NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP” LEVEL 1 PIP KIMBER RUSSELL JUNE 1, 2006

2 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

3 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

4 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

5 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

6 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

7 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

8 NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP” WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSOR IN INTEREST” REQUESTS A NOVATION OR CHANGE OF NAME AGREEMENT TO A GOVERNMENT CONTRACT? NOVATION AGREEMENT  THE CONTRACTOR SHALL SUBMIT THE FOLLOWING IN ACCORDANCE WITH FAR (e): A PURCHASE SALE AGREEMENT A LIST OF ALL AFFECTED CONTRACTS DATE OF SALE OR TRANSFER OF ASSETS

9 NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP” WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSOR IN INTEREST” REQUESTS A NOVATION OR CHANGE OF NAME 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

10 NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP” WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSOR IN INTEREST” REQUESTS A NOVATION OR CHANGE OF NAME 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

11 NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP” WHAT IS A CONTRACTOR’S RESPONSIBILITY, IF A “SUCCESSOR IN INTEREST” REQUESTS A NOVATION OR CHANGE OF NAME 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

12 NOVATION AND CHANGE OF NAME AGREEMENTS “WHAT THEY MEAN IN REALITY AND IN SAP” HOW DO NOVATION AND CHANGE OF NAME AGREEMENTS AFFECT 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 THE AFFECT IS: WHEN THE DUNS NUMBER OR THE CONTRACTOR NAME IS INCORRECT, IT PROHIBITS THE CONTRACTOR’S FROM SUBMITTING THEIR NEW REPORTS

13 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 AFTER RECEIVING A NOVATION OR CHANGE OF NAME AGREEMENT FROM DCMA, THE CONTRACT SPECIALIST MUST DO THE FOLLOWING:  ACCESS THE CENTRAL CONTRACT REGISTER  ACCESS SAP  ACCESS THE ONLINE QUICK REFERENCE (OLQR) cf.ifmp.nasa.gov, to RETRIEVE FORMS: cf.ifmp.nasa.gov MASTER DATA FORMS

14 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

15 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  FAX (x6-1749) ALL FORMS AND FORWARD SUPPORTING DOCUMENTS TO THE CORE FINANCIAL  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

16 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”

17 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

18 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