, you need to get a Unique Entity Identifier (UEI). A UEI is a unique 12-character, alpha-numeric value. You will receive a UEI when you register with SAM at SAM.gov . Entities doing business with the federal government must use the UEI created by the system.