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  • Question

    Would you please clarify whether or not a Contracting Officer's signature is required on the Notice of Assignment documentation? Particularly, I am wanting to make sure that I am clear on who the "signing officer" should be in FAR 32.805(c). Also, would like to know if there is any guidance that says how long a company has to complete the Notice of Assignment documentation and submit to the Contracting Office? Please advise soonest. Thanks!


    Answer

    Please look at DFARS.  It clearly states that the ACO will sign the Notice of Assignment letter.  If there is no assigned ACO, then by default the PCO must sign it, because the PCO is serving in both roles.  There is no guidance on how long a company has to complete the paperwork.  If there is delay, I would suggest that the ACO send a letter saying that payment will be held or made directly to the contractor if the paperwork is not completed.  Generally payment would continue normally to the contractor until the Notice of Assignment Letter is completed - but I have experienced the need to withold payments until a 2nd party payee was assigned to make payments to subcontractors who had not been payed by a negligent prime contractor. As always, clearly document your actions, your rationale and your coorespondence/telephone calls to the contractor.   

    From  DFARS
    232.805 Procedure.
    (b) The assignee shall forward—
    (i) To the administrative contracting officer (ACO), a true copy of the instrument of assignment and an original and three copies of the notice of assignment. The ACO shall acknowledge receipt by signing and dating all copies of the notice of assignment and shall—
    (A) File the true copy of the instrument of assignment and the original of the notice in the contract file;
    (B) Forward two copies of the notice to the disbursing officer of the payment office cited in the contract;
    (C) Return a copy of the notice to the assignee; and
    (D) Advise the contracting officer of the assignment.
    (ii) To the surety or sureties, if any, a true copy of the instrument of assignment and an original and three copies of the notice of assignment. The surety shall return three acknowledged copies of the notice to the assignee, who shall forward two copies to the disbursing officer designated in the contract.
    (iii) To the disbursing officer of the payment office cited in the contract, a true copy of the instrument of assignment and an original and one copy of the notice of assignment. The disbursing officer shall acknowledge and return to the assignee the copy of the notice and shall file the true copy of the instrument and original notice.


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