42.1205
Agreement to recognize contractor’s change of name
Contractors must formally notify and document any legal name change to ensure all government contracts remain valid and enforceable under the new name.
Overview
FAR 42.1205 outlines the procedures and requirements for recognizing a contractor’s change of name when the contractor’s legal entity remains the same and only the name changes. The regulation ensures that the Government’s and contractor’s rights and obligations under existing contracts remain unaffected by the name change, and provides a standardized process for documenting and formalizing the change through a Change-of-Name Agreement.
Key Rules
- Documentation Submission
- The contractor must submit three signed copies of the Change-of-Name Agreement to the responsible contracting officer, along with authenticated documentation of the name change, a legal opinion confirming the validity of the change, and a list of all unsettled contracts and purchase orders affected by the change.
- Agreement Format
- FAR provides a suggested format for the Change-of-Name Agreement, which can be adapted as needed. The agreement amends all affected contracts to reflect the new name and confirms that all rights and obligations remain unchanged.
Responsibilities
- Contracting Officers: Must review submitted documentation, ensure the agreement is properly executed, and update contract records to reflect the new contractor name.
- Contractors: Must provide all required documentation and ensure the name change is properly effected under state law.
- Agencies: Oversee compliance and maintain accurate contract records.
Practical Implications
- This section exists to maintain continuity and clarity in contractual relationships when a contractor changes its name. It prevents confusion or disputes over contract performance and payment. Common pitfalls include incomplete documentation or failure to notify all affected contracting offices, which can delay recognition of the name change and disrupt contract administration.