41 USC 6305 - Prohibition on transfer of contract and certain allowable assignments

U.S Code last checked for updates: Nov 22, 2024

§ 6305.

Prohibition on transfer of contract and certain allowable assignments

(a)

General Prohibition on Transfer of Contracts.—

The party to whom the Federal Government gives a contract or order may not transfer the contract or order, or any interest in the contract or order, to another party. A purported transfer in violation of this subsection annuls the contract or order so far as the Federal Government is concerned, except that all rights of action for breach of contract are reserved to the Federal Government.

(b)

Assignment.—

(1)

In general.—

Notwithstanding subsection (a) and in accordance with the requirements of this subsection, amounts due from the Federal Government under a contract may be assigned to a bank, trust company, Federal lending agency, or other financing institution.

(2)

Minimum amount.—

This subsection applies only to a contract under which the aggregate amounts due from the Federal Government total at least $1,000.

(3)

Accord with contract terms.—

Assignment may not be made under this subsection if the contract forbids the assignment.

(4)

Full balance due.—

Unless otherwise expressly permitted by the contract, an assignment under this subsection must cover the balance of all amounts due from the Federal Government under the contract.

(5)

Single assignment.—

Unless otherwise expressly permitted by the contract, an assignment under this subsection may not be made to more than one party or be subject to further assignment, except that assignment may be made to one party as agent or trustee for 2 or more parties participating in the financing.

(6)

Written notice.—

The assignee of an assignment under this subsection shall file written notice of the assignment and a true copy of the instrument of assignment with—

(A)

the contracting officer or head of the officer’s department or agency;

(B)

the surety on any bond connected with the contract; and

(C)

the disbursing officer, if any, designated in the contract to make payment.

(7)

Validity.—

Notwithstanding any law to the contrary governing the validity of assignments, an assignment under this subsection is a valid assignment for all purposes.

(8)

No refund to cover assignor’s liability.—

The assignee of an assignment under this subsection is not liable to make any refund to the Federal Government because of an assignor’s liability to the Federal Government, whether that liability arises from the contract or independently.

(9)

Avoiding reduction or setoff with certain contracts.—

(A)

Contract provision.—

A contract of the Department of Defense, the General Services Administration, the Department of Energy, or another department or agency of the Federal Government designated by the President may, on a determination of need by the President, provide or be amended without consideration to provide that payments made to an assignee under the contract are not subject to reduction or setoff. Each determination of need by the President under this subparagraph shall be published in the Federal Register.

(B)

Carrying out contract provision.—

When a “no reduction or setoff” provision as described in subparagraph (A) is included in a contract, payments to the assignee are not subject to reduction or setoff for an assignor’s liability arising—

(i)

independently of the contract;

(ii)

on account of renegotiation under a renegotiation statute or under a statutory renegotiation article in the contract;

(iii)

on account of fines;

(iv)

on account of penalties; or

(v)

on account of taxes, social security contributions, or the withholding or non-withholding of taxes or social security contributions, whether arising from or independently of the contract.

(C)

Limitation.—

Subparagraph (B)(iv) does not apply to amounts which may be collected or withheld from the assignor in accordance with or for failure to comply with the terms of the contract.

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3804.)

cite as: 41 USC 6305