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§ 3727, 41 U.S.C. § 6305) was passed in 1940 and provides for an important function in government contract financing. One of the benefits of the assignment of claims policy is to authorize third-party financial institutions to collect on payments made to contractors for performance of a federal contract.
In order for an assignment of contract to occur, the original contract must be eligible. Some contracts may be written to disallow assignment or may require consent from one or both/all parties for assignment to occur. In addition, an assignment does not always remove full liability from the assignor.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
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.
Summary: While commercial contracts may be sold or assigned to a third party, Government Contracts may not be. However, government contracts may be transferred through novation, where the government gives its formal written approval after submission of specific information and assurances.
An assignment of a legal claim occurs when one party (the ?assignor? ) transfers its rights in a cause of action to another party (the ?assignee? ).1.
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.
For example, 'A' gets a contract to cut the grass from 'B's garden. 'A' might delegate the work to 'C' without actually assigning the contract to him. But 'A' will still control the work and receive the payment.